Protestors take part in a demonstration against the US military intervention in Afghanistan and the recent US air strike on a Doctors without Borders hospital in the Afghan city Kunduz, in front of the White House on October 7, 2015 in Washington, DC. (AFP PHOTO)
by Lu Jiafei
WASHINGTON, Oct. 16 (Xinhua) -- With the United States not releasing any findings of its investigation almost two weeks after the deadly U.S. airstrike on a Afghan hospital, the international medical aid agency Doctors Without Borders had launched a global petition to urge the White House to consent to an independent investigation.
"Respect for the laws of war is what protects our staff and patients in conflict zones throughout the world," said Jason Cone, executive director of the U.S. branch of the organization, also known by its French language acronym MSF, in a statement.
"There must be an independent and impartial investigation to establish the facts of this horrific attack on our hospital," said Cone.
Echoing the demand of Dr. Joanne Liu, the international president of the MSF, Cone urged U.S. President Barack Obama to consent to the International Humanitarian Fact-Finding Commission (IHFFC) investigation "without delay."
More than 50,000 had so far signed the petition since the launch of the petition on Thursday.
The petition came one day after the IHFFC said it had offered its services to the United States and Afghanistan.
Jason Cone, US Executive Director of Doctors Without Borders/Mecins Sans Fronties (MSF) holds a press briefing on MSF's call for an independent, international investigation of the attack on MSF's hospital in Kunduz, Afghanistan. The attack destroyed the aid group hospital, killing 12 members of its medical staff and 10 patients, along with three children. (AFP PHOTO)
Established under the Geneva Conventions in 1991, the IHFFC cannot carry out an investigation without consent of countries involved.
Currently, three investigations were underway by the United States, NATO and the Afghan government, and White House officials had said earlier that the investigative effort underway would be "transparent, thorough and objective."
"But none of these (investigations) is independent and impartial," Marjorie Cohn, professor of law at Thomas Jefferson School of Law, told Xinhua.
"If the U.S. government really believes it did nothing wrong, it should not resist an independent, impartial investigation sponsored by the United Nations," said Professor Cohn.
A U.S. AC-130 gunship on Oct. 3 devastated a MSF hospital in Kunduz, Afghanistan, killing 12 medical staff and 10 patients and wounding more than three dozen patients.
According to the MSF, precise GPS coordinates of the hospital were provided to U.S. and Afghan authorities days prior to the bombing.
As both the United States and NATO continued to put off the release of the preliminary reports, a Pentagon spokesman said on Thursday he was also puzzled why there was still no release.
"I've asked some of these same questions myself," said Pentagon spokesman Peter Cook at a Pentagon briefing. "My understanding is it will take a few more days...when we could have some initial, preliminary findings."
In this photograph released by Medecins Sans Frontieres (MSF) on October 3, 2015, fires burn in part of the MSF hospital in Kunduz after it was hit by an air strike. (AFP PHOTO)
Even if the U.S. report came out next week, it would be focused specifically on the issue of civilian casualties, said Cook.
"The 15-6 investigation, as General Campbell (commander of U.S. forces in Afghanistan) has spelled out, will take more time," said Cook.
During an Army Regulation 15-6 investigation, an officer appointed by a commander would conduct an investigation into misconduct, or loss of property or a workplace accident, etc.
Shortly after the incident, the MSF issued a blistering statement, calling the U.S. airstrike "a war crime."
"There is probable cause to believe that U.S. forces committed a war crime by striking the hospital," said Professor Cohn. "Under the Geneva Conventions, there is a duty to distinguish between civilians and combatants, and civilians and their facilities cannot be targeted."
According to Professor Cohn, even if the hospital were being used for military purpose, a claim dismissed by the MSF, any military strikes against it must be "proportionate to the military advantage sought" and the U.S. forces had a duty to warn the people inside the hospital before any strikes were materialized.
"The U.S. forces never warned those in the hospital before striking it," said Professor Cohn, calling the airstrike "a precise hit" on the hospital.
