Murphy's Law - the Canadian Treatment of Detainees in Afghanistan: Are Human Rights Law and International Humanitarian Law Obligations Circumvented‪?‬

The manner in which persons captured are detained by NATO armed forces and in particular Canadian armed forces in Afghanistan presents a conundrum for military field commanders in determining how such persons are to be handled after capture and detention. This article will consider the nature of the conflict in Afghanistan, and attempt then to examine the various rights to which captured and detained persons are entitled. It will start from the premise that Afghanistan is either a failed (1) or failing state and will then move to consider the nature of the conflict. It will then review the manner in which members of the Canadian armed forces are dealing with detainees and the issues arising out of the same. It will then examine the manner in which NATO member countries should handle detainees, and as against this background will consider the overlap between International Humanitarian Law (IHL) and Human Rights Law (HRL). I AFGHANISTAN--A FAILED STATE