
There's been much talk of a more "moderate" Taliban in recent months and years, part of a growing effort to rebrand the movement as a potential peace partner. Statements are scrutinized for indications that the Taliban may be becoming more progressive on women's rights and ethnic or religious minorities. Claims that the Taliban have reformed their past hostility to girls' education are seized upon before any data backs it up. Glimmers of modernity among former Taliban officials are treated as symbolizing a deeper change in the movement (bringing us headlines like "Mullah Embraces iPhone"). And more seriously, revisions in the Taliban code of conduct, the Layha, are scoured for signs of a growing adherence to the laws of war.
The battlefield presents harder facts. As the latest U.N. report on civilian protection shows, insurgents killed more than two thousand Afghan civilians in 2011. There has been a marked shift in their language on civilian protection - for instance the edict in the 2006 code of conduct to attack government schools is gone, the 2010 version of the Layha makes numerous injunctions to avoid harm to the ‘common people,' and outlines disciplinary measures for commanders who cause civilian harm. And yet the number of civilians killed has grown for the fifth year in a row, with the Taliban and other insurgent groups now responsible for almost 80% of the deaths. Targets last year included markets, offices, and protected sites such as mosques and hospitals.
There are two main reasons for this unnecessary bloodshed. Firstly, the Taliban continue to use indiscriminate methods such as anti-personnel mines and suicide attacks. Secondly they consider anyone who is "siding" (or working) with the government to be fair game - as witnessed by the steady onslaught of assassinations of civilians, including a tribal elder and two family members killed by armed men on motorbikes in Helmand in December, a woman in Kunar province shot dead in November having been accused of spying for foreigners, a civil servant also accused of spying who was blown up by an IED in Laghman in October. "Spying" is often the justification used for assassinating political opponents, or simply those too closely aligned with the government. Last year 495 civilians were killed in such targeted killings, according to the UN report.
One area where there does appear to be a shift in behavior is with regard to threats and attacks on education. The UN received reports of 289 incidents of incidents involving attacks on schools in 2011, as opposed to 378 in 2010 (these numbers include indirect attacks -- in terms of direct attacks the Ministry of Education reported 71 incidents). As Antonio Giustozzi recently reported, this trend may be connected to deals struck between communities, government officials, and the Taliban, where attacks on schools stop in exchange for teachers or a curriculum that Taliban officials approve. A senior official in the Ministry of Education told me last month that school attacks were down because they'd recruited 3,000 Mullahs to teach literacy classes. "If you appoint mullah as a teacher he doesn't oppose girls' education" he said. So a drop in attacks may be an improvement but not without cost for families seeking modern education.
Education aside, for the most part the trends revealed by the UN are negative in terms of civilian harm by insurgent forces. More civilians killed by IEDs, suicide bombers and more assassinations. But one thing that the Taliban have improved since the Emirate days is their Communications team. No sooner had the U.N. released its report than two Taliban websites posted rebuttals, in English and Pashto. The websites accuse "international organizations" of "slandering the Islamic Emirate" and describes the killing of innocent civilians as an "injustice and tyranny."
It's not clear whether these promises to protect civilians are made by the Taliban merely as a public relations exercise, or whether they genuinely mean it, but lack the control over their forces that would be necessary to implement their rules. Either way, this is significant for those contemplating negotiations. If the Taliban are remotely serious about talks they need to be able to prove that their promises are meaningful, and that they have the command capability necessary implement their commitments. Both are necessary to show that they can be a serious peace partner.
Recent weeks and months have seen signs of some momentum towards preliminary discussions at least. But the process feels rather lopsided. The preconditions that the U.S. had set out (renounce violence, split from al-Qaeda, and sign up to the constitution) have already been downgraded to ‘necessary outcomes' in a speech by Secretary Clinton a year ago. Little now seems to be expected of the Taliban, except to agree to talk. The focus instead is on enticements, including the release of Taliban prisoners, a Taliban office in Qatar, and delisting of Talibs from the U.N.'s sanctions list. While confidence building measures are a necessary feature of any prelude to talks, the one-sided nature of this process seems all the more unreasonable when the killing of civilians by insurgent forces continues to rise. The U.S. and its military partners could still do more to heed Afghan calls for a reduction in night operations, but the proportion of civilians being killed by the U.S. military and its partners has decreased, with the U.N. reporting 410 killed by "Pro-Government Forces," primarily the U.S., versus 2,332 killed by insurgents.
All preliminary discussions with the Taliban should stress the need for attacks on civilians to end. Frankly, it might help dispel the whiff of desperation about this process if some demands were made of the Taliban, particularly concerning civilian harm. Judging by their PR efforts this is something they know is losing them popular support.
If advocates of peace talks are serious about finding some kind of political solution to this conflict, the Taliban need to be held to account for their careless killing of civilians, and engage in real reform, not just public pronouncements. Not surprisingly, the Afghan public does not seem to trust them. In a survey of more than 4,000 Afghans conducted by the Peace Training and Research Organization, to be released later this month, the vast majority of Afghans wanted peace. But the majority of respondents did not believe that Taliban were serious about negotiations. With so many thousands of Afghans killed and injured by Taliban IEDs, suicide bombers, and assassins, it is not hard to see why.
Rachel Reid is Senior Policy Advisor on Afghanistan and Pakistan for the Open Society Foundations.
Majid Saeedi/Getty Images

