Abondoned freight containers, 40 ft by 8 ft by 8 ft – littering the roads were not an uncommon sight in Afghanistan before and during the US led war. ‘Death by Container’, as it was called was seen as a cheap means of mass murder used by the Taliban and the Northern Alliance before the war and continued to be in practice even after its start. It was only in 2002 when Haglund and a team formed by the Physicians for Human Rights (PHR) investigated these graves that were created during the war under the supposed supervision of the US Special Forces, that these incidents gained some international concern. Newsweek, in a brilliant article reported the piece here.
“Mohammed arrived at Qala Zeini about 7 that evening. Several other container trucks were already waiting inside the fort. So were about 150 soldiers, all Afghans. At about 9, the prisoners- a mix of afghans, Pakistanis, Arabs and Chechens- arrived from Yerganak in open trucks and pickups. Soldiers ordered the prisoners down from the trucks and stripped them of their turbans, caps and vests. Then they herded the captives into the containers, as many as 200 to a truck. The fighters realized that they were not going home, as promised. “F……Shamuk Naseri”, one driver recalls the prisoner screaming. “He betrayed us”. The doors of the container trucks were locked.”
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“Later when the trucks reached the prison camp. The US Soldiers at the camp had to witness dead bodies being brought out of these containers. They probably didn’t know that they had died of asphyxiation and believed that they were killed in war…”
That was 2002; and today it is said that more than 2000 taliban prisoners had been killed and buried in this manner. Cheney, Rumsfeld and Bush denied acknowledging that the US forces or its allies may have been involved in these heinous acts. Come July 2009 and President Obama has ordered investigations into these actions and acknowledged that these might be a certain degree of responsibility that the alliance forces may have to bear. He stated;
“I think that, you know, there are certain responsibilities that all nations have Even in War“.
I never thought this day would come when a world leader would show such a commitment to the Rule of law and protection of human rights as President Obama has been doing off late.
It is often said that in the establishment and preservation of democracy certain acts are committed that belittle democracy itself. For the US led war in Afghanistan, to have campaigned and attempted to legitimize itself with the ideal of ‘establishing democracy and protecting rights’, to be involved, even if in an observing role in such gruesome acts is horrid and shameful to learn. Not that this is a first though, we have heard of Abu-gharaib and Guantanamo haven’t we ?
There are two sides to this issue- first of the responsibility of the US forces and allies with their commitments to human rights under the Geneva Conventions in times of war, especially when there is a proxy war such as this. Second, about the Afghan side and the probability of action being taken against General Abdul Rashid Dostum, the man who is alleged to be responsible for these acts.
Common Article 3 of the Geneva Conventions requires that persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed ’hors de combat ‘ by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. The United States is a party to these Conventions and must observe the same in all circumstances. Furthermore, the international law and more particularly the laws of war also mandate that the states have a duty to prevent such activities even though they may not have been committed directly by them. Thus, if such acts have been committed and the same had been in the knowledge of the United States, then it and its allies must bear some responsibility for the same.
A more important issue however, is General Abdul Rashid Dostum. The Officer involved in leading the operations during that period and who is now possibly to be appointed as the next military chief of Afghanistan; that however unless the United States steps in and objects to the same. While he had earlier said that any such deaths in the manner reported were purely unintentional, there is ample proof to support the argument that he knew and was involved in these heinous acts. A few days ago, James Risen wrote an article on the issue and raised questions as to whether the US would object to the appointment of Gen. Dostum considering his past human rights record. It is in light to these recent developments that the Obama Gov. has launched the investigation.
The one possible legal manner in which Gen. Dostum can be brought to bear responsibility for these crimes is the International Criminal Court or a law on genocide and mass crimes. The US Soldiers too, who knew of such activities and acted in a non-chalant manner can be held responsible to some degree. However, considering the United States continued opposition to the ICC Statute with the main notion that its soldiers would then be liable for their activities acts as a difficult obstacle to subvert. Also, there are the Bilateral Immunity Agreements that the United States has signed and ratified to avoid its soldiers from being prosecuted in such manner. The case against Gen. Dostum in terms of an international remedy is a little easier. On Feb. 10, 2003, the Afghanistan Government deposited its instrument of ratification for becoming a state party to the ICC statute. This would possibly mean that the ICC would now have jurisdiction to try all cases involving mass crimes that were committed after 1st July 2002. Assuming that this is the case in our situation, then Gen. Dostum may better be counting his days if the ICC decides to initiate a proceeding against him.
It is quite tragic that something like that were to happen in Afghanistan. What is a ray of hope however is that commitment of the Obama Administration towards human rights and preservation of the rule of law. After watching an entire nation being united in its support for Guantanamo and an unjust war in the name of terrorism during the Bush Administration, President Obama’s action surely give some reason to cheer.
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One Comment
Wow, I am glad to see such a drastic change from the previous blog, however even more glad to see that the quality of material remains just the same, precise and to the point… I will be visiting often!