Pakistan's Airstrikes In Afghanistan Are Awash In War Crimes, But Is Taliban Equipped To Prove Them In ICJ?
· Free Press Journal
The border regions between Pakistan and Afghanistan have become the site of a rapidly intensifying military conflict that remains largely obscured by other global headlines. While international attention is diverted, a deadly cycle of airstrikes and ground skirmishes has emerged along the Durand Line.
Understanding the current military situation
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On March 16, 2026, the Pakistan Air Force conducted a series of "intelligence-driven" airstrikes in Kabul and Nangarhar provinces as part of its ongoing Operation Ghazab lil-Haq. According to Pakistani security sources and Information Minister Attaullah Tarar, the strikes targeted military installations, ammunition storage, and drone assembly workshops used by the Tehreek-i-Taliban Pakistan (TTP). Islamabad increasingly refers to this group as "Fitna al-Khawarij" to highlight their view of the group as a religious and security threat.
Pakistan maintains that these operations are a direct response to unprovoked firing from the Afghan side and are necessary to dismantle terrorist sanctuaries that have allegedly flourished since the Taliban returned to power in 2021. However, the Taliban administration in Kabul presents a vastly different account, alleging that Pakistani jets are deliberately hitting civilian infrastructure and medical facilities under the guise of counter-terrorism.
Human cost of cross-border strikes
The most significant point of contention involves the Omid Addiction Treatment Hospital in Kabul, a 2,000-bed facility dedicated to rehabilitating drug users. Hamdullah Fitrat, deputy spokesman for the Islamic Emirate of Afghanistan, reported that a Pakistani airstrike hit the hospital on a Saturday night, resulting in 400 deaths and 250 injuries. Pakistan’s Ministry of Information has categorically rejected these claims as false and misleading, asserting that their targeting was precise and aimed solely at military equipment storage located nearby.
Despite these denials, monitoring bodies like UNAMA and other sources have documented a recurring pattern of civilian harm across multiple provinces. In February 2026 alone, strikes in Nangarhar and Paktika were reported to have killed at least 13 civilians. Historical data suggests this is not an isolated incident, as similar waves of strikes resulting in the deaths of women and children were recorded throughout 2024 and 2025. These figures indicate that Afghan civilians are repeatedly bearing the brunt of the security confrontations between the two nations.
War crime allegations
Under the Rome Statute and the Geneva Conventions, war crimes are serious violations of international humanitarian law committed during armed conflict. Because Pakistan is using military force across an international border, the situation can be legally classified as an international armed conflict. This classification is critical because it triggers specific binding protections for non-combatants that must be followed regardless of the political legitimacy of the parties involved.
To determine if a war crime has occurred, three core principles are usually evaluated: distinction, proportionality and precaution. The principle of distinction requires that combatants always differentiate between military targets and civilians, meaning that targeting a hospital or residential village is a direct violation. Proportionality prohibits attacks where the incidental loss of civilian life is clearly excessive compared to the military advantage gained. Finally, the principle of precaution mandates that forces take all feasible measures to verify targets and minimise collateral damage before launching a strike.
Jurisdiction of the International Criminal Court
Afghanistan has been a state party to the International Criminal Court (ICC) since May 1, 2003. This means the ICC has the legal authority to investigate any war crimes committed on Afghan territory, regardless of the nationality of the perpetrator. While the ICC Prosecutor’s Office has been investigating the situation in Afghanistan for several years, moving from legal suspicion to a formal prosecution requires significant evidence, including weapon remnants, witness testimony and hospital records.
Now that is not going to be easy despite the visible mayhem.
There are substantial practical hurdles to achieving accountability in this context. The Taliban administration does not formally recognise the ICC's authority and has previously rejected its warrants for senior leaders.
Furthermore, the Taliban dissolved the Independent Human Rights Commission in 2022, leaving no independent domestic body to investigate these strikes. This lack of cooperation from both sides creates a climate of impunity where the victims' narratives are often overshadowed by state-sponsored security claims.