A 47-YEAR ARC OF CONFLICT AND ABUSE: AFGHANISTAN’S UNFINISHED RECKONING
The UN’s new investigative mechanism must address now and yesterday
By Hassina JALAL, ZAREEN and Omar SAMAD
The recent decision by the Geneva-based UN Human Rights Council to establish an independent investigative mechanism for Afghanistan marks a pivotal moment for the overall cause of human rights. However, the decision to focus only on the last four years is one that is mistaken and can further escalate polarization and erode trust in the international systems of protection of human rights. We must transcend the confines of selective memory and political convenience and consider the crimes committed against Afghan people during the multiple occupations, civil war, insurgency and counter insurgency within the context of the narrative of counter terrorism. Only then trust could be renewed towards the international mechanisms.
Attention is focused on today’s infractions, however, Afghanistan’s tragic history is not defined solely by the abuses of one faction, one regime, one occupier, one meddler or one era; it is a tapestry woven with decades of atrocities committed by domestic actors, foreign powers, and proxy forces alike. The communist coup of 1978, followed by the Soviet invasion, was the main catalyst that led to a chained cascade of infringements, leading to a devastating decade-long “holy war” assisted by a costly multinational covert operation, followed by factional warfare, regional meddling, Taliban rule, America and NATO’s longest military intervention, and the return of the Taliban after a long and vicious insurgency and counter insurgency.
Each phase has left deep scars on the Afghan people - obviously, some more than others. To help today’s victims, honor yesterday’s and break the cycle of impunity, fact-seeking Afghans and the international stakeholders must confront the full spectrum of violations—systematically, impartially, and comprehensively. Anything less risks perpetuating injustice under the guise of accountability. An enduring peace will become illusive unless we look at the interlinked sequence of events before us.
A Painful Chronology
To better understand this long and painful chronology, Afghans and foreign pundits need to acknowledge that each phase is marked by distinct actors, ideologies, and patterns of abuse. The initial rupture took place following the 1973 coup, when influential leftists within the post constitutional monarchy regime targeted both key Western educated and Islamist political rivals. The Maiwandwal (ex Prime Minister wrongly accused of fomenting unrest) team executions are seen by many as the precursor to turmoil on the horizon. The key turning point, however, remains the first fall of the republic in 1978, which resulted in the massacre of the then President Daoud’s immediate family:
-> April 1978 Coup & Communist rule
The ‘78 military coup instigated by the pro-Moscow communist People's Democratic Party (PDPA) led to widespread purges, arbitrary arrests, and executions targeting political opponents, religious leaders, tribal elders, dissidents and ordinary people.
The regime’s brutal repression and unpopular policies laid the groundwork for armed resistance, instigating a Soviet military intervention to defend the regime against a growing rebellion that became a full-fledged “jihad” (holy war) by 1980.
-> Soviet occupation (1979–1989)
The invasion triggered a decade-long war, displacing more than six million people (2 million internally) from all provinces, and resulting in the deaths of more than 1.2 million Afghans on all sides.
Soviet and Afghan government forces (under Nur M. Taraki, Hafizullah Amin, Babrak Karmal, and Najibullah)) were accused of indiscriminate bombings, torture, and massacres. The opposition Mujahedeen factions were also accused of extra judicial killings and internecine atrocities.
Human Rights Watch and other organizations documented scorched-earth tactics and the use of landmines that still maim civilians to this day.
Insurgent factions (known as Mujahedeen mostly based in Pakistan and Iran), receiving covert aid from Western nations, Gulf and other countries, were at times also accused of HR violations against rivals, regime forces and civilians in various provinces.
-> Leftover regime era (1989–1992)
While unsuccessfully attempting to reconcile after 1989, Najibullah’s government continued counterinsurgency operations with reports of torture, disappearances, and political repression.
