Unusually, the UN human rights agency has condemned as a likely criminal act an airstrike on a hospital in Kunduz, Afghanistan.
Critics allege that the airstrike was conducted by US warplanes assisting Afghan government forces to resist Taliban attackers trying to conquer the northern city of Kunduz, which has a population of about 300,000.
“This event is utterly tragic, inexcusable, and possibly even criminal,” said UN human rights chief Zeid Ra’ad Al Hussein.
He underlined that international and Afghan military planners have an obligation to respect and protect civilians at all times, particularly medical facilities and personnel. “These obligations apply no matter whose air force is involved, and irrespective of the location.”
“The seriousness of the incident is underlined by the fact that, if established as deliberate in a court of law, an airstrike on a hospital may amount to a war crime.”
He noted however that it has “yet to be established whether or not the hospital or immediate surroundings were the target of the attack, or were recklessly endangered by it”.
He demanded an independent, impartial, transparent and effective inquiry to establish the facts. “This deeply shocking event should be promptly, thoroughly and independently investigated and the results should be made public,” he said.
Such a blunt reaction by the human rights chief about an incident possibly involving US forces is unusual. Allegations about war crimes have been made before but after investigations by a UN human rights “rapporteur”, who is usually acts on a special mandate from the UN human rights council.
The hospital was run by Medecins Sans Frontieres (MSF), which has protested loudly since it was one of very few functioning medical facilities in the area. It said the strike on Saturday night killed at least nine of its staff and seriously wounded 37 people, including 19 of its staff.
Final casualty figures are unclear but the MSF said about 105 patients and their caretakers were in the hospital at the time along with some 80 MSF staff.
Afghan security forces said they evacuated 80 people, including 15 foreign aid workers, from the hospital. A US spokesperson admitted that American warplanes conducted a strike in Kunduz around that time and confirmed that an investigation was underway.
MSF insisted that government forces knew the hospital’s precise location but the airstrikes continued for half an hour after the Afghan ground forces were informed it was under attack.
Intense fighting has raged in the area since the Taliban announced their control over Kunduz last Monday. A fierce government counter offensive assisted by American air support is currently underway. Kunduz is a key prize and strategically important as a transport hub and a bread-basket for the region.
US ground forces no longer enter combat in Afghanistan but constitute about half of the 13,000 troops from 42 countries still in that country as part of NATO’s Resolute Support Mission, launched in January 2015. As part of this mission, American warplanes provide air support for Afghan government forces on the ground.
Hussein’s sharp words are the latest indication of pressures on him from other governments to hold the US accountable in international forums for the human rights impacts of its military’s actions in foreign countries.