Trump dosn't want another war but his Rhetoric Could Stoke Many

Stop Impunity for Those Committing Crimes Against Humanity By Wahab Raofi Summary: The international community has a moral obligation to put an end to impunity for those committing crimes against humanity by strengthening the collective arm of law to bring perpetrators to justice. The need is nowhere so urgent as it is in Afghanistan. But this cannot be achieved without a joint effort of states and non-state institutions. Imagine a group of terrorists who blow up bridges and schools, ambush government security forces and commit crimes against humanity in the U.S., yet still are able to find safe haven in neighboring countries and enjoy the freedom to fly around and stash their wealth in world financial institutions. Unimaginable? In the U.S., it likely would not be tolerated, but this is exactly what is happening in Afghanistan. Powerful explosions outside a high school in Afghanistan’s capital this month killed at least 90 people and wounded scores more, many of them teenage girls leaving class. On social media, the Taliban denied responsibility and condemned the attack, but the Afghan government claims that these sorts of attacks occur with the Taliban’s full knowledge. Afghanistan is a bleeding wound on our humanity, yet the international community turns a blind eye to Afghan civilians suffering on a daily basis. The number of fatalities is hair-raising. The United Nations Assistance Mission in Afghanistan (UNAMA) reported that civilian casualties increased following peace talks, with the Taliban seen as responsible for most of these casualties. The question is how they get away with continuously murdering innocent civilians and still live unperturbed in a nearby country, flying around freely and stashing their wealth in not-so-secret bank accounts. The answer is the culture of impunity. The Taliban and other terrorist groups such as Al Qaeda in Afghanistan wreak havoc on innocent civilians. Instead of being brought to justice — for crimes they openly claim responsibility for — the Taliban leaders enjoy sanctuary in Pakistan, travel the Middle East and jhide their money in Gulf banks. In the fiscal year that ended in March 2020, the Taliban reportedly brought in $1.6 billion, according to Mullah Yaqoob, son of the late Taliban spiritual leader Mullah Mohammad Omar, who revealed the Taliban’s income sources in a confidential report commissioned by NATO and later obtained by Radio Free Europe/Radio. David Miliban writes in Foreign Affairs Magazine that the fight against impunity in war zones is a legal as well as a moral imperative, since the rights of civilians are delineated in UN charters, conventions and laws. Yet those who violate these laws are supported and encouraged by systems that shield them from accountability: One member of the Afghan government delegation at the Doha talks in Qatar said in an interview with Afghan media that some of the Taliban negotiating members don’t attend the meetings because they are engaged in “personal business.” The author says that the fight against impunity should be everyone's job. Corporations and businesses should refrain from doing business with those groups accused of human rights abuses and those who choose violence for political purposes. Afghanistan’s government is unable to bring the perpetrators to justice because its security forces are locked up with combating the Taliban on a daily basis. The only hope for Afghans is to appeal to international criminal courts. The International Criminal Court (ICC) opened an inquiry into Afghan civilian casualties in 2003 but has not acted. Instead, it rejected the investigation, saying it wouldn’t be in the interests of justice because the lack of cooperation meant convictions would ultimately be unlikely. But recently, Afghan foreign minister Mohammad Hajif Atmar visited The Hague Court and met with prosecutors to reopen investigations into crimes against humanity in Afghanistan. In a joint statement, Prosecutor Fatou Bensouda said she would continue to work with the government of Afghanistan on "how justice may best be served through joint collaborative efforts" while still fulfilling her own duties under the tribunal's rules. The victims of the Afghan school massacre have no hope but the ICC to bring those criminals to justice. This would send a signal to those who commit these horrendous crimes and those who shelter them a clear message that the era of impunity is over. But this not the job of ICC. To truly combat impunity for crimes against humanity, we need joint cooperation of UN members as well as of those from non-governmental institutions in public sectors. Some may argue that big powers are always in transgression of international laws, e.g. the Russian intervention in Ukraine or the Saudi massacre of Yemenis, but this must not be an excuse for ignoring justice for others who commit crimes against humanity, such as what we see in Afghanistan today. In 1998, the French jurist Louis Joinet laid out four principles for preventing impunity: the right to know about crimes and abuses, the right to justice, the right to reparations, and the right to nonrecurrence of those crimes or abuses. All four “Joinet Principles” are currently under under attack There is some hope. In his first press conference, President Joe Biden said he wants to place greater emphasis on defending human rights around the world. But the U.S. alone will not be able to achieve this without the cooperation of other states and non-state entities. The military alone will not be able to defeat those committing crimes against humanity as long as this culture of impunity and lack of willpower exists. It’s time to take the perpetrators to courts to face justice. If we fail to do so, upcoming generations could rightly blame us for doing nothing … and the blood of those teenage girls in Afghanistan will be on all our hands. In a world of liberal order, it is the obligation of humanity or UN members to countervail the culture of impunity and bring those committing the crime against humanity to face justice, especially in countries like Afghanistan, where the government is unable to implement the rule of law.