US bombing of Afghan hospital not a war crime: Pentagon

A US military investigation has concluded that American forces did not commit any war crimes by conducting a deadly attack on an Afghan hospital that was run by Doctors without Borders, also known by its French acronym MSF.

On October 3, 2015, a US gunship bombed the hospital in the Afghan northern city of Kunduz for more than an hour, killing 42 people, and injuring 37 others.

"The investigation concluded that certain personnel failed to comply with the rules of engagement and the law of armed conflict, however, the investigation did not conclude that these failures amounted to a war crime," General Joseph Votel, commander of US Central Command, said in a media briefing on Friday.

The general, who headed US Special Operations Command at the time, argued that the attack did not amount to a war crime because none of the service members were aware that they were striking a hospital.

The report added that fatigue and "high operational tempo" also contributed to the tragic incident.

The investigation also stated that more than 170 individuals and families had received condolence payments of $6,000 for the dead and $3,000 for the injured.

An additional $5.7 million had been approved to reconstruct the MSF facility, it noted.

The US military has also taken disciplinary action against 16 servicemen in relation to the airstrike.

According to the report, General John Campbell, who was the top American commander in Afghanistan at the time of the bombing, punished 12 personnel while four more were reprimanded by Votel.

"The actions included suspension and removal from command, letters of reprimand, formal counseling and extensive retraining," the report claimed.

Campbell, who has relinquished command, has called the attack a "tragic but avoidable accident caused primarily by human error."

MSF reaction

The Geneva-based Doctors without Borders said in a statement Friday that the punishments were inadequate and it would like to see an "independent and impartial" investigation.

"The lack of meaningful accountability sends a worrying signal to warring parties, and is unlikely to act as a deterrent against future violations of the rules of war," the medical charity said.

MSF says the incident "constitutes a war crime" and has demanded an international investigation, but none has been undertaken.

According to the organization, US military commanders continued to attack the hospital for 17 minutes after being warned that their aircraft was firing on a medical center full of doctors and civilians.

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