US Conveniently Decides Bombing of Hospital Not a War Crime

A wounded Afghan man, who survived a U.S. air strike on a MSF hospital in Kunduz, receives treatment at the Emergency Hospital in Kabul October 8, 2015. | Photo: Reuters

The U.S. bombing of a Doctors Without Borders-run hospital in Afghanistan that killed 42 people, including 14 staffers, and injured 37, was not a war crime, a U.S. military investigation concluded Friday. Doctors Without Borders responded by saying that the U.S. military's bombing of the civilian hospital showed a disregard for the laws of war.

The report released by U.S. Central Command, stated that the hospital was not the intended target. The location U.S. forces meant to hit was the National Directorate of Security compound.

"The investigation concluded that certain personnel failed to comply with the rules of engagement and the law of armed conflict," General Joseph Votel, commander of U.S. Central Command, said in a news briefing on Friday to release the final report. "However, the investigation did not conclude that these failures amounted to a war crime."

The reasoning behind this decision is that the term "war crimes" is usually "reserved for intentional acts."

The report said condolence payments had been made to more than 170 individuals and families and $5.7 million had been approved to reconstruct the MSF facility.

General Joseph Votel, commander of CENTCOM, said in a news conference today that $3,000 had been paid for those injured, and $6,000 for those killed.

Doctors Without Borders, which maintains that there were no fighters in the hospital and no legitimate reason for the U.S. to strike the health facility, released a statement today that seems to suggest it is not content with the findings.

In the same statement, MSF had 10 questions for the U.S. armed forces. These include "what are the limits of engagement of US forces in combat activities," and "during the airstrike, how many calls or warnings were recording from Afghan Special Forces to the US Special Forces commander or the Joint Terminal Attack Controller to inform them of the targeting error, i.e. that the intended target … was not being hit?"

According to Doctors Without Borders President Meinie Nicolai, the U.S. military's response amounted to "an admission of an uncontrolled military operation in a densely populated urban area, during which U.S. forces failed to follow the basic laws of war."

The humanitarian organization "will take the time necessary to examine the US report, and to determine whether or not the US account answers the many questions that remain outstanding seven months after the attack."

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