Unpunished War Criminals, The Shameful Legacy of Canada’s Military Involvement in Afghanistan

Abstract

This Article will suggest that Canadian officials, both military and civilian, are exposed to criminal prosecution secondary to the transfer of detainees captured by members of the Canadian Forces (CF) during military operations in Afghanistan, To be very clear at the outset, this Article will not suggest that any member of the CF during military operations in Afghanistan engaged in torture or any form of mistreatment of any detainee captured. Rather, this Article will propose that as a result of operations in which individuals were captured by members of the CF and subsequently transferred to the custody of Afghan authorities and in particular the National Directorate of Security that by so doing members of the CF are exposed to prosecution as a result of these transferred individuals being subjected to torture or forms of cruel, inhumane or degrading treatment by Afghan authorities.