The resolution which was passed earlier by the lower house of Parliament, Wolesi Jirga, on 31 January 2007 provides impunity to the war criminals including Taleban leader Mullah Mohammad Omar.
This law would defeat the government's attempt to establish accountability under the “Action Plan on Peace, Reconciliation and Justice in Afghanistan ” launched on 10 December 2006.
The National Reconciliation Charter negates the cardinal principles of jurisprudence on war crimes that there can neither be any amnesty nor statutory limitations to try the war crimes. Rather the United Nations “Principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity” makes it mandatory for the state parties to extend cooperation for the prosecution of the war criminals.
If international community including the United Nations Security Council was serious about the prosecution of the war criminals in Afghanistan, nothing could have stopped them to take necessary measures to refer the war crimes in Afghanistan to the International Criminal Court which has been investigating war crimes among others committed by the rebels in Uganda. After all, Afghanistan has already ratified the ICC Statute in February 2003.
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