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Can the US and its allies be punished for war crimes

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Commander of the Australian armed forces Angus Campbell apologized for the crimes of Australian soldiers during the military operation in Afghanistan. Thus, according to experts, he demonstrated an unusual example for diplomatic practice. At the same time, the soldiers of Britain and the United States, allied to the Australians, are known for much larger scale of atrocities, but they do not bear any responsibility for them. Why?

On Wednesday, Australian authorities apologized to Afghanistan for war crimes committed by the Australian military in the country between 2005 and 2016. "This behavior is a profound disrespect for the trust placed in us by the Afghan people, who have asked us for help in their country," said Australian commander Angus Campbell.

The Australian authorities also published a report on violations of their military personnel who served in Afghanistan. It is based on the testimony of more than 400 witnesses and an analysis of tens of thousands of documents by NSW Supreme court justice Paul Brereton. The report cites 39 murders and two cases of unjustifiable ill-treatment, most of which occurred between 2009 and 2013. All the episodes described did not take place on the battlefield. Most of the Afghans killed were prisoners of war. In total, the report includes the names of 25 current and former Australian military personnel, according to SBS World News.

The commander of the Australian armed forces in this regard stated that the military units and units mentioned in the report will be reformed or disbanded, and decisions will be made on an individual basis regarding the military. Awards and titles received by military personnel whose names appear in the report will be revoked.

Recall that after the September 11, 2001 attacks, more than 26,000 Australian troops were sent to Afghanistan to participate together with American and allied troops in military operations against the Taliban, al-Qaeda and other Islamist groups. In 2013, the Australian military left the country, and immediately after that there were a number of reports about the criminal actions of elite units of Australian special forces, according to the British newspaper Daily Mail.

The government tried to prevent informants from spreading reports of alleged crimes. But in 2017, the ABC broadcasting Corporation published the so-called "Afghan files", which claimed that Australian troops in Afghanistan were killing unarmed men and children.

On November 12, a criminal case was opened against war criminals, and Australian Prime Minister Scott Morrison, citing charges of "serious wrongdoing and possibly criminal acts", appointed a special Prosecutor-this avoids a trial in the International criminal court.

War crimes in Afghanistan were committed not only by Australians, but also by the British military. In November 2019, the Sunday Times and the BBC published the results of an investigation into war crimes committed by the British in Afghanistan and Iraq, and, as TASS notes, the government and the command of the armed forces were aware of these facts. These include the killing of civilians, torture, and sexual abuse of prisoners. The investigation was based on the testimony of 11 British detectives.

Among the facts mentioned in the investigation, the murder in Afghanistan by a soldier of the British Special air service (SAS) of three children who were drinking tea at home.

The case was referred to the military Prosecutor's office, but it was never given a go. The second case concerns the alleged abuse of prisoners in the Iraqi city of Basra by Scottish Marines from the black Watch battalion in 2003. Then two civilians died from torture. The third case involves the 2003 murder of an Iraqi police officer.

At the same time, only one case of crimes committed by the British military is still known, officially recognized. In September 2003, a 26-year-old hotel employee in Basra, Baha Musa, was detained in Iraq. Weapons and fake IDs were found at the hotel where the man worked. The Iraqi was placed in a British military prison, where he died two days later. The examination showed that the cause of death was numerous injuries received as a result of beatings.

Similar crimes were committed by the us military. Back in 2016, the international criminal court (ICC) published a report outlining the facts of war crimes committed by us military personnel, RT reported. According to the report, us military personnel in Afghanistan practiced violence against prisoners, used torture and humiliated the human dignity of prisoners.

Alleged US war crimes in Afghanistan have been reported before. During one operation in 2010, the us military killed seven civilians, including two pregnant women. The Pentagon ruled that the military personnel used "necessary and appropriate force" during the operation. This became known after the publication of the results of an internal investigation on the Intercept portal. Representatives of the US armed forces apologized for the incident, but none of the participants in the operation was brought to justice.

In March 2020, the international criminal court (ICC) in the Hague, by the way, decided to continue the investigation of US war crimes, which was suspended in 2019. This was the reason for a loud scandal and conflict between the trump administration and the ICC.

"Thus, we see that the international community does not have a tool that would allow us to pursue the military of the great powers, especially the United States and its allies, who commit crimes," – says the expert of the Valdai club, Professor of St. Petersburg state University Stanislav Tkachenko.

"It is important to understand the legal nature of the us and Australian mission in Afghanistan. It was not condemned by the UN, the Australian and us military were there legitimately. In addition, the situation in which citizens of one country judge citizens of another country is an extreme case. And, most likely, it will not be under any circumstances, " the expert suggests.

The source is surprised that the Australian authorities have apologized. According to him, "it is not accepted in world diplomacy." "States can admit their mistake and pay material compensation, but they do not apologize," the political scientist stressed.

In turn, Igor Korotchenko, a member of the Public Council under the Ministry of defense, believes that the UN, the international Committee of the red cross and many other human rights organizations are simply obliged to respond to such crimes. "But the fact is that they act selectively, so they are an instrument of political manipulation on the part of individual countries and always voice positions that are favorable to someone," Korotchenko told the VZGLYAD newspaper.

The expert is convinced that the United States and its allies will not be persecuted, because no one will dare to speak out against the Americans. "The United States has stated that its soldiers are not subject to prosecution and are not subject to the activities of the International criminal court. This also applies to their allies to a certain extent, " the source said.

"They committed crimes in Vietnam, Afghanistan, Iraq, Syria, Libya. No one answered for this. All this talk about human rights organizations and human rights is purely for political manipulation. In the West, no one really pays attention to this. Therefore, it is not necessary to hope for justice in this case, " Korotchenko concluded.


Irina Yarovaya

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