Afghanistan has faced successive armed conflicts since the communist takeover in 1978, including civil wars, the rise of the Taliban, the post-2001 intervention by the United States, and a prolonged conflict between the Taliban and the former government, which was supported for two decades by an international military presence. The 2020 agreement paved the way for foreign withdrawal, which was completed with the Taliban reconquest, ending earlier conflicts but leaving fragmented armed resistance and multiple foreign terrorist armed groups on Afghan territory. During the period under review the Taliban consolidated de facto control while low intensity hostilities persisted with National Resistance Front (NRF) and the Afghanistan Freedom Front (AFF), and Islamic State Khorasan Province (IS-KP) maintained the ability to conduct major attacks. Afghan territory continued to serve as a base for regional terrorist armed groups and fuel recurrent tensions and cross-border incidents with Pakistan.
Classifications and Parties to the Conflicts
- International Armed Conflict between Afghanistan and Pakistan
- Non-International Armed Conflict between the Taliban and the National Resistance Front (NRF)
- Non-International Armed Conflict between the Taliban and the Afghanistan Freedom Front (AFF)
- Non-International Armed Conflict between the Taliban and Islamic State – Khorasan Province (IS-KP)
Afghan civilians continued to suffer serious harm from improvised explosive devices, suicide bombings, cross border fire and airstrikes, with IS-KP carrying out deliberate attacks on civilians, including at places of worship and government facilities. Landmines remained a pervasive, often indiscriminate threat, while large-scale refugee returns from Pakistan and curtailed humanitarian access deepened acute food insecurity. Airstrikes by Pakistani forces inside Afghanistan damaged homes and religious buildings and caused civilian casualties. Parties to the conflicts committed serious violations against persons in their power, including arbitrary and incommunicado detention, torture, summary executions, enforced disappearances, child recruitment and sexual violence, with the Taliban’s repression of women, girls and LGBTI persons amounting to gender persecution and prompting international criminal proceedings.
Historical Background
First Afghan Civil War (1978–1992)
In 1978, a NIAC followed the communist takeover, pitting the government against mujahideen forces, with direct intervention of the Union of Soviet Socialist Republics (USSR) in 1979 in support to the government and external assistance from the United States of America (US) to the mujahideen. Withdrawal of Soviet troops in 1989 preceded the collapse of central authority and seizure of power by mujahideen in 1992.
Second and Third Afghan Civil Wars (1992–1996; 1996–2001)
In 1992, power-sharing failed among victorious factions, leading to a NIAC [hyperlink to glossary] and enabling in 1994 the Taliban’s rise and subsequent control of Kabul under the Islamic Emirate of Afghanistan in 1996. However, hostilities continued as the Northern Alliance, composed of mujahideen forces and former officials, opposed the Taliban in the north.
Afghanistan War (2001–2021)
Following the Taliban’s protection of Al-Qaeda after the terror attacks of 11 September 2001, the United States and United Kingdom (UK) intervened, toppled the regime and installed transitional institutions, replaced by the Islamic Republic in 2004. International forces, including the International Security Assistance Force (ISAF) under UN mandate, operated alongside Afghan authorities while a protracted NIAC with the Taliban continued. Additional Protocol II of 1977 became applicable in 2009 following adhesion by Afghanistan. The ISAF mission ended in 2014 as the Afghan National Defence and Security Forces (ANDSF) assumed security, but foreign troops remained at the request of the Afghan government. A peace agreement between the Taliban and the United States in 2020 set a timeline for the withdrawal of all foreign forces from Afghanistan in exchange for guarantees that the territory of Afghanistan ‘will not be used against the security of the United States and its allies’ and a commitment of the Taliban to negotiate a permanent ceasefire within intra-Afghan dialogue. However, the Taliban and the Afghan government failed to reach an agreement to end the fighting and hostilities continued to escalate. The full international withdrawal coincided with Taliban reconquest and the end of NIACs against the former government and foreign forces in late 2021.
Taliban Rule and the Emergence of Resistance Movements
Post-takeover, political space narrowed. Armed resistance by the National Resistance Front (NRF), based on elements of the Northern Alliance, and the Afghanistan Freedom Front (AFF) drew on former Afghan security personnel and local militias but did not secure territorial control.