Afghanistan is ruled not by law, but by power and patronage. The absence of the rule of law fuels the country's savage insurgency. When citizens can't rely on the state to protect them against systemic abuses, then rebellion becomes a far more attractive option. Tragically, in Afghanistan the abusers, more often than not, are from the government itself - including ministers, governors, police chiefs and militia leaders.
It needn't be this way. If there is one policy reform that all the main actors in Afghanistan purport to agree on, it's the critical importance of building the rule of law. President's Karzai's speeches are liberally salted with promises to reform the legal system and tackle corruption. The Taliban understands that a key way to win Afghans' hearts and minds is to provide them with the justice they so desperately desire. It does so by setting up mobile courts, delivering a very rough and ready justice, but one that is often preferred to the arbitrary rule of local commanders. And Western governments have spent billions on rule of law reforms, with little tangible impact.
So with this apparent unanimity on the need for the rule of law, why in Afghanistan do the powerful continue to abuse the weak with near total impunity?
The answer is that the purported commitment is largely in name only. True rule of law requires laws that are public, clear, and apply equally to everyone. It needs government officials who accept that they are subject to the law. It requires reasonably fair, competent, and efficient courts, prosecutors and police who respect the presumption of innocence and due process. It needs judges who are reasonably independent and impartial, and have the confidence in their safety to properly perform their jobs.
But the reforms necessary to achieve all this present an existential threat to the power of the ruling elite in Afghanistan. Building the rule of law involves challenging vested interests at the highest levels of the government. It is far more a political exercise than a technical one. Many Afghan power holders -- from President Karzai downwards -- benefit from a patronage based system. It enables them to buy and maintain loyalty. Corruption is an integral part of such a system.
It's not just corruption that thrives in such an environment. Equal treatment by the law requires that those who have committed atrocities against their people be held accountable for these crimes. Failure to do so promotes a climate in which the powerful continue to commit abuses with impunity. But in Afghanistan those responsible for grave human rights abuses continue to occupy positions of power. These include officials like Vice Presidents Mohammad Fahim and Karim Khalili, who face credible accusations of war crimes or crimes against humanity during the brutal civil war. They also include a generation of post-Taliban leaders -- such as the Minister of Tribal and Border Affairs, Asadullah Khaled, as well as powerful provincial governors allied to Western forces -- accused of serious human rights violations since 2001. A report soon to be released by the Afghan human rights commission -- if not blocked by the government -- will document many of the past crimes.
International intervention encouraged and promoted this impunity by returning to power warlords and commanders. Influential international actors continue to rely on alliances of convenience with these abusive power holders to promote perceived stabilization goals.
Meanwhile the Taliban also preys on the local population, and subjects those it is purporting to liberate from foreign occupation to horrendous abuses, including suicide bombings, assassinations and the use of civilians as human shields.
For Afghans, the tragic result is that today's reality is not much different from that of the last thirty years, and their lives are still dominated by powerful men with guns.
Achieving accountability is not a question of naïve aspiration: the culture of high-level impunity must be challenged, as failure to do so will undermine all other rule of law efforts and perpetuate an environment in which conflict will flourish.
The culture will not change until some of those responsible for the worst abuses against the Afghan people are prosecuted. The best option would be for the government itself to pursue some of these abusers. This would increase its legitimacy in the eyes its people and would send a clear warning to those in authority and to those seeking to do deals with the government who believe they can continue to kill with impunity. It would also undermine one of the claimed attractions of the Taliban -- that it provides harsh, but fair, justice where none otherwise exists.
Unfortunately, there is no prospect of the government providing high-level justice. The Karzai administration has consistently opted for expediency over principle when it comes to accountability, most notably in enacting a law giving amnesty to former warlords. Most international actors have been largely silent on this law. In fact, it appears that a desire for a quick exit by NATO countries may have stifled all discussion of the critical need to link reconciliation with accountability and to tackle Afghanistan's longstanding culture of impunity.
But expediency will not promote stability, and a failure to build the rule of law will lead to more instability, not less. It will also ensure that Afghan power holders - government and Taliban alike - continue to commit abuses that shock the conscience of the international community and fuel the very instability that led, a decade ago, to such a costly international intervention.
Nick Grono is the Deputy President of the International Crisis Group.
Aref Karimi/AFP/Getty Images

When it comes to women's rights, Pakistan has been in the news for all the wrong reasons. The list of wrongs perpetrated against women, which includes honor killings, domestic violence, sexual assault and acid attacks, is disturbingly lengthy. What is unfortunate is that the current state owes as much to the lawmaking agencies of the country who have been unable to enforce justice for women as those who perpetrate the actual violence.
But tangible progress is underway. The Prevention of Anti-Women Practices Act 2011, a twice-snubbed landmark bill demanding greater social protection for women, passed this November by the Pakistan National Assembly, is a major move in the right direction. Framed and amended by Dr. Donya Aziz, the bill was unanimously passed by the lower house, which is headed by speaker Dr. Fehmida Mirza -- the first female parliamentary speaker in the Muslim world. The bill is currently awaiting approval by the Senate, but civil society, women's rights activists and NGOs are optimistic that this bill will become law.
Outside of Pakistan, the bill is being hailed as a show of collective resolve by Pakistani political parties to counter societal taboos against women, dealing with issues such as forced marriages, physical violence against women, or depriving women of their inheritance. The bill deems all of the above as crimes that can lead to three to ten years' imprisonment or a fine of up to up to RS1 million (approximately $11,400). The bill also criminalizes the practice of ‘Haq Bakhshish' -- forcing women into giving up their right to marriage by marrying them to the Quran. While not a mainstream custom and mostly practiced in the rural areas of the country to prevent the loss of property if a woman marries someone who is not a relative, Haq Bakhshish has been an eyesore for women's rights and human rights activists in Pakistan for decades.
But things aren't all that straightforward. While supporters of women's rights in Pakistan revel in the recent development, 2011 also saw a notable setback for their cause. The Criminal Procedure Code Amendment Bill, passed earlier in the year and signed by President Asif Ali Zardari before becoming the Criminal Procedure Code Amendment Act 2011, reversed the right of women to bail. That right was granted under the Women's Protection Act 2006 and signed into law by then-President Pervez Musharraf. But come 2011 and bail can only be granted by the court, putting women again at the mercy of the criminal justice system.
Under the Women Protection Act 2006, bail became the right of a woman accused of any crime except involvement in terrorism, financial corruption and murder or a crime punishable with death, or a minimum of ten years imprisonment. More simply, they were given the right to bail without going to the courts. Mostly meant to decrease the number of women in jail, especially those accused of zina, or adultery, the WPA 2006 made it harder for the police to hold women in custody. However, with President Zardari's recent amendments, that right has been taken away.
Women's rights activists are raking President Zardari's government over the coals at the hushed, sudden, revision. According to Farzana Bari, a civil rights activist in Pakistan, women may be detained on minor offences and even as a result of family disputes, and women will need to go through court hearings before being able to be bailed out of prison, thanks to the amendment. Speaking to a local English newspaper, Bari called the move a "dangerous reversal, as more than 80 percent of the gains achieved through the Women Protection Act 2006 have been lost."
The WPA 2006 was an attempt by the then-government to amend the heavily-criticized Hudood Ordinance laws in Pakistan enacted by military dictator Zia ul-Haq in 1979, which governed the punishment for rape and adultery in the country for decades.
Take "adultery" and non-marital consensual sex as a case in point -- both criminalized by the Hudood Ordinances. For many years in Pakistan, the laws made female rape victims liable to prosecution for adultery if they could not produce four male witnesses to the assault; however, the WPA 2006 brought rape under the Pakistan Penal Code, which is based on civil law and not Sharia (Islamic law). What that did was take away the right of law-enforcement agencies to detain people suspected of having non-marital consensual sex. Instead they were to require a ‘formal accusation' in court. Even though the amendments still treated adultery and sex outside of marriage as an offence, the judges could now deal with rape cases in criminal rather than Islamic courts. That did away with the practically impossible ‘four witnesses' requirement and allowed convictions to be made on the basis of proper circumstantial and forensic evidence.
Unfortunately, however, the Criminal Procedure Code Amendment Act 2011 is a giant step back, almost to the Hudood Ordinances themselves. President Zardari's government believes getting custody of the accused is critical to investigations, especially in the scenario where it becomes easier for criminals to engage women in offences, as the WPA 2006 made it easier for female criminals and their co-conspirators or those who trapped them to get out of jail quickly. However, the civil rights activists in the country remain perplexed as to why bail laws had to be reversed almost completely, especially when amendments could have been introduced to check potential misuse without ‘robbing' women of their previously hard-earned concessions.
Thus, for every step forward with women's rights in Pakistan, we take a giant step back. On the one hand, bills are signed to protect women in Pakistan from early marriages and physical abuse, while on the other, juvenile convicts detained for committing zina are exempted from being granted special remission, a standard practice around the Eid al-Fitr holiday where the President of Pakistan lessens the sentences of juvenile prisoners and others. Exempting those convicted of zina from these remittances puts them on the same level as terrorists, in the eyes of Pakistani law.
While Pakistanis both in Pakistan and in the United States appreciate the role of the Pakistan National Assembly in making this landmark legislation see the light of day, they are also skeptical over the future status of the bill and its implementation by local law enforcement agencies. Pakistani civil society groups have vowed to stage a sit-in demonstration outside the Parliament if the bill is blocked by the Senate. And while activists remain optimistic about this legislation, the fact remains that the gap between the theory of law in Pakistan and its practice has always been enormous. For now, one can only hope that the Prevention of Anti-Women Practices Act lives up to its name.
Rabail Baig is a Pakistani journalist based in Boston.
Arif Ali/AFP/Getty Images

