Analysis of the Performance of the United Nations Security Council and the International Criminal Court in Response to Violations of Humanitarian Law by U.S. and NATO Forces in Afghanistan
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Abstract
Background and Objective: Violations of international humanitarian law during the military presence of the United States and NATO in Afghanistan are among the most important legal and political challenges of the contemporary international system. The purpose of this study is to examine the performance of the United Nations Security Council and the International Criminal Court in relation to documented violations of humanitarian law by US and NATO forces in Afghanistan during the years 2001 to 2021.
Method: This research was conducted using a descriptive-analytical method and based on library resources, international documents, judicial procedures, and human rights reports.
Findings: The research findings show that despite the existence of credible documentation about war crimes, the Security Council and the International Criminal Court have had limited and non-independent performance under the influence of political considerations, power structures, and legal constraints.
Conclusion: The results of the research indicate that political considerations and the power structure in the international system have prevented full accountability for humanitarian rights violations in Afghanistan. The innovation of the research lies in the simultaneous analysis of the performance of the Security Council and the International Criminal Court in relation to the situation in Afghanistan.
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