More Afghan Civilians Killed By US, NATO Forces Than Insurgents During Operation Moshtara

Afghanistan Independent Human Rights Commission

Press Release:
63 Civilians Killed in Afghanistan in the Last Two Weeks
Kabul, 23 February 2010

In the last two weeks 63 civilians have been killed and tens of other civilians injured as a
result of military operations in Afghanistan. The high death toll from Pro-Government
Forces (PGF) operations in Marjah, Helmand, a PGF airstrike targeting what appear to be
civilian vehicles in Daikondi, and a suicide attacks and mine placement by Anti-
Government Forces (AGF) suggest neither side to the conflict is taking sufficient
precautions to prevent civilian deaths, as required under international law.

The PGF Operation ‘Mushtarak’ in Marjah, Helmand province has been touted as a new
type of operation, with greater planning and cooperation with Afghan National Security
Forces and greater care toward preventing civilian harm. While such efforts are welcome,
AIHRC is concerned at the loss of life and civilian harm already caused by this operation.
AIHRC found that in the first 12 days of Operation Mushtarak 28 civilians, including 13
children, were killed and approximately 70 civilians, including 30 children, were injured.

Witnesses suggested the majority of the casualties were caused by PGF artillery and
rocket-fire. However, AIHRC has also received numerous reports of Anti-Government
Elements planting landmines in homes and residential areas, which pose a grave threat to
civilians in the area. These mines can continue to harm civilian persons or property for
months or even years later.

Pro-Government Forces must exert greater care to distinguish between civilians and
combatants in their offensive in Marjah. The AIHRC also calls on Anti-Government
Elements to observe their responsibilities to civilians by not using civilians as human
shields, and not planting mines or other explosive devices in residential areas.

AIHRC is also concerned about the level of displacement caused by this operation.
Approximately 3461 families have been displaced as a result of Operation Mushtarak.
Crowded into Lashkargah city or other surrounding areas with little access to
humanitarian support, these IDPs face serious shelter and food problems. The
Commission calls on government authorities and their international partners to address
these critical humanitarian needs immediately.

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The recent surge in violence has not been limited to Marjah. On 21 February 2010,
international military forces ordered an air strike on three civilian vehicles in Chobzar
region of Kejran district of Daikondi province. Twenty-one Afghan civilians were killed
and 16 other civilians were injured including children and women. There is so far little
evidence justifying such an attack on what appears to have been a clearly civilian target.
This strike appears to violate ISAF’s own tactical restrictions on airstrikes, and raises
questions of distinction and proportionality under international law. The AIHRC calls
upon international forces to publish the results of their investigation regarding this
incident as soon as possible. In addition, they should provide appropriate compensation
for the casualties and losses sustained by the civilians. Those responsible for executing
this attack, and for providing the misinformation that led to it, should be appropriately
investigated and disciplined.

On 22 February 2010 as a result of a suicide attack 14 Afghan civilians were killed and
10 others were injured in the Sorkh Road area of Jalalabad city. No parties to the conflict
have claimed responsibility for the incident so far; however, the tactics used fit a pattern
of those used by AGF. The AIHRC has consistently called on AGF to refrain from using
such indiscriminate tactics.

Nader Naderi Commissioner and spokesman of the AIHRC said today "Unfortunately
during more than eight years of conflict Afghan civilians have paid the highest price." he
added, "The attack on civilian vehicles in Daikundi once again shows that the measures
taken to minimize civilian casualties and safeguard civilians' lives are still not enough.
Civilians are sustaining harm from both parties to the conflict."

The AIHRC calls on the parties to the conflict to respect the laws of war. Warring parties
must not use tactics that unduly endanger civilian lives and property.


For further information please contact:
Phones: +93 20 2500676
Fax: +93 20 2500677
Email: aihrc@aihrc.org.af
Website: www.aihrc.org.af