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Former Members of Armed Groups and Militia Forces During and After the Communist

D. E XCLUSION FROM I NTERNATIONAL R EFUGEE P ROTECTION

2. Former Members of Armed Groups and Militia Forces During and After the Communist

The activities of members of armed groups and militia forces

723

during the period of the armed resistance against the Communist regimes and the Soviet occupation – from 27 April 1978 until the fall of Najibullah in April 1992 – may give rise to exclusion concerns. Examples of relevant acts include political assassinations, reprisals and extrajudicial killings, and rape, including of civilians for reasons such as working for Government institutions and schools, or transgressing Islamic principles and norms.

Other reported crimes by armed groups and militia forces include extrajudicial executions of prisoners of war and attacks on civilian targets.

724

The armed conflict between 1992 and 1995, in particular, was characterized by serious violations of international human rights and humanitarian law, including the shelling of urban centres by all parties to the conflict.

725

720 In 1986, the KhAD was upgraded to ministry level and from then on was known as WAD (Wezarat-e Amniyat-e Dowlati or Ministry of State Security). For detailed information on (i) the origins of the KhAD/WAD; (ii) its structure and staffing; (iii) linkages between these services and the Afghan military and militias; (iv) the distinction between operational and support services; and (v) rotation and promotion policies within the KhAD/WAD, see UNHCR, Note on the Structure and Operation of the KhAD/WAD in Afghanistan 1978-1992, May 2008, http://www.refworld.org/docid/482947db2.html.

721 These directorates included administration and finance, personnel, propaganda and counter-propaganda, logistics, telecommunications and decoding. See UNHCR, Note on the Structure and Operation of the KhAD/WAD in Afghanistan 1978-1992, May 2008, http://www.refworld.org/docid/482947db2.html, paras 15-17.

722 UNHCR, Note on the Structure and Operation of the KhAD/WAD in Afghanistan 1978-1992, May 2008, http://www.refworld.org/docid/482947db2.html. In this Note, UNHCR observes that “UNHCR is not able to confirm that there was a systematic rotation policy inside KhAD/WAD. Sources consulted by UNHCR affirmed that rotations within the KhAD/WAD structures were largely based on expertise and experience. In emergency situations, staff may have been shifted to work on a given operation, but within its area of expertise. Military personnel operated within its rank and levels of expertise. One expert […] stated that, in his view, there was no mandatory rotation; he believes that people could change jobs within the KhAD/WAD, but that it was not a rule or requirement. In the view of that source, such a rotation policy would have gone against any sense of professionalism within the institution. Other sources state that the activities of KhAD/WAD officers were regulated by a number of principles, one of which was confidentiality. For this reason, they believe that the KhAD/WAD could not resort to a general rotation policy, as this would have risked disclosure of information from one Directorate to another.” Ibid., para. 24.

723 Applicants whose applications require careful scrutiny include commanders and members of the following Islamic parties with armed factions:

Hezb-e-Islami (Hekmatyar and Khalis), Hezb-e-Wahdat (both branches or all nine parties that formed Hezb-e-Wahdat), Jamiat-e-Islami (including Shura-e-Nezar), Jonbesh-e-Melli-Islami, Ittehad-e-Islami, Harkat-e-Inqilab-e-Islami (led by Mohammad Nabi Mohammadi) and Harkat-e-Islami.

724 HRW, The Forgotten War: Human Rights Abuses and Violations of the Laws of War since the Soviet Withdrawal, 1 February 1991, http://www.hrw.org/reports/1991/afghanistan/; and HRW, By All Parties to the Conflict: Violations of the Laws of War in Afghanistan, Helsinki Watch/Asia Watch report, March 1988, http://hrw.org/reports/1988/afghan0388.pdf.

