Afghan Soldier, Lawyer and Hero

By LCDR Robert P. Monahan Jr. & COL Rick Rousseau

Prior to the Afghan National Election in August 2009, it was well publicized that the Taliban threatened to cut off the fingers of anyone that exercised their right to vote. After casting their ballots, the fingers of Afghan voters are stained with ink. The Taliban did make good on their threats to cut off the ink stained finger of some individuals that voted in the election. The day after the election, August 21, 2009, First Lieutenant (1LT) Lutfallah Abrihimi, a legal officer in the Afghan National Army received a call regarding an urgent family crisis requiring him to return home to Kabul from his duty station in Kandahar. He tried to arrange for air travel from Kandahar to Kabul, but there was no flight available on such short notice. Knowing that he needed to return home, 1LT Lutfallah received proper authorization from his chain of command to leave his unit. He went into Kandahar and took a bus bound for Kabul. However, he never made it to Kabul, or to his family. While the bus was traveling from Kandahar to Kabul, it was stopped in Ghazni Province by Taliban insurgents. The insurgents were stopping vehicles to check for people with ink stained fingers indicating they had voted in the election. Realizing that the insurgents would not only identify him as a member of the Afghan National Army, but knowing they were also looking to inflict terror and atrocities on his fellow Afghan citizens that had exercised their right to vote in the election, 1LT Lutfallah took action into his own hands. Armed with his service pistol, he engaged the insurgents and killed three before they could terrorize or harm his fellow countrymen. After 1LT Lutfallah expended all his ammunition on the insurgents, he bravely stood his ground and refused to be intimidated in the face of death. The remaining insurgents murdered 1LT Lutfallah as he bravely stood in defiance. Due to his actions, no other passengers on the bus were killed or had their fingers cut off by the insurgents.

1LT Lutfallah was a Soldier and a legal officer that answered the call of his country. He exemplified the best of the profession of arms and the law. A native of Nooristan Province, he graduated from Kabul University Islamic Law (Shari’a) School. While a law student, he expressed progressive thoughts regarding women’s access to education. In the July 2005 edition of the United Nations Development Fund for Women “Gender Advocacy in Afghanistan” newsletter he is quoted as saying, “When the law and Islam don’t prevent women from getting an education, then families should also not prevent them.”

After graduating from law school, 1LT Lutfallah joined the Afghan National Army General Staff Legal Department. Ultimately, he was assigned as the senior legal advisor to the 1/205th Brigade in Kandahar, and occupied the position of a major in the unit. As the unit’s legal advisor, 1LT Lutfallah gained the attention and respect of both the Commander and staff of his brigade. He took an active part in staff planning and constantly sought out ways to assist the brigade in achieving its mission while complying with the law of armed conflict. When he was not satisfied with some of the unit training, he made it a point to take training out to the soldiers at the forward operating bases. 1LT Lutfallah was not content to just sit in a headquarters office away from his fellow Soldiers.

In Afghanistan, less than 30% of the population is literate. 1LT Lutfallah was a wise and educated man that could have chose not to endure the rigors and dangers of military service for his country. He was trained in the law and understood the meaning of justice. Seeing evil first hand, 1LT Lutfallah took the moral high ground and the path of the good. Instead of hiding from those who sought to intimidate, he stood tall with honor displaying the valor of bravery in the face of death. 1LT Lutfallah was an outstanding example for all Soldiers in the Afghan National Army and for all military attorneys. His efforts in life helped to forge success and teamwork amongst Afghan Soldiers as well as his coalition partners. 1LT Lutfallah will be remembered as having the characteristics and traits of an officer that will define the future of Afghanistan by the excellence of his wise efforts towards justice, his good deeds, the valor of his bravery, and devotion to his country.

International Women’s Day: Small in stature, but a giant role model for women in Afghanistan

