Public Release of Initial MSF Internal Review
Public Release of Initial MSF Internal Review
Public Release of Initial MSF Internal Review
78 rue de Lausanne
Case Postale 116
CH-1211 Geneva 6
SWITZERLAND
www.msf.org
5 November 2015
Hospitals have protected status under the rules of war. And yet in the early hours of 3 October, the MSF hospital in
Kunduz came under relentless and brutal aerial attack by US forces.
Patients burned in their beds, medical staff were decapitated and lost limbs, and others were shot by the circling AC130 gunship while fleeing the burning building. At least 30 MSF staff and patients were killed.
This week, MSF concluded an initial review of the facts before, during and in the aftermath of the airstrikes. Although
our internal review is an ongoing process, we have decided to share these initial outcomes with the public, to counter
speculation and to be transparent. Details that could identify individuals have been removed. Explanatory footnotes
have been added in places where an external reader may need additional clarification.
This is the view from inside the hospital. What we lack is the view from outside the hospital - what happened within the
military chains of command.
The facts compiled in this review confirm our initial observations: the MSF trauma centre was fully functioning as a
hospital with 105 patients admitted and surgeries ongoing at the time of the US airstrikes; the MSF rules in the hospital
were implemented and respected, including the no weapons policy; MSF was in full control of the hospital before and
at the time of the airstrikes; there were no armed combatants within the hospital compound and there was no fighting
from or in the direct vicinity of the trauma centre before the airstrikes.
What we know is that we were running a hospital treating patients, including wounded combatants from both sides
this was not a Taliban base.
The question remains as to whether our hospital lost its protected status in the eyes of the military forces engaged in
this attack - and if so, why. The answer does not lie within the MSF hospital. Those responsible for requesting, ordering
and approving the airstrikes hold these answers.
We know that there were many different forces fighting in the area around our hospital: special forces, regular army,
police and the armed opposition. Each of these forces may have been operating according to different understandings
or interpretations of how international humanitarian law applies to medical work in war. Any ambiguity has deadly
consequences for our ability to work on frontlines.
What we demand is simple: a functioning hospital caring for patients, such as the one in Kunduz, cannot simply lose its
protection and be attacked; wounded combatants are patients and must be free from attack and treated without
discrimination; medical staff should never be punished or attacked for providing treatment to wounded combatants.
On 7 October 2015, MSF launched a call for an independent investigation by the International Humanitarian Fact
Finding Commission. Although the IHFFC has made itself available for an investigation, the United States and Afghan
Governments have yet to consent to this request. Consenting to the IHFFC is a critical step in demonstrating a
commitment to the Geneva Conventions. Today, we are handing over this internal report to both the public and the
IHFFC.
The attack on our hospital in Kunduz destroyed our ability to treat patients at a time when we were needed the most.
We need a clear commitment that the act of providing medical care will never make us a target. We need to know
whether the rules of war still apply.
Signed,
MSF services in Kunduz were completely free of charge and all patients were treated according to their medical
needs and without any distinctions of their ethnicity, religious beliefs or political affiliation.
2
Violent trauma includes, for example, land mine or bomb blasts, gunshots, stabbing and assault. Unintentional
trauma includes, for example, road traffic crashes, falls, unintentional burns, and other injuries.
Publicly released 5 November 2015
500
450
400
Total
350
300
Violent trauma
250
Unintentional, non-violent trauma
200
150
100
50
0
2011
2012
2013
2014
2015
Date
In 2014, more than 22,000 patients received care at the hospital and 4,241 surgeries were
performed. From January - August 2015, 3,262 surgeries were conducted.
MSF activities in Kunduz were based on a thorough process to reach an agreement with all
parties to the conflict to respect the neutrality of our medical facility. In Afghanistan,
agreements were reached with the health authorities of both the government of Afghanistan
and health authorities affiliated with the relevant armed opposition groups. These agreements
contain specific reference to the applicable sections of International Humanitarian Law
including:
- Guaranteeing the right to treat all wounded and sick without discrimination
- Protection of patients and staff guaranteeing non-harassment whilst under medical care
- Immunity from prosecution for performing their medical duties for our staff
- Respect for medical and patient confidentiality
- Respect of a no-weapon policy within the hospital compound
These commitments were discussed and endorsed by the militaries involved in the conflict,
including all international military forces such as the United States, both the regular and
special forces branches, ISAF and later Resolute Support command structures, Afghan
National Army, National Police and National Security agencies as well as the military
command structures of armed opposition groups. The local military hierarchy of all warring
parties endorsed compliance by agreeing to a no-weapons policy within the MSF facility.
