The human rights abuses committed by the Taliban during the capture of Mazar-i Sharif shock the conscience and violate the most elementary principles of international humanitarian law. The Taliban abuses are both too numerous and too self-evident to require an exhaustive list of all relevant international legal standards violated during the offensive. Most pertinently, however, the Taliban's actions violate the provisions of Common Article 3 of the Geneva Conventions of 1949, which lays out the minimum humanitarian rules applicable to every internal armed conflict:
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:
(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, or mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular humiliating
and degrading treatment;
(d) the passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
(2) The wounded and sick shall be collected and cared for.
Since Common Article 3 of the Geneva Conventions is binding on "each Party to the conflict"that is, it is binding on both governmental and nongovernmental forcesthe Taliban currently stands in flagrant violation of international humanitarian law.
The minimum protections established by Common Article 3 are developed and supplemented by Protocol II to the Geneva Conventions of 1949, which applies to internal armed conflicts "which take place in the territory of a High Contracting Party between its armed forces and dissident armed forces or other organized armed groups which, under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained and concerted military operations and to implement this Protocol." (Article 1, 1). Protocol II reiterates the fundamental guarantees laid out in Common Article 3 and adds a range of additional requirements for armed groups to whom the protocol applies. In circumstances in which Protocol II does not directly apply, as in the case of Afghanistan which has not ratified this protocol, it provides authoritative guidance on the implementation of Common Article 3. Of particular relevance here are the provisions of Article 4 of Protocol II which lay out the minimum guarantees for all those persons who are not taking a direct part in the hostilities. Article 4 prohibits "at any time and in place whatsoever" at least the following acts:
(a) violence to the life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment;
(b) collective punishments;
(c) taking of hostages;
(d) acts of terrorism;
(e) outrages upon personal dignity, in particular
humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault;
(f) slavery and the slave trade in all their forms;
(h) threats to commit any of the foregoing acts.