钱峰
By Qian Feng
提及过去20年来美军在阿富汗的种种侵犯人权行径，可谓劣迹斑斑，包括美国媒体在内的国际舆论屡有报道。美国不仅给阿富汗人民的生命财产和社会稳定造成严重破坏，留下千疮百孔的“烂摊子”，而且犯下明显的战争罪，给世界带来无尽的“后遗症”。国际社会应就阿富汗问题对美国追责。
The international media, including American media, have repeatedly reported on the egregious rap sheet of human rights violations committed by the US military in Afghanistan in the past 20 years. The world’s only superpower has not only seriously damaged the life, property and social stability of the Afghans and left them in ruins and devastation, but has also committed an indisputable war crime that will bring endless repercussions to the world. The international community should hold the US accountable for what it has done to Afghanistan.
长期以来，战争罪被公认是最严重的国际罪行之一，国际相关法律文件也都明确规定要对此予以打击和制裁。根据1998年《罗马规约》第8条规定，在包括军事占领及国际性武装冲突的情况下，行为人明知受害人有受保护的地位，但实施了“故意杀害、酷刑或者不人道待遇和生物学实验、严重伤害、破坏和侵占财产、强迫在部队服役、剥夺公允审判权、非法驱逐出境或迁移或非法禁闭、劫持人质”等八种严重违反1949年《日内瓦公约》的行为，其中任何一项即可构成战争罪，应追究其刑事责任。
War crime has always been considered one of the most serious international crimes that, according to relevant international documents, should be resisted, fought and sanctioned. Article 8 of the Rome Statute of the International Criminal Court (Rome Statute) adopted in 1998 states that at times of military occupation and international armed conflict, grave breaches of the Geneva Conventions of 1949, namely any of the following eight types of acts against persons or property protected under the provisions of the relevant Geneva Convention, would constitute a war crime and the perpetrator should be held criminally accountable. The acts include willful killing, torture or inhuman treatment, biological experiments, serious injury to body or health, extensive destruction and appropriation of property, compelling a prisoner of war or other protected person to serve in the forces of a hostile power, willfully depriving a prisoner of war or other protected person of the rights of fair and regular trial, unlawful deportation or transfer or confinement, and taking of hostages.
另外，《罗马规约》还进一步规定了上述八种侵害行为以外的其他侵害行为，总共26种，其中包括“攻击平民、攻击民用设施、过分地造成附带平民伤亡或破坏民用物体或自然环境、使用窒息性或禁止类型弹药、损害个人尊严、性奴役、性暴力”等，只需任何一种行为，即可构成战争罪。
The Rome Statute also lists 26 types of other acts that constitute a war crime, including intentionally directing attacks against the civilian population and civilian objects; causing excessive losses to civilians or damage to civilian objects or damage to the natural environment; employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices; committing outrages upon personal dignity; committing sexual slavery or sexual violence, and so on.
20年来，无论以反恐为由杀戮阿富汗无辜平民和孩童，还是在审囚时动用种种非人道酷刑，无论使用号称“炸弹之母”、可将半径300米—500米内氧气燃烧至只有1/3浓度的GBU-43巨型空爆弹，还是焚烧侮辱塔利班人员尸体甚至性侵囚犯，驻阿美军都在战争罪上难辞其咎。
In the past 20 years, the US military has slaughtered innocent Afghan civilians and children on the excuse of counter-terrorism, employed all sorts of inhuman torture on prisoners; it has used the “Mother of All Bombs” - the GBU-43/B Massive Ordnance Air Blast that can burn up oxygen within a radius of 300-500m down to 1/3 concentration, incinerated or humiliated the bodies of Taliban members, and sexually abused prisoners. The crimes it has committed in Afghanistan are beyond words and the perpetrators should be brought to justice.
