Lawyers Against the War Letter to ICC

An excerpt from Lawyers Against the War’s Letter to the International Criminal Court dated 25 April 2007

Re. War crimes and the transfer of detainees from Canadian custody in
Afghanistan

We write to draw your attention to possible war crimes committed with respect to the transfer of detainees from Canadian custody in Afghanistan. In
particular, we request that you open a preliminary examination under Article
15 of the Rome Statute of the International Criminal Court to determine
whether there are reasonable bases to investigate Mr. Gordon O’Connor, the
Canadian Minister of National Defence, and General Rick Hillier, the
Canadian Chief of the Defence Staff.

Specifically, we are concerned that Mr. O’Connor and General Hillier have:
1. Chosen to allow detainees to be transferred to the custody of Afghan
authorities despite an apparent risk of torture and other forms of abuse;
2. Chosen not to take reasonable and readily apparent steps to protect
detainees against torture and other forms of abuse—for instance, by
seeking a renegotiation of the December 2005 Canada-Afghanistan
Detainee Transfer Arrangement to bring it into line with pre-existing
Denmark-Afghanistan, UK-Afghanistan and Netherlands-Afghanistan
agreements, and now, following credible reports of the torture of
transferred detainees, by ceasing any further transfers.

Read the full letter here.

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