These agreements were brought into practice through the implementation of the no-weapons
policy in the KTC, relying on civilian, MSF-employed unarmed guards as well as an ongoing
process of bilateral discussions with the community and all parties to the conflict.
MSF does not have access to the complete medical statistics for the week 28 September 2 October because a
large part of the medical archives, patient files, and admission sheets were destroyed, as they were located in the
main building that burned down as a result of the airstrikes.
4
MSF usually makes use of the term armed opposition groups in reference to Taliban and other opposition
groups operating in Afghanistan. In this document, the term Taliban forces is used as this is the term most
commonly used by those who were debriefed for this review.
5
MSF often reduces the size of its team to those who are absolutely essential to the running of life-saving medical
activities in times of increased insecurity.
6
As a neutral medical organisation, MSF does not ask which armed groups patients belong to, as this is medically
irrelevant information. In MSF patient records, a 'C' and 'M' may be used to denote 'civilian' or 'military' patients,
in relation to the collection of weapons at the entrance of the hospital as part of MSFs no weapon policy. No
further details are recorded as to which party to the conflict a patient may belong to. 'Military' patients are no
longer deemed to be combatants once wounded and are protected in hospitals under International Humanitarian
Law.
4
Publicly released 5 November 2015
Tuesday 29 September
An MSF press release was issued stating that the hospital is inundated with patients and that
we have quickly increased the number of beds from 92 to 110 to cope with the
unprecedented level of admissions, but people keep arriving. We have 130 patients spread
throughout the wards, in the corridors and even in offices. With the hospital reaching its limit
and fighting continuing, we are worried about being able to cope with any new influxes of
wounded. 7
MSF met with a Taliban representative to discuss the need to free beds for other critical
patients due to the ongoing fighting, and therefore for some patients to be discharged and for
those who required nursing follow-up to be referred to the MSF Chardara medical post.
An MSF vehicle on the way to the airport to collect urgent medical supplies was shot at while
crossing a frontline. The MSF staff in the car abandoned the vehicle for their own safety. The
following day, the vehicle was retrieved with the medical supplies still intact.
Due to the increased intensity of fighting in Kunduz, MSF reaffirmed the well-known
location of the KTC by once again emailing its GPS coordinates to US Department of
Defense, Afghan Ministry of Interior and Defense and US army in Kabul. The GPS
coordinates provided for the KTC were: 3643'4.91"N 6851'43.96"E (for the main hospital
building) and 3643'4.29"N 6851'42.62"E (for the administrative office building within
KTC).
Confirmation of receipt was received from both US Department of Defense and US army
representatives, both of whom assured us that the coordinates had been passed on to the
appropriate parties. Oral confirmation was received from the Afghan Ministry of Interior.
MSF also shared the GPS coordinates with a UN intermediary who confirmed transmission
directly to Operation Resolute Support.
Wednesday 30 September
Out of 130 patients in the KTC on Wednesday, there were approximately 65 wounded
Taliban combatants that were being treated. Starting this same day a large number of patients
discharged from the hospital, including some against medical advice. It is unclear whether
some of these patients discharged themselves due to the discussion to free some beds between
MSF and the Taliban representative or whether there were general concerns about security as
rumours were circulating of a government counter-offensive to reclaim Kunduz city. At the
same time as patients were being discharged from the hospital, new patients were being
admitted.
By Wednesday, MSF was aware of two wounded Taliban patients that appeared to have had
higher rank. This was assumed for multiple reasons: being brought in to the hospital by
several combatants, and regular inquiries about their medical condition in order to accelerate
treatment for rapid discharge.
Thursday 1 October
MSF received a question from a US Government official in Washington D.C., asking whether
the hospital or any other of MSFs locations had a large number of Taliban holed up and
enquired about the safety of our staff. MSF replied that our staff were working at full capacity
in Kunduz and that the hospital was full of patients including wounded Taliban combatants,
7
http://www.msf.org/article/afghanistan-msf-hospital-overwhelmed-wounded-after-heavy-fighting-kunduz
Publicly released 5 November 2015
some of whom had been referred to the MSF medical post in Chardara. MSF also expressed
that we were very clear with both sides to the conflict about the need to respect medical
structures as a condition to our ability to continue working.
