TIME justice

Dutch Supreme Court Blocks Extradition of Al-Qaeda Suspect to U.S.

NETHERLANDS-PAKISTAN-USA-JUSTICE
The lawyer of Dutch-Pakistani national Sabir Khan, Andre Seebregts (L), arrives in the courtroom of The Hague, on February 12, 2013. Robin Utrecht—AFP/Getty Images

The U.S. wanted to put Sabir Khan on trial in New York for supporting terrorist attacks against Americans in Afghanistan

In a setback for the Obama administration’s use of law enforcement to fight al-Qaeda, the Supreme Court of the Netherlands on Friday blocked the extradition to the U.S. of Sabir Ali Khan, a Dutch-Pakistani man wanted in New York for conspiracy to commit murder and support of al-Qaeda.

The U.S. believes Khan was involved in Taliban and al-Qaeda attacks against Americans in Afghanistan’s Kunar Province in 2010, according to U.S. court documents obtained by TIME. Khan was arrested by Pakistani forces in Sept. 2010, allegedly at the request of the U.S., and held at a secret prison where he says he was tortured.

Khan, whose mother was Dutch, has citizenship in the Netherlands and was eventually released to Dutch authorities and flown to Holland, where he was arrested. His Dutch lawyer argued that the government should determine whether Khan was arrested at the U.S. behest, and whether he would face a threat of further torture if he were extradited.

The Dutch Supreme Court Friday ruled that the extradition could not proceed because the Dutch Government had declined to look into the alleged U.S. role in Khan’s arrest. The Court, which did not address the threat of torture by the U.S., concluded “the Dutch State should have done some research in this matter,” says Dutch Supreme Court Spokeperson Mireille Beentjes. In blocking the extradition, the court stressed “the large interest of combatting torture worldwide,” Beentjes said, quoting from the court’s opinion.

Robert Nardoza, spokesman for the Eastern District of New York, where Khan was indicted on five counts in 2010, said, “We’re going to review the ruling by the Dutch Supreme Court and consider our options.”

Khan, who is in his late 20s, declined to comment when reached by telephone Friday. He remains free and living in the Netherlands. In January, he told TIME that while he suspects he is under constant surveillance, “Officially I have no restrictions on me.”

The case shows how the U.S. must increasingly rely on other states’ legal systems in countering terrorism as Washington attempts to wind down extraordinary powers granted to the president after 9/11. Those states are sometimes more or less aggressive than the U.S. would like, and counterterrorism officials are having to adjust as a result.

 

TIME Afghanistan

Forced Smile? Bergdahl Pictured With Taliban Commander

Bergdahl
An undated photo of U.S. soldier Bowe Bergdahl with Badruddin Haqqani, the son of former Afghan Mujahideen commander Maulvi Jalaluddin Haqqani. @khorasan313

In a new salvo in the propaganda war with the West, a previously-unseen photograph of what appears to be Sgt. Bowe Bergdahl smiling alongside with a senior Taliban commander was posted to a Twitter account associated with the Afghan Taliban.

A slew of tweets posted late Wednesday claimed the former prisoner of war – who appeared thin and pale in the image – was treated well during his five years in captivity…

Read the rest of the story at NBC News

TIME Afghan civilian casualties

U.N.: Civilians Feel Toll of Afghan War as U.S. Withdrawal Nears

A victim's body lies on the road as Afghan security forces inspect the site of a suicide attack in Kabul on June 21, 2014.
A victim's body lies on the road as Afghan security forces inspect the site of a suicide attack in Kabul on June 21, 2014. Shah Marai—AFP/Getty Images

1,564 deaths recorded in the first half of this year, up 17 percent compared with 2013

A United Nations report released on Wednesday finds that civilian casualties in Afghanistan rose sharply in the first half of this year as they increasingly feel the brunt of war.

The report by the U.N. Assistance Mission in Afghanistan (UNAMA), compiled as U.S.-led forces withdraw from a 12-year battle with the Taliban and amid a steep decline in security, finds that ground combat—now more than improvised explosive devices—is the leading cause of death and injury to civilians.

More than 4,800 civilian casualties were recorded in the first six months of this year. That figure includes 1,564 deaths, up 17 percent compared to the same period the year before. Child casualties associated with ground combat more than doubled—rising 34 percent to 1,071—while two-thirds more women were killed and wounded by ground engagements.

