To the Honorable Secretary General Antonio Guterres
New York, New York 10017
RE: The peace agreement between the U.S. and the Taliban appears to be a farce and simply a mechanism to assist President Trump with his re-election. There should be no foreign interference in the Intra-Afghan Meetings and Afghan Domestic Affairs
Dear Secretary- General Guterres:
The peace agreement between the U.S. and the Taliban appears to be a farce and simply a mechanism to assist President Trump with his re-election. It is not about peace for the Afghans. Removing U.S. forces from Afghanistan was one of Trump’s campaign promises to his base supporters. I believe that the United States’ main peace negotiator, Special U.S. Envoy Zalmay Khalilzad, does not have true intentions to bring peace. He is simply a war profiteer playing both the U.S. and the Taliban, which has cost the U.S. several trillion dollars. This agreement has been written in such a way that it will completely fall apart once the U.S. presidential election has been held.
After the election the United States will simply state that the Taliban have not fulfilled the terms of its commitment under the February 29, 2020 agreement. In all parts of the agreement, the performance of the United States’ withdrawal of troops and its other obligations are all “subject to the Taliban’s fulfillment of its commitments under the U.S. Taliban agreement”. This phrase is repeated throughout the written U.S.-Taliban agreement and the agreement between the Afghan government and the United States so that the United States has an easy (out) once the election is over.
In order for this peace agreement to truly work for the benefit of Afghans and Americans, two items must be firmly addressed (1) independent Intra-Afghan talks and (2) political freedom for Afghanistan, as I firmly believe the current plan is to turn Afghanistan into a modern day colony of Pakistan.
At this critical juncture, the mistakes of Bonn and other past Afghan conferences must not be repeated. For the upcoming “Intra-Afghan” deliberations, foreign countries and their intelligence agents, Afghan Communist war criminals, war profiteers and warlords must not interfere or claim exclusivity in representing the Afghan people. They must not be allowed to participate. Hence, it is imperative to allow Afghans to determine their own destiny. During the past four decades, educated Afghan men and women, who do not have blood on their hands, who are not war profiteers, warlords, human rights violators, drug traffickers nor agents of foreign intelligence services have not been included in the peace process and intra-Afghan meetings. These Afghans must be participants in the Intra-Afghan meetings. I along with other ANPC members and other educated Afghans should and are capable of arranging the Intra-Afghan gathering without foreign countries, communist war criminals, war profiteers, and foreign intelligence agents, interference in the process. The upcoming Intra-Afghan Gathering must “truly” be Afghan-led, Afghan-controlled and Afghan-owned.
Secondly, I am deeply concerned that Pakistan is attempting to position Afghanistan as its modern-day colony under the approval of Mr. Khalilzad. Recall, before the peace Agreement was signed Mr. Khalilzad met with Pakistani General Qamar Bajwa on multiple occasions. This begs us to ask the question, what agreements were made between Pakistan and the United States and what monetary consideration or promises were made by the United States to Pakistan? The American and Afghan people deserve full transparency considering the trillions of dollars wasted and lives lost over the past eighteen years.
As I told the U.S. State Department and my U.S. Senator on multiple occasions, Zalmay Khalilzad, the architect of this farcical peace agreement, is an obstacle to “true” peace in Afghanistan. I believe the U.S. Congress needs to investigate Khalilzad. Khalilzad’s lust for more money, Trump’s desire to be re-elected and Pakistan’s immediate need for money due to its economic difficulties are the real drivers/motivators of this recent agreement and not true peace.
In order for true peace to occur in Afghanistan, foreign interference must cease. The driver for a stable, peaceful, prosperous and free Afghanistan is one where all Afghans, particularly those who are educated and have not profited from the 42 years of war are a driving force for Intra-Afghan peace talks.
On February 15, 2020, at the NATO Summit in Munich, NATO and the U.S. told Ashraf Ghani to announce himself as the winner of the fraudulent presidential election. Around the same time. Khalilzad told war lord/war criminal Rashid Dostum to give his public support to the other presidential candidate Abdullah Abdullah, which causes problems and division. On February 28, 2020, in secret Pakistani President Imran Khan traveled to Qatar to preside over execution of the agreement between the U.S., Pakistan and Taliban, in which authority over the Afghan puppet government was given to Pakistan. Pakistan’s involvement knowingly causes division and the inevitable breakdown of the agreement. On February 29, 2020, the agreement was signed with one of the main terms being that all U.S. troops would withdraw within 14 months. At the same time in Kabul, NATO, the U.S. Defense Minister and Ghani signed an agreement that troops would remain in Afghanistan through 2024. In addition, prison exchange terms of the peace 2/29/20 agreement are not being followed by the U.S.. The 5,000 prisoners were not handed over to the Taliban as promised.