Afghanistan as a Safe Haven for Terrorist Groups
Despite commitments by the Taliban in 2020, multiple transnational terrorist armed groups – including Al-Qaeda, Tehrik-e-Taliban Pakistan (TTP), the Eastern Turkistan Islamic Movement, also known as the Turkistan Islamic Party (ETIM/TIP), Jamaat Ansarullah (JA), Khatiba Imam al-Bukhari (KIB), the Islamic Jihad Group, and the Islamic Movement of Uzbekistan (IMU) – retained a presence in Afghanistan, in some cases supported by Taliban elements, and at times aided counter-resistance operations.
The Islamic State – Khorasan Province
Islamic State – Khorasan Province (IS-KP), believed to have been founded in 2015 as a splinter group from the TTP, conducted high-casualty attacks and fought both the former government and the Taliban. As a result, Taliban authorities stepped up their fight against IS-KP and adopted nationwide countermeasures.
Low-Intensity International Armed Conflict with Pakistan
TTP activity from Afghan border areas fuelled cross-border tensions, airstrikes, and recurring border clashes with Pakistan.
Armed Clashes with Iran and Regional Water Disputes
The scarcity of water resources in the region and the management of transboundary watercourses by Afghan authorities led to border incidents with Iran and raised concerns in Uzbekistan and Turkmenistan.
Key Developments
Overall armed violence and civilian harm remained comparatively low as the Taliban consolidated de facto control. Border frictions with Iran largely subsided, while security challenges stemmed mainly from insurgent activity and recurrent tensions with Pakistan.
The reporting period saw several major developments:
- Non-International Armed Conflict between the Taliban authorities and the National Resistance Front and Afghanistan Freedom Front
The National Resistance Front (NRF) and the Afghanistan Freedom Front (AFF) maintained guerrilla operations across several provinces but lacked the capacity and external backing to alter battlefield dynamics. Despite relative increase in combat, their attacks did not materially endanger Taliban control. A rapprochement between the NRF and the AFF occurred during the reporting period, but they still do not operate under a single unified command. In parallel, other lesser-known groups have emerged against the Taliban authorities, including the Afghanistan Liberation Movement, the People’s Sovereignty Front, the then the Freedom or Death Front (later renamed the Martyrdom or Freedom Front), the National Mobilization Front, the Afghanistan National Guard Front, the National Battle Front, and the Afghanistan United Front.
- Islamic State – Khorasan Province
The Islamic State – Khorasan Province (IS-KP) sustained a notable presence with recruitment and training anchored in Afghanistan. Taliban counter-operations since mid-2022 reduced attacks frequency yet the IS-KP retained the capacity for high-impact, well-planned operations and continued to operate despite degraded capabilities. While IS-KP directed some of their attacks against Taliban security forces, it also targeted civilians belonging to religious and ethnic minorities, in particular members of the Shia and Hazara communities, or foreigners.
- Afghanistan as a Safe Haven for Terrorist Groups
Afghan territory hosted numerous foreign armed groups tied to the region – including the Eastern Turkistan Islamic Movement, also known as the Turkistan Islamic Party (ETIM/TIP), Jamaat Ansarullah (JA), and Khatiba Imam al-Bukhari (KIB) – straining regional relations. The Taliban collaborated with certain actors on security matters and maintained close links with Al-Qaeda, while managing to constrain the latter’s activity within Afghanistan.
- Clashes with Pakistan over the Taliban authorities’ alleged support for Tehrik-e-Taliban Pakistan
The Tehrik-e-Taliban Pakistan (TTP) presence and facilitation from within Afghanistan contributed to frequent cross-border incidents and Pakistani strikes. Despite periodic escalations, the overall intensity remained limited and did not pose a serious external threat to Taliban governance, even as rhetoric hardened.
Legal Status of the Afghan Taliban
For IHL purposes, the decisive question is whether the Taliban constitute Afghanistan’s government. Highly contested policies, particularly regarding the rights of women and girls, have resulted in most States withholding de jure recognition, even though some engage informally with Taliban and, in limited cases, have arguably implied recognition through reciprocal ambassadorial appointments. Only the Russian Federation is reported to have explicitly recognized them, and Taliban are not authorized to represent Afghanistan at the UN General Assembly. However, under general international law, governmental status turns on effectiveness: authority that exercises effective control over the territory and core State functions is treated as the government irrespective of recognition. In IHL specifically, a government that is effective and controls most of the territory is the de facto government and its conduct is attributed to the State, with all consequences for determining the existence of an IAC. Accordingly, notwithstanding limited de jure recognition, the Taliban’s territorial control over the entirety of Afghanistan suffices to qualify them as the de facto government for the application of IHL.
