The lack of legality in the US-led invasion of Afghanistan – The Guardian
US marines on patrol in a poppy field in Helmand province, Afghanistan, in 2010. Photograph: Patrick Baz/AFP/Getty Images
Was the 2001 US-led invasion and subsequent ongoing occupation of Afghanistan never an illegal war, as the Guardian asserts (Editorial, 23 August)?
Written in 2010, the official House of Commons Library briefing paper on the subject makes interesting reading: The military campaign in Afghanistan was not specifically mandated by the UN, but was widely (although not universally) perceived to be a legitimate form of self-defence under the UN charter.
The paper goes on to explain that article 2(4) of the UN Charter prohibits the threat or use of force against the territorial integrity or political independence of any state. The accepted exceptions to this are when the security council authorises military action or when it is in self-defence under article 51 of the charter.
Writing a month into the invasion, Marjorie Cohn, a professor of law at Californias Thomas Jefferson School of Law and a former president of the US National Lawyers Guild, described the US and British attack as a patently illegal use of armed force. The bombing was not a legitimate form of self-defence under article 51 for two reasons, according to Cohn.
First, the attacks in New York and Washington DC were criminal attacks, not armed attacks by another state. Second, there was not an imminent threat of an armed attack on the US after September 11, or the US would not have waited three weeks before initiating its bombing campaign. Ian Sinclair London
Donald Trump declares that he will win the Afghan war that you say is both unwinnable and unlosable. If the war is to continue indefinitely, then the world faces a miserable future, because the war on terror is one of the main drivers of Islamic terrorism.
But there is a way of bringing the misery to an end. To win a war we need to win the hearts and minds of the people. We cannot do this while the most valuable crop they are growing is illegal. Afghanistans economy is now heavily dependent on opium, and at present the trade is run by the Taliban, who are sustained by its profits, and export it to feed addiction and crime in the west. The illicit opium trade is one factor in the endemic corruption that is holding the country back. Meanwhile, about 6 million Africans die of cancer each year, their agony unrelieved by morphine or heroin.
Five problems, one solution. Buy the opium crop from the Afghan farmers, medicalise it, and use it in Africa. Everyone benefits, except the Taliban and the drug barons.
When asked why this is not done, the stock government reply is that some of the medical morphine might leak on to the drugs market.
So sad, as Trump would say. Dr Richard Lawson Churchill, North Somerset
Join the debate email guardian.letters@theguardian.com
Read more Guardian letters click here to visit gu.com/letters
Go here to read the rest:
The lack of legality in the US-led invasion of Afghanistan - The Guardian
- ICC expresses sadness at the passing of Afghanistan umpire Bismillah Jan Shinwari - ICC - July 8th, 2025 [July 8th, 2025]
- UN adopts resolution on Afghanistan's Taliban rule over US objections - ABC News - Breaking News, Latest News and Videos - July 8th, 2025 [July 8th, 2025]
- Will Pakistan Be Next to Recognise Taliban Rule in Afghanistan After Russia? - Times Now - July 8th, 2025 [July 8th, 2025]
- Russia becomes first nation to recognize Taliban government of Afghanistan since 2021 takeover - CNN - July 8th, 2025 [July 8th, 2025]
- India abstains from UNGA resolution on Afghanistan, calls for coordinated global efforts against terrorism - News On AIR - - July 8th, 2025 [July 8th, 2025]
- Experts: Russia Recognizing Taliban Rule in Afghanistan Largely a Symbolic Move - The Moscow Times - July 8th, 2025 [July 8th, 2025]
- Pakistan warns UN of escalating terror threat from Afghanistan - Dawn - July 8th, 2025 [July 8th, 2025]
- Tourists are trickling into Afghanistan. The Taliban are eager to welcome them - The Seattle Times - July 6th, 2025 [July 6th, 2025]
- Troops kill 30 militants trying to get into Pakistan from Afghanistan - Euronews - July 6th, 2025 [July 6th, 2025]
- Trump News | 'Afghanistan Maybe The Most Embarrassing Moment In The History Of US': Donald Trump - NDTV - July 6th, 2025 [July 6th, 2025]
- Tourists are trickling into Afghanistan and the Taliban government is eager to welcome them - Pittsburgh Post-Gazette - July 6th, 2025 [July 6th, 2025]
- Afghanistan Emerges as a New Frontier for Adventure Tourism: A Blend of Promise and Challenges - Travel And Tour World - July 6th, 2025 [July 6th, 2025]