The regime’s intelligence agency (AGSA, KHAD and WAD), was notorious for its brutal and repressive methods. Some members are still living in Western and East bloc countries. (Amnesty/EUAA, Legal-tools estimates: between 1978 and 1992 intel agencies had arrested more than 150,000 many of whom were tortured or executed. It is estimated that around 27,000 were executed in Pul-i Charkhi prison alone).
-> Mujahedeen & factional Civil War (1992–1996)
After the fall of the pro-Soviet regime, rival factions plunged Kabul into chaos.
Shelling of civilian areas and factional brutality based on factional rivalries became widespread (e.g. the Afshar case in 1993 involved half a dozen factions in an area inhabited by Hazara and Qizilbash minorities.)
The war, supported by regional rivals, was mainly centered around Kabul, devastating infrastructure and deepening ethnic and sectarian divides. (US State Dept, Wikipedia estimates: more than 25,000 civilians were killed in Kabul between 1992-96).
-> First Taliban rule (1996–2001)
The Taliban emerged from conservative seminaries and refugee camps around 1994, eliminating factional warlords and imposing a harsh interpretation of Islamic law. Summary and public executions (as in the case of ex-president Najubullah and his brother), floggings, and amputations were sanctioned. Pakistan and a few more countries supported their efforts and recognized the regime during this period.
Women were banned from education and employment; minorities faced systemic persecution and massacres (e.g., Hazaras in Mazar-i-Sharif, 1998), which resulted in revenge attacks.
Consequently, there were atrocities committed by anti-Taliban armed groups (like the Dasht-i Laili massacre of Taliban forces in 2001 by Uzbek militias) that have not been fully investigated.
In some cases, commanders and militant chiefs were involved in cultural lootings and desecrations, as in the blowing up of the historic Bamyan Buddhas in 2001.
-> 20-years long US/NATO intervention (2001–2021)
Post 9/11, the Western intervention ousted the Taliban, helped under UN auspices establish a new government, but ushered in a prolonged insurgency by 2004.
Civilian and armed fighter casualties from airstrikes, night raids, and drone warfare mounted.
Afghan security forces and international troops were implicated in torture, extrajudicial killings, aerial bombardment and abuse of civiiians, Taliban or individuals accused of affiliation with the insurgency/terror groups. In some cases, innocent villagers were destined, harassed, tortured or killed with no due process.
Insurgent/terror groups, including the Taliban and ISIS-K, took responsibility for mass atrocities, suicide bombings, and targeted assassinations. Some terror attacks were believed to be politically motivated false flag operations to deceive the public.
-> Taliban’s return & renewed restrictions (2021–Present)
Since retaking power, the Taliban have enforced gender-based education and work restrictions.
Reports from the UN and rights groups document arbitrary detentions, torture, and random public executions.
Despite a general amnesty, ethnic minorities, journalists, and former officials face random persecution or personal revenge attacks.
To move beyond symbolic gestures and toward meaningful justice for Afghanistan, the accountability process must be both comprehensive in scope and strategic in execution. The purpose should not be to single out or focus on just one actor at the expense of others.
Key Challenges
1. Restricted access and Taliban non-cooperation
Claiming sovereign rights, in the current context, the ruling de facto authorities have consistently denied access to international investigators and human rights monitoring.
Civic space inside the country is shrinking, making direct evidence collection inside Afghanistan difficult.
2. Fragmented historical record and evidence loss
Decades of conflict have left behind scattered, undocumented, or destroyed evidence.
Many survivors and witnesses are in exile, and institutional memory inside and outside the country has been eroded.
The ICC and ICJ have selectively handled a few cases, including the Taliban upper leadership. Some perpetrators of past grave violations are still alive and given refuge in refugee-accepting countries.
3. Political pushback and selective narratives
Some UN member states, like China, have already criticized the mechanism for being one-sided. Some institutions are accused of political bias.
There’s a risk that geopolitical interests may dilute the scope or stall the implementation of the mechanism.
