AFGHANISTAN SIKHS/ HINDU REFUGEE CRISIS UPDATE: UNITED SIKHS’ ICHRA Staff Assists International Criminal Court In Its Investigation of Afghanistan War Crimes

July 25, 2020

New York, NY

Following the terrorist attacks on March 25, 2020 in the Gurdwara Har Rai Sahib, Kabul, Afghanistan, for which the Islamic State took responsibility, UNITED SIKHS’ International Civil and Human Rights Advocacy (ICHRA), which has had a long-standing presence in the area, reached out to government leaders around the world to stand against religious persecution and to protect Sikhs, Hindus and other ethnic-religious minorities. It rallied support from the international community, the U.S. Administration, Afghanistan authorities and Sikh Afghans on the ground.  As part of those efforts, ICHRA staff wrote to the Office of the Prosecutor at the International Criminal Court (ICC) in Hague and assisted that Office’s investigation in the hopes that war crimes will end in that region.   

The ICC has jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression.  Initially, in November 2017, after a preliminary examination the situation in Afghanistan, the ICC Prosecutor in the Hague concluded that the statutory criteria established by the Rome Statute for the opening of an investigation were met.  On November 20, 2017, the Prosecutor’s sought authorization from the Pre-Trail Chamber to investigate crimes alleged to have been committed on the territory of Afghanistan since May 1, 2003.  They also sought to investigate other alleged crimes that have a nexus to the armed conflict in Afghanistan and are sufficiently linked to the situation in Afghanistan or were committed on the territories of other States who are parties to the Rome Statute. The Pre-Trial Chamber in Hague initially denied the request but subsequently, on March 5, 2020, the Appeals’ Chamber granted the Prosecutor’s Office authorization to investigate and an investigation commenced immediately thereafter.

The ICC Appeals’ Chamber reconsidered the Prosecutor’s grounds, as well as the observations and submissions of the Islamic Republic of Afghanistan and representatives of victims and found that the Pre-Trial Chamber erred in considering only the “interests of justice factor” when examining the Prosecutor’s request for authorization to open an investigation.  In its decision, the Appeals Chamber found that the Pre-Trial Chamber should have addressed whether there was a reasonable factual basis for the Prosecutor to proceed with an investigation.  It held that the Pre-Trial Chamber was required to determine whether crimes have been committed and whether the potential cases arising from such investigation fell within the International Court’s jurisdiction.  The Pre-Trial Chamber had already made all of the necessary factual findings and Appeals’ Chamber reversed the Pre-Trial Court’s decision and authorized the opening of an investigation¹.

“As Sikhs, we are honored to have the opportunity to assist the ICC and the Office of the Prosecutor and have a responsibility to the people of Afghanistan, the global community and humanity to stand up for the victims of terrorism and against gratuitous violence and bullying,” stated Jasmit Singh, UNITED SIKHS Director of Advocacy, who led the engagement with the ICC. “We will continue to monitor and fight oppression and stand up against war criminals wherever they operate,” emphasized Mr. Singh. 

In a letter dated July 23, 2020 the Office of the Prosecutor thanked UNITED SIKHS and Mr. Singh for their part in bringing information to the prosecutors that will assist in the investigation and help bring international war criminals to justice.  

In the meantime, UNITED SIKHS continues to have dialogues with U.S. State Department officials to ensure the safe relocation of and the implementation of security to protect the Afghan refugees. U.S. Ambassador on Religious Freedoms, Sam Brownback, has been key to establishing a direct dialogue with India and Pakistan on this issue. UNITED SIKHS is thankful to Ambassador Sam Brownback and the Afghanistan government for working to ensure a positive outcome can be ascertained for the impacted Afghan Sikh and Hindu community.

UNITED SIKHS has been constantly and consistently providing direct aid since the attack. Covid-19 has hindered the work substantially but with its global reach the organization has been able to utilize its resources to reach those impacted and in need on the ground. “Due to our tremendous donors, diligent supporters and tireless volunteers UNITED SIKHS has been able to provide immediate humanitarian assistance and passport completion on the ground, global advocacy to further the cause internationally and the ongoing relocation of families and individuals to safer shores,” states Gurvinder Singh, UNITED SIKHS’ International Humanitarian Aid Director. “We will not rest until our Afghan Sikh brothers and sisters are safe, secure and settled.” 

Recently India has commenced with granting visas to the Sikh and Hindu refugees and we aspire that they are evacuated quickly. Pakistan, Canada, UK, Australia and the U.S. are also being explored as permanent safe havens as direct advocacy is taking place with those nations.

UNITED SIKHS continues to work and advocate with the United Nations, world leaders, human rights organizations and multiple governments so that Afghan Sikhs and Hindus may live in solace and security.

UNITED SIKHS
International Civil and Human Rights Advocacy (ICHRA)
Gundeep Singh, Media Coordinator