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
- Decades on from the USs disastrous campaign in Afghanistan, Trump is making all the same mistakes | Simon Tisdall - The Guardian - August 4th, 2026 [August 4th, 2026]
- Five years of Taliban rule: terror threats in Afghanistan - Foundation for Defense of Democracies - August 4th, 2026 [August 4th, 2026]
- This is Fox's way of memorializing those lost in the downing of Extortion 17 helicopter in Afghanistan: Mike Sarraille - Fox News - August 4th, 2026 [August 4th, 2026]
- A Treasure Trove of Artistry at the Art Institutes Embroidered Traditions from Morocco to Afghanistan - Newcity Art - August 4th, 2026 [August 4th, 2026]
- Marine injured in Afghanistan receives custom Virginia home with 40 ADA adaptations - WTVR.com - August 4th, 2026 [August 4th, 2026]
- Keeping calm and carrying on in Afghanistan - Washington Examiner - August 4th, 2026 [August 4th, 2026]
- New Wave of Floods Causes Widespread Destruction in Eastern Afghanistan - KabulNow - August 4th, 2026 [August 4th, 2026]
- Afghanistan's education system has been rebuilt in the Talibans own image - Substack - August 4th, 2026 [August 4th, 2026]
- Floods killed 29, injured 129 across Afghanistan: WHO - gazettengr.com - August 4th, 2026 [August 4th, 2026]
- UNODC and IOM Warn of Rising Human Trafficking Risks in Afghanistan Amid Multiple Crises - KabulNow - August 4th, 2026 [August 4th, 2026]
- Armed Tribal Clash Over Mountain Ownership Continues in Southeastern Afghanistan - KabulNow - August 4th, 2026 [August 4th, 2026]
- Foreign Taliban Fighters Were Ambushed Near Zebak, Says Freedom Front - Afghanistan International - August 4th, 2026 [August 4th, 2026]
- Pakistans attacks on Afghanistan are about more than the TTP - Al Jazeera - August 1st, 2026 [August 1st, 2026]
- Reading the Signals of Chinas U.N. Security Council Role in the Afghanistan Mission Renewal - Just Security - August 1st, 2026 [August 1st, 2026]
- Snowy valleys, balloon bikes and a wild game of buzkashi: a different view of Afghanistan in pictures - The Guardian - August 1st, 2026 [August 1st, 2026]
- Remains of 14 Afghan migrants recovered in western Afghanistan - Yahoo - August 1st, 2026 [August 1st, 2026]
- EU/Afghanistan: Abandon Unconscionable Efforts to Deport People to Afghanistan - Letter European Institutions Office - European Institutions Office - August 1st, 2026 [August 1st, 2026]
- Bodies of three Afghan migrants killed in Italy repatriated to Afghanistan - Pajhwok Afghan News - August 1st, 2026 [August 1st, 2026]
- The Unfinished Bargain: Women And War In Israel And Afghanistan OpEd - Eurasia Review - August 1st, 2026 [August 1st, 2026]
- Taliban marks fifth year in power in Afghanistan: 5 things to know - Nikkei Asia - August 1st, 2026 [August 1st, 2026]
- Five Years of Taliban Rule: Edmund Fitton-Brown on Terror Threats in Afghanistan - Amu TV - August 1st, 2026 [August 1st, 2026]
- Young Man Shot Dead in Northern Afghanistan Amid Rise in Violent Crime - KabulNow - August 1st, 2026 [August 1st, 2026]
- Video: Taliban's ban on girls education takes a toll on 16-year-old in Afghanistan - livetube.tv - August 1st, 2026 [August 1st, 2026]
- The emotional toll behind the education ban on women and girls in Afghanistan - Shoreline Media Group - August 1st, 2026 [August 1st, 2026]
- The world turned its back: Nadia Hashimi on Afghanistan, resistance and City of Widows - The Indian Express - August 1st, 2026 [August 1st, 2026]
- Update on the Human Rights Situation in Afghanistan (April to June 2026) - unmissions.org - July 28th, 2026 [July 28th, 2026]
