لراوبر ویب پاڼه لراوبر يو افغان – تازه خبرونه
In the Name of Allah Most Gracious, Most Merciful
Dear Afghan Brothers and Sisters:
It is time for a new government in Afghanistan-an interim government. In the Holy Quran, Surah 13, Verse 11, states in part,” Verily never will Allah change the condition of a people until they change what is in themselves.”
We Afghans need to make Tawakkal. We need to put our full trust in Allah and not the UN, foreigners or a corrupt puppet government to take care of our homeland and our namoos.
During these past three decades, the Afghan people were forced to practice the communist governmental form of the east and now the capitalist form of the west. Both countries killed our people in the name of bringing “democracy” to Afghanistan. These imperialistic foreign countries invaded, occupied and destroyed our country in the name of a better governmental and political system and treated Afghans as a scapegoat for terrorist actions done by others. These foreign invaders have bombed us with cluster bombs, uranium tipped weapons and all kinds of other experimental weapons contaminating the environment. They have killed Afghan civilians, leveled entire villages, unlawfully seized and detained Afghans, raped women and children, targeted Pashtun villagers allowing ethnic cleansing and genocide. They have committed numerous war crimes against Afghan ,which the majority of these crimes have not been revealed in the mainstream media. The war crimes committed in recent days against Afghan civilians, ones which the US and NATO could not hide from the world, are only a very small number of those committed against the Afghan people by the invaders/occupiers and their puppet Afghan governments. For the past three decades, there has not been a war crimes tribunal to prosecute those individuals and governments that committed war crimes against Afghans including millions of unlawful killings. It is time that the Afghan majority establish its own war crimes tribunals to prosecute these war criminals from 1979 to the present. The UN and the world has failed Afghan victims.
The current Taliban talks with the U.S. should be suspended because those talks are delay tactics by the west and futile. They will not lead to any agreement that is truly beneficial for the majority of the Afghan people. They will not change the status quo in Afghanistan. Any signing of a strategic plan or agreement by the puppet Afghan government or the Taliban. with the west is not legitimate and acceptable for the majority of Afghans.
The US war in Afghanistan is illegal. The United States’ invasion and occupation of Afghanistan violates the UN Charter and international law. First, the United Nations’ Charter is a treaty which was ratified by the United States. As a ratified treaty it became part of US law. Therefore the US must comply with the UN Charter. Article 2 (4) of the Charter, bans the use of armed force against another country except under two circumstances. It reads, “ All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.” This article has also become part of the international customary law.
Under the UN Charter, there are two exceptions to the ban on the use of armed force. First, a country can use armed force against another country in self-defense as provided for in Article 51. Second, a country can use armed force when the UN Security Council approves such force to maintain or restore international peace and security. Neither of those exceptions were met before the United States invaded Afghanistan and began waging war.
The United States’ war in Afghanistan is beyond the scope of self-defense allowed by Article 51. Self-defense can only legally take place when an armed attack takes place against a state. The Afghan government in 2001, the Taliban, did not attack the United States on 9/11. Nineteen individuals, 15 from Saudi Arabia, attacked the United States. Individual Afghans did not attack the United States. That is a fact. No evidence has ever been produced by the United States to the contrary. Propaganda, speculation and expert opinions in the media do not constitute credible and relevant evidence. Furthermore, there was no imminent threat that Afghanistan would attack the US or another UN member country. Self- defense can only be used to repel an attack. Immediately after the tragic events of 9/11, the attacks stopped. There was no imminent threat to attack the US by the Afghan government before or after 9/11.
In addition, the UN Charter and well established international customary law, provide that self-defense would warrant only measures, which are proportionate to the armed attack and necessary to respond to it. It must not entail retaliatory or punitive actions. The US war tactics in Afghanistan are retaliatory, punitive and illegal. In and of itself, the use of cluster bombs, drones, uranium tipped weapons is a disproportionate use of force and unnecessary force. The US’s illegal use of self-defense is collectively punishing an entire nation. It is in violation of the UN Charter and international law. The right to Self-Defense set forth under Article 51 cannot be legally used against Afghanistan, because the Afghan government allegedly refused to extradite Bin Laden. Extradition matters are resolved through peaceful measures in courts and not through the use of armed force with massive cluster bombs, drones, uranium tipped weapons etc, which have killed thousands of innocent Afghans during the past ten years. This illegal war and continual killing of innocent Afghans violates the UN Charter and international law. It is not legal self-defense under the UN Charter, international law or any law.
Second, when the United States invaded Afghanistan the UN Security Council did not authorize the United States or any country to use military force against Afghanistan under Chapter VII (7) of the UN Charter. The UN Security Council can invoke Chapter VII use of force to maintain or restore international peace and security only when actual military force was being used. “Terrorism” can be a threat to international peace. However, there has been no evidence showing that the Afghan government or any Afghans committed or were involved in the tragic terrorist attacks on 9/11 nor that the Afghan government was a threat to international peace and security. The United States’ war in Afghanistan is illegal and amoral. Thus, the ordinary Afghan people have the legal right to defend themselves and resist this illegal war and illegal use of force against them. They are not the terrorists or criminals. As Afghans have done in the past, they are defending themselves, their home and their namoos.
Foreign troops must withdraw immediately. This ugly war and occupation must end. Afghans need a government that governs for the majority and not for the US and the war profiteers. The current Afghan government is corrupt and a puppet of the west. This government is the lowest creation of Allah ,because by its very nature as a puppet, it has allowed this unlawful war to continue and these war crimes to occur against the Afghan people. The majority of Afghan people do not accept or want this corrupt, puppet government. Only the Afghan war profiteers want it.
Now, it is time that the Afghan people through lawful means must form their own government, a new interim government, which will govern for two years. The Afghan majority with the help of the Afghan freedom fighters need to form an interim government until there can truly be fair elections without foreign interference. Fair elections cannot occur when a country is invaded and occupied, and governed by a corrupt, puppet government. The proposed interim government will be chosen at a Shura. The Shura will consist of leaders of the Afghan Freedom Fighters and representatives from all of the provinces and tribes, who are educated and leaders. Participants at the Shura will chose the interim president and other top officials. The participants will also chose five educated Afghans for each ministry or department to work together to run the government. All members of this interim government must be educated Afghans without Afghan blood on their hands, and not war profiteers. Then, after the interim period of two years, fair elections will be held where all ethnic groups, tribes and provinces participate. I am asking my ANPC brothers to help form this interim government.
We Afghans need to make Tawakkal. We need to put our full trust in Allah and not foreigners or a corrupt puppet government to take care of our homeland and our namoos.
Sincerely,
Abdul Kadir Mohmand
Former Representative of Afghan Freedom Fighters for North America during the 1980s