It was ten years ago this month that Operation Enduring Freedom began in Afghanistan. Now, with the United States preparing to draw down its military forces and other NATO coalition member troops already gone, the focus is shifting to what an exit strategy from that country might look like. And a key component of the security hand-over to Afghan National Security Forces is the establishment of community defense forces, known as the Afghan Local Police (ALP).
The ALP was launched last year by the Afghan government to recruit local units to defend remote, insecure areas of the country against insurgent threats and attacks. Recruits are nominated by a local shura council, then vetted by Afghan intelligence and trained for up to three weeks by U.S. forces. General David Petraeus, the former ISAF Commander in Afghanistan, touts the ALP as successfully thwarting the insurgency.
But this narrative is very different from the one Refugees International discovered on a recent visit to the country. In May, we traveled to Afghanistan to conduct an assessment of the humanitarian situation in the country, in light of the increasing displacement caused by conflict. During the course of our 16-day mission, we conducted over 50 interviews with displaced Afghans, local organizations, UN officials, aid workers, human rights researchers, government officials, security analysts, and journalists in Kabul, Herat, Mazar-e-Sharif, and surrounding areas. To our surprise, the rapid rollout of the ALP program was widely criticized by Afghans and humanitarian actors. Almost every single one of our interviewees highlighted the growth of the ALP and the simultaneous rise of other pro-government militias as their top concern for the security of civilians and stability in the country, particularly in the north.
Many told stories of ALP forces using their newly gained power and guns - furnished by the U.S. - to harass, intimidate, and perpetrate crimes against the very civilians they were recruited, trained, and paid to protect. Some even reported that powerful warlords were pressuring local leaders to formalize pre-existing militias into the ALP - often around tribal, ethnic or political lines - to avenge personal disputes or strengthen their influence.
But despite the fact that some ALP units have been implicated in murder, rape, beatings, arbitrary detention, abductions, forcible land grabs, and illegal raids, U.S. forces are under pressure to quickly help recruit and stand up ALP units - with the goal of adding another 23,000 men to the existing force of 7,000 at sites across the country. In our June report we called on the Obama administration to pressure the Afghan government to halt further expansion of the ALP and address its shortfalls immediately.
Since returning from Afghanistan, we have met with Pentagon officials and congressional offices to raise Refugees International's concerns with the ALP initiative. By and large, the reaction from the Hill and Administration officials has been reserved, if not partial to the positive news coming out of the Congressional visits to "model" ALP sites and bi-annual Pentagon reports. Also, for many, it seems that the underlying assumption is that if the ALP program is halted, U.S. troops might not be able to depart from Afghanistan as rapidly as planned or expected, or that somehow Americans might be asked to spend more on this war.
This is a false choice: without a clear U.S. strategy to address the shortcomings of this program, abusive ALP units will only continue to spread fear, fuel tribal and ethnic tensions, and further destabilize the country. Moreover, left unchecked the ALP will become a catalyst for the insurgency.
Refugees International is calling on the Pentagon to take immediate steps to improve the vetting, training, oversight, and accountability of ALP forces. Furthermore, Congress can and should exercise its oversight responsibility by requiring the Pentagon to outline in detail how the U.S. is supporting the Afghan government's roll-out of the ALP program, as well as the Afghan government's capacity and efforts to effectively oversee and investigate allegations of abuse by ALP units or individuals and hold them accountable.
Similarly, the Afghan government should create an independent panel, including government officials and Afghan civil society representatives such as the Afghan Independent Human Rights Commission (AIHRC), to evaluate the program's recruitment, vetting, oversight, and accountability policies and practices, and provide recommendations to the Government and its implementing partners.
Lynn Yoshikawa and Matt Pennington are advocates for Refugees International, a Washington, D.C.-based organization that seeks to end refugee crises and receives no government or UN funding. In May, Lynn and Matt traveled to Kabul, as well as Herat, Mazar-e-Sharif, and surrounding areas to assess the needs of internally displaced people in Afghanistan.
MAURICIO LIMA/AFP/Getty Images

