US Still Can't Escape Calls for War Crimes Investigation into Its Bombing of
MSF Hospital
Published on
Monday, July 25, 2016
by
Common Dreams
US Still Can't Escape Calls for War Crimes Investigation into Its Bombing of
MSF Hospital
New UN report finds record level of civilian casualties in Afghanistan; says
there are 'prima facie grounds to warrant further investigation into whether
US personnel committed war crimes'
by
Andrea Germanos, staff writer
Hospital beds lay in the MSF hospital in Kunduz, Afghanistan, about six
months after an American airstrike killed dozens of patients, some of whom
burned to death in their beds. (Photo: Reuters)
A new United Nations report reveals a grim state of affairs for civilians in
Afghanistan-a record level of civilian casualties for the first half of the
year-and also renews the call for an independent investigation into whether
the United States committed war crimes in bombing a Doctors Without Borders
(MSF) hospital in Kunduz.
Published days after a suicide attack in Kabul killed scores, the report
(pdf) from the United Nations Assistance Mission in Afghanistan (UNAMA) with
input from the Office of the United Nations High Commissioner for Human
Rights (OHCHR) states that 5,166 civilians were either killed or maimed in
Afghanistan from January through June, the highest half-year total since
counting began in 2009. The new, likely conservative figures bring the total
casualties since 2009 to nearly 64,000.
"Every single casualty documented in this report-people killed while
praying, working, studying, fetching water, recovering in hospitals-every
civilian casualty represents a failure of commitment and should be a call to
action for parties to the conflict to take meaningful, concrete steps to
reduce civilians' suffering and increase protection," stated Tadamichi
Yamamoto, the U.N. Secretary-General's Special Representative for
Afghanistan and head of UNAMA.
A "particularly alarming and shameful" figure noted in the report, said U.N.
High Commissioner for Human Rights Zeid Ra'ad Al Hussein, is that the latest
casualties include over 1,500 children. "Child casualties now comprise 29
percent of all civilian casualties," the report states.
"Explosive remnants of war" were the "second leading cause of child
casualties in the first half of 2016," the report adds, and notes the
disproportionate impact they have on the young. Children "comprised 85
percent of the casualties caused by such devices," a press release
accompanying the report states.
The report further notes the continuing impact the unrest has on the
country's ability to eradicate polio, stating that "during the May 2016
national polio campaign, approximately 358,000 children missed their polio
vaccination as a result of insecurity."
The new publication also takes aim at how the U.S. classified its Oct. 3,
2015 airstrike on an MSF hospital in Kunduz, which killed 42 people and
wounded dozens others.
"There must be an end to the prevailing impunity enjoyed by those
responsible for civilian casualties-no matter who they are."
-UN High Commissioner for Human Rights Zeid Ra'ad Al HusseinThe U.N. report
includes the U.S. military's own findings, in redacted form, into the
bombing, which it released in April following a shifting narrative on the
attack.
The U.N. report cites the U.S. argument that "the tragic accident resulted
from a combination of unintentional human errors and equipment failures"
while the designation of "'war crimes' is typically reserved for intentional
acts."
UNAMA, however, questions the impartiality and transparency of the U.S.
military's findings, and states that "there are prima facie grounds to
warrant further investigation into whether United States personnel committed
war crimes."
From the report:
The United States military Army Regulation 15-6 investigation is essentially
an administrative fact-finding tool for the United States military that
makes recommendations to the convening officer who can then decide whether
to accept or reject findings of fact as well as recommendations. While the
Commander of U.S. Forces Afghanistan appointed general officers from outside
of his chain of command to conduct the fact-finding investigation, the
ultimate authority for taking actions, including recommending any criminal
investigation, essentially remained with the command responsible for the
incident.
This calls into question whether the AR 15-6 procedure is sufficiently
independent, impartial, transparent and effective to determine whether
criminal offenses occurred in relation to the 3 October 2015 airstrike.
Furthermore, neither the press release nor the investigation itself
addressed the issue of criminal liability for recklessness in the commission
of war crimes, nor criminal liability under the United States Uniform Code
of Military Justice.
The mission notes that after a review of the redacted United States MSF
Investigation Report, even absent findings of specific intent, there are
prima facie grounds to warrant further investigation into whether United
States personnel committed war crimes and other criminal offenses in
relation to the 3 October 2015 airstrike on the MSF Hospital in Kunduz.
"There must be an end to the prevailing impunity enjoyed by those
responsible for civilian casualties-no matter who they are," Zeid added in
his statement.
For its part, MSF, along with other human rights groups as well as family
members of those killed in the attack, previously lambasted the U.S.
military assessment of the attack as unacceptable and a total affront to
justice.
Like the U.N., MSF has also called for an independent investigation in the
attack, and, in December, delivered a petition signed by over half a million
people to President Barack Obama urging him to consent to an investigation
by the International Humanitarian Fact-Finding Commission into possible
violations of international humanitarian law.
