The Fine Art of Friendship: Jus in Bello in Afghanistan

Abstract

The armed conflicts in Afghanistan have been surrounded by an almost unprecedented level of public debate relating to the law of armed conflict. This article seeks to provide an assessment of both the ground and air campaigns by the Coalition and their Afghan allies, primarily the Northern Alliance. Taking as its point of departure the idea that how someone (the Coalition) treats their friends (Afghan civilians) and how that person's friends (currently the Northern Alliance) treat others reflects back upon them, this article evaluates the Coalition and Northern Alliance campaigns in Afghanistan. The nature of the various conflicts is investigated, as is, for the air campaign, the targeting process and weapon choice of the Coalition. In relation to the ground war, the actions of the Northern Alliance/United Front and the Coalition are subjected to scrutiny, in particular from the point of the rules relating to surrender and the treatment of detainees. The article identifies some areas of concern, although nothing attributable to the Coalition rising remotely close to the level of the shocking attacks on the United States on September 11.

‘There can be no law if we were to invoke one code of international conduct for those who oppose us and another for our friends’