UN investigators into political violence in Mali reported to the Security Council that they found evidence that government forces have committed "war crimes," while jihadists and other armed groups perpetrated "crimes against humanity." The allegations are made in a 338-page report compiled by the International Commission of Inquiry, a three-member panel examining events in Mali over the six years after it spiralled into conflict in 2012. The Commission was created in January 2018 as part of the Agreement for Peace & Reconciliation between rebels and the government, which was signed in 2015 after years of fighting. The report, which has not yet been made public, recommends establishing a special court to try accused perpetrators. (France24, Dec. 23)
President Trump has ordered the withdrawal of nearly all US troops from Somalia by mid-January, the Pentagon announced Dec. 4. The US currently has about 700 troops in the country, assisting local forces to fight al-Shaabab and insurgents operating in the name of the Islamic State. The Pentagon statement stressed that the order to "reposition the majority of personnel and assets out of Somalia by early 2021" does not signify a change in policy: "We will continue to degrade Violent Extremist Organizations that could threaten our homeland while ensuring we maintain our strategic advantage in great power competition."
Somali troops clashed with forces from the country's semi-autonomous Jubaland region last week in a flare-up of violence that is raising tensions with neighboring countries and may play into the hands of the militant group al-Shabab. Tensions have been rising since August, when Jubaland's incumbent president, Ahmed Madobe, won regional elections that Mogadishu described as "not free and fair." The central government wanted a loyalist candidate to win, as it seeks greater control over Somalia's regions ahead of upcoming national elections. Kenya, which has troops deployed as part of an African Union peace enforcement operation, is on the side of Madobe, who it sees as an ally against al-Shabab, while Ethiopia has aligned with Mogadishu. Kenya accused Somali troops of encroaching on its territory and destroying property during last week's violence, while the US said that the clashes are a distraction in efforts against al-Shabab. An estimated 56,000 people have been uprooted by the recent fighting. according to the UN.
The Appeals Chamber of the International Criminal Court (ICC) on March 5 unanimously approved an investigation into allegations of war crimes committed by both sides in the Afghanistan conflict. The investigation will focus on "alleged crimes committed on the territory of Afghanistan in the period since 1 May 2003, as well as other alleged crimes that have a nexus to the armed conflict in Afghanistan." The Pre-Trial Chamber had rejected a request to open an investigation last year, but the prosecutor appealed based on Article 15 of the Rome Statute. The appeal attempts to resolve the apparent disparity between Article 15, mandating investigations when a prosecutor provides a "reasonable basis to proceed," and Article 53, which allows the court discretion in the interest of justice.The Appeals Chamber’s decision overturned the Pre-Trial Chamber's ruling on the grounds that the determination that the investigation "would not serve the interests of justice" and was an abuse of discretion.
More than a year of US-Taliban negotiations bore formal fruit Feb. 29 with the signing in Doha of what is being called a "peace deal" by Washington's envoy Zalmay Khalilzad and Mullah Abdul Ghani Baradar, named as leader of the Islamist group. The pact calls for the US to withdraw its military forces from Afghanistan in 14 months if the Taliban fulfills its commitments under the agreement. Afghanistan's government must release 5,000 Taliban prisoners before March 10, after which the "intra-Afghan" talks are to start, with the aim of negotiating a permanent ceasefire. The signing of the pact follows a one-week "Reduction in Violence" by the Taliban. (Khaama Press, NPR, Al Jazeera)
A spokesman for the UN Office of the High Commissioner for Human Rights (OHCHR) said Nov. 19 that he is "very concerned" by President Donald Trump's pardons of two US army officers and the restoration of rank of a Navy SEAL. The president last week granted full pardons to Army First Lieutenant Clint Lorance and Army Major Mathew Golsteyn, and restored Special Warfare Operator First Class Edward Gallagher to his previous rank of chief petty officer. Rupert Colville, spokesman for the OHCHR, said the pardons sent "a disturbing signal to militaries" around the globe, noting that international law requires the investigation and prosecution of war crimes, and that the pardons "simply void[ed]" the legal process. Colville was "particularly troubled" by the pardon issued to Golsteyn, who was still awaiting trial on charges of murdering an unarmed Afghan man during his deployment in 2010.
Human Rights Watch said on Oct. 31 that US Central Intelligence Agency-backed Afghan forces have committed summary executions, disappearances, attacks on medical facilities, and other "grave" offenses. These paramilitary forces are officially under the Afghan National Directorate of Security (NDS), but have been recruited, trained, equipped and overseen by the CIA. The CIA provides logistical support, as well as intelligence and surveillance for targeting during "kill-or-capture" operations. US special forces personnel, usually Army Rangers, often are deployed alongside the paramilitary forces.
US air-strikes in Afghanistan this May resulted in civilian casualties and violated international humanitarian law, the UN Assistance Mission to Afghanistan (UNAMA) reported Oct. 9. On May 4 the US Forces-Afghanistan (USFOR-A) carried out air-strikes on buildings located in Bakwa district, Farah province, and neighboring Delaram district of Nimroz province. The air-strikes were aimed at potential drug facilities in the area but resulted in 39 civilian casualties, including 14 children. In a press release, UNAMA stated: "The report, jointly produced by UNAMA and the UN Human Rights Office, concludes that drug facilities and associated workers may not be lawfully made the target of attack and should be protected."