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In sidelining justice for peace, Afghanistan has wound up enjoying neither.

By Neha Dwivedi for The Diplomat

July 20, 2017

Earlier this month, former warlord and Afghanistans first vice president Abdul Rashid Dostum met with the leaders of two Afghan mainstream political parties to discuss the need to reform the government. Another warlord and Balkhs governor Atta Mohammad Noor accused President Ashraf Ghani of monopolizing power and political autocracy.

Against the the backdrop of a bloody offensive by the Taliban and a political crisis unfolding in Kabul, the key issue of justice has once again come under question. With the warlords now threatening the stability of the government, the Afghan governments approach usingamnestyto achieve peace has come to haunt Afghanistans transition toward democracy.

Limitless Amnesty

Amnesty has been a long-accepted strategy to end hostility and forge peace agreements. Providing amnesty for certain crimesis one of the elements of the disarmament process, meant for achieving peace and stability. The importance of amnesty is reflected in Article 6(5) of Protocol II to the Geneva Conventions, which talks about granting the broadest possible amnesty to persons who have participated in hostilities. The article, however, doesnt specify what crimes are entitled tothe provision of amnesty.

To avoid confusion, the International Committee of the Red Cross (ICRC), in its reinterpretation of the article, asserted that the article encouraged amnesty only for wartime crimes of hostility that are consistent with international humanitarian obligations and not for war crimes that would violate them. The hostility here may refer to acts of mere hostility such as treason, sedition, and rebellion. While amnesty remains an important aspect of the peace-building process, there is increasing recognition that limitless amnesty may hurt the process of state building. Internationally, there are growing demands for statesto prosecute certain crimes such as genocide, torture, and selected war crimes.

The failure of former Afghan President Hamid Karzai to document past war crimes and the decision of Ghani to continue with the Amnesty Law, which provides blanket amnesty to those involved in the past and present conflicts, brought into light the need for transitional justice in Afghanistan. There has been a growing demand among Afghan civil society activists that the International Criminal Court (ICC) must open investigation into war crimes and crimes against humanity in Afghanistan. One member of the Afghanistan Transitional Justice Coordination Group, Horia Mosadiq, while calling upon the ICC to initiate a full investigation into the situation in Afghanistan, said:

We have witnessed the adoption of six peace agreements in the last 40 years, each accompanied by blanket amnesties for perpetrators of the most heinous crimes in the name of peace. Today we have neither peace nor justice for the thousands of victims still suffering from the waves of repression and violence in Afghanistan. It is time for accountability for these crimes.

According to the 2016 report by the ICC Office of the Prosecutor (OTP), since the Afghan government signed the Rome statute on May 1, 2003, war crimes and crimes against humanity have occurred in Afghanistan butno one had been prosecuted for such crimes in this period so far. As the OTP deliberated its decision to ask the ICC Pre-Trial Chamber to open an investigation, the Afghan government requested a delay, as such an act could derail the peace deal with Hezb-i-Islami and its leader, GulbuddinHekmatyar. According to a Human Rights Watch report, at the height of fighting in July and August 2002, Hekmatyars forces destroyed hundreds of homes in Kabul and raped women during offensive operations.

As part of the peace deal between the Afghan government and Hezb-i-Islami, Hekmatyars name was removed from the UN sanctions list. This was done in the hope that the Taliban would follow suit and join a similar peace process. But, this appears far from happening, considering Talibans growing offensive in the region.

In his speech at the Presidential Palace in May 2017, Hekmatyar stressed the importanceof forgetting the past. He added thatthere is no court in Afghanistan to prosecute warlords. The government is not strong enough to do so. Personally, I am not interested in the prosecution. This appears to be true in the case of Dostum who allegedly ordered the torture and rape of a former politician and ex-governor of Jawzjan province, Ahmed Ishchi. Even as Ghanis attorney general opened a criminal case against Dostum and his nine bodyguards, Dostum flew to Turkey with no charges filed against him. He had done so previously in 2008 over allegations that his personal militia had abducted, beaten, and sexually assaulted a political rival in Kabul. The failure of the Afghan government to prosecute Dostum reflects the shortcomings of Afghan judicial institutions.

The lack of clarity to address certain crimes remains a concern for the credibility and legitimacy of the Afghan government. Although the Cabinet approved a new draft penal code to criminalize war crimes, genocide, crimes against humanity, and aggression on March 2, 2017, it is yet to approved by the Parliament.

