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Subject: [R-G] Allies justify mass killing - The Guardian

http://www.guardian.co.uk/afghanistan/story/0,1284,608721,00.html

The Guardian                  Thursday November 29, 2001

Allies justify mass killing

     Allies justify mass killing of Taliban prisoners in fort

     By Nicholas Watt, Richard Norton-Taylor, and Luke Harding
     in Mazar-i-Sharif

Britain and the US were facing growing international pressure last night to
explain their role in the deaths of up to 400 Taliban prisoners who were
killed by US warplanes and Northern Alliance fighters at a fortress outside
the northern Afghan town of Mazar-i-Sharif.

As America was forced to apologise for the high death toll, the UN said its
high commissioner for human rights, Mary Robinson, would question the allied
action during a visit to London tomorrow.

The former Irish president will call for alliance forces who have abused
human rights to be barred from Afghanistan's future government.

The Pentagon was also investigating a Reuters report which said a senior
Pashtun commander admitted executing 160 captured Taliban after a battle
last week in the town of Takteh Pol, in southern Afghanistan, in the
presence of US military personnel.

The commander of forces loyal to Gul Agha, a former mojahedin governor of
Kandahar, is quoted as saying: "We tried our best to persuade [the Taliban]
to surrender before we attacked. But they replied with abuse so we had no
choice. We executed around 160 Taliban that were captured. They were made to
stand in a long line and five or six of our fighters used light machine guns
on them." 

The commander said seven or eight US military personnel, who had been
filming the fighting, tried unsuccessfully to prevent the killings.

In an unrelated incident, earlier today the Pentagon announced that during
the drop of humanitarian aid on Afghanistan, a woman and a child had been
killed when a load landed on their house.

Britain and the US defended the action of American special forces who
directed warplanes to bomb hundreds of Taliban prisoners at the Mazar
fortress after an uprising. One British government source said: "We had to
deal with a situation in which prisoners tried to break out with grenades
and Kalashnikovs. That situation had to be dealt with and you cannot be too
squeamish." 

Kenton Keith, the chief US spokesman in Islamabad, said: "We are sorry that
so many people did die in Mazar-i-Sharif." He insisted that the bombing was
"not a massacre, not a reprisal", adding: "What happened in Mazar-i-Sharif
was a pitched battle."

His response failed to satisfy human rights groups and opposition MPs who
believe the US may have breached international law by bombing the Taliban
forces, many of whom were tied up and unable to move. Human rights lawyers
said that any response to an armed revolt by prisoners of war should be
proportionate. 

As Amnesty International called for a full investigation, the UN said its
high commissioner for human rights will voice her disquiet over the bombings
at a press conference in London tomorrow.

The UNHCR spokesman, José Diaz, said: "Mary Robinson has said one of the
things that should be kept very much in mind is the necessity and
proportionality [of military action]. This incident might provide an
argument for developing this stance."

Tony Blair faced pressure at home last night when Menzies Campbell, the
Liberal Democrats' foreign affairs spokesman, questioned the bombing of the
fortress. "The UN is best placed to make an urgent, impartial inquiry," he
said. "The governments of any of the Taliban troops who were killed as a
result of the aerial bombardment may well feel that the response was
disproportionate." 

The US named the CIA officer who died in the revolt as Johnny "Mike" Spann,
32. 

Mr Spann and a second CIA colleague are alleged to have sparked the revolt
on Sunday when they attempted to question foreign Taliban fighters about
their links with al-Qaida, according to Northern Alliance soldiers and a
German television crew at the fortress.

The Red Cross said that its workers on the ground would try to answer the
"many unanswered questions" that have arisen. A spokeswoman said: "We will
be asking the alliance and the coalition forces whether the response was
proportionate. How many of the prisoners were armed and how many had a real
combat role? 

"If 700 prisoners were heavily armed then it may be argued that the fortress
became a legitimate combat target. But nobody knows the answers to these
questions." 

Human rights groups were less circumspect. Amnesty International said: "An
urgent inquiry should look into what triggered this violent incident,
including any shortcomings in the holding and processing of the prisoners,
and into the proportionality of the response by United Front, US and UK
forces." 

Sadiq Khan, a London-based human rights lawyer, said there appeared to have
been a breach of the Geneva convention, which says prisoners "must at all
times be humanely treated". Mr Khan said: "There is no doubt that the
prisoners' human rights were violated."

He added that international law, which says that any military response
should be proportionate, may also have been broken. "There should be an
urgent inquiry as to whether the International Criminal Court should be set
up to assess whether war crimes have been committed.

"If this is a war, and the US says it is, then rules of engagement should
apply. It does not sound like the [US bombing] was a proportionate response.
Many of the Taliban were tied up."

The criticism of the bombing comes amid growing British disquiet at the
tough language adopted by the US defence secretary, Donald Rumsfeld, who
said America was "not inclined to negotiate surrenders" and that he hoped
al-Qaida forces would "either be killed or taken prisoner".

"Belligerence is not helpful," a British defence source said.

A 1977 protocol to the Geneva convention makes it illegal "to order that
there shall be no survivors".



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