725 See, for instance, HRW, Blood-Stained Hands: Past Atrocities in Kabul and Afghanistan’s Legacy of Impunity, 7 July 2005, http://www.refworld.org/docid/45c2c89f2.html; Amnesty International, Afghanistan: Executions, Amputations and Possible Deliberate and Arbitrary Killings, ASA 11/05/95, April 1995, http://www.refworld.org/docid/48298bca2.html; and Amnesty International, Afghanistan: The Human Rights Crisis and the Refugees, ASA 11/002/1995, 1 February 1995, http://www.refworld.org/docid/3ae6a9a613.html.

120 3. Members and Commanders of AGEs

Elements from the former Taliban regime, combined with new recruits, started to mount armed operations in Afghanistan as early as 2002. The applicability of the exclusion clauses is relevant in relation to former members and military commanders of the Taliban, during its time in power and following its ouster, in cases where there is sufficient evidence to support findings of serious reasons for considering that they were associated with serious abuses of human rights and/or violations of humanitarian law. As noted in Section II.C.1.b, there are widespread reports about deliberate attacks on civilians by Taliban forces, summary executions, and illegal punishments meted out by parallel justice structures enforced by the Taliban. Some of these acts may constitute war crimes.

726

The applicability of the exclusion clauses will also need to be considered in relation to individual members and military commanders of other AGEs, including Al-Qaeda,

727

Islamic State and members of groups claiming to be affiliated to Islamic State,

728

the Haqqani Network,

729

Hezb-e-Islami (Party of

726 See, for example, Al-Jazeera, Afghanistan: Taliban Resume Fighting as Eid Ceasefire Ends, 18 June 2018, https://www.aljazeera.com/news/2018/06/afghanistan-taliban-resume-fighting-eid-ceasefire-ends-180618044536196.html; Al-Jazeera, Afghanistan: Who Controls What, 5 June 2018, https://www.aljazeera.com/indepth/interactive/2016/08/afghanistan-controls-160823083528213.html; American Foreign Policy Council, World Almanac of Islamism: Taliban, last updated 27 April 2018, http://almanac.afpc.org/taliban; BBC, Taliban Threaten 70% of Afghanistan, BBC Finds, 31 January 2018, https://www.bbc.com/news/world-asia-42863116; NBC News, The Taliban Is Gaining Strength and Territory in Afghanistan, 30 January 2018, https://www.nbcnews.com/news/world/numbers-afghanistan-are-not-good-n842651; NATO Parliamentary Assembly, Special Report:

Afghanistan, 7 October 2017,

https://www.nato-pa.int/download-file?filename=sites/default/files/2017-11/2017%20-%20164%20DSC%2017%20E%20bis-%20%20AFGHANISTAN.pdf, p. 5; SciencesPo, Taliban and Daesh: Religious Creed and Militant Groups in Afghanistan, November 2017, https://www.sciencespo.fr/enjeumondial/fr/odr/taliban-and-daesh-religious-creed-and-militant-groups-afghanistan; Stanford University, The Taliban, last updated 15 July 2016, http://web.stanford.edu/group/mappingmilitants/cgi-bin/groups/view/367; US National Counterterrorism Center, Afghan Taliban, undated, https://www.dni.gov/nctc/groups/afghan_taliban.html.