This work is licensed under a Creative Commons Attribution-Share Alike 3.0
License
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US Still Can't Escape Calls for War Crimes Investigation into Its Bombing of
MSF Hospital
Published on
Monday, July 25, 2016
by
Common Dreams
US Still Can't Escape Calls for War Crimes Investigation into Its Bombing of
MSF Hospital
New UN report finds record level of civilian casualties in Afghanistan; says
there are 'prima facie grounds to warrant further investigation into whether
US personnel committed war crimes'
by
Andrea Germanos, staff writer
. 5 Comments
.
. Hospital beds lay in the MSF hospital in Kunduz, Afghanistan, about
six months after an American airstrike killed dozens of patients, some of
whom burned to death in their beds. (Photo: Reuters)
. A new United Nations report reveals a grim state of affairs for
civilians in Afghanistan-a record level of civilian casualties for the first
half of the year-and also renews the call for an independent investigation
into whether the United States committed war crimes in bombing a Doctors
Without Borders (MSF) hospital in Kunduz.
. Published days after a suicide attack in Kabul killed scores, the
report (pdf) from the United Nations Assistance Mission in Afghanistan
(UNAMA) with input from the Office of the United Nations High Commissioner
for Human Rights (OHCHR) states that 5,166 civilians were either killed or
maimed in Afghanistan from January through June, the highest half-year total
since counting began in 2009. The new, likely conservative figures bring the
total casualties since 2009 to nearly 64,000.
. "Every single casualty documented in this report-people killed while
praying, working, studying, fetching water, recovering in hospitals-every
civilian casualty represents a failure of commitment and should be a call to
action for parties to the conflict to take meaningful, concrete steps to
reduce civilians' suffering and increase protection," stated Tadamichi
Yamamoto, the U.N. Secretary-General's Special Representative for
Afghanistan and head of UNAMA.
. A "particularly alarming and shameful" figure noted in the report,
said U.N. High Commissioner for Human Rights Zeid Ra'ad Al Hussein, is that
the latest casualties include over 1,500 children. "Child casualties now
comprise 29 percent of all civilian casualties," the report states.
"Explosive remnants of war" were the "second leading cause of child
casualties in the first half of 2016," the report adds, and notes the
disproportionate impact they have on the young. Children "comprised 85
percent of the casualties caused by such devices," a press release
accompanying the report states.
The report further notes the continuing impact the unrest has on the
country's ability to eradicate polio, stating that "during the May 2016
national polio campaign, approximately 358,000 children missed their polio
vaccination as a result of insecurity."
The new publication also takes aim at how the U.S. classified its Oct. 3,
2015 airstrike on an MSF hospital in Kunduz, which killed 42 people and
wounded dozens others.
"There must be an end to the prevailing impunity enjoyed by those
responsible for civilian casualties-no matter who they are."
-UN High Commissioner for Human Rights Zeid Ra'ad Al HusseinThe U.N. report
includes the U.S. military's own findings, in redacted form, into the
bombing, which it released in April following a shifting narrative on the
attack.
The U.N. report cites the U.S. argument that "the tragic accident resulted
from a combination of unintentional human errors and equipment failures"
while the designation of "'war crimes' is typically reserved for intentional
acts."
UNAMA, however, questions the impartiality and transparency of the U.S.
military's findings, and states that "there are prima facie grounds to
warrant further investigation into whether United States personnel committed
war crimes."
From the report:
The United States military Army Regulation 15-6 investigation is essentially
an administrative fact-finding tool for the United States military that
makes recommendations to the convening officer who can then decide whether
to accept or reject findings of fact as well as recommendations. While the
Commander of U.S. Forces Afghanistan appointed general officers from outside
of his chain of command to conduct the fact-finding investigation, the
ultimate authority for taking actions, including recommending any criminal
investigation, essentially remained with the command responsible for the
incident.
This calls into question whether the AR 15-6 procedure is sufficiently
independent, impartial, transparent and effective to determine whether
criminal offenses occurred in relation to the 3 October 2015 airstrike.
Furthermore, neither the press release nor the investigation itself
addressed the issue of criminal liability for recklessness in the commission
of war crimes, nor criminal liability under the United States Uniform Code
of Military Justice.
The mission notes that after a review of the redacted United States MSF
Investigation Report, even absent findings of specific intent, there are
prima facie grounds to warrant further investigation into whether United
States personnel committed war crimes and other criminal offenses in
relation to the 3 October 2015 airstrike on the MSF Hospital in Kunduz.
"There must be an end to the prevailing impunity enjoyed by those
responsible for civilian casualties-no matter who they are," Zeid added in
his statement.
For its part, MSF, along with other human rights groups as well as family
members of those killed in the attack, previously lambasted the U.S.
military assessment of the attack as unacceptable and a total affront to
justice.
Like the U.N., MSF has also called for an independent investigation in the
attack, and, in December, delivered a petition signed by over half a million
people to President Barack Obama urging him to consent to an investigation
by the International Humanitarian Fact-Finding Commission into possible
violations of international humanitarian law.
This work is licensed under a Creative Commons Attribution-Share Alike 3.0
License
