US: Afghanistan hospital attack not a war crime

US Central Command released its final report April 29 on the October air-strike that hit a Doctors Without Borders (MSF) hospital in Kunduz, Afghanistan, finding that the strike was not a war crime. The investigation concluded that the gunship's ground crew and operators were not aware they were firing on a medical facility. Because there was no intent to fire upon a medical facility, there was no war crime, the report concluded. US Secretary of Defense Ash Carter expressed his condolences in remarks and sent a memorandum (PDF) directing specific actions to prevent future incidents. Sixteen individuals are reportedly facing discipline for their roles in the attack. MSF said it will review the report and reiterated calls for an independent investigation.

From Jurist, April 29. Used with permission.

  1. Doctors Without Borders responds to Pentagon on Kunduz attack

    From Doctors Without Borders, April 29:

    The administrative punishments announced by the US today are out of proportion to the destruction of a protected medical facility, the deaths of 42 people, the wounding of dozens of others, and the total loss of vital medical services to hundreds of thousands of people. The lack of meaningful accountability sends a worrying signal to warring parties, and is unlikely to act as a deterrent against future violations of the rules of war. At the same time, it has become clear that the victims and their families have neither the option to pursue legal action against the US military, either in Afghanistan or in the US, nor to claim compensation for loss of life and livelihood. This has only compounded the devastation of the attack.