727 See, for example, Accord, Incremental Peace in Afghanistan, Issue 27, 1 June 2018, http://www.c-r.org/downloads/Incremental%20Peace%20in%20Afghanistan.pdf, p. 149; Counter Extremism Project, Afghanistan: Extremism & Counter-Extremism, 9 May 2018, https://www.counterextremism.com/sites/default/files/country_pdf/AF-05092018.pdf, p. 5; US Department of State, Country Reports on Terrorism 2016 - Foreign Terrorist Organizations: Al-Qa'ida (AQ), 19 July 2017, http://www.refworld.org/docid/5981e3f013.html; American Foreign Policy Council, World Almanac of Islamism: Al Qaeda, last updated 15 December 2017, http://almanac.afpc.org/al-qaeda; Brookings Institution, Afghanistan’s Terrorism Resurgence: Al-Qaida, ISIS, and Beyond, 27 April 2017, https://www.brookings.edu/testimonies/afghanistans-terrorism-resurgence-al-qaida-isis-and-beyond/; Council on Foreign Relations, The Taliban, 17 August 2017, https://www.cfr.org/interactives/taliban?cid=marketing_use-taliban_infoguide-012115#!/taliban?cid=marketing_use-taliban_infoguide-012115; The Heritage Foundation, Afghanistan in Crisis: Why Is the Region Still a Hotbed of Terrorism and Violence?, 3 August 2017, https://www.heritage.org/middle-east/commentary/afghanistan-crisis-why-the-region-still-hotbed-terrorism-and-violence; Pahjwok Afghan News, Rebel Groups in Afghanistan: A Run-through, 11 April 2017, http://peace.pajhwok.com/en/armed-group/rebel-groups-afghanistan-run-through; Tolo News, 20 Terrorist Groups Fighting Against Afghan Government, 26 February 2017, https://www.tolonews.com/afghanistan/20-terrorist-groups-fighting-against-afghan-government; Middle East

Institute, A Resilient Al-Qaeda in Afghanistan and Pakistan, August 2016,

https://www.mei.edu/sites/default/files/publications/PF18_Weinbaum_AQinAFPAK_web_1.pdf; Stanford University, Al Qaeda, last updated 18 August 2015, http://web.stanford.edu/group/mappingmilitants/cgi-bin/groups/view/21.

728 See, for example, Jinnah Institute, Daesh in Afghanistan, 2018, http://jinnah-institute.org/wp-content/uploads/2018/01/The-Afghanistan-Essays-Zahid-Hussain-5.pdf; PressTV, Daesh Becoming a Real Challenge in Afghanistan, 17 Jun 2018, https://www.youtube.com/watch?v=5owsXD9796Y [video]; Accord, Incremental Peace in Afghanistan, Issue 27, 1 June 2018, http://www.c-r.org/downloads/Incremental%20Peace%20in%20Afghanistan.pdf, p. 149; Counter Extremism Project, Afghanistan: Extremism & Counter-Extremism, 9 May 2018, https://www.counterextremism.com/sites/default/files/country_pdf/AF-05092018.pdf, p. 6; PressTV, Despite Presence of Foreign Troops, Daesh Growing in Afghanistan, 22 April 2018, http://www.presstv.com/Detail/2018/04/22/559353/Afghanistan-Daesh-terrorists-US-NATO-Russia-Iran; Pahjwok Afghan News, Daesh Operating Military Base in Jalalabad, Claims Hazrat Ali, 20 April 2018, https://www.pajhwok.com/en/2018/04/30/daesh-operating-military-base-jalalabad-claims-hazrat-ali; UN General Assembly, The Situation of Human Rights in Afghanistan and Technical Assistance Achievements in the Field of Human Rights, 21 February 2018, A/HRC/37/45, http://www.refworld.org/docid/5b03e25e4.html, p. 2, footnote 1; Tolo News, The Rise and Fall of Daesh’s Caliphate, 19 January 2018, https://www.tolonews.com/opinion/rise-and-fall-daesh%E2%80%99s-caliphate; Bonn International Center for Conversation (BICC), Making Sense of Daesh in Afghanistan: A Social Movement Perspective, Working Paper No 6, 2017, https://www.bicc.de/uploads/tx_bicctools/BICC_Working_Paper_6_2017.pdf; SciencesPo, Taliban and Daesh: Religious Creed and Militant Groups in Afghanistan, November 2017, https://www.sciencespo.fr/enjeumondial/fr/odr/taliban-and-daesh-religious-creed-and-militant-groups-afghanistan; NATO Parliamentary Assembly, Special Report: Afghanistan, 7 October 2017, https://www.nato-pa.int/download-file?filename=sites/default/files/2017-11/2017%20-%20164%20DSC%2017%20E%20bis-%20%20AFGHANISTAN.pdf, p. 6; US Department of State, Country Reports on Terrorism 2016 - Foreign Terrorist Organizations: Islamic State's Khorasan Province (ISIS-K), 19 July 2017, http://www.refworld.org/docid/5981e3d513.html; Brookings Institution, Afghanistan’s Terrorism Resurgence: Al-Qaida, ISIS, and Beyond, 27 April 2017, https://www.brookings.edu/testimonies/afghanistans-terrorism-resurgence-al-qaida-isis-and-beyond/; Pahjwok Afghan News, Rebel Groups in Afghanistan: A Run-through, 11 April 2017, http://peace.pajhwok.com/en/armed-group/rebel-groups-afghanistan-run-through; Tolo News, 20 Terrorist Groups Fighting Against Afghan Government, 26 February 2017, https://www.tolonews.com/afghanistan/20-terrorist-groups-fighting-against-afghan-government.

