
As one who has actually been to Afghanistan and seen how the military cares for and treats detainees, it’s a little difficult to swallow the news that the International Criminal Court could investigate Canada for so-called war crimes. I’m not sure what that would accomplish, but it certainly would do nothing to help with the main problem in the country: the insurgency.
I’m unsure as to how or why anybody believes that Canada’s role in Afghanistan is anything more than a humanitarian mission buttressed by security. We’re in the country to provide stabilization for the democratically elected (thought admittedly corrupt and fraudulent) government with whom we have specific agreements and rules we must follow.
In providing security to Afghans we are not allowed to hold Afghan nationals for more than 96 hours in our custody, though at the time of the allegations (pre-2007) this was 72 or 48 hours.
It doesn’t seem reasonable to me to expect a foreign military with finite resources to ensure absolute humanitarian oversight of detainees after they’ve been handed over to the Afghan government. That’s like expecting a police officer in Canada to ensure proper oversight of a prisoner he has arrested and brought to justice. Is a police officer morally culpable if a prisoner is raped in prison?
The answer in Afghanistan appears to be yes, but only if the arresting party knew that the prisoner would be likely to be exposed to harm. Well, in Canada we know that many prisoners are likely to be exposed to violence and rape in prison as a matter of routine consequence. So, again, who is responsible in a moral sense? The system allowing the rape and violence? Or the police officer doing his job?
Even worse, most Canadians are not aware that the charges facing us are based upon the 2005 agreement signed by Prime Minister Paul Martin and General Rick Hillier with the Afghan government, which did not include the sort of oversight that exists in the revamped 2007 agreement. The system now is very clean and involves oversight from third party humanitarian agencies, in particular the International Red Cross, who has said it presently has no issues with Canada or any other NATO member.
But what bothers me the most is we are seeing torture through a very narrow prism of self-interest. Canadians only seem to be interested in the kind of torture taking place in which Canada may have had an indirect hand, but not torture in the broader context and problem that it is in Central Asia. The facts remain and are borne out in many studies, that although torture is ubiquitous in Central Asia, it has been significantly reduced since the fall of the Taliban, and detainees captured by NATO enjoy perhaps the highest exemptions from mistreatment of any Afghan citizen.
According to a 2009 International Red Cross Survey, those Afghans who report having been tortured has dropped to 29 per cent from 43 per cent in 1999 during the Taliban rule. That one in three Afghans have still reported being tortured in some manner is disturbing, but it does provide a more contextual analysis than the cherry-picking of detainees who went through Canadian custody.
The Canadian military is also relatively savvy to what irks the population back home, which is why it now usually brings along ANA soldiers or ANP police who can take detainees directly into custody without ever having changed hands from Canadian to Afghan authority. In this manner, because Canadians are only interested in torture if it occurs to detainees who went through our control, our military can never be “complicit” in torture. Never mind if torture occurs independently of Canadian involvement.
What is more perverse than any of this is the fact that Canada would be investigated for third-party complicity in war crimes, when there’s a foe out there that has little qualms about murdering women and children indiscriminately. It’s difficult to bring to trial an insurgent army that has signed no international agreements and abides by no rules of international law.
There’s a reason why Canada has lost its appetite for humanitarian work in Afghanistan and it’s because we have focused so much on how well the Taliban have been treated in Afghan custody that we’ve lost sight of the bigger picture. Public morale has been sapped by such gross distortions of our work over there that at this point it makes little sense to try explaining or justifying it any more.
Our military has a job to do and it will continue to do it in the same professional manner it has since the beginning, until it is called back home. What the International Criminal Court rules is of little consequence to anyone.