“The fight is increasingly taking place in communities, public places and near the homes of ordinary Afghans, with death and injury to women and children in a continued disturbing upward spiral,” said Georgette Gagnon, UNAMA’s Director of Human Rights.

Afghanistan’s unrest is increasing amidst the ongoing political crisis, as a disputed presidential election has created a tense stand-off between the two leading candidates, Ashraf Ghani and Abdullah Abdullah. Early results on Monday showed Ghani net 56.44% of the run-off vote on June 14, but Abdullah was quick to reject the outcome and claim it was marred by fraud.

Abdullah’s supporters protested in the capital, Kabul, on Tuesday and called on him to form a parallel government. Washington responded by saying it would pull both financial aid and security support if power was seized illegally.

 

TIME Education

Malala Day Video Tells the #StrongerThan Story Through Children’s Voices

“Once there was a girl who wanted to go to school….”

Correction appended, July 9

In preparation for worldwide Malala Day on July 14, 2014, the Malala Fund released this video of children telling the inspiring story of the Pakistani girl who dared to learn.

“This is a story of strength,” begins the clip. One child after another then picks up the narrative, telling the story of Malala Yousafzai, the Pakistani girl who narrowly survived a Taliban assassination attempt while still a young teenager, after gaining attention as an advocate for girls’ education. Since then, Malala has become an international envoy for education and women’s rights.

“Malala Day is not my day,” she said in a statement. “It is the day of every girl and every boy. It is a day when we come together to raise our voices, so that those without a voice can be heard.”

The Malala Fund calls on people to use the #StrongerThan hashtag on social medial to tell their own story of overcoming oppression.

Correction: The original version of this story misstated Malala Yousafzai’s nationality.

TIME Afghanistan

Taliban Insurgents Set Blaze in Massive Field of Oil Tankers

Smoke and flames rise from fuel trucks after an overnight attack by the Taliban on the outskirts of Kabul
Smoke and flames rise from fuel trucks after an overnight attack by the Taliban on the outskirts of Kabul July 5, 2014. Mohammad Ismail—Reuters

About 200 tankers meant to support U.S. troops were lit on fire after a targeted Taliban strike

Taliban fighters ignited a massive fire in Afghanistan on Saturday, setting fire to 200 oil tanker trucks supplying fuel for NATO forces.

Some Afghan media reported that insurgents fired rockets at the tankers, but it is still unclear exactly how the fires started. The Taliban claimed responsibility for the attack, Reuters reports.

The fires lit up the night with a deafening roar, but there were no immediate reports of casualties.

“The number of tankers on fire is not yet clear, but based on preliminary reports from police around 200 tankers have been burnt,” Afghanistan’s Interior Ministry said in a statement.

The Taliban has vowed to disrupt the country’s ongoing presidential election. The results of the final round of elections will be reported Monday, while both remaining candidates have accused one another of mass voting fraud.

[Reuters]

TIME Military

Sergeant Bowe Bergdahl Is Venturing Off Base as Part of Reintegration

Bowe Bergdahl
This undated photo provided by the U.S. Army shows Sergeant Bowe Bergdahl AP

Held captive by the Taliban for five years, he's now being reintegrated with society

Sergeant Bowe Bergdahl, the prisoner of war in Afghanistan who recently returned to the U.S. after five years of captivity, is regularly going off post to dine, shop and do other chores, according to Lieut. Colonel Carol McClelland.

“He’s been doing it for at least a week,” the Army spokeswoman tells TIME, adding that it was a normal component of his reintegration into society. On visits to San Antonio, he has been accompanied by members of his reintegration team, including a psychologist, according to the Associated Press.

Bergdahl, 28, was shifted last week to outpatient care at Fort Sam Houston in San Antonio. He was freed by the Taliban on May 31 in a prisoner exchange for five senior Taliban officials held at Guantánamo Bay, and arrived in the U.S. on June 13. He was initially being treated in the U.S. at Brooke Army Medical Center.

As part of the reintegration process, the Army is increasing his exposure to people and social settings incrementally. It’s still unknown if his parents, who has asked for privacy since Bergdahl’s return, has visited their son.

The Army is still investigating circumstances surrounding Bergdahl’s departure from his outpost in June 2009 before his capture.

