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1.17 million war crimes claims from Afghans are submitted to court

Taliban, IS, CIA, U.S.-led coalition face accusations

By KATHY GANNON, Associated Press
Published: March 3, 2018, 7:20pm
2 Photos
Shoaib, whose father and 13 others were killed in Afghanistan’s central Ghor Province by gunmen in 2014, gives an interview to The Associated Press on Feb. 9 in Kabul, Afghanistan. His was among the more than 1 million statements from Afghans alleging war crimes.
Shoaib, whose father and 13 others were killed in Afghanistan’s central Ghor Province by gunmen in 2014, gives an interview to The Associated Press on Feb. 9 in Kabul, Afghanistan. His was among the more than 1 million statements from Afghans alleging war crimes. rahmat gul/Associated Press Photo Gallery

KABUL, Afghanistan — Since the International Criminal Court began collecting material three months ago for a possible war crimes case involving Afghanistan, it has gotten a staggering 1.17 million statements from Afghans who say they were victims.

The statements include accounts of alleged atrocities not only by groups like the Taliban and the Islamic State, but also involving Afghan Security Forces and government-affiliated warlords, the U.S.-led coalition, and foreign and domestic spy agencies, said Abdul Wadood Pedram of the Human Rights and Eradication of Violence Organization.

Based in part on the many statements, ICC judges in The Hague would then have to decide whether to seek a war crimes investigation. It’s uncertain when that decision will be made.

The statements were collected between Nov. 20, 2017, and Jan. 31, 2018, by organizations based in Europe and Afghanistan and sent to the ICC, Pedram said. Because one statement might include multiple victims and one organization might represent thousands of victim statements, the number of Afghans seeking justice from the ICC could be several million.

“It is shocking there are so many,” Pedram said, noting that in some instances, whole villages were represented. “It shows how the justice system in Afghanistan is not bringing justice for the victims and their families.”

The ICC did not give details about the victims or those providing the information.

“I have the names of the organizations, but because of the security issues, we don’t want to name them because they will be targeted,” said Pedram, whose group is based in Kabul.

Many of the representations include statements involving multiple victims, which could be the result of suicide bombings, targeted killings or airstrikes, he said.

Among those alleging war crimes is a man who asked The Associated Press to be identified only by his first name, Shoaib, because he fears for his safety.

Shoaib said his father, Naimatullah, was on a bus in Dawalat Yar district in Afghanistan’s central Ghor Province in 2014 when a band of gunmen stopped it and two other buses, forced the passengers off and told them to hand over their identity cards. The 14 Shiites among them were separated from the rest and killed, one by one, he said.

The slayings outraged the country. A Taliban commander was soon arrested and brought before the media, but no news about a trial or punishment was ever reported, said Shoaib, who is in his 20s.

Several powerful warlords, many of whom came to power after the collapse of the Taliban in 2001 following the U.S.-led intervention, are among those alleged to have carried out war crimes, said Pedram.

Established in 2002, the ICC is the world’s first permanent court set up to prosecute war crimes, crimes against humanity and genocide. The ICC can only investigate any crimes in Afghanistan after May 2003, when the country ratified the Rome Statute, the treaty that established the court.

ICC prosecutor Fatou Bensouda Bensouda said evidence existed of war crimes committed “by members of the United States armed forces on the territory of Afghanistan, and by members of the U.S. Central Intelligence Agency in secret detention facilities in Afghanistan,” as well as in countries that had signed on to the Rome Statute.

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