Experts argue there are two claims under international law that might justify an operation inside Pakistan by the Afghan National Army. One is a country's "right of hot pursuit." Another justification is a country's right to self-defense.
Last week, Karzai insisted that his country has the right to chase Taliban fighters who flee into Pakistan's tribal regions after they carry out attacks in Afghanistan.
"Afghanistan has the right of self-defense. When [insurgents] cross the territory from Pakistan to come and kill Afghans and to kill coalition troops, it exactly gives us the right to go back and do the same," Karzai said.
Karzai said Afghan forces would kill specific Taliban leaders in Pakistan's tribal regions who are accused of planning and organizing cross-border attacks into Afghanistan.
Islamabad has condemned Karzai's remarks as "irresponsible," saying any incursion by Afghan forces would violate Pakistan's sovereignty and territorial integrity.
Pakistani Foreign Minister Shah Mehmood Qureshi described Karzai's threat as "illegal" under international law, saying the only way to combat extremism in the border region is by noninterference in each others' internal affairs.
Kurdish Parallel
In Kabul, political analysts like Rashid Waziri are arguing that Afghanistan does have a legal right to attack and kill militants in the tribal regions if Pakistan fails to stop them.
"We have the right to strike our enemies inside Pakistan or its tribal territories. The Turkish government gave itself the right to bomb and target Kurdish rebels in northern Iraq and to eliminate their bases. So this is an international right. And everybody can benefit from it," Waziri said.
But Jim Denselow, an expert on defense issues at Kings College London, says there is no valid legal comparison between the Afghan-Pakistan crisis and Turkish incursions into northern Iraq.
"The key difference is that Turkey is justifying its actions in northern Iraq along the lines of previous agreements it had with Saddam Hussein's regime. [Those agreements were] in terms of the 'right of hot pursuit' of Kurdish rebels into Iraqi territory -- which, of course, hasn't been sovereign Iraqi territory since 1991 when the no-fly zones were created and the autonomous entity, which is the Kurdish regional government, was essentially born," Denselow said.
"So that's a very specific case. A very unique case of a bilateral agreement between two countries, one of which wasn't even totally sovereign. And, of course, [there is] the fact that Turkey is an incredibly strong power vis-a-vis a weakening Iraqi one."
In addition to Turkey, the right to "hot pursuit" has been raised by Colombia to justify air strikes against FARC rebels fleeing into neighboring Ecuador. Israel has used the same argument to justify military incursions into the Gaza Strip. And in 2000, the Democratic Republic of the Congo and Uganda approached the International Court of Justice over the issue when the Ugandan Army claimed the right of "hot pursuit" for its forces to go after militants in Congo.
Law Of 'Hot Pursuit'
Nick Grono, the deputy president of operations for the International Crisis Group think tank, agrees that those cases differ from Afghanistan's situation and that the doctrine of "hot pursuit" probably isn't applicable for Afghan incursions into Pakistan.
Grono notes that "hot pursuit" is a concept under international law that originated out of the laws of the sea.
On land, he tells RFE/RL, the right to "hot pursuit" has evolved and been recognized under international law as the chasing of armed aggressors across international borders.
"I don't think this is a case of 'hot pursuit' that we are talking about [in Pakistan's tribal regions]. Historically, [it] means you are pursuing a fugitive. The doctrine of hot pursuit comes from the law of the sea. And it used to be chasing a fleeing ship, for instance, or chasing someone who retreated into another country," Grono says.
"The conditions applying to hot pursuit are pretty restrictive," he continues. "That doesn't appear to be what Karzai was talking about. He was talking not so much about pursuing someone as going across the border to hit Taliban leaders who are enjoying safe haven in Pakistan. I suspect that what he was looking at was more a case of preemptive self-defense."
International law on a country's right to self-defense stems from Article 51 of the UN Charter and decisions made by the International Court of Justice.
"There is a provision under international law for self defense," Grono says. "The way it works under international law is that there is a right of preventive self-defense if there is a very immediate threat -- and it is an overwhelming threat -- and if the only possible response is to strike first."
Legal scholars in the U.S. military have had studies published by the U.S. Defense Department that explore the legalities of antiterrorism operations under both the doctrines of "hot pursuit" and self-defense.
Those studies note that other legal justifications for the use of cross-border military force include invitation, peace-time reprisals, protection of a country's own citizens, and humanitarian intervention.