Practical Solutions
1. Leverage diaspora networks and digital testimony
Engage accountable, impartial and competent third-party monitors and investigators to collect credible survivor accounts, documents, and digital media.
Assuring data security and digital archives confidentiality, use encrypted platforms and remote interviews to preserve testimonies safely and securely.
Partner with expert legal and competent institutions already working on documentation to consolidate archives and avoid duplication.
2. Expanding legal pathways
Advocate for the codification of gender discrimination, and solicit legal advice - based on precedence and international norms - on proposed codes pertaining to the applicability of gender apartheid within existing legal parameters.
Widen jurisdiction to enable willing national courts to prosecute when domestic avenues remain blocked.
Effective and Just Accountability Process
This mechanism has the potential to be transformative, but only if it’s bold, inclusive, and unrelenting in its pursuit of truth. Here’s a set of actionable recommendations:
1. Ensure full temporal scope: 1978 (or 1973)–Present
Mandate inclusivity: The mechanism must investigate violations across all phases of conflict, violations and violent political persecution.
Avoid selective justice: Aiming to preserve legitimacy, crimes committed by all actors must be scrutinized equally to avoid politicization and discrimination.
2. The last four years: Taliban/Emirate rule (2021–present)
Document gender persecution: The Taliban leaders’ current policies amount to institutionalized gender discrimination (apartheid per some). The mechanism must prioritize violations against women and girls, including bans on education, employment, and movement.
Go beyond gender: Religious minorities have lost the right to use their Fiqh and jurisprudence; Ja’fari jurisprudence has been removed from curriculum, affecting both men and women.
Track systemic repression: Collect evidence of arbitrary detentions, torture, enforced disappearances, and public executions, flogging targeting journalists, activists, minorities, and former officials. Cases of personal / clan retribution need to be identified as a separate category.
Preserve digital evidence: Given the ruling regime’s control over civic space, diaspora networks and encrypted communications must be leveraged to gather testimonies and media documentation in a verifiable and professional manner.
3. Build case files for future action
Prepare for universal jurisdiction: Compile detailed case files that can be used in national courts abroad, as non-politicized justice avenues are currently unavailable, except in the Shar’ia interpreted cases inside the country, concerning marriage, divorce, inheritance and other enshrined rights.
Follow other country models: Emulate and draw lessons from the South Africa, Syria, Balkans and Myanmar investigative mechanisms, where applicable, by consolidating evidence, identifying perpetrators, and preserving witness accounts for future trials.
Prioritize prosecutions of those that are within reach. Many of the perpetrators of crimes against humanity actually reside outside the country, hidden in plain sight.
4. Engage Afghan civil society in-country and in diaspora
Empower survivors: Include Afghan human rights defenders, women’s groups, and ethnic minority representatives in the professional evidence-gathering process. Avoid politicization, intimidation or disinformation.
Protect witnesses: Establish secure channels for testimony and ensure anonymity and safety for those participating from inside Afghanistan or in exile.
5. Coordinate with existing UN mandates
Integrate with the UN Special Rapporteur’s work: Ensure synergy between the new mechanism and ongoing monitoring efforts to avoid duplication and strengthen reporting.
Push for Security Council support: While politically challenging, a UN Security Council mandate could bolster enforcement and signal global resolve.
6. Lay groundwork for reparations and truth-telling
Create a victim-centered archive: Preserve stories, testimonies, and cultural memory of abuses to support future truth commissions and reparative justice.
Plan long-term for transitional justice: When political conditions allow, this archive can inform national reconciliation efforts and institutional reform.
Prosecution must go hand in hand with change at the ground level. Foreign aid conditionality and linkages to good governance practices and peace building are recommended.
Reparations to victims, their heirs and families need to be taken into consideration in the form of property restitution, financial compensation and other culturally acceptable tools.
A Start that Should Listen to all Sides
Justice for Afghanistan must be universal, survivor-led, and future-oriented. The last four years have seen a dramatic erosion of rights, but they are part of a longer continuum of impunity. The new UN mechanism must not only document the past, it must prepare the ground for a future where accountability is possible.
