Dutch Cases on Torture Committed in Afghanistan

On 14 October 2005,The Hague District Court sentenced two Afghan asylum seekers for their role in torture in Afghanistan in the 1980s.The Court determined that the conflict in Afghanistan between 1978 and 1992 had been non-international in character.In a previous issue of this Journal, Mettraux questioned the need to distinguish between internal and international armed conflict.This comment argues that the preoccupation of the court with the nature of the conflict was understandable and necessary.In a previous issue of this Journal, Gue nae l Mettraux commented on two judgments of The Hague District Court of 14 October 2005, sentencing two Afghan asylum seekers for their role in torture committed in Afghanistan in the 1980s.Some of Mettraux's arguments are not convincing and may give rise to a misunderstanding of the court's reasoning.Mettraux argues that the court's characterization of the armed conflict in Afghanistan between 1978 and 1992 as internal was unnecessary, since Common Article 3 of the Geneva Conventions of 1949 applies to all armed conflicts.This is true as far as the substantive norms, in particular the prohibition of torture, contained in Common Article 3 are concerned; they apply in all armed conflicts.This was the point made by the International Court of Justice in the Nicaragua case. 1 But the distinction between internal and international conflicts remains relevant in answering several

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