Afghanistan: U.S. Special Forces guilty of war crimes?

Matthieu Aikins writes: In the fall of 2012, a team of American Special Forces arrived in Nerkh, a district of Wardak province, Afghanistan, which lies just west of Kabul and straddles a vital highway. The members installed themselves in the spacious quarters of Combat Outpost Nerkh, which overlooked the farming valley and had been vacated by more than 100 soldiers belonging to the regular infantry. They were U.S. Army Green Berets, trained to wage unconventional warfare, and their arrival was typical of what was happening all over Afghanistan; the big Army units, installed during the surge, were leaving, and in their place came small groups of quiet, bearded Americans, the elite operators who would stay behind to hunt the enemy and stiffen the resolve of government forces long after America’s 13-year war in Afghanistan officially comes to an end.

But six months after its arrival, the team would be forced out of Nerkh by the Afghan government, amid allegations of torture and murder against the local populace. If true, these accusations would amount to some of the gravest war crimes perpetrated by American forces since 2001. By February 2013, the locals claimed 10 civilians had been taken by U.S. Special Forces and had subsequently disappeared, while another eight had been killed by the team during their operations.

Officials at the American-led International Security Assistance Force, or ISAF, categorically denied these allegations, which came at an extremely delicate moment – as Afghan President Hamid Karzai and the American government were locked in still-unresolved negotiations over the future of American forces in Afghanistan. The sticking point has been the U.S.’s demand for continued legal immunity for its troops, which Karzai is reluctant to grant. Privately, some American officials have begun to grumble about a “zero option” – where, as in Iraq, the U.S. would rather withdraw all its forces than subject them to local law – but both sides understand that such an action could be suicidal for the beleaguered Afghan government and devastating for American power in the region. Yet a story like the one brewing in Nerkh has the potential to sabotage negotiations.

Last winter, tensions peaked and President Karzai ordered an investigation into the allegations. Then on February 16th, a student named Nasratullah was found under a bridge with his throat slit, two days, his family claimed, after he had been picked up by the Green Berets. Mass demonstrations erupted in Wardak, and Karzai demanded that the American Special Forces team leave, and by April, it did. That’s when the locals started finding bodies buried outside the American base in Nerkh, bodies they said belonged to the 10 missing men. In July, the Afghan government announced that it had arrested Zikria Kandahari, a translator who had been working for the American team, in connection with the murders, and that in turn Kandahari had fingered members of the Special Forces for the crimes. But the American military stuck to its denials. “After thorough investigation, there was no credible evidence to substantiate misconduct by ISAF or U.S. forces,” Col. Jane Crichton told The Wall Street Journal in July.

But over the past five months, Rolling Stone has interviewed more than two dozen eyewitnesses and victims’ families who’ve provided consistent and detailed allegations of the involvement of American forces in the disappearance of the 10 men, and has talked to Afghan and Western officials who were familiar with confidential Afghan-government, U.N. and Red Cross investigations that found the allegations credible. In July, a U.N. report on civilian casualties in Afghanistan warned: “The reported disappearances, arbitrary killings and torture – if proven to have been committed under the auspices of a party to the armed conflict – may amount to war crimes.” [Continue reading…]

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