International Armed Conflict
Afghanistan vs Pakistan
The applicable threshold for an IAC is met whenever there is a resort to armed force between States. On that basis, recurrent cross-border armed clashes between de facto Afghan security forces and Pakistani forces constitute an IAC.mIndependently, Pakistan’s use of force on Afghan territory against Tehrik-e-Taliban Pakistan (TTP) fighters or facilities, undertaken without the consent of the de facto Afghan authorities, also suffices to trigger an IAC between Afghanistan and Pakistan. Taken together, these two grounds establish the existence of an ongoing IAC. The frequent repetition of incidents and the repeated movement of troops on both sides of the border indicate a continuous situation rather than a succession of isolated, instantaneous conflicts separated by peaceful intervals. There is, moreover, no present indication of a general close of military operations. Accordingly, the IAC remains ongoing.
Non-International Armed Conflicts
Taliban vs ISKP
The available record supports the existence of a NIAC between the de facto Afghan authorities and Islamic State – Khorasan Province (IS-KP). On organization, direct information is scarce, but IS-KP’s sustained capacity to mount coordinated, high-profile operations in Afghanistan and abroad, its access to weapons, ongoing recruitment, and coordination with other Islamic State “provinces” evidence a centralized, cohesive structure capable of speaking with one voice. On intensity, while the frequency of attacks declined during the period under review, operations have persisted, caused substantial casualties among Taliban forces, and continue to pose a significant security threat. It would therefore appear premature to conclude that there has been a lasting absence of armed confrontations without real risk of resumption. Accordingly, the NIAC between the Taliban and IS-KP that pre-existed the August 2021 takeover persists, and Additional Protocol II does not apply due to IS-KP’s lack of territorial control.
Taliban vs Afghanistan Freedom Front (AFF)
This situation also qualifies as a NIAC conflict under Common Article 3. The Afghanistan Freedom Front (AFF), led by Yasin Zia and composed largely of former members of the Afghan National Defense and Security Forces, evidences a hierarchical chain of command, operational discipline, stable leadership, and articulated commitments consistent with IHL thereby satisfying the organization criterion. The group lacks territorial control and, accordingly, Additional Protocol II is not applicable. The intensity requirement is met by a pattern of repeated, armed engagements over time that resulted in casualties and damage and consistently challenged Taliban security forces, demonstrating protracted and organized violence. Statements suggesting coordination with other actors fall short of establishing common command or joint operations, and thus do not alter the party configuration for conflict classification. Considered on its own, the AFF’s organization and the sustained intensity of hostilities against Taliban forces suffice to classify the confrontation as a NIAC between the Taliban and the AFF.
Taliban vs National Freedom Front (NRF)
The confrontation meets the threshold of a NIAC under Common Article 3. The National Resistance Front (NRF) displays sufficient organization through identifiable leadership, an internal hierarchy with role allocation, the capacity to recruit and equip fighters, and coherent external communications, enabling planning and execution of sustained military operations. While the NRF does not control territory, territorial control is not required for Common Article 3, but its absence precludes the applicability of Additional Protocol II. On intensity, the NRF has conducted repeated operations over a protracted period that produced casualties and material damage, used heavy weaponry and posed a sustained threat to Taliban security forces, satisfying the requisite level of intensity of violence. Public announcements of coordination with other actors do not demonstrate a common command structure, joint targeting, or pooled logistics, so no co-belligerency is established. Assessed independently, the organization and intensity criteria are fulfilled, and the situation qualifies as a NIAC between the Taliban and the NRF.