Ultimately, military incursions must be consistent with international law -- as defined by the International Court of Justice. Otherwise, as one study published in 1989 by the U.S. Department of Defense concludes, "those acting to preserve the rule of law in the face of terrorist threats will become indistinguishable from the evils" they seek to prevent.
33 posts tagged “afghanistan 2008”
GOOD NEWS!!!
The 173rd has begun to redeploy. I've already posted about that here and here. In the coming weeks the remainder of the Brigade's Battalions will redeploy to Italy and Germany. Now that deserves a resounding HOOOOOOOAH!!!!
Great job Soldiers! Great job! It's been more than an honor to support the 2/503 Battalion during this 15 month long mission. It was impossible some days to deal with not being able to support the entire Brigade. We may not have sent you care packages but you were ALL always in our thoughts and prayers. We are grateful for EVERY one of you. You've all been through hell and back but you know that better than I. For those who I have gotten to know via email - THANK YOU for sharing precious moments with me on-line. I know communication was more than difficult most days and nights. Thank you for letting me get to know about you and your families. I can only hope to have the opportunity to meet you one day. Regardless, always know how PROUD I am of ALL of you.
The losses have been great. Some have been personal even to me. I will continue to honor and remember all of those who gave their lives in service to our great nation on this deployment. May their families know that I remember them by name and not by a number. I cannot begin to imagine your depth of loss. But know that your men gave their all with dignity, honor and conviction. May they all rest in peace forever.
AND IN OTHER NEWS
The 6/4 Cav out of Ft. Hood, TX (part of The 1st Infantry Division's 3rd Brigade Combat Team) cased its colors on 17 June 2008 as they began their deployment to replace part of the 173rd ABCT. From the Killeen Daily Herald:
The 1st Infantry Division's 3rd Brigade Combat Team has brought several firsts to Fort Hood: the first light infantry unit to grace the post's heavy stomping grounds and the first full brigade to deploy to Afghanistan from Central Texas.
And...
"We are going to where the war started, where the Taliban and al-Qaida still contest against us on a daily basis," he (Col. John M. Spiszer, the brigade's commander) said. "Our actions will continue to ensure that they cannot bring the fight here and that they cannot continue to prevent progress, peace and stability in Afghanistan."
A dear friend of mine (who chooses to remain annonymous) and I had the great honor of going to Ft. Hood to meet with the 6/4 Cav First Command Team (not all present in the following photo).
My friend and I are going to be working to "rally the civilian troops" to get support over to these Warriors. If anyone's interested drop me an email at tankerbabelc@gmail.com. The majority of the Soldiers in this unit are single so we're going to need lots of letter writers and care package support. We've already begun working with the FRGs on Christmas "stockings" that will be filled with lots of goodies for each Soldier.
BE SAFE WARRIORS. You will be in our thoughts and prayers.
Last week, Karzai insisted that his country has the right to chase Taliban fighters who flee into Pakistan's tribal regions after they carry out attacks in Afghanistan.
"Afghanistan has the right of self-defense. When [insurgents] cross the territory from Pakistan to come and kill Afghans and to kill coalition troops, it exactly gives us the right to go back and do the same," Karzai said.
I'm not going to hold my breath - after all these are just words - but...one can hope, right?
From RadioFreeEurope
By Ron Synovitz
Afghan President Hamid Karzai's threat to send troops after Taliban militants in neighboring Pakistan has kindled debate about cross-border military incursions and international law.
Well DUH! Perhaps it's way past time for Pakistan to exercise control of their wild, wild northwestern front...OR stop bitching about us crossing their border in order to get the bad guys.
From Reuters
Militants torch Pakistani ski resort hotel: police
From LA Times - I suppose this would be more of a "news" story if more Americans even KNEW about our troops being in Afghanistan.
Afghanistan attacks up 40% in east, Pentagon says
By Peter Spiegel and Julian E. Barnes, Los Angeles Times Staff Writers
June 25, 2008
WASHINGTON -- Insurgent activity is increasing sharply in Afghanistan and has spread into once stable areas, with attacks up almost 40% in the eastern provinces alone, according to new American military data that have prompted alarm among senior Pentagon officials.
Rising attacks against Afghan and NATO troops in the east represent the latest in a series of troubling developments that have led to markedly higher U.S. casualties and have prompted the military's top leadership to order a review of its strategy in Afghanistan, including how to make do with limited numbers of American troops. Any significant troop increase in Afghanistan would be dependent on future force drawdowns in Iraq.
