Practice Relating to Rule 159. Amnesty
Section A. Amnesty for participation in non-international armed conflicts
Afghanistan’s National Amnesty Law (2008) states:
As [on the one hand,] the Jehad, the resistance and the just fighting of the people to defend … the religion and the country are … … [the object of our] pride, and on the other hand, [it is necessary to implement] the National Compromise Policy, [to] end … the war and bloodshed, to consolidate national unity and [to create] trust [within the entire] nation, … the following articles are approved:
This law is enacted in order to consolidate the [national] compromise and stability, [thus] ensuring [the] high[est] public interests of the country, [the end] of enmities and [the] creation of confidence [between] all warring sides based on their safety and [provided that they obey the] constitution and enforced laws of the country.
For the promotion of … peace and stability and [the end] of the war, the National Assembly invites all … armed groups of the opposition [against the] Islamic Republic of Afghanistan to join in the process of consolidation of the [national] stability and compromise of Afghanistan and [to] take part in the strengthening of the system and reconstruction of the country.
[In order to promote the] compromise among different [elements] of society, the consolidation of peace and stability and [the beginning of a new stage] in the political contemporary era of Afghanistan, all political and enemy sides which [were] … involved in hostilities with one another before the creation of the interim administration are covered by the programme of National Compromise and Amnesty, … [benefit] from all their legal rights and are not prosecuted.
(2) The persons and groups who are still [part of] the armed opposition [against the] Islamic Republic of Afghanistan and [who], after [the enactment of this law], withdraw from opposition, … join … the National Compromise and respect the constitution and other enforced laws of [the] Islamic Republic of Afghanistan … [shall benefit] from the provisions of this resolution.
(3) The provisions included [in] items (1) and (2) of this article [are without prejudice to] the penal and individual rights of one person against another for individual crimes.
[The] persons who are being prosecuted for [the commission of] crimes against [the] internal and external security of the country cannot benefit from the provisions of this law.
[The] persons [who have been convicted] by courts of having committed crimes against [the] internal and external security of the country, based on the proposal of the Peace Consolidation Commission and [provided that] these persons do not to [resume] the activities against [the] Islamic Republic of Afghanistan [and if this is] guarantee[d] … , [depending on] … their status, their conviction [may be] mitigated or [they may be] absolved by separate decrees.