A UN civilian/military liaison advised MSF to remain within the GPS coordinates provided to
all parties to the conflict as bombing is ongoing in Kunduz.
Friday 2 October
On Friday, two MSF flags were placed on the roof of the hospital, in addition to the existing
flag that was being flown at the entrance to the Trauma Centre.8 The KTC was also one of the
only buildings in the city that had full electricity from generator power on the night of the
airstrikes.
In the hours before the airstrikes, MSF was contacted by French and Australian diplomatic
officials and informed that MSF international staff in the KTC were at risk of being
kidnapped. This alert came in addition to a request that had been received from French
Embassy officials on Tuesday 29 September, where MSF was asked for the cell-phone details
of its international staff in case of kidnapping. 9 Included in the MSF team were two French
nationals and one Australian national. The other nationalities of the international team were:
Cuban, Malaysian, Hungarian, South African, and a Filipino. As part of MSFs own
assessment of risk, in-depth discussions were held with the MSF team in Kunduz, Kabul and
at headquarters to evaluate the kidnapping risk. A decision was taken, based on an
independent assessment of risk, to increase the security measures against kidnapping. All
national and international staff that were not on duty were instructed to sleep in the saferooms in the basement and administrative office.
At 10pm, there were more than 100 MSF staff and caretakers 10 sleeping in the basement
below the intensive care unit (ICU) and inpatient department. This basement had been
prepared as a safe dormitory in the event of clashes getting closer to the hospital. Those who
were awake after 10pm report having noticed how calm the night was in comparison to the
intense fighting of the previous days.
Throughout the night before the airstrikes began, all MSF staff confirm that it was very calm
in the hospital and its close surroundings. No fighting was taking place around the hospital,
no planes were heard overhead, no gunshots were reported, nor explosions in the vicinity of
the hospital. Some staff mention that they were even able to stand in the open air of the
hospital compound, which they had refrained from doing in the days prior, for fear of stray
bullets from fighting in the neighbourhood around the hospital. All staff confirm that the gate
of the hospital was closed and that the MSF unarmed guards were on duty.
From approximately 12.20am to 1.10am, the MSF coordinator conducted the nightly security
round of the hospital compound. The coordinator reported that the KTC was calm, with no
armed combatants present, nor any fighting on the hospital grounds or within the audible
vicinity. All MSF guards were on duty and MSF was in complete control of the compound.
All of the MSF staff reported that the no weapons policy was respected in the Trauma
Centre. 11 In the week prior to the airstrikes, the ban of weapons inside the MSF hospital in
8
On Friday, fighting in the area around the hospital significantly reduced, allowing MSF staff to go onto the roof
with less fear of stray bullets
9
MSF provided these details on Wednesday 30 September
10
According to MSF policy, one caretaker was allowed per patient in the hospital.
11
Since the KTC opened, there were some rare exceptions when a patient was brought to the hospital in a critical
condition and the gate was opened to allow the patient to be delivered to the emergency room without those
transporting the patient being first searched. In each of these instances, the breach of the no weapon policy was
rapidly rectified.
Publicly released 5 November 2015
Kunduz was strictly implemented and controlled at all times and all MSF staff positively
reported in their debriefing on the Taliban and Afghan army compliance with the no-weapon
policy.
From all MSF accounts, there was no shooting from or around the Trauma Centre and the
compound was in full MSF control with our rules and procedures fully respected.
Medical data from 28 September to 2 October
From 28 September to 2 October, MSF had on average 117 patients per day hospitalised in
the Trauma Centre. MSF medical statistics for the period consist primarily of patients
suffering from violence-related injuries.
In only 6 days, from 28 September to 2 October 2015, MSF treated 376 patients in the ER.
The number that were categorised as red or black demonstrates the severity of the cases
received. 12 On 28 September, 32% were red or black cases. This increased to 53% on 29
September, decreased to 35% on 30 September and increased again to 50% on 1 October. On
2 October, the percentage had dropped to 26%.
In the months preceding this period, the percentage of patients that could be classified as red
upon entering the ER averaged 5%. MSF staff explained the severity of cases the week
preceding the airstrikes was due to serious injuries from the fighting, as well as typically only
the most critical cases taking the risk of travelling in the midst of the conflict in search of
medical care.
