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===Non-interstate armed conflict=== In a non-interstate armed conflict, combatants who fought with [[Violent non-state actor|non-state armed groups]] are not afforded immunity for taking part in hostilities, as [[Rebellion|insurrection]] is a crime under the [[municipal law|domestic law]] of most nations. Therefore, they can be prosecuted by the territorial state or intervening third state for simply taking up arms.<ref name="HGFF"/> On October 7, 2021, a former [[Taliban]] commander was indicted by a federal grand jury in New York for the June 26, 2008 attack on an American military convoy that killed three U.S. soldiers and their Afghan interpreter, and October 27, 2008 shooting down of a U.S. military helicopter during the [[War in Afghanistan (2001β2021)|War in Afghanistan]]<ref>{{cite web|url=https://www.justice.gov/opa/pr/former-taliban-commander-charged-killing-american-troops-2008|title=Former Taliban Commander Charged with Killing American Troops in 2008|date=October 7, 2021|publisher=[[United States Department of Justice]]'s Office of Public Affairs}}</ref> (the conflict became non-interstate not long after the [[United States invasion of Afghanistan]] ended on December 7, 2001).<ref>{{cite journal|author=[[Michael N. Schmitt]]|date=2009|title=Targeting and International Humanitarian Law in Afghanistan |url=https://digital-commons.usnwc.edu/cgi/viewcontent.cgi?article=1126&context=ils#page=2|journal=International Law Studies|volume=85|pages=308}}</ref><ref>{{cite journal|author=Annyssa Bellal, Gilles Giacca, and Stuart Casey-Maslen|date=March 2011|title=International law and armed non-state actors in Afghanistan|url=https://www.corteidh.or.cr/tablas/r27089.pdf#page=6|journal=International Law Studies|volume=93|issue=881|pages=52|publisher=[[International Review of the Red Cross]]}}</ref>
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