The new data, disclosed by Army Maj. Gen. Jeffrey J. Schloesser at a Pentagon news conference Tuesday, covered the first five months of the year in an area of Afghanistan that senior Pentagon officials, including Defense Secretary Robert M. Gates, have repeatedly cited as a success story. A similar assessment presented by Schloesser to top Pentagon brass in recent weeks about attacks by Islamic extremist groups sent shudders through the department, a senior military officer said.
Schloesser, the recently appointed U.S. commander in eastern Afghanistan, said attacks in the region adjacent to largely lawless areas of Pakistan are also becoming increasingly sophisticated, and blamed them for a growing number of casualties. So far this year, 50 Americans have been killed in combat in Afghanistan, compared with 28 killed through the end of June last year.
In Iraq, the trend is just the reverse. So far this year, the U.S. has suffered 207 military deaths in Iraq, compared with 576 through the end of June last year, according to the website icasualties.org.
"Folks at all levels are really taking a hard look at those statistics and saying, 'What are they telling us?' " said the senior military officer, who spoke on condition of anonymity because he was not authorized to talk publicly on Afghanistan strategy. "And, more importantly, what action is appropriate to take?"
The troubling numbers, including two new NATO troop deaths Tuesday, come after a period of increasing distress on the part of military officials about the deterioration of security in Afghanistan, where the Taliban regime, which had harbored Al Qaeda, was ousted by U.S.-led forces in late 2001. Navy Adm. Michael G. Mullen, chairman of the Joint Chiefs of Staff, has spent time attempting to refocus the Pentagon's and Capitol Hill's attention on the Afghanistan war.
Mullen has repeatedly expressed frustration that NATO allies have not provided the numbers of troops needed to wage a complex counterinsurgency campaign. He also has expressed concern that the U.S., with continuing heavy commitments in Iraq, does not have enough combat-ready troops to fill the gap. Commanders believe that three brigades, or about 10,000 troops, are necessary.
"Violence is up this year by every single measure we look at," Mullen told members of his staff at a public meeting Monday, noting the spread of roadside bombs known as improvised explosive devices. "The Taliban, by and large, have moved -- not unlike what happened in Iraq -- to the asymmetric, IED-style warfare."
As part of his effort to rethink the Afghanistan mission, Mullen has asked military planners to develop new strategies for deploying additional American troops should they become available.
The remainder of the article can be read here. If reading it makes you as frustrated as it did me well, then, I guess we'll all continue to be frustrated. At least, perhaps, until we have that new "guy" in charge of CENTCOM.
From MSNBC - an article reporting several different "events" in Afghanistan. About two thirds of the way down the article I found this:
"In the remote northeastern province of Nuristan, police said foreign and Afghan troops had been battling rebels in the mountains north of the main town of Kamdesh for three days.
Ghulam Farooq, the deputy provincial police chief, said four militants were killed on Monday.
Perry reported four separate clashes in the area early Sunday. NATO troops exchanged fire with insurgents and called in air support, he said. Reports indicate "several" militants died, he said."
Guess that deserves a big HOOAH to the Sky Soldiers and their ANA partners.
From International Herald-Tribune, Asia-Pacific
From Afghanistan, NATO shells militants in Pakistan
Published: June 23, 2008
KABUL, Afghanistan: NATO forces in Afghanistan shelled guerrillas in Pakistan in two separate episodes on Sunday, as escalating insurgent violence appeared to be eroding the alliance's restraint along the border.
NATO officials said they had retaliated against rocket and artillery attacks launched by militants from sanctuaries across the border in Pakistan, where they operate freely. The insurgents' attacks, launched into Khost and Paktika Provinces, killed four Afghan civilians, at least two of them children, Afghan and NATO officials said. Casualty figures for Pakistan were not available.
The firing by NATO forces into Pakistani territory followed an American airstrike on a Pakistani border post earlier this month that killed 11 Pakistani soldiers. The Pakistani government denounced the strike, and the American government expressed regret, but it is still not entirely clear what happened.
Relations between the governments of Pakistan and Afghanistan were already extraordinarily tense. American and Afghan officials say the surging violence in Afghanistan is in large part caused by the sanctuaries that militants enjoy in Pakistan. Hundreds, perhaps thousands, have assembled in Pakistan, most of them in the area along the remote and mountainous frontier where the government exercises no authority.
In those sanctuaries, the militants are free to train, regroup and plan new attacks in Afghanistan. American and NATO commanders have expressed frustration at the violence caused by the militants who cross from Pakistan, but they have so far been refused permission to conduct military operations there.