- Months of fighting between Afghanistan and Pakistan have killed nearly 500 Afghan civilians, UN says - AP News - July 28th, 2026 [July 28th, 2026]
- The Taliban's Trojan horse: What really happened after Afghanistan's opium ban - The Times of India - July 28th, 2026 [July 28th, 2026]
- Gunmen kill high-ranking Taliban official in Afghanistan in rare targeted attack - ABC News - Breaking News, Latest News and Videos - July 28th, 2026 [July 28th, 2026]
- Gunmen kill high-ranking Taliban official in Afghanistan in rare targeted attack - AP News - July 28th, 2026 [July 28th, 2026]
- Taliban Culture Official Killed in Armed Attack in Northern Afghanistan - KabulNow - July 28th, 2026 [July 28th, 2026]
- Months of fighting between Afghanistan and Pakistan have killed nearly 500 Afghan civilians, UN says - Temple Daily Telegram - July 28th, 2026 [July 28th, 2026]
- Uzbekistan, Pakistan Plan to Expand Trade Through China, Bypassing Afghanistan - thekabultribune.com - July 28th, 2026 [July 28th, 2026]
- Months of fighting between Afghanistan and Pakistan have killed nearly 500 Afghan civilians, UN says - Goshen News - July 28th, 2026 [July 28th, 2026]
- 2 Decades And $2 Trillion Later, What Did The US Gain From The Afghanistan War? - The Friday Times - July 28th, 2026 [July 28th, 2026]
- Afghanistan Charg d'Affaires to Malaysia attends 8th International Conference on Islamic Thought and Civilization - - July 28th, 2026 [July 28th, 2026]
- Body parts that washed up on Texel in 2023 belonged to two young men fleeing Afghanistan - NL Times - July 28th, 2026 [July 28th, 2026]
- Chabahar Port Amid Geopolitical Flux: Implications for Afghanistan and India - orfonline.org - July 28th, 2026 [July 28th, 2026]
- Heavy rain and flooding kills 82 across India, Pakistan and Afghanistan - Reuters - July 24th, 2026 [July 24th, 2026]
- Rain-Triggered House Collapse Kills Five Family Members in Eastern Afghanistan - KabulNow - July 24th, 2026 [July 24th, 2026]
- Restoring Access to Health Care in Afghanistan Through Faith and Partnership - USA for UNHCR - July 24th, 2026 [July 24th, 2026]
- Iran backs efforts to build stable Afghanistan with inclusive government - Khaama Press - July 24th, 2026 [July 24th, 2026]
- Flash Floods Kill at Least 23 in Afghanistan - The New York Times - July 21st, 2026 [July 21st, 2026]
- Born in Afghanistan, she grew a wellness brand to $150M. Now she fights for the women still there - Fortune - July 21st, 2026 [July 21st, 2026]
- Death Toll from Devastating Floods in Eastern Afghanistan Rises to 23, Over 100 Missing - KabulNow - July 21st, 2026 [July 21st, 2026]
- Monsoon-driven flash flooding kills at least 20 in Afghanistan - Al Jazeera - July 21st, 2026 [July 21st, 2026]
- After Years Of Education Ban, What Will Afghanistan Look Like In 2030? - - July 21st, 2026 [July 21st, 2026]
- Flash floods kill at least 20 in Afghanistan and leave more than 100 missing - AP News - July 21st, 2026 [July 21st, 2026]
- Afghanistan looks for 100 missing in floods that killed at least 23 | Daily Sabah - Daily Sabah - July 21st, 2026 [July 21st, 2026]
- Crimean-Congo Fever On Increase In Afghanistan, 21 Deaths In June-WHO - MarketForces Africa - July 21st, 2026 [July 21st, 2026]
- Afghanistan: Flash Floods Kill 20, Leave Over 100 Missing in Nuristan | Firstpost Live | N18 - Firstpost - July 21st, 2026 [July 21st, 2026]
- Afghanistan Floods Kill 20, Leave Over 100 Missing - Ratopati - July 21st, 2026 [July 21st, 2026]
- How the Iran wars unpopularity compares to Iraq, Afghanistan and Vietnam - CNN - July 21st, 2026 [July 21st, 2026]
- Exclusive: Frontex returned almost 50 people to Afghanistan this year with help from NGO fronted by UK security veterans - EUobserver - July 16th, 2026 [July 16th, 2026]