In the fall of 2009, I attended the Women’s Equality Day presentation at Camp Eggers in Kabul, Afghanistan. The speaker was Ms. Husnia, an Afghan attorney from my legal office who provides training to the Afghan National Police (ANP). As Ms. Husnia took her place behind the podium to give a presentation regarding her observations about Women’s Rights in Afghanistan, I could not help but to notice that she was only slightly taller in stature than the podium itself. In fact, she was almost totally hidden behind the podium. As Ms. Husnia began to speak softly, the entire room of Soldiers, Sailors, Airmen, Marines, Coalition Forces, and civilian employees remained silent and hung onto her every word. Ms. Husnia spoke about her upbringing in Afghanistan before the Taliban, fleeing the country to escape Taliban rule, and the challenges today of women in Afghanistan. While some talk about women’s equality, Ms. Husnia demonstrates the modern achievements of women in Afghanistan. She is not content with the status quo, but continues to march on the road for gender and human rights in Afghanistan.
Ms. Husnia was born in Kabul, Afghanistan, to parents who were both high school teachers. Husnia graduated from Kabul University with a law degree. She went on to pass the “Stajh,” an Afghan equivalent of the bar exam for attorneys in the United States. Ms. Husnia lived in Kabul with her family until the Taliban took over in Afghanistan. She fled with her family to Pakistan to escape the Taliban. Ms. Husnia lived in Pakistan with her family for 10 years and taught high school to Afghans. Following the fall of the Taliban, Ms. Husnia returned to Afghanistan. Today, Ms. Husnia assists in developing curriculum for training the Afghan National Police on the law and travels throughout Afghanistan to provide the instruction. She draws on her experience as a former Attorney General Investigative Prosecutor in Afghanistan and teacher to instruct hundreds of Afghan National Police on the law. She enjoys teaching the Afghan National Police about the law, including gender and human rights. Afghan National Police students, both male and female, have been very respectful and receptive during her classes. Ms. Husnia provides insightful comparisons of Sharia Law and current Afghan law. She especially appreciates and enjoys when her students express their opinions and ideas. She is optimistic that in the future women will play a more prominent role in the Afghan government
During her presentation on Women’s Equality day, Ms. Husnia spoke about the equality of women in Afghanistan and how the daily lives of women continue to improve. For example, Ms. Husnia indicated today women are allowed to attend school and work alongside men. Although we take these things for granted in our own country, both were nonexistent during the regime of the Taliban in Afghanistan. Nevertheless, Ms. Husnia explained that there are still some places in Afghanistan where women are not allowed to attend school and some men are unaware of the rights that women now possess. While she left little doubt that overall security is better in Afghanistan now than in the past, Ms. Husnia is still cognizant of the dangers and threats from some extremists because of her work to further the rule of law. While most Afghans agree that women can attend school and work, some will not allow the women in their own families to become educated or work.
Like many everyday champions and role models before her, Ms. Husnia faces dangers each day by teaching about women’s rights that many of us take for granted in our own countries. It would be easier for Ms. Husnia stay home where she is “safe.” Simply because of her work, some believe that Ms. Husnia and her family are in danger from extremists. Regardless of the possibility of the threats to her safety, Ms. Husnia is committed to improving life for all in Afghanistan. She is very optimistic that in the future life will continue to improve for all Afghan women.

On a daily basis, Ms. Husnia serves as a role model for women in the Afghan National Police by her actions and deeds. In addition to providing basic legal training to the ANP, Ms. Husnia teaches women’s rights to all so that she can change their perception and treatment of women. As I recall the conclusion of the Women’s Equality Day presentation at Camp Eggers and reflect on Ms. Husnia’s daily work to further the rule of law, it is clear that while she is small in stature, Ms. Husnia is a giant serving as a role model for women in Afghanistan.

OPENING OF THE AFGHAN NATIONAL ARMY LEGAL SCHOOL

With the opening of one of its smallest professional schools, the Afghan National Army (ANA) took a giant step forward as a professional Army. On February 3, 2010, the ANA opened its first Legal School at the Kabul Military Training Center (KMTC). The ANA Legal School will serve as the cornerstone foundation to train ANA legal professionals in the continual advancement of the rule of law within the ANA and Afghanistan. The ANA Legal School will provide basic, advanced, and continuing legal education and training to ANA legal officers, military judges, criminal investigators, military prosecutors, and defense counsel. The school will also train ANA paralegals and enhance the ranks of the ANA Noncommissioned Officer (NCO) Corps. In addition to providing basic and advanced legal training, the Legal School will serve as a “Center of Excellence” and a key enabler to the constant development of the rule of law in Afghanistan. It will also serve as a strategic center for legal operations, training, and doctrine. The ANA Legal School will not only facilitate the training of legal officers, but also serve as a catalyst for the trained ANA legal officers to integrate rule of law and Law of Armed Conflict instruction to other ANA Soldier and officer training courses throughout the ANA. The ANA Legal School will also focus on leadership training for legal professionals.

Although the new ANA Legal School is temporarily located on the grounds of the KMTC, plans are currently moving forward for the construction of a permanent school on the grounds of the Afghan Defense University. The combined teamwork of the ANA GS Legal staff and the NATO Training Mission – Afghanistan Office of the Staff Judge Advocate are currently developing the plans for the building of the permanent legal school, development of the Legal School Directorate, and planning the curriculum for numerous courses of instruction and training packages at the new ANA Legal School. The creation of the school and center of excellence will enable the faculty to not only conduct training at the school, but to assist with legal training at the various ANA Corps Legal Offices throughout Afghanistan.