Features

February 17, 2010

ICTJ Statement on Afghanistan Amnesty Law

The International Center for Transitional Justice (ICTJ) today cautioned that the amnesty provisions in Afghanistan’s legislation on national reconciliation (the “National Reconciliation, General Amnesty and National Stability Law") violate international law and jeopardize—rather than promote—national reconciliation and security.

The status of the bill has remained uncertain since it was passed by the Afghan Parliament in 2007 until it was published in the official gazette late 2008. It was only brought to the attention of the human rights and international community in late 2009. The bill does provide possible openings in the long overdue discussion on how to move forward on peace talks and reconciliation by stressing the need for “ending rivalries and building confidence among the belligerent parties,” and urging them to join a political process. However, the method for reconciliation promoted in the law is an amnesty for all involved in the Afghan conflict, regardless of whether they merely took up arms or were responsible for war crimes or crimes against humanity. Amnesties are frequently part of peace negotiations, but international law forbids amnesties for serious war crimes.

In other societies where amnesty was granted, such as South Africa, an onus was put on alleged perpetrators of massive violations to contribute to accountability by disclosing information on their participation in politically motivated crimes. Blanket amnesties promote impunity and are currently deemed unlawful under international law. The Afghan amnesty legislation contravenes Afghanistan's obligations to pursue accountability for serious human rights abuses, and runs counter to President Karzai’s commitment to pursue justice and fight impunity, explicitly laid out in his 2006 “Action Plan on Peace, Reconciliation, and Justice” that focused on institutional reform, establishing appropriate mechanisms for vetting potential political appointees and candidates, documentation of past abuses, and pursuing truth-telling processes that respect the rights of both alleged victims and perpetrators.

By offering an amnesty to a broad range of perpetrators, the Afghan amnesty law undermines efforts to promote accountability a necessity both for ensuring the proper functioning of Afghan institutions and for sustainable peace. Institutional reform, particularly in the justice and security sectors, has foundered in part because of the lack of accountability. Sari Kouvo, the head of ICTJ’s Afghanistan program, stated, “Many Afghans are today disillusioned: the state institutions, including the judiciary, police and intelligence are viewed as corrupt and even dangerous. While reconciliation is needed to end the conflicts in Afghanistan, it should not be promoted by further entrenching a culture of impunity.”

ICTJ strongly urges that President Karzai and the Afghan authorities amend the law to remove the blanket amnesty provisions and ensure that the rights of victims are respected. ICTJ urges the international community to demand that the Afghan government uphold its obligations under international law and to give political and financial support to promptly implementing the Action Plan on Peace, Reconciliation and Justice, which outlines a long-term strategy to address the country’s legacy of war crimes.

This statement was updated June 1, 2010.