America's Future in Afghanistan Hinges On One Key Question: Can Soldiers Operate With Impunity?

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http://www.alternet.org/world/americas-future-afghanistan-and-immunity-soldiers


Soldiers with the 101st Airborne Division conduct a patrol in a small village in eastern Afghanistan.
Photo Credit: Spc. Mary L. Gonzalez/US Army/Wikimedia Commons

KABUL - As 3,000 delegates prepare to attend a meeting in Kabul to decide crucial aspects of future relations with the United States, some say it has no real authority to decide on these matters.

Loya jirgas, or "grand assemblies" drawn from people across the country, are periodically convened in Afghanistan to debate important national issues and arrive at a consensus view. The idea is that with broad-based participation, the congress will produce decisions that will be accepted by everyone. President Hamed Karzai called this loya jirga for November 21 to rule on the Bilateral Security Agreement, which is intended to govern US-Afghan defense cooperation after most international troops leave Afghanistan next year.

He agreed most terms of the document at a meeting with US Secretary of State John Kerry last month, but some important issues remain unresolved, notably whether any remaining American soldiers should have immunity from prosecution in Afghanistan.

"Legal immunity does not lie within the powers of the Afghan government, but is a matter for the people of Afghanistan, and theloya jirga will decide on it," Karzai told reporters after his talks with Kerry.