Last year, Qasim, a construction worker from eastern Afghanistan, was detained in a joint US-Afghan raid on his home in Kabul. He eventually ended up in the hands of the National Directorate of Security (NDS), the Afghan intelligence agency. For over a week, Qasim was hung by his arms, taken down only to go the bathroom and pray. Several times a night he was beaten with pipes and electrical cables, his head bashed into walls, and threatened with much worse. After a week and a half, he could no longer walk, not even to bring himself to the bathroom. My organization, Open Society Foundations, and its Afghan partners have interviewed many other Afghans who, like Qasim, have suffered acts of torture at the hands of the NDS, ranging from beatings, and burns, to electric shock, and sexual abuse.
In a ground-breaking report released yesterday by the United Nations Assistance Mission in Afghanistan (UNAMA), the true scope and severity of such abuse is made clear. The UN found evidence of torture and mistreatment in 16 Afghan detention facilities, including electric shocks, hanging detainees from ceilings, beatings, and threat of sexual assault. As a result of the report, the Afghan government dismissed several NDS officials implicated in the report, though it unclear whether there will be any criminal prosecutions. The International Security Assistance Force (ISAF) has temporarily halted the transfer of ISAF detainees to the 16 facilities.
ISAF's halting of transfers to facilities identified in the UN report is an important first step. The Afghan government's initial response was certainly less positive, but will hopefully improve following now that the report has been publicly released. Looking forward, however, there is real concern that the ISAF and Afghan government responses will prove rather superficial, and ultimately fail to fully grapple with the depths of the problem.
One area that the Afghan government and ISAF should prioritize is accountability. Though perhaps politically difficult, accountability for abuses is key, and must be pursued vigorously and publicly. The UN report is an opportunity for the right signals to be sent, both within the Afghan justice system as well as to the Afghan public.
Without sustained efforts on this front, it's likely that even if those Afghan officials who are responsible for abuse are removed, they will only re-emerge elsewhere in the justice system or government. Shuffling the problem around only sows the seeds for future abuse, and reinforces perceptions of impunity that are at the heart of the Afghan government's struggle for legitimacy.
An independent, external body should be empowered to monitor facilities, receive complaints, and investigate allegations of abuse, with findings and remedial actions made public. Full, unfettered access should also be granted to outside monitors, including Afghan Independent Human Rights Commission, ICRC, and UNAMA. Those responsible for abuse should not only be removed from their positions, but also subject to criminal prosecution and civil liability.
The international community can play an important role in ensuring those responsible are truly held to account. Governments should not only apply conventional diplomatic pressure, but should think creatively and ambitiously about how to strengthen accountability. Funding, training, as well as military and intelligence relationships with the Afghan government and security forces should all be utilized to ensure those responsible for abuse are held accountable. The US is prohibited by the Leahy Law from supporting foreign security forces which engage in gross violations of human rights.
The pervasive lack of due process also leaves detainees vulnerable to abuse. Detainees and defense lawyers we have interviewed consistently decry Afghan authorities' denial of legal counsel, in addition to preventing family notification or contact. In some cases we documented, defense lawyers have themselves been arrested or harassed simply for contacting their clients. The Afghan Government should implement measures to ensure detainees' access to legal counsel, and adopt strict rules regarding family notification (just as the Afghan government advocates for in ISAF detentions), while international donors should provide funding to Afghan legal aid organizations to represent conflict-related detainees. Ensuring detainees have their most basic due process rights respected while in detention provides an additional, necessary check on Afghan authorities' power and strengthens transparency and accountability.
For their part, international forces must acknowledge that there are no
quick fixes for detainee abuse in Afghanistan. Detainee monitoring, for
example, is too
often posited as the solution to abuse, although it only focuses on
detainees transferred by international forces, not the wider prison population.
While monitoring is a potentially important part of protecting detainee rights,
international forces must be honest about its practical limitations, and
confront the fact that, in the current context, monitoring alone cannot satisfy
their legal obligations to prevent torture.
Indeed, the fact that the UN has documented abuses despite the existence of various ISAF countries' monitoring mechanisms and oversight by organizations like the Afghan Independent Human Rights Commission (AIHRC) speaks to the insufficiency of such measures. Given the sheer number of facilities and detainees, logistical and security challenges, and detainees' fears of reprisals for disclosing abuse, even the most well-designed monitoring mechanisms may in practice be incapable of ensuring detainees are free from torture.
International forces must also grapple with the problem of torture beyond the narrow issue of transfers, not least because they have been working so closely with the Afghan intelligence authorities, including using intelligence that may very well have been extracted through the use of torture. Appropriate assessment of the risk of torture will also always have to take into account treatment of all detainees at a particular Afghan facility-not just those transferred from international custody. Conceiving of the problem as one of detainee transfer also biases policy solutions towards bureaucratic box checking in order to resume detainee transfers-not actually halting abuse.
To be sure, there are real dilemmas and constraints facing the Afghan government and ISAF. There is a lack of professional capacity at every level of the Afghan justice system, from guards to judges to prosecutors. The sheer number of persons detained in connection with the conflict means the system is under severe strain, burdened further by the military as opposed to law enforcement nature of operations. But the Afghan government and all ISAF nations have strict legal obligations to refrain from and prevent torture, and as the UN report lays bare, they have fallen well short.
The looming troop drawdown and transition only give greater urgency to this issue. With more and more responsibility for security being shifted to Afghans, the strategic risk and political liability posed by abusive detention practices will only grow. Right now the US and other ISAF nations have the most leverage to shape the Afghan justice system and leave behind institutions, laws, and mechanisms that uphold the rule of law and protect Afghans from torture. As the war in Afghanistan marks its tenth anniversary, time is not on the side of either ISAF or the Afghan government. The UN report marks a perhaps singular opportunity to marshal momentum behind detention reforms that will be long-lasting and effective at protecting the most basic of human rights.
Chris Rogers is a human rights lawyer for the Open Society Foundations specializing in human rights and conflict in Afghanistan and Pakistan.SHAH MARAI/AFP/Getty Images

On Aug. 1, Pakistan's military chief, Gen. Ashfaq Parvez Kayani, said the Army and its intelligence agencies are not involved in so-called "kill-and-dump" operations in the restive province of Baluchistan. Kayani was speaking in Quetta, the provincial capital, where Human Rights Watch said in a recent report that Islamabad "should immediately end widespread disappearances of suspected militants and activists by the military, intelligence agencies, and the paramilitary Frontier Corps."
The report follows similar findings by Amnesty International and the Human Rights Commission of Pakistan. Human rights watchdogs have repeatedly called on Islamabad to stop unlawful killings in Baluchistan, where hundreds of political activists have been killed in separatist and sectarian violence involving both homegrown and regional insurgents.
BANARAS KHAN/AFP/Getty Images

On the evening of March 1, U.S. helicopter gunships opened fire on a group of 10 Afghan boys gathering firewood in eastern Kunar province, killing all but one. A week after the incident, top U.S. and NATO commander in Afghanistan General David Petraeus apologized for the incident and promised to review tactical directives to ensure civilian casualties are minimized. Afghan President Hamid Karzai reportedly refused Petraeus' apology over the killing of the nine boys, a snub made more obvious when Karzai later accepted an apology by U.S. Secretary of Defense Robert Gates. The blunders that led to Karzai's rebuff of Petraeus's apologies are a rare public glimpse into what has become an all too common pattern of ISAF leadership mishandling civilian casualties incidents, exacerbating long-standing tensions over this issue. What is merited is not only a review of ISAF's tactical directives, but an overhaul of its attitude toward civilian casualty allegations.
SHAH MARAI/AFP/Getty Images

In December 2010, frustrated, irate, and depressed at the uproar around the case of Aasia Bibi and the reticence of the Pakistani government in amending the Blasphemy Laws that had condemned her to death, I interviewed Pakistan's Federal Minister for Minorities and the ruling Pakistan People's Party (PPP) national assembly member Shahbaz Bhatti on the telephone. Bhatti, the man responsible for protecting Pakistan's minority groups, told me, "Many people are facing death threats and problems. They're in prison and are being killed extra-judicially. This law is being misused." Bhatti had just been named by President Zardari as the head of a committee to discuss the country's blasphemy laws. "They have their own opinion and they are free to express it, we have our own," Bhatti calmly replied to a query about the stance taken by the religious right-wing against amending the Blasphemy Laws, or pardoning Bibi.
Perhaps Bhatti himself didn't know that three months later that "right" would take the shape of an assassin's bullets that claimed his life outside his Islamabad residence.
JEWEL SAMAD/AFP/Getty Images

The late Obama administration envoy to Afghanistan and Pakistan Richard Holbrooke sparked an uproar when he indicated in 2009 that U.S. development assistance would be channeled primarily through local Pakistani NGOs, instead of traditional partners: American contractors and the government of Pakistan. The Pakistani government -- one of a handful of governments receiving direct budgetary support from the U.S. government -- vehemently protested. American development contractors faced the cancellation of contracts and became concerned about losing business in Pakistan, and their jobs. Even a USAID official leaked a dissent memo to USA Today, stating that "very few Pakistani firms and NGOs can currently satisfy the stringent management financial management audit requirements for USAID project funding."
Lately, the dust seems to have settled. Recently, the USAID Inspector General released an oversight report, detailing 54 awards worth $269 million that have been made to Pakistani NGOs. Last week, USAID Administrator Rajiv Shah indicated that the emphasis on NGOs is a general shift in the way that USAID does business -- not just in Pakistan, but around the world: "We are now at a point where nearly 40 percent of our funding goes to non-government organizations. And in each of our countries, through all of our missions, we're setting specific targets so that we can increase the percentage of support that we provide to local organizations and local entrepreneurs and local NGOs."
The push towards partnering directly with local NGOs makes sense, at least in theory: locals understand their needs, their context, and potential solutions better than foreign contractors, and do not have the high overhead and security costs associated with Americans working abroad, especially in hostile environments.
AFP/AFP/Getty Images