With reporting by Mark Thompson

TIME Pakistan

Unbelievably, There Are Now Refugees Fleeing to Afghanistan

The Pakistani military’s offensive against insurgents in North Waziristan has sparked a humanitarian crisis, with thousands of Pakistanis concluding that Afghanistan is just a far safer place to be right now.

The Pakistani military has begun operations against Islamic insurgents in the North Waziristan region, delivering the offensive that Washington has been requesting for a decade, and sparking a massive exodus of refugees — some of whom are fleeing to neighboring Afghanistan to escape the fighting.

Militants, who have long inhabited the mountainous tribal area, have found themselves the target of heavy artillery bombardment and airstrikes for the past fortnight, in what the military’s PR chief Major-General Asim Bajwa termed “the beginning of the end of terrorism in Pakistan.”

Reports began to surface on Thursday in the Pakistani press that ground troops had started moving into North Waziristan to clear out the insurgent forces.

Washington says militants have been using North Waziristan for years as a base from which to attack NATO forces in Afghanistan and to wage a terrorist insurgency against the Pakistani state.

Senior members of the Pakistani Taliban (the Tehreek-i-Taliban Pakistan), the Haqqani Network and Al Qaeda’s central command — along with a smattering of militants from as far away as western China’s Xinjiang province and Chechnya — are believed to be holed up in the area. All are on Islamabad’s kill list.

“For the military, there’ll be no discrimination among Tehreek-i-Taliban Pakistan, Haqqani network or any other militant group,” Major-General Bajwa told reporters during a press conference in Rawalpindi on Thursday.

The mountainous border dividing Pakistan and Afghanistan has been home to martial tribes for centuries. However, the presence of heavily armed insurgents and foreign jihadis is the notorious legacy of American and Saudi intelligence agencies, who used the fighters as proxy forces during the clandestine war with Soviet troops occupying Afghanistan in the 1980s.

“This is famously the powder keg, which has led to everything going wrong in the region and the beginning of heavily armed militant Islam,” William Dalrymple, the historian and author of nine books on South Asia, tells TIME. “Obviously in retrospect [it’s] one of the great mistakes of American foreign policy.”

The Pakistani secret service (ISI) is alleged to have helped insurgent elements fleeing the U.S. invasion of Afghanistan in 2001, using those militant groups to maintain pressure on the newly formed government in Kabul, which they believed harbored pro-Indian sensibilities.

“The Pakistan Army, or elements within ISI, always continued to support the Taliban as a way of getting rid of the Karzai government and a way of installing a pro-Pakistani Taliban regime in Kabul,” says Dalrymple.

That policy appears to have backfired. In 2007, the Pakistani Taliban launched a fresh insurgency against Islamabad that to date has been responsible for the deaths of tens of thousands of Pakistanis and at least 15,000 security personnel.

Prime Minister Nawaz Sharif campaigned last year on the promise of peace talks with the Taliban, but any hope of negotiations has been extinguished by a recent string of humiliating attacks, including a brazen assault on Karachi airport, deep in the country’s commercial hub.

The perennially stretched Pakistani state is now attempting to deal with the massive humanitarian fallout from the new offensive. In the less than two weeks of fighting, more than 450,000 people have been internally displaced. Officials estimate that the number will surpass 500,000 soon.

In a bizarre reversal of the norm, tens of thousands of Pakistanis have reportedly flooded into war-torn eastern Afghanistan to escape the fighting on the Pakistan side of the border.

“The [Afghan] government estimates there are over 60,000 thousand for now,” says Babar Baloch from U.N.’s High Commissioner for Refugees.

The exodus has also ignited fears that the polio epidemic rampant in North Waziristan for two years could spread to other parts of the region.

Meanwhile, analysts have already begun to criticize the new military campaign for not being part of a broader vision of Pakistan’s future.

“There isn’t yet a clear national strategy,” says Shuja Nawaz, director of the South Asia Center at the Atlantic Council. That means “operations are going to be tactical at best.” He adds: “The civilians were not brought in at the planning stage. And they’re not prepared in any way to take over from the military once the clearing has taken place.”

