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Amnesty for Afghan War Criminals?
Proposed bill has rights groups steamed. A Tyee report from Kabul.
Scene from play, staged Friday in Kabul, critical of warlords. Photo by Jared Ferrie.
A ripple of laughter passes through a crowd of about 1,500 packed into a Kabul wedding hall last Friday afternoon. Onstage, warlords sit on plastic chairs talking to an American in a slick dark suit and shades. "I have to go to a meeting now," the American says abruptly as the warlords rise from their seats in protest. "Don't worry, we'll support you."
The play is funny, but its subject is potentially explosive. Afghanistan's government is riddled with former and current warlords. The play is an overt criticism of a bill they recently pushed through both houses of parliament that would give blanket immunity to those among them who committed atrocities during the Afghan civil war.
The bill has Afghanistan's president in a tough spot. If Hamid Karzai supports the warlords in their quest for amnesty, he will anger Afghans who remember the tens of thousands killed, tortured and raped during civil war in the 1990s. If he doesn't, he risks the stability of his own government.
Already facing a rising Taliban insurgency in the south, Karzai can ill afford to raise the ire of warlords who still control formidable militias. Last month, some of them gathered 25,000 people together in Kabul to rally in support of the resolution.
Memories of past atrocities
Human rights groups, along with many ordinary Afghans, want a special court set up to charge war criminals. Among their many allegations is the claim that armed groups indiscriminately rained down rockets on Kabul between 1992 and 1996, laying the capital city to waste.
Many of those watching the play in Kabul experienced the horror of those years first-hand, according to Danish Hamed of the Revolutionary Association of the Women of Afghanistan, which organized Friday's event. "In Kabul, 65,000 people got killed in four years," she said. "Thousands of girls got kidnapped. Their families are still in Kabul."
As long as war criminals remain on the loose, instability and lawlessness will persist, she said.
"They should be brought to justice in Afghanistan in front of the eyes of all those people who were victims of these crimes."
International condemnation
The resolution has also provoked a strong response internationally. United Nations High Commissioner for Human Rights Louise Arbor, a former Canadian Supreme Court Justice, condemned it two days after the lower house gave its approval.
Vittorio Agnoletto, an Italian member of the European parliament who was visiting Kabul independently, attended the play and addressed the crowd. In an interview, he said it was "incredible" that those accused of well-documented war crimes could hold public office.
"But the most incredible thing is that our governments -- I'm thinking about the Western governments -- are allies with this government that inside it has a lot of (alleged) criminals," he said.
Danish Hamed admitted that Karzai has little power to decide who gets prosecuted for war crimes.
"It's not only Karzai, but America, because America supported these warlords," she said. "And America should admit that it was a mistake."
Agnoletto wants current U.S.-dominated international military force to be withdrawn and replaced by UN peacekeepers.
Forgive and forget?
As the actor playing the American strides briskly offstage, a woman acting as a western television reporter steps up to interview the warlords about the amnesty bill.
No individuals are to blame for the atrocities of war, they tell her. Afghanistan must move beyond its bloody past.
The resolution calls for all factions who fought each other in the past 25 years to forgive each other for the sake of "national reconciliation."
"They should not be dealt with through legal and judicial channels," it states.
Karzai buys time
On Saturday, the day after the play in Kabul, Karzai bought himself some time by sending the resolution back to parliament to be revised. The new bill grants amnesty to warring groups and puts the onus on victims, rather than the state, to pursue charges against individuals.
Outspoken parliamentarian Shukria Barakzai has told reporters that she is "confused" by the new bill's seemingly contradictory wording. And it is unclear if and when parliament will send it back to Karzai to sign.
Senior officials implicated
If the bill fails and human rights groups get their way, key members of Karzai's government could be charged with war crimes. Human Rights Watch has criticized Karzai for "trying to bring all political forces under his umbrella" and condemned the U.S. for relying on warlords to help fight its "war on terror."
The organization has laid allegations against Vice President Karim Khalili, Army Chief of Staff Rashid Dostum, former prime minister Burhanuddin Rabbani and prominent lawmaker Abdul al-Rassul Sayaf, among others.
All of those aging warlords -- which the group accuses of continuing to misuse power -- are represented onstage in Kabul, the actors doing impressions of them that the audience clearly finds amusing.
In the play, a student has the last word. "If Karzai signs this bill, that means he is also a criminal," she tells the television reporter.
