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Obama’s Apology Fails to Convince Médecins Sans Frontières DOD’s Investigation Is Adequate

The MSF hospital in Kunduz after a US plane bombed it.

The MSF hospital in Kunduz after a US plane bombed it.

I noted yesterday how General John Campbell and Senator Dan Sullivan responded when Jeanne Shaheen raised the possibility of an independent investigation into the attack on the Médecins Sans Frontières hospital in Kunduz.

Since that time, MSF had a press conference reiterating its call for an independent investigation and released before and after video from the hospital, with lots of pictures of children receiving medical care.

Yesterday, when a journalist asked if President Obama planned to apologize to MSF, Press Secretary Josh Earnest said “we would want the investigations to be completed, to have a full accounting of what transpired, and some discussion about what next steps will be necessary,” suggesting the President would wait for the conclusions of the investigation.

Nevertheless, just a day later, Obama called MSF president Joanne Liu today and did just that, apologized.

While apology has been widely reported, what I have not seen reported is that Obama offered the same spiel that General Campbell offered yesterday, about how independent and swell DOD’s investigation would be.

President Obama spoke today by phone with Doctors Without Borders (MSF) International President Dr. Joanne Liu to apologize and express his condolences for the MSF staff and patients who were killed and injured when a U.S. military airstrike mistakenly struck an MSF field hospital in Kunduz, Afghanistan. During the call, President Obama expressed regret over the tragic incident and offered his thoughts and prayers on behalf of the American people to the victims, their families, and loved ones. Acknowledging the great respect he has for the important and lifesaving work that MSF does for vulnerable communities in Afghanistan and around the world, the President assured Dr. Liu of his expectation that the Department of Defense investigation currently underway would provide a transparent, thorough, and objective accounting of the facts and circumstances of the incident and pledged full cooperation with the joint investigations being conducted with NATO and the Afghan Government.

Shortly thereafter, Obama called Afghan President Ashraf Ghani, offered an apology to him too, then reiterated their ongoing cooperation.

I’m glad Obama apologized to MSF for DOD killing 22 people at their hospital, most of them MSF workers.

But given the effort to convince everyone that this investigation — which contrary to promises has already proven to be less transparent than leaks to the NYT — will be adequate, I can’t help but conclude that a similar effort at persuasion was as much the purpose of Obama’s call as any expression of remorse.

The US sure seems to want to avoid an independent investigation into this bombing. Why?

Update: And MSF isn’t buying it. Liu came reiterated her call for an independent investigation after the call.

We received President Obama’s apology today for the attack against our trauma hospital in Afghanistan. However, we reiterate our ask that the U.S. government consent to an independent investigation led by the International Humanitarian Fact-Finding Commission to establish what happened in Kunduz, how it happened, and why it happened.

The Two Strands of (Non) Accountability on Kunduz

Contrary to much sloppy reporting, General Campbell did not change his story about the Kunduz strike in his testimony Tuesday. As I noted Monday, towards the end of his press conference that day, Campbell admitted, “Afghans asked for air support from a Special Forces team that we have on the ground to train, advise, and assist, in Kunduz,” which is precisely what some people claim was “new” yesterday.

The question, then, should turn to what the relationship between the US Special Forces who called in the strike and the Afghans who asked for it was — and what the thinking of both was. On that point, Campbell dodged, claiming that (and any details about Rules of Engagement) would come out in the investigation. Campbell was very insistent that SOF was only on the ground for a train, advise, and assist mission. But that clearly addressed their general status, not what they were doing at the moment the strikes were called in. And DOD-sourced reporting from last week made it clear US forces were doing more than training, advising, and assisting just days before the attack on Médecins Sans Frontières.

U.S. Special Forces traded fire with Taliban insurgents in the northern city of Kunduz, the U.S. military said Friday, a rare direct ground engagement for American troops stationed in the country.

The clash on Thursday marked the first time U.S. ground forces are known to have directly fought the Taliban since the militants stormed Kunduz on Monday. It came as the U.S. stepped up airstrikes this week against Taliban targets in Kunduz province and elsewhere in the country’s north.

