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The US heads a coalition of nations whose forces are in Afghanistan at the invitation of the Afghan Government to help rebuild and develop the country (see, for example, UN Security Council Resolutions 1386, 1413, 1444, 1510, 1563, 1623, 1659 and 1707). US troops are engaged in two missions: a UN-authorised, NATO-led mission, the International Security Assistance Force (ISAF), and a US-led coalition, Operation Enduring Freedom. Formerly an international (inter-state) armed conflict, since the election of an Afghan Government the conflict has been of a non-international character, pitting the government and the international forces against non-state armed groups, particularly the Taliban. This non-international armed conflict is regulated by common Article 3 to the 1949 Geneva Conventions, as well as other provisions of customary international law. (1) UN Security Council Resolution 1746 (2007) called for "full respect for human rights and international humanitarian law throughout Afghanistan" and called upon "all parties to uphold international humanitarian and human rights law and to ensure the protection of civilian life." (§§ 18, 25) Formerly part of an occupying force, since 1 June 2004 when the formal transfer of authority for the country was made to the newly elected government of Iraq, the US has been part of an international peacekeeping force that is present in Iraq with the consent of the government of Iraq. Previously an international (inter-state) armed conflict, since the handover of authority from the Coalition Provisional Authority, the conflict has been of a non-international character, pitting the government and the members of the Multinational Force (MNF) against a variety of non-state armed groups. This non-international armed conflict is regulated by common Article 3 to the 1949 Geneva Conventions, as well as other provisions of customary international law. (1) A preambular paragraph to UN Security Council Resolution 1546 (2004) noted "the commitment of all forces promoting the maintenance of security and stability in Iraq to act in accordance with international law, including obligations under international humanitarian law, and to cooperate with relevant international organizations." In addition, a letter from the US Secretary of State annexed to Resolution 1546 (2004) declared that "the forces that make up the MNF are and will remain committed at all times to act consistently with their obligations under the law of armed conflict, including the Geneva Conventions." Common Article 3 provides as follows: 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, 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 judgment 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. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict. (1) See, for example, the International Committee of the Red Cross study of the rules of customary international humanitarian law.
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