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Academia forțelor terestre “Nicolae

BALCESCU ’’ SIBIU
Facultatea de Științe Militare

The conflict in Afghanistan 2001

The law of armed conflict

ÎNTOCMIT

W.O Bîlbîie Mădălin

Std Franculetu Octavian

ÎNDRUMATOR

GUTAN SABIN
1. The history of conflict

Afghanistan War is a international conflict beginning in 2001 that was


triggered by the September 11 attacks and consisted of three phases. The first
phase—toppling the Taliban (the ultraconservative political and religious faction
that ruled Afghanistan and provided sanctuary for al-Qaeda, perpetrators of the
September 11 attacks)—was brief, lasting just two months.

The second phase, from 2002 until 2008, was marked by a U.S  strategy of
defeating the Taliban militarily and rebuilding core institutions of the Afghan state.
The third phase, a turn to classic counterinsurgency doctrine, began in 2008 and
accelerated with U.S. Pres. Barack Obama ’s 2009 decision to temporarily increase
the U.S. troop presence in Afghanistan.

The larger force was used to implement a strategy of protecting the population
from Taliban attacks and supporting efforts to reintegrate insurgents into Afghan
society. The strategy came coupled with a timetable for the withdrawal of the
foreign forces from Afghanistan; beginning in 2011, security responsibilities
would be gradually handed over to the Afghan military and police.

The new approach largely failed to achieve its aims. Insurgent attacks and
civilian casualties remained stubbornly high, while many of the Afghan military
and police units taking over security duties appeared to be ill-prepared to hold off
the Taliban.

By the time the U.S. and NATO  combat mission formally ended in December
2014, the 13-year Afghanistan War had become the longest war ever fought by the
Unites States .
The campaign in Afghanistan started covertly on September 26, with a
CENTRAL INTELLIGENCE AGENCY (CIA) team known as Jawbreaker
arriving in the country and, working with anti-Taliban allies, initiating a strategy
for overthrowing the regime. U.S. officials hoped that by partnering with the
Afghans they could avoid deploying  a large force to Afghanistan.

Pentagon officials were especially concerned that the United States not be drawn
into a protracted occupation of Afghanistan, as had occurred with the Soviets more
than two decades prior.

The United States relied primarily on the Northen Alliance , which had just lost
Massoud but had regrouped under other commanders, including Tajik leader
Mohammed Fahim and Abdul Rashid Dostum, an Uzbeck. The Americans also
teamed with anti-Taliban Pashtun in southern Afghanistan, including a little-
known tribal leader named Hamid Karzai.

2. Subjected involved

The main subjects involved in this conflict were the US Army and the British
Army against Aqaeda groups in response to the September 11 attacks in the United
States.
Al-Qaeda was created in 1988 by Osama bin Laden, along with Abdullah
Azam, Mohammed Ataf and Ayman al-Zauahiri, former no. 2 in Jihad in Egypt. In
August 1996, Bin Laden released his famous "declaration of war" against the
United States.

Ironically, in the early 1980s, the United States supported and financed him
in his guerrilla struggle in Afghanistan against the Soviet Red Army, which had
invaded the country. Still led by Bin Laden, al-Qaeda has been involved in actions
in Algeria and Egypt, and several of its European branches are run by members of
the Egyptian jihad.

3. Types of conflicts
Between March 2 and 16, 2002, the Operation took place Anaconda, the first
major operation in Afghanistan in which conventional forces were used together
with the Afghan ones. After this operation began the long guerrilla warfare by the
Taliban to this day. Mode of action main role of the Taliban during the insurgency
of was as follows:

 Retired leader in the tribal area in Pakistan set the priority direction for
action in the winter ,which they communicated secondary leaders before the
annual oncet of the ,,spring offensive ” ,as they gattered funds needed to
carry out the actions and launched propaganda campaigns to continue
JIHAD ( a real global war , a threat of large proportions and of a completely
different nature than that of classical or nuclear threats up new).1
 Leders tertiary organized supervision future objectives and preparation for
attack, on who sometimes led them personally.
 Team leader and fighters executed ,,hit and run” harassment attacks directly
and indirectly or complexly coordinated in view material loss or damage ,but
and for propaganda or erosion purposes the confidence of the population in
the capacity of the authorities to ensure their protection .

Of course, in addition to the fight they were fighting with "invading" forces,
the Taliban continued and the fight between them, not a few cases in which they
"sold" or even killed their opponents to take their place.

But they did the same thing Afghan local government representatives, some
among the most corrupt in the world, but also the other “lords of war ”involved in
drug trafficking or in organized crime who, in turn, wanted a formal, but especially
informal, recognition their power.Certainly those who had the most much to lose in
th is war were the locals, everyone fighting on their behalf, but not for They.

From a strategic point of view ,the victory of long belonged to the Taliban
because the forces failed to win ,,the heartand the mind ’’ of the locals who still
looked at them as invaders unable to understaind their needs and provide them
whith the promised security and well- being.
In parallel whith military operations ,starting whith January 2006, ISAF’s
tactics changed to gain the support of the population.That’s how they came about
The Provincial Reconstruction Teams that had an important role in the
development of Afghanistan , despite allegations of undermining the authorities of
Afghan.
1
Dan Sandu, Conceptia despre Jihad în Islamul classic si modern,Editura Universității Naționale de Apărare ,,Carol
I” București 2007,p 4.
4.Aplicable threates

From cross-border trade, to membership in international organizations, to


peace treaties, and to war, Afghanistan has benefited from and been regulated by
international law.

As an importer and exporter of goods, Afghanistan has signed commercial


treaties and followed international norms that regulate the trade of goods across its
borders and enable foreign investment. As a member of the General Assembly of
the United Nations, Afghanistan has a voice and has voted on key measures that
affect countries around the world.

Through the creation of the state of Afghanistan, Afghanistan has benefited


from peace-time treaties and norms that prohibit other countries from taking its
land. And, Afghanistan has known more than its share of conflict and war.

Yet even during these wars, international law has played an important role: it
was used to validate the presence of international security forces on Afghan land,
and it could lead to sanctions and trials for those who violated the Laws of War.

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