Alternatively, the IHFFC has ad hoc jurisdiction when a party to the conflict requests an inquiry and all other parties to the conflict give their consent. It does not appear necessary for those parties to have ratified AP I, due to the choice of language in that provision. However, the involvement of the Taliban evokes a more fundamental barrier to the IHFFC’s jurisdiction: the conflict is non-international in nature. The Commission was borne out of AP I, which only applies in IACs. Moreover, according to Article 90(2)(c)(i), it may investigate grave breaches and other serious violations of “the Conventions and this Protocol”, which excludes Additional Protocol II and customary IHL. Thus,.
The jurisdictional hurdle of IAC could perhaps be satisfied by pointing to facts which “internationalise” the conflict, such as allegations of Pakistan’s covert support of the Taliban. However, it is doubtful whether overseas chinese in canada datasuch support, even if sufficiently proven, would amount to a sufficient level of control over the Taliban’s operations so as to internationalise the conflict under IHL. Another potential internationalising feature could be the involvement of Coalition forces in Afghanistan. Yet, the ability for a NIAC to be transformed into an IAC simply due to the presence of multinational forces remains highly contested. Geiß and Siegrist, for instance, write that a NIAC remains non-international in nature when a multinational force supports another state against armed opposition (p. 14, note 8).