Out of the total of 376 patients treated in the ER during 6 days, 11% were women and 16%
were children under the age of 15. MSF performed 138 surgeries during this period. Twentynine per cent of the surgeries conducted in the operating theatres (OT) in the week before the
airstrike were laparotomies 13
12
Red indicates that the patient requires immediate emergency medical care; black indicates that the patient is
already dead or has died upon arrival. These colours, also including green and yellow, are attributed to each patient
in the ER based on the South African Triage System (SATS)
13
A laparotomy is an emergency life-saving abdominal surgery
14
As of 28 September, 2 ICRC medical staff were supporting medical activities in KTC. At the time of the attack,
1 of the 2 staff were present in the hospital. 140 MSF staff were present in the hospital compound, while around
80 were on duty that night.
7
Publicly released 5 November 2015
15
All times are local time in Afghanistan (GMT+4:30)
Publicly released 5 November 2015
When the first airstrikes hit the main hospital building, two of the three operating theatres
were in use. Three international and twenty-three national MSF staff were caring for patients
or performing surgeries in this same main building. There were eight patients in the ICU and
six patients in the area of the operating theatres.
Those who survived the US airstrikes were direct witnesses of the attack from the different
locations inside the MSF compound.
MSF staff recall that the first room to be hit was the ICU, where MSF staff were caring for a
number of immobile patients, some of whom were on ventilators. Two children were in the
ICU. MSF staff were attending to these critical patients in the ICU at the time of the attack
and were directly killed in the first airstrikes or in the fire that subsequently engulfed the
building. Immobile patients in the ICU burned in their beds.
After hitting the ICU, the airstrikes then continued from the east to west end of the main
hospital building. The ICU, archive, laboratory, ER, x-ray, outpatient department, mental
health and physiotherapy departments as well as the operating theatres were all destroyed in
this wave after wave of strikes.
After the first strike, MSF medical teams working in the operating theatres ran out of the OT
and sought shelter in the sterilisation room. The two patients on the operating table in the OTs
were killed in the airstrikes.
The MSF international staff members sleeping in the administrative building were woken up
by the sound of the first explosions. An MSF nurse arrived at the administrative building
covered from head to toe in debris and blood with his left arm hanging from a small piece of
tissue after having suffered a traumatic amputation in the blast. The MSF nurse was bleeding
from his left eye and oropharynx. Immediate treatment was provided in an attempt to stabilise
the nurse by the medical team in the administrative building.
Publicly released 5 November 2015
The airstrikes continued with many staff referring to a propeller plane, which could be heard
throughout. This sound is consistent with the reported AC-130 circling the MSF hospital.
Many of those interviewed describe massive explosions, sufficient to shake the ground. These
bigger explosions were most frequently described as coming in concentrated volleys. MSF
staff also described shooting coming from the plane.
Many staff describe seeing people being shot, most likely from the plane, as people tried to
flee the main hospital building that was being hit with each airstrike. Some accounts mention
shooting that appears to follow the movement of people on the run. MSF doctors and other
medical staff were shot while running to reach safety in a different part of the compound.
One MSF staff member described a patient in a wheelchair attempting to escape from the
inpatient department when he was killed by shrapnel from a blast. An MSF doctor suffered a
traumatic amputation to the leg in one of the blasts. He was later operated on by the MSF
team on a make-shift operating table on an office desk where he died. Other MSF staff
describe seeing people running while on fire and then falling unconscious on the ground. One
MSF staff was decapitated by shrapnel in the airstrikes.
Though it is clear from the staff debriefings and photos that the main hospital building was
the principal target of the attack, other locations within the MSF compound were also struck,
including in the southern area of the hospital compound where two unarmed MSF guards
were found dead as a result of shrapnel wounds.
10
Although the main building was principally targeted, as can be seen in the satellite image,
within this main building there were some rooms that were left largely untouched in the
airstrikes. This includes the eastern part of the OT wing, notably the sterilisation room in
which most of the team from the OTs had sought shelter immediately after the first strike.
Publicly released 5 November 2015
11
Not a single MSF staff member reported the presence of armed combatants or fighting in or
from the hospital compound prior to or during the airstrikes.
The US airstrikes stopped between approximately 3am and 3.13am.
The total number of dead from the attack is known to be at least 30, including: 10 known
patients, 13 known staff, and 7 more bodies that were burnt beyond recognition and are still
under the process of being identified (these bodies have been duly buried). One MSF staff
member and two patients who are still missing and presumed dead may be among the
unrecognisable bodies, but ongoing forensic examinations have not yet been concluded.
