Afghan Amnesty Law Jettisons Human Rights Accountability

An Afghan law that's gone into effect gives former warlords amnesty -- i.e. immunity from prosecution -- for their war crimes and crimes against humanity committed during the armed anti-Soviet campaigns of the 1980s, and the violent civil strife and brutal Taliban rule of the 1990s.

The National Stability and Reconciliation Law, the amnesty law's bordering-on-Orwellian official name, was originally passed by Afghan lawmakers in 2007, but remained off the books for a period of time since Afghan President Hamid Karzai initially chose not to sign it.

It's unclear when President Karzai reversed course, as credible sources dispute whether the law was signed in late 2008 -- as he was gearing up for his reelection campaign and courting the political support of former warlords -- or earlier this year when it was published in an official government notice and came to the attention of international monitors.

The law would seem to leave it up to individual victims of warlords' human rights abuses to challenge their victimizers in some kind of public legal proceeding -- although, with an amnesty law in place, it's not clear if victims would even have basic legal standing to get their case heard. With gross human rights violators like Ismail Khan and Abdul Rashid Dostum continuing to wield immense political power (President Karzai nominated them to his first slate of cabinet ministers, which the Afghan parliament rejected), it's not a stretch to imagine victims who come forward being met with intimidation, harassment, and, perhaps, violent retribution for attempting to shine a light on past human rights crimes.

Furthermore, as Human Rights Watch points out, states (not individuals) have the responsibility under international law to bring human rights violators to account. So why does President Karzai, a leader who hungers for international legitimacy (at least when he needs it), think Afghanistan doesn't have to hold itself to international standards on investigating and prosecuting human rights crimes?

Hopefully, the United Nations and individual governments will encourage President Karzai and the Afghan parliament to repeal the amnesty law. In the meantime, the international community could offer to fund protection, legal advice and services, and full financial support for human rights abuse victims who are courageous enough to seek justice, defend the ideals of human rights, and help move their country forward from a bloody past. As the Afghan-led Transitional Justice Coordination Group has put it, "Accountability, not amnesia, for past and present crimes is a prerequisite for genuine reconciliation and peace in Afghanistan."

Photo credit: isafmedia