ISLAMABAD -- Advocates of the current U.S. counterinsurgency strategy in Afghanistan deploy false choices and flawed assumptions to defend the status quo. Proponents of "staying the course" delegitimize the pursuit of better options for ending this deadly nine-year war by reducing the debate to a dubious binary: maintain a long-term counterinsurgency (COIN) campaign against the Taliban or leave Afghanistan after ignominiously "cutting and running." It is time to reframe this public discourse over the costly status quo and consider a new way forward.
Vice President Joe Biden, who is currently in Afghanistan and headed to Pakistan shortly, has argued, among others, that a policy of "Counterterrorism Plus" will more effectively secure genuine U.S. security objectives. He's right.
This approach calls for a much smaller deployment of forces that would focus upon al-Qaeda, including continued drone attacks on al-Qaeda and international militants both in Afghanistan and Pakistan's tribal areas. Proponents of such a plan argue for continuing the training mission of Afghan National Security Forces with a dedicated focus upon sustainability as well as continued and long-term initiatives to develop civilian capacity in the Afghan government. Obviously, this implies a sustained -- albeit a different and perhaps smaller -- U.S. presence in Afghanistan. This is not "cut and run."
AFP/AFP/Getty Images

U.S. Secretary of State Hillary Clinton's trip to Pakistan, which culminated today in a full schedule of official meetings and town hall appearances, was the United States' best chance to hit the reset button with the Pakistani people. Clinton arrived with a long list of ‘deliverables' -- a total of $500 million in new development projects, aligned with the priorities of the Pakistani government. And she was clear on what that aid was intended to accomplish. At one town hall meeting today, she used the metaphor of a rocket to illustrate her mission: "We're trying to escape the bonds of gravity, leave behind an era of mistrust and launch a new period of cooperation."
But the United States is not loved in Pakistan, and even those Pakistanis who heard what Clinton had to say are likely to be skeptical. They can see clearly the pressure the United States is placing on the Pakistani government to do more to rein in the Haqqani network and other extremist groups. They may well doubt that the United States has the political and financial will to back its commitment to development support. Even the $7.5 billion of aid authorized over five years by the Kerry-Lugar legislation must be appropriated and spent one year at a time, after all. And the U.S. has a history of abandoning aid commitments to Pakistan when incoming governments violated nuclear norms, or when a bulwark against communism didn't seem to matter as much. As understandable as some of these decisions were at the time, they seem to make it clear that U.S. development aid was driven as much or more by diplomatic imperatives as by a long-run development vision for the Pakistani people.
Daniel Berehulak/Getty Images

Over the weekend, the Indian government imposed, lifted, imposed, and lifted another curfew in the Indian-administered region of Kashmir. For the past month, the region has faced some of the largest protests since 2008. I have been in Srinagar, the capital city of Kashmir, since June 16, shortly after the latest round of tension began. There is not much coverage of the recent events in the international media, which is unfortunate as the situation in Kashmir is contextually, inextricably linked to developments in Afghanistan and Pakistan.
Protests have become a regular occurrence in the Kashmir Valley; the people call for freedom and an end to the Indian presence in Kashmir, but over the last few weeks, the violence has been escalating. On June 11, the local police in Kashmir killed a 17-year-old boy, named Tufail, who was walking home carrying a backpack amidst a protest in downtown Kashmir and was hit at close range with a tear gas canister. The next day, the main newspaper in the area reported that eyewitnesses said he was shot, though Indian police called his death "mysterious." During another related protest shortly after, another young Kashmiri man was injured, and died a few days later in a hospital. At his funeral, his cousin Javed was also shot and killed by Indian security forces. In the past several weeks, Indian forces have killed at least fifteen young men and injured or arrested many more. Security forces seem to be everywhere in Kashmir, especially at large gatherings of people and funerals. At many funerals, those bearing the body of the dead begin chanting anti-Indian slogans, and the services double as protests as well as memorials.
ROUF BHAT/AFP/Getty Images

In November 2008, I received a phone call at my home in Afghanistan from Information Safety and Freedom (ISF) an Italian nongovernmental organization that supports free speech, notifying me that I (and Sayed Pervez Kambaksh, a journalism student at Balkh University), were the two international journalists to receive its award. The winners, I was told, would travel to Italy for an awards ceremony. But I knew that would be impossible -- Kambaksh was in Kabul's prison. In October 2007, Afghan police arrested him for blasphemy, after he allegedly downloaded and distributed information about the role of women in Islamic societies, and he was sentenced to death in early 2008. His sentence was later commuted to 20 years in prison, after outcries from Afghan journalists and right groups. I received the ISF award for my work on a weekly satire cartoon magazine and blog, which was shut down in 2004. I received numerous death threats and was forced to leave the country for seven months that year.
After that phone call, I knew I had to tell Kambaksh about his award. I talked to Kambaksh's brother, Yaqub Ibahimi, who advised me not to say I know him or his case because authorities might not allow me to meet him, or I could be questioned myself. So, later in November, I had to make up a story. My cover story -- that my father, a pious man, had asked me to visit Kambaksh on the Muslim holy day of Friday -- got me past a few checkpoints at the prison, and I emerged with a series of stamps and signatures on the skin of my right hand. Inside the prison, there was a police office who held a handy loudspeaker to call prisoners by their names and cell numbers. After waiting half an hour, Kambaksh, appeared behind the bars. While two police officers were accompanied me, I moved forward and leaned on the bars so Kambaskh could hear my voice. After saying, "Salam and how are you," I was roughly pulled back by the officers and told to keep my distance. When I protested that other visitors were allowed to reach that point, one of the officers shouted that Kambaksh was not a normal prisoner. Amidst the noisy uproar of inmates chattering and doors clanging, I told Kambaksh he had won a freedom of expression award. He smiled, a grin full of bitterness. "I need help to get out of here," he told me. The officers pushed me back and asked me to leave.
SHAH MARAI/AFP/Getty Images

Pakistan's government appears keen these days to coddle its Islamist allies. A little over a week ago, Interior Minister Rehman Malik kissed and made up with Maulana Fazlur Rehman, leader of the conservative Jamiat Ulema-e-Islam (JUI-F). The JUI-F had threatened to walk out of the weak coalition government unless its demands were promptly met.
And what a list of demands. Chief among its priorities was the release of more than 300 JUI-F prisoners picked up from various parts of Khyber-Pakhtunkhwa for their alleged support or active involvement with the Taliban. The government rapidly folded, agreeing to free the terror suspects, most of whom have reportedly not been tried yet in a court of law.
But that's not all. The government also agreed to appoint one of Rehman's men to head the Council of Islamic Ideology (CII), a constitutional body that advises parliament and the government on Shari'a law. A conservative JUI-F cleric from Baluchistan, Mohammad Khan Sheerani will chair the body after its current chief, the charismatic, moderate Mohammad Khalid Masood, steps down in the next few days.
Pakistan's rights community was quick to criticize the move.
FAROOQ NAEEM/AFP/Getty Images

