Thread by @MehdiHakimiJ

THREAD –

Why #Norway must arrest & prosecute Taliban’s Anas Haqqani—while he’s still in Oslo

Anas Haqaani is a senior Taliban official & the brother of Sirajuddin Haqqani, the leader of the Haqqani Network.

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The Haqqani Network is a designated foreign terrorist organization by the United States.

According to the International Criminal Court’s Office of the Prosecutor, the Haqqani Network has allegedly committed numerous war crimes & crimes against humanity in Afghanistan.

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In 2016, Anas Haqqani, along with another senior Haqqani commander, was prosecuted & *convicted* by a national court in Afghanistan.

Due to the gravity of Anas Haqqani’s crimes, Afghan judges issued the most severe sanction in his case—the death sentence.

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Under Afghan law, the death sentence is reserved only for the most heinous crimes including war crimes, crimes against humanity, & terrorism offenses.

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In response, the Taliban warned of “very disastrous and dangerous consequences for the current regime” and that “a lot of blood will be spilled” if Afghan authorities implemented the death sentence for Anas Haqqani.

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The Taliban’s threats also directly targeted judicial personnel. The Taliban openly threatened to attack “judicial installations” if Afghanistan’s higher courts upheld the lower court’s death sentence for Anas Haqqani.

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Reflecting the seriousness of Anas Haqqani’s crimes, the Afghan government emphasized on multiple occasions that releasing Anas Haqqani was a “red line” that would never be crossed.

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In 2019, however, Ashraf Ghani ordered the release of Anas Haqqani.

Ghani’s decree violated the Afghan Constitution, the Penal Code, & the Criminal Procedure Code.

Ghani had a history of engaging in acts that likely violated various Afghan laws—both civil & criminal.

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Despite ratifying the Rome Statute, Ghani’s government also routinely violated its legal obligations under international law—including the obligation to cooperate with the International Criminal Court (ICC).

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In particular, Ghani’s government refused to share any information regarding Anas Haqqani’s case with the ICC’s Office of the Prosecutor (OTP)—despite OTP’s multiple requests to do so.

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Anas Haqqani is among the most senior Taliban officials allegedly responsible for int’l crimes. The OTP has emphasized the need to investigate the alleged int’l crimes by Haqqani Network & Taliban in AFG. The ICC Appeals Chamber authorized that investigation in 2020.

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Besides other legal bases, Norway has ratified ICC’s Rome Statute.

Norway has jurisdiction over Anas Haqqani’s case—& indeed over other Taliban officials.

Anas Haqqani’s crimes likely fall under (at least) 3 categories—terrorism, war crimes, & crimes against humanity.

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In 2020, the Norwegian Supreme Court ruled that Norwegian courts may exercise universal jurisdiction over crimes of terrorism & that foreigners may be sentenced in Norway for terrorism crimes they committed before arriving in the country.

See here: perma.cc/5UYV-XR5N

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Moreover, besides terrorism offenses, relevant laws also provide the authority to Norwegian courts to investigate & prosecute other int’l crimes committed on foreign territory by foreign nationals incl. war crimes & crimes against humanity.

See here: justiceinitiative.org/publications/u…

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Amongst the Haqqani Network’s numerous deadly attacks was the assault on Kabul’s Serena Hotel in 2008.

That Haqqani attack killed many innocent civilians including the Norwegian journalist Carsten Thomassen.

See here: norwaytoday.info/news/taliban-d…

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Jonas Gahr Støre (@jonasgahrstore)—who is now Prime Minister—was at Serena Hotel as Foreign Minister when d attack happened.

Norway can hold d perpetrators of grave crimes accountable.

As a rule of law country, it has d necessary legal framework to ensure justice is done.

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