U.S. Special Forces advisers “encountered an insurgent threat in Kunduz city” and “returned fire in self-defense to eliminate the threat,” said U.S. Army Col. Brian Tribus, spokesman for American and allied troops in Afghanistan.

About 100 U.S. and coalition special-operations forces advisers were deployed to Kunduz earlier this week to provide tactical guidance to their Afghan counterparts as they fought to reclaim the provincial capital from the Taliban.

So on Friday, DOD was willing to admit our TAA mission actually involved direct fire. The first reports from the field said that in response to direct fire, SOF called in air strikes. But as MSF called for investigations into a war crime, DOD switched that part of the story to a strict TAA role, without telling us where the forces who called in the strike were, or what they were doing.

Without answering that question, two stories have made it clear that whoever called in the strikes didn’t do what they should have with regards to vetting the strikes. There’s this WaPo story that notes AC-130 strikes, like that used in this attack, rely on visual targeting assist from the ground.

Unlike other military fixed-wing aircraft, an AC-130 is requested differently. While a jet requires a map coordinate to engage its target, the AC-130 relies on direction (a compass heading) and a distance to the enemy target from the friendly forces engaged on the ground. In short, it relies on visual targeting.

This difference might explain why the hospital was targeted even though Doctors Without Borders said it had given U.S. and Afghan forces its map coordinates before.

“It’s a visual acuity aircraft,” said a U.S. close-air support pilot who spoke on the condition of anonymity because of his active-duty status. “An AC-130 finds the friendly force, then fires over their left or right shoulder.”

The pilot went on to add that an AC-130 does not enter enemy airspace and look for targets. It specifically has to be guided onto the target by a force on the ground and will fire only after identifying friendly and enemy forces, he said.

It also notes that normally (Thursday’s events notwithstanding) when SOF comes under fire they (among other things) call in air strikes.

These “train, advise and assist” missions are a staple of U.S. Special Forces capabilities and have been conducted extensively in recent years. In combat situations, rather than return fire, U.S. troops on these missions are more likely to help direct communication, casualty evacuation and direct air support from an AC-130, for instance, if it is available.

As a result, there has been little direct contact between U.S. troops and the Taliban since most U.S. forces were relegated to the sidelines when official combat operations ended last year.

Last night, another passive voice-ridden NYT story reports that General Campbell, after promising full transparency, went around DC saying something rather different than what he was saying publicly: that what the WaPo says should have happened probably didn’t.

The American commander in Afghanistan now believes that United States troops who called in an airstrike that decimated a Doctors Without Borders hospital probably did not follow rules that allow for the use of air power only in dire situations, according to American officials familiar with the general’s thinking.

Under those rules, airstrikes can be authorized to kill terrorist suspects, to protect American troops, and in response to requests for help from the Afghan Army in battles that could significantly alter the military landscape in Afghanistan — such as the recent Taliban takeover of Kunduz — but not necessarily smaller firefights. The idea behind the rules of engagement was to give American troops leeway but not see them dragged back into daily, open-ended combat.

In private discussions with officials in Washington, Gen. John F. Campbell, the commander, has expressed his belief that the decision by Special Operations forces operating “in the vicinity” of the Afghan troops in Kunduz likely did not meet any of those criteria, according to the officials, who spoke on condition of anonymity because they were not authorized to discuss the incident.

The Special Operations forces also apparently did not have “eyes on” — that is, were not able to positively identify — the area to be attacked to confirm it was a legitimate target, before calling in the strike, the officials said.

If the NYT reporters who wrote this are aware that the MSF strike was the 12th in Kunduz province last week (to say nothing of the direct engagement by US forces), they failed to hint at that fact — perhaps because it would undermine much of this story.

In any case, even if Campbell’s non-transparent judgements are honest — that what caused the attack from the US stand point was a violation of procedures and/or rules of engagement — that shouldn’t end the story (but it appears to be doing so).

The one part of the story that has changed since Saturday was that the Afghans, and not the Americans, determined a strike was necessary (though that strike had to go through normal channels). Which ought to lead some focus back to what the Afghans were initially saying, which is that Taliban fighters were at the MSF compound (something MSF has vigorously refuted).

