Afghan president likely to reject amnesty bill for war criminals


dpa German Press Agency
Published: Tuesday February 6, 2007

Kabul- Afghan President Hamid Karzai will likely reject a parliament-approved bill which grants immunity to war criminals and exempts them from judicial proceedings, an official said Tuesday. Last week, the Afghan parliament, which is heavily dominated by warlords, approved a bill that grants immunity to all individuals involved in atrocities in the past two and half decades, including the Taliban and war criminals from the country's 1992-1996 civil war.

The bill is contrary to the Afghan constitution, presidential spokesman Karim Rahimi told reporters, adding that "no-one, including the president, has the right to forgive crimes and killings committed in the past."

According to the Islamic rule that "our constitution is based on, no-one has the right to forgive murderers but victims," Rahimi said, adding that Karzai would not take any step beyond the "constitution's limits."

The resolution, which it is claimed is aimed at bringing peace by reconciling all the opponents of the government, has received widespread national and international criticism.

On Monday the third largest group of legislators in the lower house of parliament accused some warlord-MPs of trying to give themselves blanket immunity against accusations of human rights violations.

"It is an obvious attempt by warlords to bury their atrocities and crimes," Shukria Barakzai, head of the Third Line, the newly formed group of parliamentarians, told reporters.

"According to our constitution, everyone has equal rights. It is not the authority of parliament to make such decisions about war crimes. It is only the duty of our judiciary," Barakzai said.

The UN's High Commissioner for Human Rights, Louise Arbour, also voiced concerns over the bill, saying it could lead to past serious human right violations going unpunished.

"The engagement of parliament in the national reconciliation process is crucial," she said in a statement this week, adding, "At the same time, however, those responsible for serious human rights violations must be brought to justice."

The New York-based Human Rights Commission has called for the trials of top Afghan officials, including Vice-president Karim Khalili, and many warlords currently serving as legislators.

Afghanistan is a signatory to the Geneva Convention, which obligates all states to prosecute perpetrators of crimes against humanity, war crimes, and international crimes such as torture, genocide and piracy.

© 2006 dpa German Press Agency