729 The Haqqani Network, while enjoying a large measure of tactical autonomy, is reported to share many of the Taliban’s political and ideological objectives. See Jinnah Institute, The Haqqani Question, 2018, http://jinnah-institute.org/wp-content/uploads/2018/01/The-Afghanistan-Essays-Rahimullah-6.pdf; Accord, Incremental Peace in Afghanistan, Issue 27, 1 June 2018, http://www.c-r.org/downloads/Incremental%20Peace%20in%20Afghanistan.pdf, p. 149; Counter Extremism Project, Afghanistan: Extremism & Counter-Extremism, 9 May 2018, https://www.counterextremism.com/sites/default/files/country_pdf/AF-05092018.pdf, p. 7; Central Intelligence

121

Agency (CIA), Terrorist Groups - Foreign Based: Afghanistan, last updated 11 April 2018, https://www.cia.gov/library/publications/the-world-factbook/fields/print_2265.html; US Department of State, Country Reports on Terrorism 2016 - Foreign Terrorist Organizations:

Haqqani Network (HQN), 19 July 2017, http://www.refworld.org/docid/5981e3dfc.html; UN General Assembly, The Situation of Human Rights in Afghanistan and Technical Assistance Achievements in the Field of Human Rights, 21 February 2018, A/HRC/37/45, http://www.refworld.org/docid/5b03e25e4.html, p. 2, footnote 1; The Japan Times, Afghanistan’s Most Feared: Taliban-Affiliated Haqqani Network Behind Kabul Blast that Killed at Least 95, 29 January 2018, https://www.japantimes.co.jp/news/2018/01/28/asia-pacific/haqqani-network-haqqanis-afghanistans-feared-insurgents/; LA Times, Many Americans Have Never Heard of the Haqqani Network, One of the World's Most Lethal Terror Groups, 6 January 2018, http://www.latimes.com/world/asia/la-fg-haqqani-network-20180105-story.html;

Stanford University, Haqqani Network, last updated 8 November 2017, http://web.stanford.edu/group/mappingmilitants/cgi-bin/groups/view/363; Deutsche Welle, Militant Haqqani Network: A Brief History, 17 October 2017, http://www.dw.com/en/militant-haqqani-network-a-brief-history/g-4098389; Washington Post, A Much-Feared Taliban Offshoot Returns from the Dead, 19 July 2017, https://www.washingtonpost.com/world/asia_pacific/ruthless-taliban-branch-is-center-stage-in-us-pakistan-tensions/2017/07/18/dc03b2b4-5a89-11e7-aa69-3964a7d55207_story.html; Tolo News, 20 Terrorist Groups Fighting Against Afghan Government, 26 February 2017, https://www.tolonews.com/afghanistan/20-terrorist-groups-fighting-against-afghan-government; US National Counterterrorism Center, Haqqani Network, undated, https://www.dni.gov/nctc/groups/haqqani_network.html; Global Security, Haqqani Network (HQN), undated, https://www.globalsecurity.org/military/world/para/haqqani.htm.