In the last three decades, no party in Afghanistan has shown interest in demanding justice for past crimes. The politics of accommodation and short-term measures for achieving stability have further delayed the progress to bring forth the truth. In a country that is still in the conflict phase, transitional justice remains a young field. As often argued by proponents of justice-based transitions, the failure of governments to hold perpetrators of grave crime responsible could lead to retributive violence, and a descent back into civil war. As the same warlords, some of whom have now become politicians, threaten to overturn the government, it remains to be seen if Ghanis gambit for peace over justice pays off or costs the people of Afghanistan a stable government.

Neha Dwivedi is a postgraduate research scholar at the Department of Geopolitics and International Relations, Manipal University.

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Afghanistan: Choosing Peace Over Justice - The Diplomat

The United States Department of State on Wednesday listed Pakistan among the nations and regions providing "safe havens" to terrorists.

The Afghan Ministry of Defense on Thursday welcomed the United States decision to list Pakistan among the nations and regions providing "safe havens" to terrorists.

The Defense Ministry spokesman Mohammad Radmanish said Afghanistan wants terrorists safe havens eliminated in Pakistan.

Pakistan must be pressurized in order to fight against terrorism and oust them (terrorists) from that country, Radmanish stated.

On Wednesday, the United States Department of State listed Pakistan among the nations and regions providing "safe havens" to terrorists, saying terror groups like Lashkar-e-Taiba and Jaish-e-Mohammed continue to operate, train, organise and fundraise inside the country in 2016.

In its annual 'Country Report on Terrorism', as mandated by the Congress, the U.S. State Department said that Pakistani military and security forces undertook operations against groups that conducted attacks within Pakistan such as Tehrik-e-Taliban Pakistan.

"Pakistan did not take substantial action against the Afghan Taliban or Haqqani, or substantially limit their ability to threaten U.S. interests in Afghanistan, although Pakistan supported efforts to bring both groups into an Afghan-led peace process," the State Department said.

"Pakistan did not take sufficient action against other externally focused groups, such as Lashkar-e-Taiba (LeT) and Jaish-e-Mohammed (JeM) in 2016, which continued to operate, train, organize, and fundraise in Pakistan," the report said.

In a separate chapter, the State Department listed Pakistan as one of the safe havens of terrorism.

The State Department said that numerous terrorist groups, including the Haqqani Network (HQN), the LeT and JeM continued to operate from Pakistani soil in 2016.

"Although LeT is banned in Pakistan, LeT's wings Jamaat-ud-Dawa (JuD) and Falah-i-Insaniat Foundation (FiF) were able to openly engage in fundraising, including in the capital," it said.

"LeT's chief Hafiz Saeed (a UN-designated terrorist) continued to address large rallies, although in February 2017, Pakistan proscribed him under relevant provisions of Schedule Four of the Anti-Terrorism Act, thus severely restricting his freedom of movement," it noted.

The 2015 ban on media coverage of Saeed, JuD, and FiF continued and was generally followed by broadcast and print media, it said.

According to the State Department, the Pakistani government did not publicly reverse its December 2015 declaration that neither JuD nor FiF is banned in Pakistan, despite their listing under UN sanctions regimes, although in January 2017, Pakistan placed both organizations "under observation" pursuant to Schedule Two of the Anti-Terrorism Act.

Meanwhile, a number of Afghan analysts said they welcome the Afghan governments efforts to convince the international community to put more pressure on Pakistan.

Afghanistan should conduct its lobbying activities smartly in this situation in order to sideline Pakistan, said Nasrullah Stanekzai, university lecturer.

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Afghanistan Welcomes US Move Against Pakistan - TOLOnews

The U.S. Air Force data indicates that 1,634 munitions had been drooped in Afghanistan as of June and majority of the airstrikes had targeted the Taliban.

Newly released U.S. Air Force figures indicate that Donald Trump's administration has ramped up the American air war in Afghanistan, dropping 1,634 bombs on terrorists so far this year.

The figures shows an increase of more than 65 percent from the 545 airstrikes launched during the same period in 2016, military data shows.

According to the U.S. Air Force figures, U.S. Central Command (CENTCOM) had dropped 1,634 munitions in Afghanistan as of June 30, marking a dramatic increase from the same period in 2015 (298) and the following year (545).

CENTCOM oversees U.S. military operations in Afghanistan and the Middle East.

The data shows that the number of munitions dropped in Afghanistan this year has already exceeded the total 947 and 1,337 during all of 2015 and 2016, respectively.