Read the rest of the story here.
My comments - I recently had the privilege of attending the week-long National Security Seminar at the US Army War College (post to come soon, I hope). I had a Brigadier General from the Pakistani Army in my Seminar Group. There was a discussion about US and NATO "incursions into Pakistan from Afghanistan. I'll cut to the chase. The Pakistani BG explained about the region of Pakistan bordering northeastern Afghanistan being and area that the Pakistani government doesn't control; that it is a region left to the local tribes. I had NO IDEA until he mentioned it but it sure did, as Ricky Ricardo would say, 'splain a lot. So it was interesting to me to read in this article the quote that ended "...most of them in the area along the remote and mountainous frontier where the government exercises no authority." Our American and Coalition forces CANNOT continue to have their hands tied in this area. I say God Bless the 173rd and any others who are "sending the message" across the border via rockets. It's a WAR people - not a block party. The content of this article should be enough to convince anyone with a brain that the bad guys are in that "uncontrolled" area and must be dealt with.
I'm not a military expert and I certainly don't have access to classified information but I do know that the Pakistani Army is in that area. And I do know that it is sad that 11 of their men were killed in a recent bombing that resulted from smalls arms fire and mortars from inside Pakistan being shot at OUR US Army personnel. I'm told their was a break down in communication within the Pakistani Army. Regardless, if we don't get a handle on that region inside Pakistan we will NEVER finish the job in northeastern Afghanistan. We've had too many of our great American Warriors give their lives in that region for us to back off now.
Give 'em hell Sky Soldiers! Give 'em hell!
'Jingle Air' Supplies Isolated Soldiers
By Army Sgt. Charles Brice
Special to American Forces Press Service
FORWARD OPERATING BASE SALERNO, Afghanistan, June 23, 2008 - Imagine being a soldier out on the border of eastern Afghanistan and your only connection to the rest of the world is a pallet of supplies on the back of a foreign helicopter. That is what it is like for coalition forces cut off and isolated throughout parts of Afghanistan.
With the troops focused on combat missions, the Mesopotamia Group created "Jingle Air" to move cargo in and out of hard-to-reach locations.
Jingle Air offers helicopter services throughout Afghanistan.
The name comes from Afghanistan's popular culture. People often decorate with colors, ornaments, bells and paintings just about anything they posses, including their transportation. The trucks of Afghanistan are the most ornamented of all.
"Jingle Air is a key logistic enabler, which allows 4th Brigade, Currahee Combat Team to conduct counterinsurgency operations in an area roughly the size of West Virginia," said Army Maj. Jon Beale of 801st Brigade Support Battalion, 4th Brigade Combat Team, and Combined Task Force Currahee.
With a fleet of Mi-8 HIP heavy-duty helicopters and five flight teams, Jingle Air can move up to 3.2 million pounds of cargo throughout Afghanistan, said Army Capt. James E. Fager, officer in charge of transportation and logistical operations for 801st BSB in Forward Operating Base Sharana, Afghanistan.
"Jingle Air's track record speaks for itself," said Fager, who explained the crew has conducted 20 emergency resupply missions in conjunction with supporting many areas of operations. Last month alone, Jingle Air moved 1.53 million pounds of cargo to troops out in the field and to forward operating bases throughout Afghanistan.
"The pilots of Jingle Air are very motivated to fly, and they take a personal interest in making sure the operations go well," Fager said.
Jingle Air pilots hail from different countries and nationalities. Still, they all work together toward a common goal: to ensure the cargo gets to its destination.
"Jingle Air is a force multiplier, and it allows us to move much-needed supplies and equipment," Fager said.
(Army Sgt. Charles Brice serves with the 382nd Public Affairs Detachment.)
From Defense Link
A Big HOOAH to these military personnel for helping to get supplies in to the Korengal, Pech and other valleys our 173rd Infantry Airborne Soldiers are serving in right now.