122 Islam),

730

the Islamic Movement of Uzbekistan,

731

the Islamic Jihad Union,

732

the Lashkar-e-Taiba (Army of the Righteous),

733

Lashkar-e-Jhangvi,

734

Therik-e Taliban Pakistan (TTP),

735

730 See, for example, Accord, Incremental Peace in Afghanistan, Issue 27, 1 June 2018, http://www.c-r.org/downloads/Incremental%20Peace%20in%20Afghanistan.pdf, p. 148; Counter Extremism Project, Afghanistan: Extremism & Counter-Extremism, 9 May 2018, https://www.counterextremism.com/sites/default/files/country_pdf/AF-05092018.pdf, p. 8; Tolo News,Freed Hizb-e-Islami Prisoners "Fighting Alongside Taliban", 7 May 2018, https://www.tolonews.com/afghanistan/hizb-e-islami-members-fight-alongside-taliban-kandahar; Global Security, Hizb-i-Islami, 2 September 2017, https://www.globalsecurity.org/military/world/para/hizbi-islami.htm; AAN, Charismatic, Absolutist, Divisive: Hekmatyar and the Impact of His Return, 3 May 2017, https://www.afghanistan-analysts.org/charismatic-absolutist-divisive-hekmatyar-and-the-impact-of-his-return/; Institute for the Study of War, Hizb-I-Islami Gulbuddin (HIG), undated, http://www.understandingwar.org/hizb-i-islami-gulbuddin-hig; US National Counterterrorism Center, Hezb-e-Islami Gulbuddin (HIG), undated, https://www.dni.gov/nctc/groups/hezb_e_islami.html; TRAC, Hizb-i-Islami Gulbuddin (HIG), undated, https://www.trackingterrorism.org/group/hizb-i-islami-gulbuddin-hig.

731 “Uzbek fighters have become deeply embedded in ISIS and have fought alongside the Taliban in Afghanistan […] The Islamic Movement of Uzbekistan was the most prominent Central Asian group active in Afghanistan and Pakistan”. International Institute for Counter-Terrorism, Central Asian Jihadists in the Front Line, 4 September 2017, http://www.ict.org.il/Article/2075/CentralAsianJihadists#gsc.tab=0. See also, Counter Extremism Project, Afghanistan: Extremism & Counter-Extremism, 9 May 2018, https://www.counterextremism.com/sites/default/files/country_pdf/AF-05092018.pdf, p. 8; UN General Assembly, The Situation of Human Rights in Afghanistan and Technical Assistance Achievements in the Field of Human Rights, 21 February 2018, A/HRC/37/45, http://www.refworld.org/docid/5b03e25e4.html, p. 2, footnote 1; Sputnik News, ‘We Are Surrounded’: 21 Terrorist Organizations Active in Afghanistan, 15 February 2018, https://sputniknews.com/asia/201802151061674094-afghanistan-terror-groups-pakistan/; US Department of Defense, U.S. Forces Strike Taliban, East Turkestan Islamic Movement Training Sites, 7 February 2018, https://www.defense.gov/News/Article/Article/1435247/us-forces-strike-taliban-east-turkestan-islamic-movement-training-sites/; US Department of State, Country Reports on Terrorism 2016 - Foreign Terrorist Organizations: Islamic Movement of Uzbekistan (IMU), 19 July 2017, http://www.refworld.org/docid/5981e3d7a.html; Tolo News, 20 Terrorist Groups Fighting Against Afghan Government, 26 February 2017, https://www.tolonews.com/afghanistan/20-terrorist-groups-fighting-against-afghan-government; Pahjwok Afghan News,Rebel Groups in Afghanistan: A Run-through, 11 April 2017, http://peace.pajhwok.com/en/armed-group/rebel-groups-afghanistan-run-through; Global Security, Islamic Movement of Uzbekistan (IMU), undated, https://www.globalsecurity.org/military/world/para/imu.htm.

