Protect Civilians, Protect Our Warfighters: Support a DOD

Inspector General Investigation of the Kunduz Hospital Strike

From: The Honorable John Garamendi Date: 10/15/2015 Dear Colleague:

Like all Americans, I was horrified to learn of the tragedy which occurred in Kunduz, Afghanistan on October 3rd, in which at least twelve Doctors Without Borders (MSF) staff and ten patients were killed and many more wounded. To ensure transparency, accountability, and a balanced perspective, please join me in signing a letter to Secretary of Defense Aston Carter asking that he direct the Defense Department’s Office of Inspector General to open an investigation into the incident. I believe this solution strikes the right balance between ensuring that the investigation is objective and independent while also doing right by our servicemembers.

As you know, MSF does important work all over the world to treat those affected by conflict, epidemic disease, and natural disaster—work for which the international community is greatly indebted. In response to this terrible tragedy, many have called for an independent, international investigation into the US military’s use of force. MSF’s international president, for example, has called on the International Humanitarian Fact-finding Commission (IHFFC) to conduct an inquiry.

While I understand the call for an international investigation, it is important to note that neither the United States nor Afghanistan are state parties to the IHFFC, putting into question our ability to participate in the process. Further, the Department of Defense may not be able to fully disclose the sensitive details of operations in Afghanistan to a third party, leaving that investigation without critical insight. Without clear rules for interaction and without a full understanding of American military operations, I fear that an international investigation alone could draw poorly-supported and unfair conclusions about the actions of our servicemembers.

The international community and American servicemembers alike deserve a fair, robust, and complete understanding of what happened in Kunduz. While I am confident that military investigations by US Forces – Afghanistan, NATO’s Resolute Support Mission, and the Afghan government will lend critical insight into what happened in Kunduz, I believe that an American, civilian-led, independent investigation is the most appropriate path forward and will greatly inform the international community’s understanding of this terrible tragedy.

Please see the text of the letter below. If you have any questions or would like to sign on, please contact Gabriel Sehr at Gabriel.Sehr@mail.house.gov or x51880.

Sincerely,

JOHN GARAMENDI

Member of Congress

October XX, 2015

Secretary Carter,

We were deeply troubled to learn of the incident which occurred on October 3rd, in which an American AC-130 gunship fired on a Doctors Without Borders (MSF) hospital in Kunduz, Afghanistan, killing at least twelve staff, ten patients, and wounding more than three dozen others. MSF does critical humanitarian work all over the world, providing medical care to those affected by war, epidemic disease, and natural disasters.

As you have stated, the United States must get to the bottom of what happened. We must know what information US forces had at the time they fired on the MSF hospital. We must know the rules of engagement for US forces in Afghanistan and the procedures established for Afghan security forces to request close air support from US and NATO forces. Crucially, we must know if all parties involved followed these rules and procedures.

While we have faith that Brigadier General Richard Kim will conduct a thorough investigation, we strongly believe that a civilian investigation, outside the military chain of command, is the most appropriate mechanism to investigate this tragedy. A civilian investigation will guarantee the independence and objectivity required to withstand international scrutiny while still allowing access to sensitive military operational detail and procedures necessary to fully understand what occurred.

We therefore strongly encourage you to direct the Department of Defense’s Office of Inspector General to open an investigation into this terrible tragedy. A thorough, transparent, and independent investigation is the only way to ensure that the terrible mistakes which occurred in Kunduz are never repeated while also ensuring that all parties, servicemembers and humanitarian workers alike, receive fair treatment in the investigation.

Sincerely,