“When insurgents try to use civilians and public places to hide, it makes it very, very difficult, and we understand how this can happen,” Koofi said. “You have two choices: either continue operations to clean up, and that might involve attacks in public places, or you just let the Taliban control. In this case, the public understands we went with the first choice, along with our international allies.”

In Kunduz, the acting governor, Hamdullah Danishi, also suggested that the airstrike was warranted.

He said Taliban fighters had been using the Doctors Without Borders compound to plot and carry out attacks across the city, including firing rocket-propelled grenades from the property.

“The hospital campus was 100 percent used by the Taliban,” Danishi said. “The hospital has a vast garden, and the Taliban were there. We tolerated their firing for some time” before responding.

And some focus on the raid Afghan Special Forces launched on the hospital in July is also in order.

Afghan special forces raided a hospital run by medical aid group Médecins Sans Frontières in northern Afghanistan, in search of a suspected Al Qaeda operative being treated there, a commander of the elite force said on Thursday.

Raids on hospitals are rare because they are protected by international law and those run by foreign aid agencies in Afghanistan provide crucial support to war victims, who may travel for days to get assistance.

It was unclear if Wednesday’s raid by a contingent of special forces from the capital, Kabul, had succeeded in capturing its target, Kunduz special forces commander Abdullah told Reuters.

“I was told he was an al Qaeda member being treated at the MSF hospital,” Abdullah said.

Even if Afghan forces genuinely believed the Taliban was operating from within the hospital, there would be a lot of hoops they’d have to jump through before treating it as a legitimate target. If Afghan forces had SOF strike the hospital because they didn’t like that it accepted all people, then it’d be a clear war crime.

The point is, assuming US forces weren’t directly engaged in the fighting and didn’t themselves call in the strike, there are two levels of accountability here: on the Afghans who asked for the strike, and on SOF, which vetted it and carried it out.

If the Afghans deliberately targeted a hospital on unsound grounds, then the strike is in no way an accident — and may have been enabled when Americans failed to follow procedure.

There seems to be a strong desire to ignore the Afghan side of the equation (in part because the Afghans and the US military both want Obama to approve continued troops in Afghanistan). But no one should be declaring this an “accident” or “mistake” without fully accounting for the Afghan decision to call in the strikes. And that hasn’t happened yet.

General Campbell Not a Fan of an Independent Investigation into MSF Strike [Updated]

General John Campbell, who is in charge of military operations in Afghanistan testified before the Senate Armed Services Committee Tuesday. There was a telling exchange between him and Jeanne Shaheen.

After talking about how much everyone regrets the accident of targeting Médecins Sans Frontières, Shaheen asked Campbell if he would support an independent inquiry into what happened (that MSF continues to demand). Here’s the exchange:

Shaheen: I appreciate your talking about the effort to conduct an investigation on our part but do you have any reason to object to having an independent investigation done by the UN or another independent body of what happened?

Campbell: Ma’am, I have trust and confidence in the folks that will do the investigation for NATO, the folks that’ll do the investigation for DOD and the Afghan partners, and so all the very very tough questions that we’re asking they will get after that. My investigating officer again is a Brigadier General, Rich Kim, I have all the trust and confidence that he will, he will get answers to all of those questions, and he’ll continue to work that very hard and will continue to be transparent and provide all of that to this committee and to the American people as we move forward.

Shaheen: But as I understand your answer, then, you would not object to and would cooperate with an independent body, other than NATO or our Department of Defense in doing that kind of an investigation.

Campbell: I would let my higher headquarters or senior personnel make that decision. We are reaching out, again, to Doctors without Borders and the personnel that were on site, making sure that we get all side of the story, I did talk again to the investigating officer this morning, he has done that, he has talked to a few, he’s continuing to try to get out to locations where he can talk to doctors, nurses, survivors of that to make sure he gets all of that.

All of which is a roundabout way to say he’s been sent out here to try to squelch calls for an investigation by anyone besides a Brigadier General. Later in the hearing, Campbell dodged a question from Mike Rounds about how long this might take, though did say he would probably have a preliminary investigation done in a month.

Someone must have been panicked by Shaheen’s question because Dan Sullivan, in using his term to clean up some issues, addressed Shaheen’s question and helped the General shoot down the possibility of an investigation.

