NEW YORK (SW): The Human Rights Watch (HRW) urged the Afghan President Mohammad Ashraf Ghani on Tuesday not to allow the country’s army to undermine the laws and customs of war.
The watchdog fears more and more civilian might get caught in the middle of fighting following the remarks made by the newly appointed Afghan Army Chief Maj. Gen. Qadam Shah Shahim.
According to the HRW, Gen. Shahim told troops during a visit to the 209th Shahim Corps in the northern province of Badakhshan that they “no longer have any restrictions to use artillery against the enemy.”
“You have no restrictions on night raids against specific enemy targets. You will no longer be sent to prison for your sacrifices. You will not be interrogated”, Gen. Shah has been quoted saying.
The HRW believed disavowing the laws of war encourages abuses by all parties to the conflict and places civilians at greater risk of harm.
“President Ghani should state clearly that abiding by the laws of war is a legal requirement, not a policy option,” said Phelim Kine, deputy Asia director at Human Rights Watch. “Commanders who reject the laws of war not only unnecessarily risk the lives of civilians and their own troops, but also make themselves subject to prosecution for war crimes.”
Civilians have suffered high numbers of casualties during recent fighting between Afghan security forces and the Taliban insurgency. United Nations Assistance Mission to Afghanistan (UNAMA) statistics indicates that the use of mortars and shelling has become the Afghan conflict’s leading cause of civilian deaths.
During the first four months of 2015 alone, UNAMA documented 266 civilian casualties – 62 deaths and 204 injured – from mortars and rockets, a 43 percent increase from the same period last year. UNAMA data indicate that “anti-government elements” were responsible for 73 percent of all civilian casualties from January to April 2015.
Government mechanisms for bringing military personnel to justice for violations are inadequate, HRW said.
For instance, on December 31, 2014, a rocket fired by an army unit in Sangin district of southern Helmand province fell on a wedding party, killing 27 civilians and injuring 70 others, including 24 children. Military investigators only questioned two soldiers about this incident and have not publicly released the investigation findings.
Urging upon the international community, particularly the aid organizations, the HRW has noted that government mechanisms for bringing military personnel to justice for violations remain inadequate in Afghanistan.
“Foreign donors assisting the Afghan military should make it clear that their support depends on minimizing harm to civilians and holding violators to account,” Kine said.
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