Practice Relating to Rule 151. Individual Responsibility
Afghanistan’s Law against Terrorist Offences (2008) states:
Article 17. Attempt to Commit or Participate in an Offence.
(1) A person who attempts to commit [an] offence [referred to] in Articles 9 to 16 of this law [including offences against persons protected under international treaties as provided for in article 13 of the same law], or is an accomplice in committing [such an] offence, with consideration of circumstances, he/she shall be sentenced to the same punishment prescribed for the perpetrator of the offence.
(2) The provisions of this law are not applicable concerning the attempt to threaten the commission of any offence [referred to] in Articles 9 to 16 of this law.
Article 18 …
A person who [joins] another person in order to participate in the commission of offences [referred to] in Articles 9 to 16 of this law or incites or encourages others [to commit] these offences or plans, [or] organizes … the commission of these offences, with consideration of circumstances, he/she shall be sentenced to long term imprisonment of not less than ten years or [life] imprisonment.
Article 19. Supporting or Service to the Offence.
(2) A person who recruits another person in order to participate in or carry out the commission of offences [referred to] in Articles 9 to 18 of this law, … shall be sentenced to the punishment prescribed for the perpetrator of the offence.
In 1998, at the Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court held in Rome, the Afghan Vice-Minister for Foreign Affairs declared:
Since the second World War in the framework of the United Nations we have been witnessing an unprecedented expansion in the international protection of Human Rights. This expansion could be ascribed to an ever-increasing sharing of fundamental values and expectation among nations. Consequently the World community now acknowledges the need to protect the individual from different varieties of human depredations by creating an International Permanent Criminal Court, which should prosecute and punish those who are escaping national jurisdiction under different circumstances.