Sullivan: Senator Shaheen had asked about a UN investigation, possibly, into the hospital accident. Does the UN usually investigate major deliberative — deliberate attacks on civilians in Afghanistan when they’re conducted by the Taliban?

Campbell: Sir, I haven’t seen it in the past. Quite frankly I don’t know —

Sullivan: I don’t think they do, typically. Do you think it would seem fair or balanced if the UN conducted an investigation which was clearly on something that was accidental? — the hospital bombing — when they don’t investigate deliberate Taliban killing of civilians. Do you think that would be viewed as fair or balanced or as something the Command needs or would welcome?

Campbell: Sir I can’t comment on how the UN would do that. What I can comment on as I said up front earlier is I have complete trust and confidence in the team that we have to be thorough, transparent. And if there were mistakes made, we’ll make sure that those come out, if there’s people we have to hold accountable, we’ll make sure we’ll do that. I have every trust and confidence in the US and the NATO investigation ongoing, uh, —

Sullivan: I think so do, most of us here do as well. Not, I don’t, I certainly don’t think an additional investigation by the UN would be warranted or be welcome by this committee.

In other words, people really don’t want an independent investigation of this.

Update: Sullivan is wrong about whether the UN investigates Taliban killing of civilians. While the UN hasn’t done a lot of recent human rights reporting — aside from a report on the status of women — when it did do reporting It includes the Taliban’s targeting of civilians in its findings, as in this 2008 report.

27. Over the past four months, the Taliban and other anti-government elements have killed approximately 300 civilians. Roughly three quarters of these civilians were killed in suicide attacks. While the majority of suicide attacks appear to target legitimate military objectives, many of these attacks are nonetheless unlawful because it should be obvious that they will result in far more civilian than military deaths.

28. Most of the other civilians killed by the Taliban die as a result of targeted assassinations. While these killings are fewer in number, they are significant in terms of intimidating and repressing the population. Often, killing one teacher will close an entire area’s schools, killing one proponent of the Government will intimidate many others, and killing one worker will end humanitarian access to a district. These assassinations are completely unlawful, and their consequences are dramatic. The Taliban have also engaged in a high level of unlawful killing of non-civilians.

There’s far more discussion of the Taliban’s war crimes, including discussions of specific incidents, in this 2009 report.

Update: I understated how much work the UN is doing on human rights violations in Afghanistan, as Sarah Knuckey lays out at Just Security.

The UN’s mid-year and annual reports on civilian casualties in Afghanistan typically detail anti-government attacks. The photo on the front cover of the most recent UN report on Afghanistan, for example, shows the horrific scene directly after an anti-government element attack in April 2015, in which 32 were killed and 126 injured. The report’s executive summary begins with the testimony of a schoolteacher who witnessed the attack and describes “the blood, the human limbs, the corpses, and the other wounded people all over the street.” Pages 41-77 of the report detail Taliban violence, describing suicide attacks, the use of improvised explosive devices, indiscriminate and deliberate attacks on civilians, and the war crime of murder. It includes a section specifically on suicide and complex attacks, in which 1,022 civilian casualties occurred in just the first six months of 2015.

Many other UN reports also detail the findings of its investigations into Taliban/anti-government element attacks: July 2014 (the cover shows a child injured by a Taliban attack on the Serena hotel), February 2014 (the cover shows a child injured in an IED attack), July 2013 (the cover shows children running from a Taliban attack), February 2013 (the executive summary begins with a gruesome witness account of an IED attack, obtained through UNAMA interviews) , February 2012 (cover shows the aftermath of a suicide attack), July 2012 (cover shows the consequences of an IED attack that killed 13 and injured 57), and so on. A great many UN press statements also regularly condemn Taliban violence.

There are also examples of other parts of the UN system reporting on Taliban attacks. In 2009, for example, a separate part of the UN – the UN Special Rapporteur on extrajudicial executions – carried out investigations in Afghanistan, including into killings by the Taliban, and detailed reckless as well as deliberate Taliban attacks, including Taliban assassinations of civilians.

Update: This post has been significantly updated with the transcripts of the two exchanges and links to UN reporting on Taliban targeting of civilians.