732 The Islamic Jihad Union is reported to be a splinter group of the Islamic Movement of Uzbekistan and is affiliated with Al-Qaeda. See, Global Security, Islamic Jihad Union, undated, http://www.globalsecurity.org/military/world/para/iju.htm. See also Accord, Incremental Peace in Afghanistan, Issue 27, 1 June 2018, http://www.c-r.org/downloads/Incremental%20Peace%20in%20Afghanistan.pdf, p. 148; UN General Assembly, The Situation of Human Rights in Afghanistan and Technical Assistance Achievements in the Field of Human Rights, 21 February 2018, A/HRC/37/45, http://www.refworld.org/docid/5b03e25e4.html, p. 2, footnote 1; US Department of State, Country Reports on Terrorism 2016 - Foreign Terrorist Organizations: Islamic Jihad Union (IJU), 19 July 2017, http://www.refworld.org/docid/5981e3d8a.html; Pahjwok Afghan News, Rebel Groups in Afghanistan: A Run-through, 11 April 2017, http://peace.pajhwok.com/en/armed-group/rebel-groups-afghanistan-run-through; Jamestown Foundation, Unrest in Northern Afghanistan Heralds Regional Threats, 7 January 2016, http://www.refworld.org/docid/569f501c4.htm.

733 See, for example, Central Intelligence Agency (CIA), Terrorist Groups - Foreign Based: Afghanistan, last updated 11 April 2018, https://www.cia.gov/library/publications/the-world-factbook/fields/print_2265.html; American Foreign Policy Council, World Almanac of Islamism: Lashkar-e Taiba, last updated 11 April 2018, http://almanac.afpc.org/lashkar-e-taiba; UN General Assembly, The Situation of Human Rights in Afghanistan and Technical Assistance Achievements in the Field of Human Rights, 21 February 2018, A/HRC/37/45, http://www.refworld.org/docid/5b03e25e4.html, p. 2, footnote 1; Sputnik News, ‘We Are Surrounded’: 21 Terrorist Organizations Active in Afghanistan, 15 February 2018, https://sputniknews.com/asia/201802151061674094-afghanistan-terror-groups-pakistan/; US Department of State, Country Reports on Terrorism 2016 - Foreign Terrorist Organizations: Lashkar e-Tayyiba (LeT), 19 July 2017, http://www.refworld.org/docid/5981e3ccc.html; Pahjwok Afghan News, Rebel Groups in Afghanistan: A Run-through, 11 April 2017, http://peace.pajhwok.com/en/armed-group/rebel-groups-afghanistan-run-through; Tolo News, 20 Terrorist Groups Fighting Against Afghan Government, 26 February 2017, https://www.tolonews.com/afghanistan/20-terrorist-groups-fighting-against-afghan-government; US National Counterterrorism Center, e-Tayyiba (LT), undated, https://www.dni.gov/nctc/groups/lt.html; Stanford University, Lashkar-e-Taiba, last updated 30 January 2016, http://web.stanford.edu/group/mappingmilitants/cgi-bin/groups/view/79; Global Security, Lashkar-i-taiba (LeT), undated, https://www.globalsecurity.org/military/world/para/let.htm.

734 See, for example, Central Intelligence Agency (CIA), Terrorist Groups - Foreign Based: Afghanistan, last updated 11 April 2018, https://www.cia.gov/library/publications/the-world-factbook/fields/print_2265.html; Pahjwok Afghan News,Rebel Groups in Afghanistan: A Run-through, 11 April 2017, http://peace.pajhwok.com/en/armed-group/rebel-groups-afghanistan-run-through; Tolo News, 20 Terrorist Groups Fighting Against Afghan Government, 26 February 2017, https://www.tolonews.com/afghanistan/20-terrorist-groups-fighting-against-afghan-government; Gandhara, Pakistani Extremists Carve a Sanctuary in Southern Afghanistan, 23 January 2017, https://gandhara.rferl.org/a/afghanistan-zabul-lashkar-e-jhangvi/28251900.html; Australian National Security, Lashkar-e Jhangvi, 3 March 2018, https://www.nationalsecurity.gov.au/listedterroristorganisations/pages/lashkar-e-jhangvi.aspx; Geo TV, Suspected LeJ Terrorists Escaped to Afghanistan: CTD, 14 September 2017, https://www.geo.tv/latest/158083-suspected-lej-terrorists-escaped-to-afghanistan-ctd;