Over the past four years or so, Pakistanis have become addicted to Facebook. The social networking website is home to local celebrities, including former President Pervez Musharraf, who recenctly began using the website as a way to update his "fans" about his speaking engagements and his new political party. It has spawned a culture of its own -- fashion designers and musicians use Facebook as a marketing tool, tagging pictures is a full-time activity, and local telecom operators have used Facebook's mobile services as a selling point. After former Prime Minister Benazir Bhutto was assassinated and curiosity about her children grew, British tabloids published images of her son, Bilawal Bhutto-Zardari, that were taken from his Facebook page. Pakistani grandparents use Facebook as a way to communicate with grandchildren living outside Pakistan, and the five Americans who were arrested on suspicion of involvement in terrorism last year reportedly used it to try and get in touch with militant groups.
But all that has come to an end -- until May 31, at least. Earlier today, the Lahore High Court ordered that access to Facebook be blocked in Pakistan. The move came after a petition was filed in the court by a forum of Islamic lawyers protesting a Facebook page called "Everybody Draw Mohammad Day," which began as a protest itself against a radical group which had objected to a depiction of the Prophet Mohammed on the animated U.S. television program South Park. Facebook users in Pakistan had campaigned on the social networking website to "report" the page to Facebook authorities, but no action was taken.
Not surprisingly, Pakistanis across Pakistan have protested against Facebook. Pakistan sees protests on a daily basis against issues ranging from the electricity crisis to mass layoffs to Aafia Siddiqui's case.
While one Indian Twitter user joked that the difference between Jamaat-ud-Dawa and Facebook in Pakistan was that the front group for the militant organization Lashkar-e-Taiba is banned, it highlighted Pakistan's ironic tendency to act only when it comes to blasphemous content and not content that affects the state's security. Hateful and derogatory literature is available openly in Pakistan, and the Pakistan Telecommunication Authority has not attempted to block YouTube channels such as that of the Tehrik-e-Taliban Pakistan or videos of hate-laden speeches by Jaish-e-Muhammad leader Masood Azhar. Objectionable content is available on scores of different websites. Facebook was not the first to be blocked in Pakistan. What might be next?
Pakistan has an unfortunate history of blocking websites it believes are objectionable for blasphemy reasons. In 2006, Blogger.com and all blogspot.com addresses were blocked in Pakistan in the wake of the Danish cartoons controversy. Since the cartoon images had been posted on blogs hosted by Blogger, the entire website was pulled down for at least two months.
This February, YouTube was temporarily blocked for almost an hour. Once service had been restored, Internet users in Pakistan discovered that the video that had been blocked was of President Asif Ali Zardari allegedly screaming "shut up" to someone while addressing a crowd.
Ever-enterprising Pakistanis will undoubtedly find a way around the Facebook ban. When blogspot.com was blocked, a rerouting address was created for blogs hosted on the website. At least this time, Pakistan's ban did not affect the website in question the world over. In 2008, a Pakistani government attempt to block YouTube caused hours of downtime for YouTube users around the globe.
The new Facebook ban reflects the laws of Pakistan, where blasphemy is punishable by death or life imprisonment. But it also leads me to question the sense of a legal system that ordered an entire website blocked for the content of one page and points to the inanity of those who believe blocking the website in Pakistan will somehow stop would-be cartoonists. I also have to ask what this judgment will do to the morale of the thousands of young students who in 2007 mobilized to campaign for the restoration of Pakistan's judiciary and organized protests of then-President Musharraf's imposition of emergency rule -- using Facebook.
Saba Imtiaz works for the Express Tribune, an English-language newspaper in Pakistan.
RIZWAN TABASSUM/AFP/Getty Images

On Thursday, three women were attacked by two men in Kalat, Baluchistan who sprayed them with acid. The culprits escaped, and the three women -- sisters -- have been admitted to the hospital, with one, according to the BBC, in serious condition.
This is not the first time an incident like this has happened in Pakistan, and it's not the last. Having covered the state of human rights in the city of Karachi for more than four years now, I am encouraged that more and more women are registering reports about violence against them with the police. But what is appalling is that the number of incidents has also been steadily increasing. Whether it's beating up women or subjecting them to horrific acts of violence like throwing acid on them under the pretext of "honor," women, especially in the rural areas of Pakistan, are being subjected to all kinds of brutal acts, with little or no support from the Pakistani government.
In the summer of 2008, five women were buried alive in Baluchistan because they wanted to choose their own husbands. A few days after the news broke, the issue was raised in the lower house of Pakistan's parliament: Senator Israrullah Zehri defended the ghastly act, saying it was part of "tribal traditions." A few months after his statement, Zehri was made a federal minister.
The fact that a man -- an elected representative, no less -- who approves such acts of violence can be given a plum federal job demonstrates the Pakistani government's apathy towards the state of human rights, especially when it comes to women. Legislation, both existing and new, will allegedly afford women protection and imposes strict punishments on offenders, but somehow is never implemented.
Last year, after months of struggling through drafts and consultations with NGOs, women's rights groups, and other parties, the ruling Pakistan People's Party government introduced a bill in the National Assembly protecting women against domestic violence. While the bill was passed in the lower house, it never saw the light of day in the Senate and eventually lapsed.
What is needed, immediately, is for legislators to start work on implementing existing bills and laws that protect women's rights -- to ensure the police arrest the culprits of violence against women and bring them to court, so that they can be tried according to the laws of the land. As a second step, elected representatives must start working with the locals of their areas to bring about a change in the mindset of many Pakistanis, especially when it comes to women's rights. In some parts of Baluchistan, elected representatives are already the heads of their tribes, which would make this simpler. Change may take years to achieve, but we must at least start the process. If not, then Pakistan will continue to be a country where women are deprived of the most fundamental human right: the right to live.
Huma Imtiaz works as a journalist in Pakistan.
FAROOQ NAEEM/AFP/Getty Images