According to a report by the Washington Post, U.S. Navy Capt. Bill Salvin, a spokesman for the U.S.-led mission in Afghanistan, indicated that majority of the airstrikes launched this year have targeted the Taliban.

The report added that the U.S. military also attacked the Islamic State (ISIS/ISIL) also known as Daesh, but to a lesser extent.

By the time U.S. President Dolan Trump took office, the Taliban had gained control of more territory than during any other time since the U.S. military removed it from power in 2001.

Former U.S. President Barack Obama declared the U.S. combat mission over in Afghanistan at the end of 2014.

The U.S. Air Force figures show that the number of airstrikes decreased nearly every full year after 2014, which covers American airstrikes between 2012 and the end of June of this year.

The number of bombs launched so far this year is on track to come close to the 4,083 dropped in 2012, the figures show. American military pilots dropped more bombs in 2012 than during any other year covered by the U.S. Air Force data.

By the end of 2012, the Obama surge troops had returned home, and his withdrawal plans were underway.

U.S. president has granted the military broader authority to target jihadists in Afghanistan, allowing the Pentagon to set the number for the expected increase in the U.S. military's footprint in the war-ravaged country.

On Tuesday, Trump had lunch with a group of senior service members in a bid to come up with ideas on fighting the war in Afghanistan.

Trump said before the lunch that he wants "to find out why we've been there for 17 years, how it's going and what we should do in terms of additional ideas."

He said: "We have plenty of ideas from a lot of people, but I want to hear it from people on the ground." This comes as Trumps aides search for an improved strategy in tackling the war a war that has been ongoing for 17 years.

It was widely expected that Trumps new strategy would be unveiled by mid-July, however this has not happened.

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Report Shows US Has Ramped Up Its Airstrikes In Afghanistan - TOLOnews

McCain underwent surgery to remove a blood clot on Friday at Mayo Clinic Hospital in Phoenix. Lab results from that surgery confirmed the presence of brain cancer.

McCain was "tough as a boot and ready to go at every moment," she told CNN's Phil Mattingly. "When you travel with John McCain, you get up early and you work until late at night because that's who he is."

Warren said she had no sense at the time that the 80-year-old, who had previously successfully battled skin cancer, was ill.

Despite being from opposing parties, Warren said she has been able to find some common ground with the 2008 Republican presidential nominee.

"He was really strong on breaking up the giant banks, things that pose a real risk to the economy and he didn't mind saying so," she said.

Warren praised McCain, who was a prisoner of war during Vietnam, for vocalizing that there is no "military-only solution" in Afghanistan.

"He was really pounding on the Trump administration to make sure that we had a full compliment of our diplomats," she said. "And that we need a strategy before we send more people into Afghanistan."

"There are places where we don't agree, but there are some key places where we did," Warren added.

Warren, a frequent critic of President Donald Trump, pounded him for expressing his frustration with Attorney General Jeff Sessions for recusing himself from the ongoing investigation into Russia's interference in the 2016 presidential election.

"I didn't think Jeff Sessions should be attorney general of the United States at all. I thought he was disqualified to begin with," she said. "He had been back in the 1980s turned down by this Congress for being too racist to be confirmed as a federal judge."

While Warren didn't want to see Sessions become the country's top law enforcement official, she said his recusal was the appropriate thing to do.

"Once he was confirmed, he followed the rules that are in place at the Department of Justice on recusal," she said. "And for Donald Trump to say, 'Gee, I had in mind to have an attorney general who would not follow the law' is just stunning. And it tells you once again that Donald Trump is out for exactly one thing, and that is to protect the skin of Donald Trump."

Warren graded Trump on his key campaign promise to "drain the swamp."

"Donald Trump promised repeatedly during the campaign that he would drain the swamp, so I want to hold him accountable for that," she said. "And it turns out that not only has he not drained the swamp, he has brought in -- we actually did one more count last night -- 193 corporate lobbyists, CEOs and executives of big, giant corporations and industry consultants."

"That's who he's bringing in every part of government and its having an impact on every part of government," added Warren. "That's why I give Donald Trump an 'F' on his promise to drain the swamp."

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Warren: McCain 'tough as a boot' on recent Afghanistan trip - CNN International

Wai Yan Htun, 18, a member of Myanmars team who stopped to get the Afghans signatures on his shirt, said: We love them. Theyre like superheroes in this competition.

Colleen Elizabeth Johnson, 18, one of three teenagers representing the United States, said: Theyre celebrities here now. Theyre getting the welcome they deserve.