Stanford University, Lashkar-e-Jhangvi, last updated 7 July 2015, http://web.stanford.edu/group/mappingmilitants/cgi-bin/groups/view/215;

US National Counterterrorism Center, Lashkar-e-Jhangvi (LJ), undated, https://www.dni.gov/nctc/groups/lj.html.

735 See, for example, Jinnah Institute, Enemy at the Gates: The TTP in Afghanistan, 2018, http://jinnah-institute.org/wp-content/uploads/2018/01/The-Afghanistan-Essays-Zamir-Akram-8.pdf; Accord, Incremental Peace in Afghanistan, Issue 27, 1 June 2018, http://www.c-r.org/downloads/Incremental%20Peace%20in%20Afghanistan.pdf, p. 150; Stanford University, Tehrik-i-Taliban Pakistan, last updated 6 August 2017, http://web.stanford.edu/group/mappingmilitants/cgi-bin/groups/view/105; US Department of State, Country Reports on Terrorism 2016 - Foreign Terrorist Organizations: Tehrik-e Taliban Pakistan (TTP), 19 July 2017, http://www.refworld.org/docid/5981e3bd26.html; Pahjwok Afghan News, Rebel Groups in Afghanistan: A Run-through, 11 April 2017, http://peace.pajhwok.com/en/armed-group/rebel-groups-afghanistan-run-through; Tolo News, 20 Terrorist Groups Fighting Against Afghan Government, 26 February 2017, https://www.tolonews.com/afghanistan/20-terrorist-groups-fighting-against-afghan-government; US National Counterterrorism Center, Tehrik-e Taliban Pakistan (TTP), undated, https://www.dni.gov/nctc/groups/ttp.html; Global Security, Tehrik Taliban-i Pakistan (TTiP), undated, https://www.globalsecurity.org/military/world/para/ttp.htm.

123 Mohammad,

736

Maulvi Nazir Group,

737

Tora-Bora Nizami Mahaz (Tora-Bora Military Front),

738

Jundallah,

739

Harkat ul-Jihad-i-Islami (HuJI),

740

Harkat ul-Mujahideen (HuM),

741

and the East Turkestan Islamic Movement (ETIM).

742

4. Members of the Afghan Security Forces, including the NDS, the ANP and the ALP The applicability of the exclusion clauses will need to be considered in relation to members of the ANDSF, in cases where there are indications that they may have been associated with serious abuses of human rights and/or violations of humanitarian law. As noted in Section II.C.1.a, elements of the ANDSF are reported to have committed serious human rights violations, including unlawful killings;

736 See, for example, Central Intelligence Agency (CIA), Terrorist Groups - Foreign Based: Afghanistan, last updated 11 April 2018, https://www.cia.gov/library/publications/the-world-factbook/fields/print_2265.html; UN General Assembly, The Situation of Human Rights in Afghanistan and Technical Assistance Achievements in the Field of Human Rights, 21 February 2018, A/HRC/37/45,

736 See, for example, Central Intelligence Agency (CIA), Terrorist Groups - Foreign Based: Afghanistan, last updated 11 April 2018, https://www.cia.gov/library/publications/the-world-factbook/fields/print_2265.html; UN General Assembly, The Situation of Human Rights in Afghanistan and Technical Assistance Achievements in the Field of Human Rights, 21 February 2018, A/HRC/37/45,