- Meet Alex Sunny, American woman going viral on TikTok for her intention to relocate to Afghanistan for hu - The Times of India - July 16th, 2026 [July 16th, 2026]
- Amid the Afghanistan-Pakistan Conflict, India-Taliban Diplomatic Ties Are Strengthening - The Diplomat Asia-Pacific - July 16th, 2026 [July 16th, 2026]
- Taliban Detain Eight Former Government Officials and Security Personnel in Western Afghanistan - KabulNow - July 16th, 2026 [July 16th, 2026]
- Shes Moving to Afghanistan. The Internet is Horrified. - thejuggernaut.com - July 16th, 2026 [July 16th, 2026]
- UK Afghanistan Inquiry Hears New Allegations Against British Special Forces - thekabultribune.com - July 16th, 2026 [July 16th, 2026]
- UNICEF calls for urgent action as peak wasting season nears and child food and nutrition insecurity puts 3.7 million children in Afghanistan at... - July 16th, 2026 [July 16th, 2026]
- Afghanistan: Tracking Impact Report of Bans and Other Restrictions on Women Working for NGOs, INGOs and UN (June 2026) - ReliefWeb - July 16th, 2026 [July 16th, 2026]
- From small ideas to sustainable businesses in Afghanistan - AKDN - July 16th, 2026 [July 16th, 2026]
- Afghanistan's women's refugee set to have funding extended after recommendation to ICC board - BBC - July 16th, 2026 [July 16th, 2026]
- INTERSOS Afghanistan: 2025 Annual Report - Responding to needs, sustaining activities, supporting communities (April 2026) - ReliefWeb - July 16th, 2026 [July 16th, 2026]
- India discusses agricultural collaboration with Taliban government of Afghanistan - The Hindu - July 16th, 2026 [July 16th, 2026]
- UN Calls for Urgent Action as Millions of Children in Afghanistan Face Heightened Malnutrition Risk - KabulNow - July 16th, 2026 [July 16th, 2026]
- Everything will be okay with Afghanistan. It still isnt. - Arab News PK - July 6th, 2026 [July 6th, 2026]
- An American Woman Apparently Plans to Move to Afghanistan for Her Husband Afghan Women in the Comments Are Begging Her Not to - Yahoo - July 6th, 2026 [July 6th, 2026]
- Debate Over Afghanistan Cricket Team Selection Sparks Exchange Between Farhad Darya and Naveen-ul-Haq - thekabultribune.com - July 6th, 2026 [July 6th, 2026]
- Body of Afghanistan's First Cosmonaut Abdul Ahad Momand to Be Repatriated on Monday - thekabultribune.com - July 6th, 2026 [July 6th, 2026]
- Are Pakistan and Afghanistan heading for war? - DW.com - July 6th, 2026 [July 6th, 2026]
- At least 28 killed in Pakistan air operations on Afghanistan, UN says - Reuters - July 6th, 2026 [July 6th, 2026]
- WHO Official: Polio Could Be Eradicated in Afghanistan Within the Next Year - KabulNow - July 6th, 2026 [July 6th, 2026]
- Pakistan-Afghanistan Fighting Elevates Tensions in the Region - Bloomberg.com - July 6th, 2026 [July 6th, 2026]
- Afghanistan hit by third earthquake in days as 5.5 magnitude tremor strikes - The Jerusalem Post - July 6th, 2026 [July 6th, 2026]
- Vance says critics of Iran talks same people who wanted more bombs in Afghanistan - Washington Examiner - July 6th, 2026 [July 6th, 2026]
- OCHA: Civilians in Afghanistan Must Be Protected as Conflict Takes Heavy Psychological Toll - thekabultribune.com - July 6th, 2026 [July 6th, 2026]
- Taliban: 147 Citizens of Afghanistan Released From Pakistani Prisons, Return Home - 8am.media - July 6th, 2026 [July 6th, 2026]
- Turkish Company Expresses Interest in Waste-to-Energy Projects in Afghanistan - thekabultribune.com - July 6th, 2026 [July 6th, 2026]
- Pakistan Says It Shot Down Drones Launched from Afghanistan Amid Rising Tensions - KabulNow - July 6th, 2026 [July 6th, 2026]