Parties to the Conflicts
State Parties
- Afghanistan
- Pakistan
Non-State Parties
- Islamic State – Khorasan Province (IS-K)
- National Resistance Front (NRF)
- Afghanistan Freedom Front (AFF)
Other actors
Other Resistance Movements
- Afghanistan Liberation Movement
- People’s Sovereignty Front
- Freedom or Death Front, created on 4 December 2023 and later renamed the Martyrdom or Freedom Front
- National Mobilization Front
- Afghanistan National Guard Front
- National Battle Front
- Afghanistan United Front
Foreign involvement
Non-exhaustive list of transnational armed groups with a presence in Afghanistan:
- Al-Qaeda
- Al-Qaeda in South Asia (AQIS)
- Eastern Turkistan Islamic Movement, also known as the Turkistan Islamic Party (ETIM/TIP)
- Islamic Movement of Uzbekistan (IMU)
- Jamaat Ansarullah (JA), also known as Tehrik-e-Taliban Tajikistan or Tajik Taliban
- Khatiba Imam al-Bukhari (KIB)
- Tehrik-e-Taliban Pakistan (TTP)
ATTACKS ON CIVILIANS
Afghan civilians continued to suffer casualties from improvised explosive devices (IEDs), suicide bombings, cross-border fire, and airstrikes. Civilian have been deliberately attacked, including at places of worship and government facilities, evidencing an intent to terrorize, and amounting to war crimes. Landmines remain a pervasive hazard. Humanitarian access was curtailed by renewed restrictions and attacks on aid workers, while mass returns from Pakistan intensified acute food insecurity nationwide.
Attacks Directed against Civilians
Civilians in Afghanistan were repeatedly harmed by improvised explosive devices, suicide bombings, cross-border mortar fire and airstrikes including drone strikes, as well as small-arms fire. Casualty totals fluctuated but recurred, typically ranging from several dozen to nearly one hundred every three months. Responsibility was often unclear, with many incidents unclaimed or not attributable to a specific belligerent among the parties to the four ongoing armed conflicts. Notably, Islamic State-Khorasan Province (IS-KP) carried out deliberate attacks against civilians in Afghanistan through shootings and suicide bombings, including at places of worship and government facilities. These direct attacks on civilians constitute serious violations of IHL and war crimes. The pattern and methods indicate an intention to spread terror among the civilian population and may meet the threshold for the customary war crime of terrorizing civilians.
Potentially Indiscriminate Attacks
Across Afghanistan, State and non-State actors conducted operations raising concerns under the principle of distinction. Some Afghan police units, including elements of the General Directorate of Intelligence, appear to take part in hostilities and therefore do not benefit from the presumption of protection as civilians. IS-KP conducted attacks against Taliban security forces using IEDs that typically failed to distinguish between combatants and civilians or caused excessive incidental civilian harm. Along the Afghanistan-Pakistan border, exchange of fire between Pakistani and Taliban forces produced civilian casualties and posed a heightened risk of indiscriminate attacks. Pakistani airstrikes inside Afghanistan, reportedly aimed at Pakistani Taliban (TTP) positions, caused significant civilian harm, calling into question compliance with proportionality.
ATTACKS ON CIVILIAN INFRASTRUCTURE
Civilian objects, notably homes and religious building, have been affected by airstrikes by Pakistani forces in Afghanistan.
Attacks on Homes and Religious Buildings
Armed opposition groups, due to limited availability of weaponry, primarily inflicted harm on civilians rather than damaging structures. By contrast, airstrikes attributed to Pakistan’s armed forces in Afghanistan damaged civilian objects and raised concerns under IHL, with reports of impacts on a mosque and on homes causing civilian deaths, including children. Pakistan denied responsibility for a reported mosque strike, yet accounts indicate that only Pakistani manned aircraft and drones were observed overflying Afghanistan during the period.
VIOLATIONS AGAINST PERSONS IN THE HANDS OF THE ENEMY
Serious violations against persons in the hands of the enemy persisted across Afghanistan. Authorities and armed groups engaged in arbitrary and incommunicado detention, hostage-taking, enforced disappearance, torture and summary executions, including of former security personnel and alleged opposition supporters. Children were recruited and used, killed and maimed, sexually assaulted and abducted, with reports of indoctrination and suicide training. Discriminatory measures against women, girls and LGBTI persons intensified, entailing gender persecution.
Murder of Civilians and Persons Hors de Combat
Since 2021, Taliban authorities have arbitrarily detained, tortured and killed persons suspected of supporting armed opposition, including during the period under review. Patterns include retaliatory sweeps after operations claimed by the National Resistance Front (NRF), with detentions of residents and targeting based on perceived affiliation linked to origin or religion. NRF members were tortured for days and summarily executed, and families were prevented from recovering the bodies. These acts constitute the war crimes of murder and torture, and breach IHL duties to facilitate the return of remains to next of kin and to ensure the respectful disposal of the dead.