Afghanistan mull over amnesty for war criminals PDF Print E-mail
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Tuesday, 15 May 2007
The upper house of Afghan parliament passed a resolution on 20 February 2007 that calls for an amnesty for Afghans including some lawmakers and members of the government who are suspected of war crimes during a quarter-century of fighting. It is now up to President Hamid Karzai now to decide whether it should become a law or not. The amnesty covers mujahedeen leaders who led the anti-Soviet resistance in the 1980s and plunged Afghanistan into civil war in the early 1990s. Many of them sit in the current parliament.  

The resolution, which has been condemned by the United Nations and international human rights groups, was passed by the lower house on January 31. “One thing must be very clear, and it should be clear worldwide: amnesty for gross violations of human rights and for war crimes shouldn't exist,” Tom Koenigs, the U.N.'s special representative to Afghanistan, told the reporters a day before the resolution was passed.  

It is now up to the Afghan President Karzai to pass the amnesty as a law. There is however a chance that Karzai might reject resolution, it will be then voted again by the lower house and if two-thirds of lawmakers were in favor, it would still become a law. President Karzai has not made any public comment on the resolution, but his chief spokesman has said the president will not sign anything that goes against Afghanistan's constitution and has asked his lawyers to assess its legality.  

The resolution only applies to those who accept Afghanistan's constitution and government authority, so an amnesty would apply to a minority of former Taliban who have reconciled with the government, but not for current insurgent leaders such as Mullah Omar.

Tens of thousands of Afghans died during the years of civil conflict that followed the Soviet occupation. An US backed invasion in late 2001 toppled the hard-line Taliban regime and ushered in an era of democracy, but it also has seen a number of powerful warlords elevated to high office or seats in parliament. “Unfortunately, the majority of the lower and upper houses of parliament are warlords and people with blood on their hands” said Nafas Gul, a female senator of Farah province who voted against the resolution. “It's a betrayal of the rights of Afghans”.

But another senator who voted in favor said it would promote national unity. “It's a good step because we want the unity in Afghanistan. If they bring leaders of the Mujahedeen to court it will tarnish the name of jihad” said Bakhtar Aminzai, who represents Paktia province.

The amnesty in the international level is not appreciated as according to international law, genocide and war crimes are not subject to national amnesties because they are viewed as crimes against humanity. Any particular government cannot just on behalf of the rest of humanity give amnesty for the crimes. The international community, which is providing both security and aid for the Afghan Government therefore expressed opposition to a blanket amnesty for military commanders who have been accused of responsibility for the deaths of thousands of civilians and for numerous breaches of human rights during Afghanistan's three decades of war.  

In December 2007, President Karzai launched a plan to help the country come to terms with decades of human rights violations by documenting past abuses. The plan called for people who committed the crimes to be held accountable, but the government has yet to spell out what that might mean. The amnesty contradicts with this plan. President Karzai has two roads but he has to choose one.



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Last Updated ( Wednesday, 16 May 2007 )
 
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