KUNDUZ, AFGHANISTAN ? Five days after the U.S. bombed a Doctors Without Borders hospital in Kunduz, Afghanistan, President Barack Obama offered an apology to the organization's president, Joanne Liu. He assured her that a transparent investigation is underway, but Liu isn't letting him off the hook that easy.

Liu wants the U.S. to "consent to an independent investigation by the International Humanitarian Fact-Finding Commission." Neither the U.S. nor Afghanistan are among the 76 countries that recognize the IHFFC, which was founded in 1991 but has never been used.

One of the requirements for an investigation is recognition from the country that's being investigated. So while the U.S. may have said "sorry" to Doctors Without Borders, we may never get an independent explanation for why the U.S. chain of command decided to bomb them without warning.

So was this a war crime? Attacking a protected civilian hospital without due warning sounds like a war crime. Even if the U.S. argues that its actions were in self-defense, it didn't warn the medical staff. Could there have been another reason the hospital was targeted?

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