File:Mullah Abdul Ghani Baradar, 1998.jpg

From http://www.nytimes.com/imagepages/2010/03/25/world/25afghan_CA0.html

According to the New York Times this is "A man said to be Mullah Abdul Ghani Baradar, a detained Taliban deputy now replaced, in a 1998 photo that was provided to The New York Times by a former Taliban photographer."

This photo is in the public domain, because Afghanistan is not a full member of any bilateral intellectual property agreements. President Hamid Karzai has proclaimed his intent for Afghanistan to sign on to the agreements that bind just about every other nation on Earth.

It is WMF policy to treat countries like Afghanistan, that have said they intend to sign on board as if they were already signatories. WMF lawyers have explained the WMF can lay additional rules on its internal use of images, but that Afghan images remain public domain, until it is a full signatory to Berne or an equivalent agreement.

If this werenn't PD I would assert fair use.