Dutch Cases on Torture Committed in Afghanistan: The Relevance of the Distinction between Internal and International Armed Conflict

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.