Marmara University Faculty of Law, Department of International Law
Contemporary Issues Of
International Law Conference
23-24 September 2021
Session I: Self-Defence,
Terrorism and Security
13:45 -15:45 (23 September)
Zoom Link: https://us02web.zoom.us/j/87059904219
Meeting ID 870 5990 4219
From September 11, 2001 to
September 2021, Afghanistan Issue in terms of Combating International Terrorism
and Its Evaluation in the Context of International Law
Assoc. Dr. Hakkı Hakan Erkiner
Abstract:
Being
subjected to an armed attack is a sine qua non condition that justifies the
victim state's unilateral defensive use of force according to international
law. The terrorist attacks in the USA against the World Trade Center and the
Pentagon, the building of the US
Department of Defense on September 11, 2001, resulted in the interpretation of
the concept of armed attack in international law to include the attacks carried
out by terrorist organizations. The UN Security Council, in its resolutions
1373, adopted on September 28, 2001, accepted that these terrorist attacks are
a threat to international peace and security and legally qualified as an
“attack” that states have the right to self-defence. In line with the
resolutions of the Security Council, the USA carried out a military operation
to Afghanistan called “Operation Enduring Freedom” for self-defence on the
grounds that it aided and abetted the terrorist organization Al-Qaeda. The
general international community of States found this operation in accordance
with international law and supported it.
On September
11, 2001, two passenger planes crashed into the north and south towers of the
World Trade Center in the United States. A third passenger plane crashed into
the Pentagon building of the US Department of National Defense. The fourth
passenger plane crashed near the city of Pittsburgh. When it was revealed that
these were terrorist attacks, the USA held the terrorist organization Al-Qaeda,
whose leader was Osama Bin Laden, responsible for these terrorist attacks. The
United States, which claims Al-Qaeda
leader Osama Bin Laden was in Afghanistan, demanded from the Taliban government
to surrender Bin Laden and not allow the organization to stay in the country
anymore, but the Taliban government rejected these requests of the USA.
On September
12, 2001, one day after the terrorist attacks, the NATO Permanent Council
declared that the attacks against the USA were considered to have been carried
out against all NATO member states. Thus, the 5th article of the NATO Treaty,
which regulates that if a NATO member state is attacked, all member states will
be deemed to have been attacked was operated. On 12 September, the UN Security
Council also condemned terrorism with its resolution 1368 and recognized the
right of individual or collective self-defence, which is an inherent right
according to the UN Charter, stated that it considered it a threat to
international peace and security, and called on all States to work together
urgently to bring to justice the perpetrators, organizers and sponsors of these
terrorist attack. The Security Council adopted Resolution 1373 on September 28.
While reaffirming the points in the resolution 1368, it also stated that it
reaffirmed the principles that every State has the duty to refrain from
organizing, instigating, assisting or participating in terrorist acts in
another State within its territory.
In response to
the September 11 terrorist attacks, it started airstrikes on targets it had set
in Afghanistan on October 7th. Kabul, Kandahar, Jalalabad and Herat were hit by
heavy bombers and cruise missiles in air operations in which the UK took part
with the USA. Among the places hit were Taliban targets as well as al-Qaeda
targets. While the 1979 Soviet invasion inflicted all the disasters of the war
on Afghanistan and its wounds were not healed; The country, which had been
turned into a home for dark terrorist organizations, was also subject to a
military operation and occupation by the United States in 2001. 19 years later,
an agreement was signed between the US and the Taliban on February 29, 2020,
which stipulated the gradual and conditional withdrawal of the US from
Afghanistan. In September 2021, the United States completed its withdrawal from
Afghanistan. It has been argued that after the September 11, 2001 attacks, the
existence of a prohibition on the use of force against terrorist groups and
organizations is no longer acceptable in international law. In this paper, this
situation is evaluated in terms of international law. According to the results
obtained, after the September 11 attacks, it has begun to be accepted by the
States in international law increasingly stronger way that terrorist attacks
can be so severe they can be legally qualified as an armed attack and that
there can be self-defence against a terrorist attack that is sure to happen, or
against a terrorist attack that is taking place or that will reasonably be deemed
to have just happened.