Related Tyee stories:
- Afghanistan: Wrong Mission for Canada
- 'Like Giving Germany Back to the Nazis'
- Taliban Tenacity
- Canada Out of Afghanistan



15
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Chris H
5 years ago
What are we supporting?
Canadian soldiers are dying to prop up a government heavy with war criminals? This is shameful. I was initially supportive of our troops going to Afghanistan, but not anymore. If the Afghani government passes this resolution, I suggest an immediate pullout. Canada cannot be seen to be supportive of war criminals. Period!
bpither1
5 years ago
I'll Say it Again
The whole Canadian folly in Afghanistan reminds me of Heart of Darkness by Conrad. History may not necessarily repeat itself but "it sure does rhyme" as Mark Twain said. We've got money to throw down a bottomless dark foreign pit but when it comes to dealing with the seriousness of domestic homelessness where is the funding? It just doesn't add up.
flattax
5 years ago
Get real
Why do people oppose forgiving war criminals in the stan, when perhaps the same people in the UN did not oppose the "truth and reconciliation" of terrorist ANC members in South Africa? The current governemnt in South Africe is packed with ANC terrorists. Mandela was a terrorist.
Hipocracy.
kurt
5 years ago
free speech
That dissidents, and women, feel free to express their opinions, along with public performances of satire directed at living politicians, speaks to the recent successes in Afghanistan. Good for them. Maybe there is hope for 'stan.
Chris H
5 years ago
And a communist!
Don't forget communist as well as terrorist, flattax. Nelson Mandela was condemned by the South African aparthied supporters with that as well. Heck, you might as well call all those soldiers that overthrew the Taliban government in Afghanistan terrorists as well. Forget how illegit the regime was (as was South Africa's aparthied government). Anyways, Nelson Mandela can curl up with his Nobel Prize he got in 1993, so I doubt he is too worried what the aparthied racists thought of him.
RickW
5 years ago
Canada's government will support "forgiveness"
....if only because it is entirely possible that OUR leaders will commit some atrocity (yes, even in Canada!), and they would certainly want to be forgiven for it. It's only a variation of the ol' boys club........
alive
5 years ago
if you will pardon me
It's only a variation of the ol' boys club........
You got it!We have seen stranger alliances before.
"Winners look out for winners" I believe is the motto in those circles
flattax
5 years ago
very true rickw
the liberals committed a "fiscal atrocity" with the sponsorship program. (an atrocity, canadian style) and yet no single politician was charged. only a few quebec ad agency fall guys. seems like there is a forgiveness campaign in the govermnetn of canada as well...except it was never debated in parliamant and is not discussed.
Frank
5 years ago
Corruption
The Cdn political system is so corrupt we're living in a glass house when we look at Afghanistan.
However, the warlords in Afghanistan have to go. It would be wrong for Canada to turn on them but we should offer our full support for any measure the Afghan gov't takes against them.
Canada should not act like the US, we shouldn't impose our will on anyone, we are there to help the Afghans, not remake them in our image.
RickW
5 years ago
However, the warlords in Afghanistan have to go.
Strangely enough, the warlords (and the poppies) did not flourish under the Taliban...........
Frank
5 years ago
Strangely
Hard for warlords to flourish under a criminal regime like the Taleban. Be like being under the Hell's Angels.
RickW
5 years ago
The warlords live for poppy production.
No poppies, no warlords.
Mexican president Calderon called on the United States to straighten out it's own house, and control rampant drug use and abuse, because he cannot control the gangs in Mexico, just as Aghanistan cannot control the warlords there.
This is a "Well, Duh!" moment.
North of Hope
5 years ago
United States Crime
Rick W. said:
"Mexican president Calderon called on the United States to straighten out it's own house, and control rampant drug use and abuse, because he cannot control the gangs in Mexico, just as Aghanistan cannot control the warlords there."
The problem is that the US or Canadian government can't control the crime warlords as well.
Frank
5 years ago
Warlords and poppies
I'd like to hope people don't have to wish for criminals like the Taleban in order to clamp down on other criminals.
I admit, I could be naive :-)
RickW
5 years ago
North of Hope
The only sane way of "controlling the crime warlords" is to get the citizens to stop using. Ya know....in the best tradition of free enterprise, remove demand. Anyone ever stop to ask why we have such a drug culture.........?