Before their first match Tuesday morning, the six Afghan teenagers were paired with the United States and four other all-female teams for a demonstration match for Ivanka Trump, the presidents daughter and adviser. Ms. Trump then spoke briefly to the crowd, applauding the students work and dedication.

For many of you who have traveled great lengths to be here, we welcome you, she said, turning to smile at the six Afghan girls. Its a privilege and an honor to have you all with us.

In the competition, teams of three, equipped with kits that included wheels, gears and two video game controllers, chased down blue and orange balls, which represented clean and contaminated water. In two-and-a-half-minute rounds, teams guided the robots to sweep the balls into openings based on their color.

Its way more fun, way more exciting than bouncing a ball, said Dean Kamen, one of the organizations founders and inventor of the Segway. Thats not a competition out there. Thats a celebration.

It was certainly a celebration for Roya Mahboob, a renowned Afghan technology entrepreneur who interpreted for the teenagers and came on behalf of her company, Digital Citizen Fund, a womens empowerment nonprofit that sponsored the Afghan team.

The six students were chosen from an initial pool of 150 applicants. They built their robot in two weeks, compared with the four months some of their competitors had, because their kits shipment was delayed.

Im just proud that we show the talent of the women, Ms. Mahboob said. We see that there is change.

The Afghan robot, named Better Idea of Afghan Girls, lurched across the terrain for the first round and skirted out of bounds, but 15-year-old Lida Azizi, a teal-colored braid dangling from under her white head scarf, flashed her teammates a thumbs-up as they cheered in Dari and applauded. As the competition progressed, they continued to make adjustments as they got used to driving their robot, an Afghan flag carefully attached.

While the team did not place in the top ranks overall, their final performance, they agreed, was better than they had hoped for. Team Europe took the gold, while the Polish and Armenian teams took silver and bronze, respectively.

I am so happy and so tired, Alireza Mehraban, an Afghan software engineer who is the teams mentor, said after the competition concluded.

Mr. Mehraban said the contest had been an opportunity to change perceptions about the girls country. Were not terrorists, he said. Were simple people with ideas. We need a chance to make our world better. This is our chance.

Yet with more than 150 countries represented in the competition, the Afghan teenagers were not the only students who overcame bureaucratic and logistical challenges to showcase their ingenuity. Visa applications were initially denied for at least 60 of the participating teams, Mr. Kamen said.

On Monday, with the news media swarming the Afghan girls, a team from Africa five Moroccan students who also got their visas two days before the competition huddled in a downstairs corner to repair their robot, which had been disassembled for last-minute shipment. An American high school built a robot on behalf of the Iranian team when sanctions on technology exports stopped the shipment of their materials kit. And on Sunday, the Estonian team built a new robot in four hours before the opening ceremony, the original lost in transit somewhere between Paris and Amsterdam.

But it was the Afghan team and Team Hope, which consists of three Syrian refugee students, that ensnared the attention of the competitors, the judges and supporters.

The high school students exchanged buttons and signed shirts, hats and flags draped around their shoulders. The Australian team passed out pineapple-shaped candy and patriotic stuffed koalas to clip on lanyards, while the Chilean team offered bags with regional candy inside.

God made this planet for something like this, all the people coming together as friends, said Alineza Khalili Katoulaei, 18, the captain of the Iranian team, gesturing to the Iraqi and Israeli teams standing nearby. Politics cannot stop science competitions like this.

During Tuesdays awards ceremony, judges awarded the Afghans a silver medal as part of an award for courageous achievement, giving gold to the team from South Sudan.

The crowd roared and waved flags as the teenagers accepted their medals and waved.

It was the first medal Fatemah Qaderyan, 14, of the Afghan team had ever earned, and through a translator, she explained that she planned to hang it in her room and show it to all of her friends.

I am so excited, and very, very happy, she said, turning the medal over in her hands. I still cant believe this happened.

Even after the team changed into traditional dresses and scarves for a reception at the Afghan Embassy, they kept their medals on. On Wednesday, they will tour Capitol Hill before returning Thursday to Afghanistan.

We dont have the words to say how happy we are, said Rodaba Noori, 16. So proud of ourselves.

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A version of this article appears in print on July 19, 2017, on Page A6 of the New York edition with the headline: Afghan Girls, Once Denied Visas, Win Limelight at Robotics Contest.

Original post:
Afghan Girls' Robotics Team Wins Limelight at Competition - New York Times