TIME Military

The Fall of the Green Berets’ Lawrence of Afghanistan

Major Jim Gant, center, with local Afghans and his soldiers in Afghanistan. One Tribe at a Time

Army removed officer for drugs, booze and his reporter “paramour”

Given the lackluster results of the U.S.-initiated wars in Afghanistan and Iraq, Americans might want a military officer willing to break the rules to accomplish something on the ground in such faraway places. That someone might have been Army Green Beret Major Jim Gant, who was credited with winning his slice of the Afghan war in northeastern Kunar province until his career derailed after a love affair with a newspaper reporter who quit her job to live with him in Afghanistan.

The tale of Gant and former Washington Post reporter Ann Scott Tyson, is detailed in her recent book American Spartan: The Promise, the Mission and the Betrayal of Special Forces Major Jim Gant. She came to know Gant— who some described as “Lawrence of Afghanistan” for adopting local customs and exchanging his Army uniform for traditional Afghan garb, along with a full beard—while covering the war for the Post.

Gant, who won a Silver Star for valor in Iraq in 2006, had achieved notice for detailing his thinking on how the U.S. could prevail in Afghanistan in a 2009 paper, One Tribe at a Time. A copy had been found in Osama bin Laden’s quarters following his killing by U.S. forces in 2011, Tyson writes. There were notes in the margins about the difficulties al Qaeda was having in Kunar province, believed written by bin Laden. A second document, from bin Laden to his intelligence chief, named Gant, and said he “needed to be removed from the battlefield,” according to Tyson.

Gant and Tyson in Afghanistan. ABC/Ann Scott Tyson

Tyson first interviewed Gant when the Army awarded him that Silver Star, and wrote about him in a 2010 profile for her newspaper. The headline declared him “the Green Beret who could win the war in Afghanistan.”

Although each was in a failing marriage, the couple decided to live together amid Afghanistan’s mountains for nine months starting in mid-2011. Gant was running the war his way and “indulged in a self-created fantasy world” that mixed booze and drugs, according to the Army. He kept his relationship with Tyson hidden from his superiors. “We both knew that there was a lot of risk in doing what we did. And I would do it again,” Gant tells ABC News. “It was extremely unconventional, yes, to say the least.”

Gant’s extremely unconventional approach to war—and his unusual living arrangement with Tyson—led the Army to relieve him of command in 2012 after a freshly-minted lieutenant from West Point complained.

“There is a belief [in the Army] that you went COL Kurtz and went totally native,” an Army comrade wrote to Gant after he returned to Fort Bragg, N.C., according to Tyson’s book. Colonel Walter E. Kurtz was the rogue Green Beret officer played by Marlon Brando in 1979’s Apocalypse Now.

The Army—which had praised Gant’s approach to counter-insurgency by grooming local tribesman into police forces to oppose the Taliban—turned on him after internal investigations revealed some of his unusual counter-insurgency methods. Gant dealt with his PTSD and traumatic brain injury with alcohol, supposedly banned in Afghanistan for U.S. troops, and prescription drugs. And he endangered his troops, according to the Army:

During your time in command, you purposefully and repeatedly endangered the lives of your Soldiers…You painted inappropriate and unauthorized symbols on Government vehicles, painted the symbol on your vehicle a different color, then challenged the enemy to try and kill you without consideration to your Service Members’ lives or well being. You sent `night letters’ to the enemy, further drawing dangerous attention to yourself and subordinates. These are the same Soldiers that you have the duty to properly train, mentor, lead and most importantly, defend.

Yet Gant never lost a man, Tyson wrote. The service didn’t think much of his arrangement with her, either: “By providing his paramour unimpeded access to classified documents in a combat zone, MAJ Gant compromised the US mission in Afghanistan.”

Lieut. General John Mulholland, then-commanding general of the Army Special Operations Command (now the deputy commander of U.S. Special Operations Command), acknowledged Gant’s “record of honorable and valorous service” in a career-killing reprimand in July 2012. Gant’s conduct was “inexcusable and brought disrepute and shame to the Special Forces” and “disgraced you as an officer and seriously compromised your character as a gentleman.” He retired as a captain. The couple married last year.

But it wasn’t only Gant’s relationship with the Army that raised questions. Among reporters, so did Tyson’s relationship with Gant.

