Afghanistan considering war crimes court
After 25 years of fighting that left more than a million dead, Afghanistan’s government is considering setting up a special war crimes court and a truth-seeking commission to document atrocities, an official said.
The news follows a comprehensive report on human rights abuses, the first since the late 1970s, which blames some of the worst atrocities on several top officials and candidates in coming legislative elections.
Those named include Chief of Army Staff Abdul Rashid Dostum and Second Vice President Karim Khalili.
Bringing them to justice would be risky for US-backed President Hamid Karzai. It could inflame ethnic tensions and alienate powerful regional strongmen whose support the government needs as it struggles to contain an escalating Taliban-led insurgency.
The government is expected to decide in the coming weeks on a proposal to deal with crimes committed during the years of warfare – from the 1978 communist coup through the Soviet occupation, the ensuing fighting between warlords, the rise of the repressive Taliban and its subsequent US-led overthrow in 2001 – said Ahmad Nader Nadery, a commissioner with the Afghan Independent Human Rights Commission.
The plan, drawn up by the state-sponsored commission and UN human rights officials, calls for an immediate ”vetting process” to remove officials from government if there is war crime evidence against them, Nadery said.
Afghanistan’s justice system isn’t thought to be strong enough now to prosecute those accused of atrocities, and the vetting is a stopgap until the courts can be reformed.
Over the next two years, government investigators would collect evidence against suspects, and prosecutors would then be appointed to prepare cases for court, Nadery said.
Trials, however, would be unlikely to start for another five years, when a special war crimes court would be set up with international and Afghan judges for those facing the most serious charges, he said.
“We can’t try everybody, so we would also set up a mechanism so others accused of less-serious atrocities recognise their crimes,” Nadery said. “And then they are forgiven.”
He said the truth commission was needed to “promote national reconciliation and peace”.
Nadery said details of the commission still had to be worked out, and that South Africa’s Truth and Reconciliation Commission had been reviewed, but was not being used as a model.
Karzai today left for a visit to Britain and Italy to discuss Afghanistan’s economic development and other issues with the two important allies.
He is heading a ministerial delegation on the week-long trip, which will include talks with Prime Minister Tony Blair and an audience with the Queen and Prince Charles, said government spokesman Rafiullah Mujaddedi.
Travelling with Karzai were senior government advisers and ministers, including foreign minister Abdullah Abdullah and interior minister Ali Ahmad Jalali, he said.
During a two-day stop in London, Karzai will meet Defence Secretary John Reid and other senior officials. Talks are expected to focus on British assistance for Afghanistan and future business co-operation between the two countries.
An increase in Taliban-led rebel violence that has left more than 700 dead since March is also likely to be on the agenda. US and Afghan officials have warned that the bloodshed threatens crucial legislative elections in September.
Karzai is also expected to attend a gathering of Afghans living in London, which is still reeling from terrorist bombings on July 7.
The Afghan delegation will then travel to Italy to meet its leaders, Mujaddedi said without giving details.