Closing Guantanamo and deciding what to do with future international terrorism suspects has been harder than expected. According to the LA Times, some U.S. officials are considering expanding U.S. detention operations in Afghanistan and creating a prison similar to Guantanamo to hold terrorism suspects in order to avoid trying them in U.S. courts due to lack of evidence. This is a bad idea -- a very bad idea.
Although it may be tempting to suggest Afghanistan as an alternative holding site for suspected terrorist from places like Yemen and Somalia, I can say with certainty that establishing mini Gitmos in other countries is not a solution. If we go that route it would undoubtedly lead to a public relations disaster for the U.S. military still trying to mend relations with the Afghan people, and put a strain on diplomatic relations with the Afghan government. Not to mention such a move is legally impermissible.
I went to Guantanamo in 2007, 2008, and 2009. I have also been to Afghanistan and looked at U.S. detention operations closely. Many former detainees I interviewed in 2009, who were from the southern and eastern parts of Afghanistan, were captured in their homes during night raids U.S. forces that terrorized extended families and often involving destruction of property. Some detainees I interviewed had been held for 2 years and some up to 5 years without any opportunity to review the evidence against them or to produce tribal elders or other witnesses who could vouch for their innocence and character.
From what I've observed these actions have undermined U.S. efforts, both military and political, in Afghanistan. In my conversations with Afghans and Afghan officials in 2009, the anger over night raids and arbitrary detention by international military forces are second to that of civilian casualties and has alienated the Afghan people. In 2009, however, top commander of U.S. and NATO forces in Afghanistan, Gen. Stanley McChrystal unveiled a new strategy that prioritizes protection of civilians, reforming U.S. detention practices, and winning back the support of the Afghans. To establish a "Gitmo" in Afghanistan could potentially undo all of this. Which might explain why Gen. McChrystal, is against establishing U.S. detention operations in Afghanistan.
Presently, the United States military in Afghanistan is already dealing with close to 800 detainees being held at the newly built Detention Facility in Parwan, including the small number of detainees captured outside Afghanistan and rendered to Bagram, during the Bush administration, some of whom are litigating their right to habeas in U.S. courts. (The previous Bagram Theater Internment Facility, which was the site of detainee deaths in 2002 and 2003 and abuse is no longer being used).
In September 2009 the Obama administration announced new detention reforms that include a new Detainee Review Board mechanism which for the first time allows detainees to bring in witnesses to rebut the military's allegations, although detainees don't have access to counsel. Detainees are eventually released, transferred to tribal elders under a reconciliation program, or tried in Afghan courts under Afghan law. (See Hidden justice: Do Obama's detention reforms in Afghanistan go far enough?). In 2009 Gen. McChrystal stated that the end goal is for the United States to transfer all detention operations to the Afghan government provided they have the capacity to process and try detainees fairly and in accordance with Afghan and international law. Task Force 435, which is responsible for U.S. detention operations in Afghanistan, plans to transfer the Parwan detention facility to the Afghan government in 2011, although the U.S. will still be involved in detention operations in some capacity. These plans, at least publicly, do not include expanding U.S. detentions in Afghanistan for future captures of terrorism suspects from Somalia, Yemen or elsewhere. But as the LA Times reported some White House officials are considering this as an option.
The business of capturing and transporting individuals from different countries to Afghanistan, which is an area of conflict, for warehousing beyond the rule of law and access to courts in laymen's term is kidnapping -- something that the United States should not be promoting as a matter of policy and constitutes a crime. Forcefully removing an individual from the territory of a state without an extradition process or judicial oversight violates that individual's right against arbitrary detention and as demonstrated in the post 9-11 rendition cases led to abuse and secret detentions. (Khaled al-Masri, a German national was transferred to CIA custody and held in Afghanistan where he alleged he was abused until U.S. officials realized that his capture was a mistake and released him in Albania. Abu Omar was captured from the streets of Italy and sent to Egypt where he alleged he was tortured. CIA agents responsible for his abduction were convicted for kidnapping in abstentia in Italy in 2009).
The debate about what to do with terrorism suspects not captured in a theater of combat is not new, but international law provides guidance. The international law of armed conflict, involving two or more states, allows the detaining authority to detain an individual with minimum legal processes until hostilities end. The Geneva Conventions does obligate the detaining authority not to remove civilians from occupied territory, to protect Prisoners of War, or, under Common Article 3, to provide certain protections to all prisoners detained in armed conflict. Whereas under the law of non-international armed conflict, which is not a war between two states, international human rights law imposes substantive and procedural constraints on a state's authority to detain and allows detention only if it is grounded in law, is not arbitrary, and subject to judicial review. Transfer of individuals from one country to another must be done through judicial oversight.
Putting aside the legality of authorizing future transfers to indefinite detention in Afghanistan, from a policy perspective such a decision would be an affront to the Afghan people and government whose sovereignty the United States recognizes and has been supporting, and would further damage U.S. counterinsurgency strategy of wining support of the Afghans against the Taliban.
Individuals captured anywhere outside Afghanistan should be lawfully transferred if evidence exists for either trial in U.S. federal courts, released or repatriated. They should not be rendered to a country where they are not citizens for indefinite detention and beyond the rule of law. Afghanistan should not be used as America's playground to warehouse alleged unsavory characters because the U.S. government chose not to gather the necessary evidence for fair prosecutions in U.S. courts or just needs these alleged bad guys off the streets. The United States should not be in the business of kidnapping and promoting global lawless enclaves.
Sahr Muhammedally is a humanrights lawyer based in London.
Paula Bronstein/Getty Images
By Sahr MuhammedAlly
The Obama administration's decision to move the trials of the five Guantanamo detainees accused in the 9/11 conspiracy -- including Khalid Sheikh Mohammed -- from the discredited Guantanamo military commissions and into federal civilian courts to face justice is a victory for the rule of law. Eight years later, the United States is finally bringing justice to the victims of the 9/11 attacks in a forum that is legitimate and credible. But the Justice Department should go further and try all detainees at Guantanamo in federal civilian courts, not military commissions.
I have observed several military commission hearings in Guantanamo including the arraignment of the 9/11 defendants in June 2008. What I saw in every hearing was a second-class system of justice that made up rules as it went along, used unfair evidentiary standards for defendants, and subjected some detainees to ill-treatment and abuse. At the June 5th arraignment of the September 11 defendants I recall thinking that should trial in the military commissions system continue, the American justice system will be as much on trial as the defendants' alleged crimes. But with the announcement that the cases will be transferred to federal courts, the government has recognized the need to shift the focus from the legitimacy of the judicial process to the validity of the actual accusations against the detainees.
Federal courts have a long and impressive track record of prosecuting complex terrorism cases while upholding due process and protecting national security. In a comprehensive study of 119 terrorism cases with 289 defendants, Human Rights First found that of the 214 defendants whose cases were resolved as of June 2, 2009, 195 were convicted either by verdict or by a guilty plea. By contrast, only three have been convicted in the broken military commissions. (For the full reports, see In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Court (2008) and In Pursuit of Justice Update (2009)).
Although the cases of Khalid Sheikh Mohammed, Ramzi Binalshibh, Waleed bin Attash, Mustafa Ahmad al-Hawsawi, and Ali Abd al-Aziz Ali will be tried in federal courts, the administration is still pursuing prosecution of a number of individuals via military commissions, including the suspected planner of the USS Cole bombing in Yemen in 2000, Abd al-Rahim al-Nashiri. And though new reforms to the military commissions include some improvements over previous laws, they still fail to provide many of the fundamental elements of a fair trial. For instance, military commissions continue to permit the admission of coerced testimony obtained at the point of capture; they use an overly broad definition of who can be tried before military commissions that includes juveniles and those not accused of engagement in hostilities; and they permit defendants to be tried ex post facto for conduct not considered a war crime at the time it was committed. Military commissions thus retain the possibility of unfairness and their continued use perpetuates the damaged legacy of Guantanamo.