David Wood, a Pulitzer-winning veteran military correspondent, wrote a profile of the couple for the Huffington Post when Tyson’s book was published in March:

A once-promising strategy for stability in Afghanistan ended badly two years ago, along with the career of its author and chief proponent, Army Special Forces Maj. Jim Gant. His gripping story is detailed in a new book, American Spartan, by Ann Scott Tyson, the former Washington Post war correspondent who interviewed him for an admiring story in late 2009. They fell in love. Tyson eventually joined Gant in an Afghan village, where he built a reputation mobilizing local tribes against the Taliban. A tough, wiry Special Forces soldier, Gant was decorated and recommended for promotion over 22 continuous months of combat in Afghanistan in 2010 and 2011. But in the end, the iconoclasm and disdain for military protocol that enabled Gant’s success were instrumental in his eventual downfall.

Another veteran military reporter, David Axe, took issue with Woods’ story on Medium’s website:

In his Huffington Post profile, Wood helpfully promotes the book and attempts to rehabilitate a rogue officer who clearly possesses essentially zero regard for Islamic customs, military regulations and common sense…Most Green Berets don’t take their girlfriends, booze and drugs to war with them. They certainly don’t need lovers and gullible reporters to write elaborate defenses of their combat records. Gant is no hero. His behavior in Afghanistan was unacceptable. And no hagiography—by his wife or by Wood—can redeem the man’s shameful legacy.

But Gant’s real legacy isn’t so much about Afghanistan. It’s about the willingness of the U.S. military to tolerate officers who will challenge training and tradition in hopes of finding a better way to prevail. How far Gant crossed that line—and if it warranted the punishment he got—will be debated long after the final U.S. troops have left the country he tried to help.

TIME Foreign Policy

Dick Cheney Says Iraq War Was ‘the Right Thing’

Dick And Lynne Cheney Participate In Book Discussion In Washington
Former U.S. Vice President Dick Cheney in Washington Win McNamee—Getty Images

No regrets from the former VP

Former Vice President Dick Cheney on Tuesday stood by the Bush Administration’s decision to wage war in Iraq, saying he has never second-guessed the decision even with Iraq once again descending into chaos.

“I was a strong advocate of going into Iraq,” Cheney told PBS in an interview, a week after launching a new political group designed to boost his foreign policy and national-security policies. “I think that was the right decision then, and I still believe that today.”

“I think we did what we had to do,” Cheney added, saying he is still not convinced Iraq didn’t have weapons of mass destruction before the 2003 invasion. “And you don’t get to go back and say, well, we would have — what if we’d ignored all the intelligence?”

Cheney blasted President Barack Obama’s handling of the situation in Iraq, saying he should have more forcefully pushed to keep U.S. troops in the country after 2011 to help keep the country stable. “For me, the bottom line was, when we left office, Iraq was in good shape,” Cheney said. “And now we’re in a situation where obviously we’ve got another big problem.”

But the former Vice President largely agreed with Obama’s handling of the current crisis that has seen the extremist group Islamic State of Iraq and Greater Syria make significant gains in the country. Cheney called for the deployment of additional U.S. military advisers and a swift transition for the Iraqi government, and he warned that American air strikes could have unintended complications. Cheney said the U.S. response to the Iraq crisis must be part of a broader strategy for the volatile region that he says Obama has not yet developed. He also called on Obama to halt the planned withdrawal of American troops from Afghanistan by the end of 2016.

“I would stop talking about withdrawing from Afghanistan,” Cheney said. “We ought to stay in Afghanistan. We shouldn’t be scaling back.”

Cheney also called for Obama to swiftly work to boost Egyptian President Abdul Fattah al-Sisi, the former military leader who deposed the elected Muslim Brotherhood–led government before his election this year. “I’d help al-Sisi every chance I got,” Cheney said.

Cheney said he was unaware of the conviction of three al-Jazeera journalists in Egypt this week, which has been condemned by the U.S. and by European governments. “I haven’t seen that. I’m not familiar with it,” Cheney said of the news that dominated the front pages of national newspapers on Tuesday. “I missed that one.”

TIME foreign affairs

Afghanistan’s Success Will Be Measured By Women’s Progress

Afghans Head To The Polls In Preseidential Run-Off
An Afghan woman casts her ballot during the second round for presidential election at a polling station in Kabul, Afghanistan, on June 14, 2014. Majid Saeedi—Getty Images

Inclusion of women in society indicates stability, and a stable Afghanistan will lead to greater international security.