- Afghanistan: A Hidden Gem That Deserves to Be Seen Up Close - Vocal - July 6th, 2025 [July 6th, 2025]
- Russia Becomes First Nation To Recognize Taliban-Led Afghanistan - The Media Line - July 6th, 2025 [July 6th, 2025]
- Russia is the first country to recognise the Taliban government in Afghanistan - Commonspace.eu - July 6th, 2025 [July 6th, 2025]
- Russia Becomes First State to Recognise Taliban Government of Afghanistan - UNITED24 Media - July 6th, 2025 [July 6th, 2025]
- Russia becomes first country to officially recognise Taliban in Afghanistan - bne IntelliNews - July 6th, 2025 [July 6th, 2025]
- The Unexpected Consequences of War Between Iran and Israel on Afghanistan - The Diplomat Asia-Pacific Current Affairs Magazine - July 6th, 2025 [July 6th, 2025]
- Russia is the first country in the world to recognize the Taliban government in Afghanistan - - July 6th, 2025 [July 6th, 2025]
- Sanctioned Businessman With Kremlin Ties Returns To Afghanistan - - July 6th, 2025 [July 6th, 2025]
- Pak security forces kill 30 terrorists trying to infiltrate from Afghanistan - Deccan Herald - July 4th, 2025 [July 4th, 2025]
- Russia Becomes First Country to Recognize Afghanistans Taliban Government - The New York Times - July 4th, 2025 [July 4th, 2025]
- Russia Is First Country to Recognize Taliban Rule in Afghanistan - The Daily Beast - July 4th, 2025 [July 4th, 2025]
- Troops kill 30 militants attempting to sneak into Pakistan from Afghanistan - AP News - July 4th, 2025 [July 4th, 2025]
- Taliban praise Russias brave decision to recognise their rule in Afghanistan - The Guardian - July 4th, 2025 [July 4th, 2025]
- Russia becomes first country to recognise Afghanistan's Taliban government - France 24 - July 4th, 2025 [July 4th, 2025]
- News - Pace Thanks Troops in Afghanistan, Notes Signs of Progress - DVIDS - July 4th, 2025 [July 4th, 2025]
- Russia becomes the first country to formally recognize Talibans latest rule in Afghanistan - AP News - July 4th, 2025 [July 4th, 2025]
- Troops kill 30 militants attempting to sneak into Pakistan from Afghanistan - WRAL.com - July 4th, 2025 [July 4th, 2025]
- News - Army Reservist to Receive Silver Star for Heroism in Afghanistan - DVIDS - July 4th, 2025 [July 4th, 2025]
- Russia becomes first nation to formally recognize Taliban-led government in Afghanistan - LiveNOW from FOX - July 4th, 2025 [July 4th, 2025]
- Hillsdale veteran Greg Whalen reflects on Afghanistan withdrawal through his music - Hillsdale Daily News - July 4th, 2025 [July 4th, 2025]
- Russia Becomes 1st Country To Recognise Taliban Government Of Afghanistan - NDTV - July 4th, 2025 [July 4th, 2025]
- China Hails Russias Decision To Recognize Taliban Rule In Afghanistan; Will Beijing Follow Suit? - EurAsian Times - July 4th, 2025 [July 4th, 2025]
- Russia Becomes First Nation to Recognise Taliban Rule in Afghanistan - The Wire India - July 4th, 2025 [July 4th, 2025]
- Russia becomes first country to recognize Taliban government in Afghanistan - Trkiye Today - July 4th, 2025 [July 4th, 2025]
- Russia the first to recognise Taliban government in Afghanistan - BBC - July 4th, 2025 [July 4th, 2025]
- Russia becomes first country to recognise Taliban government of Afghanistan - The Indian Express - July 4th, 2025 [July 4th, 2025]
- Russia officially recognises the Islamic Emirate of Afghanistan - 5Pillars - July 4th, 2025 [July 4th, 2025]
- Russia First to Officially Recognize Taliban Government in Afghanistan - - July 4th, 2025 [July 4th, 2025]
- Russia becomes first nation to formally recognize Taliban rule in Afghanistan - all details here - Mint - July 4th, 2025 [July 4th, 2025]
- Pakistan army kills 30 militants trying to cross from Afghanistan: Here's all we know - WION - July 4th, 2025 [July 4th, 2025]
- Kremlin's new stance: Russia first to officially recognise Afghanistan's Taliban government; will foster - Times of India - July 4th, 2025 [July 4th, 2025]
- Tourists Are Trickling into Afghanistan and the Taliban Government Is Eager to Welcome Them - Military.com - July 2nd, 2025 [July 2nd, 2025]
- Afghanistan: First-Hand Accounts Expose Torture by Taliban Intelligence Services - World Organisation Against Torture | OMCT - July 2nd, 2025 [July 2nd, 2025]
- Flight to freedom: A pilot's journey from the fall of Afghanistan to fighting fires in America - Fairfield Sun Times - July 2nd, 2025 [July 2nd, 2025]
- Building crutches, walkers, and stretchers from scratch in Afghanistan - Doctors Without Borders - July 2nd, 2025 [July 2nd, 2025]
- Russia to host seventh round of Moscow Format talks on Afghanistan this fall - Amu TV - July 2nd, 2025 [July 2nd, 2025]
- Earthquake of magnitude 3.9 strikes Afghanistan; third since June 28 - Business Standard - July 2nd, 2025 [July 2nd, 2025]