The Justice Department made the right decision to transfer the cases of the 9/11 attacks to New York courts for prosecution. But by dividing detainees into different categories --those able to be tried in federal courts and those who will face military commissions -- the administration is sending a message that there is not enough evidence to try some detainees in federal courts and that those detainees deserve a second class system of justice that cuts corners. All Guantanamo detainee cases should be tried in federal courts. Only by pursuing this route can the United States return to a system of justice that upholds American values and laws and makes a clean break from the shameful era of Guantanamo.
Sahr MuhammedAlly is a Senior Associate at Human Rights First.
Mandel Ngan-Pool/Getty Images
By Brian Glyn Williams
Gen. Stanley McChrystal, the top U.S. and NATO commander in Afghanistan, has recently requested 40,000 additional troops to help fight an increasingly aggressive insurgency in the country. Below are three reasons why Democrats who have soured to the war should support his request.
1. Al Qaeda and the Taliban are one.
In the past few weeks Vice President Joe Biden has offered an alternative plan for Afghanistan that could be summarized as "fight terrorists not insurgents." Instead of sending McChrystal the 40,000 troops he has reportedly requested to wage a full blown counterinsurgency against the Taliban, this "limited" strategy calls for waging a counterterrorism campaign against al Qaeda. Rather than slug it out with the local Taliban, we should focus on the al Qaeda terrorists who attacked the U.S. on 9/11, and since al Qaeda is in Pakistan, American forces should simply rely on unmanned aerial drones to kill them there, according to this argument.
Republican writer and strategist George Will summed up this strategy by stating American forces should be "substantially reduced to serve a comprehensively revised policy: America should do only what can be done from offshore, using intelligence, drones, cruise missiles, air strikes and small, potent Special Forces units, concentrating on the porous 1,500-mile border with Pakistan, a nation that actually matters."
Putting aside the absurd assertion that Afghanistan somehow does not "matter," this call for monitoring a 1,500 mile "porous" border using fewer than 200 Predator and Reaper drones overlooks the logistical limitations of such a campaign. If America cannot stop Mexicans from entering America in the millions, how can it monitor the mountainous border between Afghanistan and Pakistan from afar ... using only drones? Most importantly, how can we look the Pakistanis in the eye after calling on them to go after the Taliban and al Qaeda on their own side of the border when we talk of withdrawing "offshore" to fight them on our side of the border? For the hammer (the U.S. in Afghanistan) and anvil (the Pakistani army) approach to work to prevent cross border raids the U.S.-led coalition needs to hit the Taliban from the Afghan side of the border while our Pakistani allies pressure them from the other side.
(Read on)
By Sahr MuhammedAlly
The new Detainee Review Board (DRB) procedures for the approximately 600 detainees currently held in Bagram Air Base, Afghanistan, are an improvement over the existing review regime, which has resulted in prolonged and unjust detention and has been a growing source of frustration and decreased Afghan support for U.S. presence in Afghanistan. But these reforms do not address the core of U.S. detention problems that persist in Afghanistan -- problems that undercut America's counterinsurgency goals there.
I went to Afghanistan earlier this year to speak to former detainees suspected of involvement with the insurgency imprisoned by U.S. forces at Bagram. What I found was troubling. Many were captured in their homes during night raids that terrorized extended families, often involving destruction of property, sometimes even death to innocent bystanders. Detainees I interviewed had been held for 9 months, 2 years, and some up to 5 years without any opportunity to review the evidence against them or to produce tribal elders or other witnesses who could vouch for their innocence and character.
Take, for example, Wazir [which is a pseudonym; he asked me not to use his real name] who was released from Bagram in March 2009. He was captured one morning while working at a base on construction projects with U.S. forces, and showed me certificates of appreciation he'd once been awarded by the Americans. One morning in November 2007 while he was working at the base, soldiers handcuffed him and placed him in an isolation cell. He was eventually taken to the U.S. central detention facility at Bagram Air Base, where he was interrogated and told that U.S. forces had intercepted suspicious conversations on his satellite phone. Wazir asked to hear the recording of the voices and see the evidence against him. His requests were denied and he remained in detention for sixteen months, never to learn why he was detained or indeed, when he was eventually released.
The majority -- but not all -- of the hundreds of detainees held at Bagram as part of Operation Enduring Freedom are Afghan. The public does not know their names, their alleged offenses or how long they have been imprisoned. Worse yet, the prisoners themselves are kept in the dark about what evidence led to their capture and detention, as well as the reasons for their eventual release.
And a lack of information is not their only source of frustration. During my conversations with former Bagram detainees, another reoccurring theme emerged -- false accusations grounded in tribal rivalries and personal animosities were the reasons many detainees believed they had been arrested. Add cultural and language barriers between Afghans and foreigners to the mix and you have fertile ground for miscommunication, misidentification, and a recipe for arbitrary arrest and detention. It's not only the former detainees who have raised this concern. I spoke with a number of Afghan government officials who confirm that such mistakes have increasingly become a source of frustration and anger for Afghans.
The United States has paid a high price for these and other mistakes in Afghanistan. Civilian casualties, arbitrary detention, mistaken captures, ill-treatment and intrusive house searches have led to decreasing Afghan support of the U.S. mission. A 2009 ABC News poll found that only 37% of Afghans say they support Western forces, down from 67% in 2006, citing unjust U.S. military practices as reasons.
Can the new Detainee Review Board procedures turn things around for the United States in Afghanistan? Not on their own, but they do mark an important and long overdue first step. For example, the new DRB procedures revealed this week allow detainees to have the assistance of a military personal representative, but not an attorney, who can assist in their appeal for release. Detainees will not have access to all the evidence and information that led to their detentions, but the personal representative will have access to all evidence, including the classified portions, that is relied upon by the three-member military review panel that decides whether to release, transfer to Afghan authorities for prosecution, or continue the detainee's detention. Detainees may now call "reasonably available witnesses" on their behalves, an important shift from the earlier policy that did not permit detainees to call any witnesses, "reasonably available" or not.
Building on these initial reforms, the United States should now take additional steps to ensure an end to the arbitrary detentions that have undermined its counterinsurgency goals. For example, given the discredited Combatant Review Status Tribunals (CSRTs) in Guantanamo, which were found as an inadequate substitute for habeas by the U.S. Supreme Court in 2008, detainees should be allowed to have lawyers, not just personal representatives, so they are given a fair opportunity to challenge their detentions. A lawyer, unlike a non-lawyer military representative, would be independent and more effective in gathering witnesses and evidence to challenge the lawfulness of his client's detention. It is unclear whether the policy guidance prohibits reliance on coerced evidence in determining a person's detention status, but if this is indeed the policy, it should be explicit and made public. Independent human rights observers should also be allowed to monitor implementation of the new procedures, as the Defense Department has already suggested, in order assess the effectiveness of the new procedures.
But quite apart from review procedures, reforms are needed to improve the reliability of information leading to capture in the first place. Review of rules of engagement during house raids might also be useful and necessary to reduce harm to persons and property during arrests. In addition, the United States should seek Afghan "buy-in" and more local involvement in detention-related matters in order to provide legal legitimacy and to further the goal of making Afghans responsible for their own security.
Successful counterinsurgency strategy depends on U.S. actions being seen as fair by the Afghan people, whose consent and cooperation is needed to further U.S. goals in ensuring a stable Afghanistan. To this end, the United States and Afghan government should enter into public security agreements which detail rules for capture, detention, and treatment of persons in Afghanistan that are consistent with international humanitarian and human rights legal standards. A transparent and public agreement that complies with international law will give legitimacy to foreign military actions among the Afghan population and will promote the rule of law.
Fair and legitimate reforms would deprive al Qaeda and the Taliban the propaganda and recruiting opportunities created by unjust military practices. Respect for the rights of Afghan citizens is not only an important element to defeat of the insurgency, it is also a necessary precondition to establishing long-term stability through the rule of law.
Sahr MuhammedAlly is a Senior Associate in the Law and Security Program at Human Rights First.
Spencer Platt/Getty Images