While we were meeting with women journalists in Afghanistan this past May, another group of Afghan women journalists were in Washington, D.C., meeting with congressional staff members. The overlap was coincidental, but both groups of Afghan women recounted similar stories of their growing role in Afghan media and, more importantly, the fight for Afghanistan’s democracy. Reports have illustrated an effort on the part of Afghan journalists to ensure their media is not a platform for promoting Taliban violence.

In both locations, thousands of miles apart, the same theme became clear: Afghan women are fighting for their lives, and they’re using some unconventional tactics. They’re going to school, running for elected office, voting and reporting the news.

We saw many of these women in action during this year’s sixth annual Mother’s Day visit to Afghanistan. We saw young girls being educated. We toured a women’s resource center in Mazar-e Sharif that provides programs for women, such as mental health services. We met with Afghan women Parliamentarians, who passionately asserted their ability to lead. Each of them symbolized the gains made by Afghan women and girls over the past decade

In addition, the first round of Afghan elections in April saw high voter turnout, with a larger than expected portion of that coming from women voters. Reports indicate that the June 14 runoff election had another high voter turnout, even in the face of increased threats of violence.

All of these gains – education, opportunity, voting – may seem commonplace in many countries. In Afghanistan, they are revolutionary. In the very recent past, none of it would have been possible. But these gains are not ironclad and support is needed internally and externally.

Afghanistan is poised for a historic democratic transition of power. While a peaceful transition is the ultimate goal, it cannot be considered fully accomplished without the rights of women at the forefront.

Both presidential candidates, Abdullah Abdullah and Ashraf Ghani, have pledged support for maintaining women’s progress. When the ultimate victor is announced in late July, we urge whomever it is to make good on that promise. One tangible way to do so is to sign a bilateral security agreement – also something both candidates have voiced support for – that includes significant economic and governmental support for women’s gains.

In the coming months, as Afghanistan seeks to legitimize their election, women’s progress will be a barometer for success.

Responsibility ultimately lies with Afghanistan. The U.S. military withdrawal must be done in a responsible way, transitioning from a combat role to one of training and advisory. There is no doubt, however, that the international community shares a major stake in preventing backsliding in Afghanistan. Preserving Afghan women’s rights is a global issue, with global implications.

Time after time, studies have shown that advancing opportunities for women and girls has a direct positive effect on a nation’s overall economic growth, sustainable development and peace. Inclusion of women in society indicates stability, and a stable Afghanistan will lead to greater international security. Continued non-military support must include the use of resources to maintain and grow the progress made by Afghan women.

We also must remember that gender inequality, violence against women and the need to reverse patriarchal societal mindsets are not unique to Afghanistan. Recent months have seen the kidnapping of more than three hundred girls by an extremist group in Nigeria, mass sexual assault during a rally in Cairo and reports of brutal rape and murder of women in impoverished regions of India. Continued support of Afghan women would be a powerful symbol, an international reaffirmation to human rights the world over. America’s diplomatic efforts in Afghanistan must remain focused on protecting the rights of women and girls.

Afghan women know the fight is far from over. But every time a young girl reads a book in public, a woman walks out of a voting booth or a female journalist pens a story critical of the government, the country continues to move forward – and the rest of the world moves with them.

Rep. Niki Tsongas (D-MA) serves on the House Armed Services Committee and co-chairs the Afghan Women’s Task Force. Rep. Martha Roby (R-AL) has led the Mother’s Day Women’s Congressional Delegation to Afghanistan the last three years. She represents Alabama’s 2nd District, which includes Maxwell-Gunter Air Force Base and Fort Rucker. She is a Member of the House Appropriations Committee. Rep. Renee Ellmers (R-NC) serves on the House Energy and Commerce Committee and is Chairwoman of the Republican Women’s Policy Committee. She represents the Second District of North Carolina which includes all of Fort Bragg. Rep. Susan Davis (D-CA) is a senior member of the House Armed Services Committee and serves as Ranking Member of the Military Personnel Subcommittee. She represents California’s 53rd Congressional District. Rep. Cheri Bustos (D-IL) represents the 17th Congressional District of Illinois and serves on the House Committee on Agriculture and the Transportation and Infrastructure Committee.

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