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Journal of International Criminal Justice Advance Access originally published online on November 2, 2006
Journal of International Criminal Justice 2006 4(4):878-880; doi:10.1093/jicj/mql057
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Dutch Cases on Torture Committed in Afghanistan

The Relevance of the Distinction between Internal and International Armed Conflict

Liesbeth Zegveld*

* Attorney at law specializing in International Law and International Criminal Law, Amsterdam Netherlands; professor in International Humanitarian Law at Leiden University. The author acted as defence lawyer in one of the two cases. [ LZegveld{at}bfkw.nl]

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.


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