The US occupation and war in Afghanistan is illegal. The United States’ invasion and occupation of Afghanistan violates the UN Charter and international law. First, the United Nations’ Charter is a treaty which was ratified by the United States. As a ratified treaty it became part of US law. Therefore the US must comply with the UN Charter. Article 2 (4) of the Charter, bans the use of armed force against another country except under two circumstances. It reads, “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.” This article has also become part of the international customary law.
Under the UN Charter, there are two exceptions to the ban on the use of armed force. First, a country can use armed force against another country in self-defense as provided for in Article 51. Second, a country can use armed force when the UN Security Council approves such force to maintain or restore international peace and security. Neither of those exceptions were met before the United States invaded Afghanistan and began waging war.
The United States’ war in Afghanistan is beyond the scope of self-defense allowed by Article 51. Self-defense can only legally take place when an armed attack takes place against a state. The Afghan government in 2001, the Taliban, did not attack the United States. That is a fact. No evidence has ever been produced by the United States to the contrary. Propaganda, speculation and expert opinions in the media do not constitute credible and relevant evidence. Furthermore, there was no imminent threat that Afghanistan would attack the US or another UN member country. Self- defense can only be used to repel an attack. Immediately after the tragic events of 9/11, the attacks stopped. There was no imminent threat to attack the US by the Afghan government before or after 9/11.
In addition, the UN Charter and well established international customary law, provide that self-defense would warrant only measures, which are proportionate to the armed attack and necessary to respond to it. It must not entail retaliatory or punitive actions. The US war tactics in Afghanistan are retaliatory, punitive and illegal. In and of itself, the use of cluster bombs, drones, uranium tipped weapons is a disproportionate use of force and unnecessary force. The US’s illegal use of self-defense is collectively punishing an entire nation. It is in violation of the UN Charter and international law. The right to Self-Defense set forth under Article 51 cannot be legally used against Afghanistan because the Afghan government allegedly refused to extradite Bin Laden. Extradition matters are resolved through peaceful measures in courts and not through the use of armed force with massive cluster bombs, drones, uranium tipped weapons etc, which have killed thousands of innocent Afghans during the past ten years. This illegal war and continual killing of innocent Afghans violates the UN Charter and international law. It is not legal self-defense under the UN Charter, international law or any law.
When the United States invaded Afghanistan the UN Security Council did not authorize the United States or any country to use military force against Afghanistan under Chapter VII (7) of the UN Charter. The UN Security Council can invoke Chapter VII use of force to maintain or restore international peace and security only when actual military force was being used. “Terrorism” can be a threat to international peace. However, there has been no evidence showing that the Afghan government or any Afghans committed or was involved in the tragic terrorist attacks on 9/11 nor that it was a threat to international peace and security. The United States’ war in Afghanistan is illegal and amoral. Thus, the ordinary Afghan people have the legal right to defend themselves and resist this illegal war and illegal use of force against them. They are not the terrorists or criminals. As Afghans have done in the past, they are defending themselves, their country’s territorial integrity and their namoos.
The United Nations and the world need to require the United States and NATO to immediately cease its use of armed force against Afghanistan and withdraw all of their troops. No US or NATO troops should remain on any permanent base.
The upcoming Intra-Afghan Gathering must truly be Afghan-led, Afghan-controlled and Afghan-owned. However, for the upcoming “Intra-Afghan” deliberations, foreign countries and their intelligence agents, Afghan Communist war criminals, war profiteers and warlords must not interfere or claim exclusivity in representing the Afghan people. They must not be allowed to participate. In order for true peace to occur in Afghanistan, foreign interference must cease. The driver for a stable, peaceful, prosperous and free Afghanistan is one where all Afghans, particularly those who are educated and have not profited from the 42 years of war are a driving force for Intra-Afghan peace talks. I along with other ANPC members are capable of arranging the Intra-Afghan Gatghering.
I may be reached at 269-353-7044. Thank you.
Kadir A. Mohmand