The family of renowned photojournalist Danish Siddiqui, who was killed by the Taliban in Afghanistan last year, has filed a communication with the International Criminal Court (ICC), asking for an investigation into his killing as a war crime and crime against humanity.
"He was tragically killed, unlawfully killed, because he was a journalist, because he was an Indian," advocate Avi Singh, a specialist in international law who is representing the family, said at a press conference on Tuesday, 22 March.
Thirty-eight-year-old Siddiqui, who had covered major international events over the last decade with Reuters, was killed while covering a clash between Afghan security forces and Taliban fighters in the Boldak district of Kandahar on 16 July 2021.
The communication has been sent to the office of the Prosecutor of the ICC, Karim Khan, as well as the ICC's Victims and Witnesses Unit on behalf of the Pulitzer-winning journalist's parents, Dr Akhtar Siddiqui and Shahida Akhtar.
The complaint filed by the family contends – based on evidence including reports and statements of other journalists present in the area – that Siddiqui was tortured before being killed, and that his body was mutilated by Taliban forces.
Singh also noted during the press conference that Siddiqui had been taken to a mosque for treatment after being injured in an initial skirmish and that the Taliban ignored the protected status of the building when attacking it and taking him prisoner, despite knowing he too enjoyed protected status as a journalist.
"It has been quite painful for the family all these months," Danish's brother Omar Siddiqui said at the press conference. "It's a very long journey, we know, but it's important to look for justice. Looking back, we want it to be remembered that we have stood for justice and we took the necessary steps we could."
"This complaint will also highlight the dangers journalists are facing in conflict zones," he added.
The complaint has been filed against not just the local commanders who were directly involved on the ground, but six members of the Taliban's top leadership:
Mullah Hibatullah Akhundzada (Supreme Commander of the Taliban)
Mullah Hassan Akhund (Head of the Taliban Leadership Council)
Mullah Abdul Ghani Baradar (Chief Spokesperson)
Mawlawi Muhammad Yaqoob Mujahid (acting Defence Minister)
Zabihullah Mujahid (Taliban Spokesperson)
Gul Agha Sherzai (Governor of Kandahar province)
Responding to a question from The Quint, Singh explained that the Taliban's military code specifically included a policy of attacking civilians, human rights defenders, humanitarian workers, and journalists, and the group had openly claimed responsibility for many such attacks. The United Nations Assistance Mission in Afghanistan has attributed over 70,000 civilian casualties to the Taliban.
As a result, the killing of Danish Siddiqui could be viewed as part of a 'widespread and systematic attack' on a civilian population, which would bring it within the ambit of crimes against humanity. As a wrongful killing in the course of an armed conflict, it would be a war crime as defined in the Rome Statute (which governs the ICC) as well.
Singh told the reporters present at the press conference that the Indian government was not at this time party to the communication (India is not a party to the Rome Statute), but that they would be asking the Centre to support any investigation agreed to by the ICC.
When asked what evidence was being relied on to suggest that Siddiqui was targeted for being Indian, Singh and Omar Siddiqui referred to several reports by journalists from Afghanistan which noted that the Taliban was aware of his nationality, including one that claimed he was an Indian spy, and another that mentioned the impact created by one of Siddiqui's final reports, on how a police officer had held out against the Taliban for a long time before being rescued.
Upon being asked why action has been sought against Gul Agha Sherzai since he was not part of the Taliban at the time, Singh explained that "responsibility in international criminal law deals with the responsibility to prevent as well as the responsibility to punish."
While Sherzai had only joined the Taliban after the killing of Siddiqui, he was governor of the region, and there had been no credible investigation of the incident or punishment of those responsible under his watch.
While the Taliban do not recognise most international organisations, the former government of Afghanistan had ratified the Rome Statute, and the ICC was already looking into allegations of war crimes and crimes against humanity in its territory, meaning that the court could consider the specific incident involving the Indian journalist.
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