Barriers To The Enforcement Of International Humanitarian Law In Afghanistan: Political, Institutional, And Legal Challenges

Abstract

This study examines the political, institutional, and legal challenges connected with the implementation of the enforcement of the International Humanitarian Law (IHL) in Afghanistan, a country that has been in constant war and conflict for the past forty years. Although Afghanistan has ratified key conventions, widespread civilian harm, arbitrary detentions, and inadequate humanitarian aid reveal a sharp gap between legal commitments and realities on the ground. This research is based on Qualitative, Desk-based Research Methods and used secondary sources, such as United Nations Assistance Mission in Afganistan (UNAMA), International Committee of the Red Cross (ICRC), ICRC documents, Afghan legal texts, Afghan legal literature. The study indicates three interrupted obstacles: political, institutional and legal. The implementation of the International Humanitarian Law (IHL) in Afghanistan faces various obstacles, the most prominent of which are political Challenges. The continued discussion on sovereignty and non-permanent accountability has restricted the performance of companies, especially the International Criminal Court (ICC). Similarly, the deterioration of Institutional Weaknesses, especially Afghanistan's judicial system, promoted a constant culture of impunity. This research contributes to the field of Peace and Conflict Studies by integrating political, institutional, legal perspectives into a comprehensive framework of enforcement challenges. It concludes that in the Afghan context, IHL operates more as an aspirational framework than an enforceable regime. The study recommends strengthening domestic institutions, expanding international accountability mechanisms and updating legal frameworks. for modern warfare, and integrating gender-sensitive approaches to civilian protection.