Low-Altitude Delivery Service Takes Supplies to Ground TroopsBy Army Sgt. Charles BriceSpecial to American Forces Press Service |
| FORWARD OPERATING BASE SALERNO, Afghanistan, June 18, 2008 – The jumpmaster stands in the back of a turbo-prop cargo airliner with a nervously rumbling stomach, holding on to a few pallets of supplies that soon would be dropped to soldiers in an isolated region of eastern Afghanistan. The flight doors begin to open, and the pilot performs jaw-dropping maneuvers through the mountain valleys. Members of the “speedball” aircrew say that’s how it feels when a person steps into their world, the realm of low-cost, low-altitude aerial delivery services, or LCLA. The operations can resupply platoon-sized units during missions when the means of normal sustainment delivery are impossible due to the factors of mission, enemy, terrain, troops, time available and civilian concerns. “The outcome of the mission is to save lives and to get the soldiers what they need,” said John Hazzard, a contracted civilian loadmaster. Before any mission begins, the 801st Brigade Support Battalion plans and operations section briefs the aircrew on weather, terrain and enemy threats. During flight to the drop zone, the jumpmasters verify that the loads are hooked properly to the anchor line cable and prepared for delivery. As the aircraft approaches the drop zone, the jumpmaster team positions the bundles to be dropped by pushing them onto the ramp of the aircraft. Two members then hold the bundles in place while the other two prepare to push the loads, while the pilots maneuver into position. In the meantime, the loadmaster keeps track of the pilots, calling out 30- and 10-second warnings and then “Execute.” Upon that command, the jumpmaster team pushes the rear bundle along the roller system out of the plane. Once the supplies are dropped, the pilots fly the aircraft out of the valley. “It’s a wild ride for the best cause: supporting the soldiers,” said Army Sgt. Michael A. Ivey, Company C, 801st BSB, who also is a combat medic. “It’s really a good way to get supplies to remote areas of the country, so that soldiers aren’t exposed to the hazards of the roads.” This delivery system was designed to work for troops who need supplies that aren’t readily available through normal means of distribution, said Lt. Col. Michael Peterman, 782nd BSB, Combined Joint Task Force Fury commander. Peterman originally put the LCLA services in place. “If you have never seen LCLA firsthand, you would not understand the true disposable nature of this system,” he said. (Army Sgt. Charles Brice serves with the 102nd Mobile Public Affairs Detachment.) |
From Defenselink - TISSUE ALERT!
U.S. Special Forces Aid Dying Afghan BoyBy Army Sgt. Lynne SteelySpecial to American Forces Press Service |
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BAGRAM AIR BASE, Afghanistan, June 17, 2008 – Jaweed Noor said he was tired but appeared to be in good spirits when he arrived at Craig Joint Theater Hospital here June 9.
The 10-year-old Afghan boy, escorted by his father, Ahmad, and a U.S. Special Forces soldier, was flown to the facility for tests after Afghan and coalition forces medics diagnosed a tumor on his upper arm. The ordeal began several months ago. Ahmad sold much of his land, seeking the help of numerous physicians and travelling as far as Pakistan for help. Ahmad’s every effort was denied.“No one could help him,” Ahmad said of his son. When Ahmad heard about the coalition clinic, he immediately sought help there. The doctors at the Bagram facility weren’t sure if they could help Jaweed, but they were more than willing to try. Unfortunately, just as clinic medics had suspected, U.S. doctors diagnosed Jaweed with Ewing’s sarcoma, a rare and aggressive cancer most commonly found in young males between the ages of 10 and 20. Further tests revealed that Jaweed’s cancer had aggressively invaded his chest cavity, and his prognosis was grim. “He has about three to four months left,” said Army Lt. Col. (Dr.) Andrew Landers, who recently became involved with the case and who coordinated the boy’s movement to Bagram. Upon learning of Jaweed’s tragic fate, Special Forces soldiers collected donations and presented him with a portable DVD player, because Jaweed said that he loves to watch movies. “He didn’t talk or eat much when he first arrived,” said one soldier, “but he has begun to open up to us.” When it was time for Jaweed to return home, his new American friends sent him off with an elaborate fanfare. Several events were held in Jaweed’s honor, including a special showing of his favorite American movie. Soldiers collected other donations for the family, including clothes, food and movies, and presented them prior to his departure. “We want to make him as happy as possible throughout his last days,” Landers said. Jaweed was flown aboard a U.S. aircraft, along with his new gifts, to spend his final days with his family. “We don’t understand Americans,” Ahmad said before departing. “We have yet to understand how compassionate Americans are -- how they want to help the Afghan people. When I go back, I’m sure to call my village together and tell them how they are here to help and [that] we should openly embrace them.” Coalition medics will remain in contact with Jaweed and his family and continue to care for him throughout his ordeal. (Army Sgt. Lynne Steely serves with the Combined Joint Special Operations Task Force Public Affairs Office.) |
