Justice Update – Who Answers for the Crimes of International Forces in Afghanistan?

Clockwise from top left: Iain Overton, Thijs Bouwknegt, Ben Saul and Rachel Reid.

In this episode we’re adding on to our miniseries from earlier in the year where we examined accountability for war crimes committed by foreign forces during Afghanistan’s 20-year conflict.

Following on from our coverage of Australia’s Brereton Inquiry, we’re now turning to the UK, the Netherlands, and beyond—asking: how are other countries reckoning with their role in the conflict? We discuss various types of investigations currently taking place and what justice might look like going forward.

First we speak with Iain Overton, Executive Director of the charity Action on Armed Violence, about the UK’s ‘Independent Inquiry Relating to Afghanistan’, currently underway to investigate allegations of extrajudicial killings by it’s SAS troops.

Then Thijs Bouwknegt, from the NIOD Institute for War, Holocaust, and Genocide Studies talks to us about the Dutch investigation currently taking place. This is a historical investigation, requested by the Dutch government, which is aiming to provide analysis and perspective on the Dutch involvement in Afghanistan from 2001 to 2021, including military operations, diplomatic efforts, and non-governmental involvement.

We also heard from Ben Saul, the United Nations Special Rapporteur on Human Rights and Counterterrorism, and Rachel Reid, a human rights specialist and senior writer at the Afghanistan Analysts Network. They shared their perspectives on the broader avenues for justice, including the current scope of the ICC’s investigation into Afghanistan and the potential role of a UN investigative mechanism.

This podcast has been produced as part of a partnership with JusticeInfo.net, an independent website in French and English covering justice initiatives in countries dealing with serious violence. It is a media outlet of Fondation Hirondelle, based in Lausanne, Switzerland.