the attack of the Médecins Sans Frontières Hospital (MSF) in Kunduz, Afghanistan on 3 October 2015 triggered strong reactions in global public opinion. However, it also raises important legal questions, in particular as regards the applicability of the law on armed conflict even to new forms of war. Indeed, the nature of the conflict — and thus the applicable law — in Afghanistan, which has lasted for 30 years, has changed several times between the various invasions, inter-ethnic civil wars and the ‘fight against terrorism’. In addition, this drama questions the most appropriate legal action to stop attacks and ensure that they are not repeated. In that regard, MSF’s choice to have recourse to a Fact-Finding Commission is risky, since it will make it possible to meet only part of the need for effective justice.