Afghanistan’s long and painful history of conflict demands more than fragmented memory and selective outrage. The UN’s new investigative mechanism must rise to the occasion—not only by documenting past atrocities, but by confronting the present-day violations with equal urgency. The overall Afghan expectation is that it has to do it judiciously, impartially, independently and professionally. Although Afghans express satisfaction that the war has ended, fear and uncertainty have not yet fully dissipated. Legitimacy and recognition are fleeting. Partly because the last four years have seen a selective dismantling of human rights under a de facto rule that had initially pledged adherence to fundamental rights and inclusivity, especially for women, minorities, and dissenting voices.
The abuses are not factually documented, not corroborated at times. What is clear though is that they are part of a continuum that stretches back nearly five decades. Consequently, justice must be comprehensive, survivor-centered, and unafraid - regardless of political expediency - to name perpetrators. Not only international law, but Islam also demands it. The Afghan people deserve truth, accountability, and the dignity of a reckoning that sees them not as pawns of history, but as its rightful authors.
Hasina JALAL is a PhD candidate in Public and International Affairs at the University of Pittsburgh, with a research focus on comparative politics and security studies. Her career spans both government and civil society, where she championed women’s empowerment and promoted principles of good governance. Her academic and advocacy work explores democratic resilience, security sector reform, gender equity, and sustainable peacebuilding in post-conflict environments.
ZAREEN (pseudonym) is a writer and researcher based in Kabul, with over 25 years of experience advancing gender equity through professional capacity building, grassroots advocacy, and community reconciliation initiatives. Her work bridges policy and practice, empowering local voices and fostering inclusive dialogue in some of Afghanistan’s most challenging environments.
Omar SAMAD is a former Afghan Ambassador to France and Canada, Government spokesperson and Senior Advisor. He is a facilitator for dialogue processes and CEO of Silkroad Consulting with think tank experiences (Atlantic Council, USIP and New America).
Sources:
Encyclopedia Britannica - Afghanistan modern wars data.
Wikipedia - Soviet-Afghan war information.
CSIS - Afghanistan historic archive
Human Rights Watch – UN Rights Council Creates Afghanistan Accountability Body
OHCHR – Official UN Press Release on the Investigative Mechanism
UN Digital Library – Situation of Human Rights in Afghanistan (A/HRC/57/22)
U.S. Department of State – Afghanistan 2021 Human Rights Report: This comprehensive document outlines abuses under both the Islamic Republic and the Taliban. It includes details on extrajudicial killings, torture, and suppression of civil liberties.
Human Rights Watch – World Report 2021: Afghanistan: Provides a retrospective on decades of conflict, including the legacy of Soviet-backed communist rule, civil war, Taliban governance, and post-2001 developments. It highlights patterns of violence, impunity, and systemic abuses across regimes.
International Commission of Jurists – Statement on UN Mechanism Advocates for legal accountability and outlines steps for international justice
Impunity and Building Justice in Afghanistan by Rama Mani: Published by the Afghanistan Research and Evaluation Unit (AREU) in 2003, It explores the roots and consequences of impunity across successive regimes—from the communist era to the post-Taliban period—and proposes a comprehensive framework for justice and reconciliation.
OMCT – Civil Society Response to UN Decision Highlights grassroots efforts and civil society’s role in pushing for accountability.
Book: Afghanistan: A Cultural and Political History by Thomas Barfield A scholarly resource tracing Afghanistan’s political evolution since the late 1970s, with insights into human rights dynamics.
Food for thought (sources for quotes used widely in HR circles are unknown):
True justice can’t cherry-pick which years of suffering matter. It needs to acknowledge the full weight of what people have endured, decade after decade, to honor everyone whose lives have been shaped by this ongoing tragedy. Thank you for sharing this deeply important article.