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April 30th, 2016 
Awake Goy 
Christof Lehmann (nsnbc) : USCENTCOM released a heavily redacted report on the air raids against an MSF operated trauma clinic in Kunduz, Afghanistan. 42 died. The report describes the incident as tragic error and 16 were either removed from command, received a note in their record or were sent to retraining or psychotherapy. MSF sharply criticized that the U.S. military was allowed to investigate itself and calls for an independent investigation and accountability. However, there is no accountability with regard to international law when it comes to permanent UN Security Council members USA, China and Russia.
U.S. Military Investigates Itself After Deadly Attack On Kunduz Trauma Hospital
Joseph L Votel, USCENTCOM
USCENTCOM released its 3,000 pages, heavily redacted version of its report following the Defense Department’s and U.S. military’s investigation into the air raids against a trauma clinic operated by Doctors Without Borders in Kunduz, Afghanistan, on October 3, 2015. (The released report can be accessed HERE). The investigation was conducted Pursuant to Army Regulation 15-06. That is, the military that committed, what according to MSF and others amounts to a war crime, investigated itself.
The United States’ Air Force killed 42 people in the attack, including 14 MSF staff members, 24 patients and 4 caretakers. The trauma hospital was entirely destroyed and had to cease operating after the attack. MSF stressed that it had informed all belligerent parties, including the Afghan government and the U.S. Air Force about the exact coordinates of the hospital, and that MSF had implemented a strict “no weapons at the hospital policy”.
One officer was suspended from his command and removed from Afghanistan, seven received letters of reprimand, six were sent to counseling and two were ordered to undergo retraining courses. It is noteworthy that non of these 16, nor any of their superiors will be tried, let alone held responsible in accordance with international law. Doctors Without Borders (MSF) described the air raids against the trauma clinic as a war crime.
MSF Calls For Independent Investigation, Accountability And Assurances Of Non-Repetition
An MSF staff worker walking through the ruins of the Trauma Hospital in Kunduz, hours after the air rain on October 3, 2015.
Doctors Without Borders responded to the release of the report and an executive briefing by the head of U.S. Central Command, General Joseph Votel, saying that MSF will take the time necessary to examine the U.S. report, and to determine whether or not the U.S. account answers the many questions that remain outstanding seven months after the attack. MSF reported that it acknowledges the U.S. military’s efforts to conduct an investigation into the incident. However, MSF stressed that today, MSF and other medical care providers on the front lines of armed conflicts continually experience attacks on health facilities that go uninvestigated by parties to the conflict.
MSF particularly stressed that it cannot be satisfied solely with a military investigation into the Kunduz attack. MSF’s request for an independent and impartial investigation by the International Humanitarian Fact Finding Commission has so far gone unanswered. MSF President Meinie Nicolai said:
“Today’s briefing amounts to an admission of an uncontrolled military operation in a densely populated urban area, during which U.S. forces failed to follow the basic laws of war. …It is incomprehensible that, under the circumstances described by the U.S., the attack was not called off. …The threshold that must be crossed for this deadly incident to amount to a grave breach of international humanitarian law is not whether it was intentional or not,” said Nicolai. “With multinational coalitions fighting with different rules of engagement across a wide spectrum of wars today, whether in Afghanistan, Syria, or Yemen, armed groups cannot escape their responsibilities on the battlefield simply by ruling out the intent to attack a protected structure such as a hospital.”
“We can’t put our teams – including our colleagues who survived the traumatic attack – back to work in Kunduz without first having strong and unambiguous assurances from all parties to the conflict in Afghanistan that this will not happen again. …We need an explicit agreement from all parties to the conflict, including the Afghan authorities and the U.S. military, that there will be no military interference or use of force against MSF medical facilities, personnel, patients and ambulances. Equally, we must be assured that MSF staff can safely provide medical care based solely on medical needs, without discrimination, and regardless of their religious, political or military affiliations. Every day that passes without securing these assurances adds to the death toll from the attack, given the loss of lifesaving medical services to people in the region.”
MSF denounced the administrative punishment of the 16 who were implicated in the killing of 42 and the injuring of scores of others as disproportionate. The NGO stressed that the lack of meaningful accountability sends a worrying signal to warring parties, and is unlikely to act as a deterrent against future violations of the rules of war. MSF also stressed that it, at the same time, has become clear that the victims and their families have neither the option to pursue legal action against the U.S. military, either in Afghanistan or in the U.S., nor to claim compensation for loss of life and livelihood. This has only compounded the devastation of the attack, concluded MSF.
No Accountability For Permanent UN Security Council Members USA, China and Russia
Neither the USA, nor China or Russia have made themselves or their citizens subject to the Rome Statue and the International Criminal Court. Ironically, the United States is one of the main drivers behind the prosecution of alleged war criminals at the ICC.
It is a matter of fact that the permanent UN Security Council Members USA, China and Russia are today above the law when it comes to violations of the Geneva Conventions and the most serious crimes recognized by the international community in general.
Being prosecuted at the ICC is, usually, a privilege of those who are perceived enemies to the United States and its NATO allies. In that regard, MSF’s call for an independent investigation and calls for accountability should result in more than “petitions”.
A step in the right direction would be a call on non-aligned and other countries to consider an entirely new system of international law and jurisdiction that is less biased towards favoring the big bullies.
CH/L – nsnbc 30.01.2016
Source Article from http://nsnbc.me/2016/04/30/attack-on-msf-hospital-highlights-lawlessness-for-permanent-security-council-members/
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