Included in these unrecognisable bodies could be caretakers that were accompanying patients.
These may not be the final numbers - additional human remains may also be found in the
rubble of the hospital.
After the US airstrikes (3 October) 16
When the airstrikes ended the MSF staff reported a chaotic scene of wounded arriving at the
administrative building with people in shock, vomiting and screaming.
From 3am to 4am many of the MSF staff remained in the areas of the hospital compound
where they had sought shelter. Other staff members were moving around the compound
looking for missing colleagues, notably the medical staff from the ICU, the OTs and the ER.
Immediately after the airstrikes, some of the MSF medical team began life-saving medical
interventions on the wounded. MSF staff collected what medical material they could and
converted one of the administrative rooms into a make-shift emergency room, performing
surgery on an office desk and a kitchen table. The medical team quickly tried to organise the
patients and to triage the critical from the non-critical patients. Patients in a critical condition
included MSF staff with traumatic amputation of the leg, open chest injury, and ruptured
abdominal blood vessel, amongst other injuries. MSF medical staff attempted to stop the
severe bleeding of some patients, treated shock due to hypovolaemia, inserted chest drains,
and provided treatment for pain management. At least two MSF staff died while being
operated on in the administrative building.
The MSF coordinator contacted ambulances from the Ministry of Public Health (MoPH)
provincial hospital in Kunduz city to collect the wounded.
The MoPH ambulance arrived at the Trauma Centre at approximately 5.45am. Several staff
reported that at the same time as the arrival of the ambulance, some Afghan Special Forces
entered the MSF hospital while others remained at the main gate.
The MoPH ambulance and MSF ambulance conducted two rounds of transferring patients to
the MoPH hospital. At the moment of transferring patients, the atmosphere was chaotic as
there were a large number of patients to be transferred and Afghan Special Forces had just
arrived at the hospital amidst ongoing clashes in the area outside of the hospital compound.
Some Afghan Special Forces started to search for Taliban patients in the MoPH and MSF
ambulance on leaving the hospital. At approximately 6am, an ambulance was caught in the
crossfire while exiting the main gate of the Trauma Centre. Bullet impacts are visible on the
car.
16
From within the hospital it was not possible for the team to have determined that the airstrikes were conducted
by the US. However, this has been subsequently admitted by the US government and military representatives in
public.
Publicly released 5 November 2015
12
At between 7.30am and 8am, all MSF international staff and the ICRC delegate were
evacuated to the airport. The Afghan National Army proposed that the MSF team be
transported within their military vehicles. The MSF team preferred to travel to the airport in
an identified MSF vehicle. The decision was taken for MSF to use its own vehicle and for the
Afghan National Army to drive in front of and behind the MSF vehicle.
At approximately 8.30am, MSF staff remaining in the Trauma Centre report that fighting
broke out again in front of the KTC main gate. The fighting forced those remaining in the
hospital to hide in the basement for an additional one hour.
Since 3 October, the hospital has remained closed following the destruction by US airstrikes.
Initial conclusions
MSF can conclude the following points, based on the facts reviewed in this initial overview of
events before, during and immediately after the US airstrikes on 3 October 2015:
The agreement to respect the neutrality of our medical facility based on the applicable
sections of International Humanitarian Law was fully in place and agreed with all parties
to the conflict prior to the attack.
The KTC was fully functioning as a hospital with 105 patients admitted and surgeries
ongoing at the time of the airstrikes
The MSF rules in the hospital were implemented and respected, including the no
weapon policy and MSF was in full control of the hospital at the time of the airstrikes
There were no armed combatants within the hospital compound and there was no fighting
from or in the direct vicinity of the KTC at the time of the airstrikes
The GPS coordinates provided to all armed groups were accurate and MSF teams in
Kabul and New York made the relevant contacts to alert the parties to the conflict of the
airstrikes.
Based on these conclusions, there is an urgent need for a widely agreed upon and
unambiguous recognition of the practical rules under which hospitals operate in conflict
zones. This means:
A functioning hospital caring for patients, such as the one in Kunduz, cannot simply lose
its protection and be attacked
Wounded combatants must be treated without discrimination and cannot be attacked
Medical staff cannot be punished or attacked for providing treatment to wounded
combatants.
13