GENEVA, Oct 6 — The United Nations (UN) Human Rights Council is to investigate abuses in Afghanistan, which could eventually enable criminal investigations into suspected violations by both the Taliban and foreign troops, including those from the United States (US).
The US, which had troops in Afghanistan until 2021 within a Nato coalition, has previously opposed scrutiny of its actions, for example, by the International Criminal Court, but backed research into suspected Taliban violations.
Its President Donald Trump has disengaged from the Geneva rights council and did not take a stance in the negotiations on the European Union (EU) proposal for the investigation, according to diplomats.
However, a State Department spokesperson said late on Sunday, before it was adopted on Monday without a vote: "Under the leadership of President Trump, the United States government will not tolerate international organisations that attempt to exert unlawful jurisdiction over American troops."
No time limit on probe
The EU motion calls for investigators to prepare evidence for future court proceedings and is among the strongest form of UN rights probe, on a par with existing investigations into suspected crimes in Syria and Myanmar.
For years, both Afghan and international rights groups have sought such a probe. Calls have become louder as the Taliban tightened restrictions on women and freedom of expression.
The Taliban authorities say they respect rights in line with their interpretation of Islamic law.
While the EU proposal for an investigation did not specifically mention abuses by international troops, it is described as "comprehensive" and has no time limit, meaning it could address these, diplomats said. The exact scope will be determined when investigators are appointed.
Investigations launched by the 47-member council can lead to war crimes prosecutions. Some countries which sent troops to Afghanistan, like the United Kingdom and Australia, have initiated inquiries, but prosecutions have been rare.
Human Rights Watch Afghanistan researcher Fereshta Abbasi called the launch a "significant step that could break a decades-long cycle of impunity".
The new investigation would cooperate with an existing ICC probe. The ICC has previously indicated it would deprioritise suspected crimes by US forces after Trump imposed sanctions in 2020 over its Afghanistan work.
China's delegate Wang Nian criticised the proposal's cost of US$9.2 million (RM38.78 million) over three years amid a UN funding crisis, saying it was unbalanced.
