Abstract:
International laws for wars prohibit the states from violations. In the war zone, the purpose of the
International Humanitarian Law is to provide justice to the victim and, most importantly, to protect
the civilians or those who are not taking a direct part in the hostility. The purpose of this research
is to investigate the US’ war acts in Afghanistan by using International Humani tarian Laws,
specifically, the principles of Proportionality, Distinction, Unnecessary Suffering, and Militar y
Advantage. This research aims to provide a critical analysis regarding the humanitarian laws and
their implementation by the United States in Afghanistan during war on terror. The research was
conducted by implementing qualitative exploratory research, for which data was gathered by
conducting interviews of thirteen experts of law background. The interviewvees included law
experts and researchers, think tanks, senior law analysts, military personnels, and univers it y
professors. The main finding was that principle of proportionality and discrimination must be
modified to provide status to the war actors instead of labelling them as terrorists, the conflict of
Afghanistan must be classified in both International and non-international armed conflicts, actors
in the war must be considered under the International armed conflict before June 2002.
Furthermore, ICC needs to pressurize the US for the prosecution of war acts in Afghanistan to
mitigate the greivances of people of Afghanistan.