- US Travelers Join The Surge In Foreign Visitors To Afghanistan, With The Taliban Government Eager To Capitalize On Tourism For Economic Revival -... - July 2nd, 2025 [July 2nd, 2025]
- Tourists are trickling into Afghanistan and the Taliban government is eager to welcome them - dailyrecordnews.com - July 2nd, 2025 [July 2nd, 2025]
- Afghanistan: Surging returns from Iran overwhelm fragile support systemsThe European Sting is Your democratic, independent and top quality political... - July 2nd, 2025 [July 2nd, 2025]
- Hengaw Organization for Human Rights: 40 Citizens of Afghanistan Executed in Iran Over the Past Six Months - Hasht-e Subh Daily - July 2nd, 2025 [July 2nd, 2025]
- Heavy rainfall triggers fatal flash floods in Maidan Wardak and Logar, Afghanistan - The Watchers - Watching the world evolve and transform - July 2nd, 2025 [July 2nd, 2025]
- Earthquake of magnitude 4.9 jolts Afghanistan - Times of India - July 2nd, 2025 [July 2nd, 2025]
- The UN mission for Afghanistan has warned that the influx of deportees risks further destabilising the crisis-wracked country - IslanderNews.com - July 2nd, 2025 [July 2nd, 2025]
- Tourists are trickling into Afghanistan and the Taliban government is eager to welcome them - Temple Daily Telegram - July 2nd, 2025 [July 2nd, 2025]
- Russia to hold 7th Moscow Format Talks on Afghanistan This Fall - Khaama Press - July 2nd, 2025 [July 2nd, 2025]
- Record 256,000 migrants returned to Afghanistan from Iran in June IOM - Daily Excelsior - July 2nd, 2025 [July 2nd, 2025]
- Pakistan, Afghanistan no longer part of World Banks South Asia region; Johannes Zutt to be new head | Today News - Mint - June 29th, 2025 [June 29th, 2025]
- Tourists are trickling into Afghanistan and the Taliban government is eager to welcome them - AP News - June 29th, 2025 [June 29th, 2025]
- Tourists trickling back into Afghanistan; Taliban eager to welcome them - Tribune India - June 29th, 2025 [June 29th, 2025]
- Crossing The Divides: Chinas Gamble To Bring CPEC To Afghanistan OpEd - Eurasia Review - June 29th, 2025 [June 29th, 2025]
- Tourists are trickling into Afghanistan and the Taliban government is eager to welcome them - Northeast Mississippi Daily Journal - June 29th, 2025 [June 29th, 2025]
- Tourists are trickling into Afghanistan and the Taliban government is eager to welcome them - Bluefield Daily Telegraph - June 29th, 2025 [June 29th, 2025]
- Tourists are trickling into Afghanistan; Taliban govt eager to welcome them - Telangana Today - June 29th, 2025 [June 29th, 2025]
- Uzbekistan dispatch: is this country what Afghanistan might have been, or still could be? - JURIST Legal News - June 28th, 2025 [June 28th, 2025]
- UN Women: 80 Percent of Young Women in Afghanistan Denied Access to Education and Employment - Hasht-e Subh Daily - June 28th, 2025 [June 28th, 2025]
- Surge in Deportations from Iran: Over 88,000 Afghanistan Citizens Repatriated in Less Than a Week - Hasht-e Subh Daily - June 28th, 2025 [June 28th, 2025]
- Afghanistan Has Become Safe Haven For Terror Groups Again, Says US Congressman Bill Huizenga - Free Press Journal - June 28th, 2025 [June 28th, 2025]
- Access to emergency, critical and operative care in Afghanistan: Perspectives from Afghan people in 11 provinces - ReliefWeb - June 28th, 2025 [June 28th, 2025]
- Poland, Ukraine, Japan, US, Afghanistan and Iraq Witness Explosive Rise in Dark Tourism as Youth Seek Powerful and Haunting Travel Experiences -... - June 28th, 2025 [June 28th, 2025]
- Teen whose family fled the Taliban is using art to advocate for women and girls in Afghanistan - Yahoo - June 28th, 2025 [June 28th, 2025]
- UN Report: 80% of young women in Afghanistan denied education and work opportunities - Khaama Press - June 28th, 2025 [June 28th, 2025]
- Interview with Parwana Ibrahimkhail Nijrabi: Women of Afghanistan Amplify Their Voices at Global Summits - Hasht-e Subh Daily - June 28th, 2025 [June 28th, 2025]
- Afghanistan War Commission Examines Military & Personnel Decision Related to the Obama Admin. - C-SPAN - June 24th, 2025 [June 24th, 2025]
- Voices of Afghanistan Interview Series: 'We have kept hope alive in the heart of darkness, waiting for the day when we can once again raise our voices... - June 24th, 2025 [June 24th, 2025]
- Service Delivery in Taliban-Influenced Areas of Afghanistan - usip.org - June 24th, 2025 [June 24th, 2025]
- Israels war with the Islamic Republic and its profound impact on Afghanistan - Amu TV - June 24th, 2025 [June 24th, 2025]
- Remarks at a UN Security Council Briefing on Afghanistan - United States Mission to the United Nations (.gov) - June 24th, 2025 [June 24th, 2025]