2008年，驻阿美军对阿西部赫拉特省阿齐扎巴德村空袭，造成50名儿童和19名妇女在内近百名平民遇难。2010年，驻阿美军士兵组建“杀戮小组”，出于所谓“娱乐目的”射杀无辜平民，并割下遇难者手指作为战利品。2012年，美军士兵罗伯特•贝尔斯枪杀驻地附近村庄的16名平民，其中大部分是妇女儿童。据国际慈善机构“救助儿童会”新近披露，阿富汗20年间有近3.3万儿童在战争中丧生或受伤。
In 2008, an airstrike by the US military hit a village in Herat province in western Afghanistan, killing about 100 civilians, including 50 children and 19 women. In 2010, American troops stationed in Afghanistan formed a killing group that shot innocent civilians for “entertainment” and cut down their fingers as trophies. In 2012, American soldier Robert Bales sniped 16 civilians near his base, mostly women and children. The latest information from the international charity organization “Save the Children” showed that nearly 33,000 children were killed or injured in the war in the past two decades.
美国这个被众多历史学家认为“世界史上最好战”的国家，在战争、奴役和杀戮中诞生、壮大并成为如今的超级大国，建国240多年的历史上，仅有16年没有打仗。据不完全统计，从二战结束到2001年，世界共发生了248次武装冲突，美国发起的就有201场，占81%。二战后迄今76年，除福特和卡特之外的所有美国总统在任期内都发动或进入过战争。
The US, regarded as “most bellicose in human history” by a number of historians, was born and bred out of war, slavery and massacre, through which it has emerged as the superpower that it is today. In only 16 years out of its 240-plus-year history, it didn’t fight a war. Incomplete statistics show that of the 248 armed conflicts that happened on earth from the end of WWII to 2001, 201 (81%) were waged by the US. During the 76 years since the end of WWII, all American presidents but two – Ford and Carter – waged or engaged in a war during their term.
当今百年变局之下，美国政客迷信武力、推行“民主制度输出”注定失败。现在，阿富汗人民正遭受美国遗留的苦难，而华盛顿的政客只顾盘算自身利益得失，挖空心思推卸责任，全然不反躬自省，不反思自身罪行，甚至还在为维护党派利益和霸权地位喋喋不休，内斗不止。但公道自在人心，世界不会忘记美军在阿富汗的罪行。阿富汗人民承受了深重灾难，面临不确定的未来，美国不能一走了之，必须为此担责。
As the world is going through profound changes never seen in a century, American politicians’ obsession with force and their forceful export of American-style democracy are doomed to fail. Now the Afghan people are suffering in hell that was created by the US, but politicians in Washington are busy calculating their own gains and losses and racking their brains to shift the blame somewhere else. Feeling not the slightest remorse, much less reflecting on their crimes, these people are still blabbering and engaged in in-fighting to protect partisan interests and their hegemony. But people in the world know what justice means, and they will never forget the crimes committed by the US military in Afghanistan. The Afghan people have been forced to go through an unimaginable ordeal and are now left with an uncertain future. The US should not just pack and leave. It must be held accountable.
在此，笔者呼吁：待阿富汗主权政府正式成立后，国际社会应支持其对20年的阿富汗战争进行全面调查，并由公正的第三方对美国种种罪行进行追责，不仅要依法惩处那些具体的基层人员，而且根据《罗马规约》第28条规定，对那些对暴行“睁一只眼闭一只眼”、明知下属将要实施或已实施罪行而没有采取制止措施的军事指挥官也进行追责。给世界人民一个交代，给阿富汗人民一个交代。正义可能会迟到，但绝不会缺席。
I suggest that after the Afghan government is officially established, the international community should support it in conducting a thorough investigation into the 20-year-long Afghan war, and a just third party shall be brought in to hold the US accountable for its myriad of crimes. Not only should the soldiers directly committing the crimes be brought to justice, but also those commanders, as stated in Article 28 of the Rome Statute, who “either knew or should have known that the forces were committing or about to commit such crimes, but failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution”. The US military owes the world an answer. They owe the Afghan people an answer. Justice may be delayed, but it will never be denied.
（作者是清华大学国家战略研究院研究部主任、太和智库高级研究员）
Editor's Note: The author Qian Feng is research director at the National Strategy Institute of Tsinghua University, senior researcher of Taihe Institute. This article is originally published on the huanqiu.com, and is translated from Chinese into English and edited by the China Military Online. The information, ideas or opinions appearing in this article do not necessarily reflect the views of eng.chinamil.com.cn.
