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اپورا  رد  ناغفا نانادقوقح نمجنا  ی    اهما  پ ی

          There are instruments of International Law, from the Hague Convention to the statutes of the
          courts of Nuremburg and Tokyo, and in the last decade of the past century in Rwanda, former
          Yugoslavia, and the Statute of the International Criminal Court that can be used as the bases

          for the argument.

          For the first time during the decades-long war in Afghanistan, a hospital with the international
          nature (the location of which already existed in their registration) was willfully targeted by a
          planned air strike. Even the warnings by staff of the hospital, which were directly relayed to
          them, were ignored.


          While admitting the commission of crime, the American side desperately strives to justify the
          crime (the   remarks of Gen. Campbell, the chief commander of American forces about the
          gathering of Taliban in the hospital and the request by the Afghan side, can be nothing but a
          justification worse than the crime itself).


          Article (48) of the Geneva Convention that provides for the distinction between civilian and
          military targets, and likewise, the articles (7) and (8) of the Statute of the International Criminal
          Court  which  indicate  the  four  occasions  (refraining  from  targeting  peacekeeping  forces,
          humanitarian aid agencies, defenseless vulnerable persons, and civilians), the seven principles
          of the International Red Cross in similar circumstances assign the legal and moral commitment
          to  the  military  forces  of  America,  and  hence,  the  perpetration  of  the  war  crime  by  the
          servicemen of that country is brighter than the sun.


          In all the afore-mentioned occasions, a legal liability can be assigned to persons or states.
          Unfortunately, however, the implementation of justice and bringing the criminals to justice
          and court is a difficult task, because:


          In internal dimension: a weak government and an inefficient judiciary, the ethnic and factional
          nature of the law enforcement organs, and …

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