Part 3 The Post 9/11-Era (2001–), 48 The Intervention in Afghanistan—2001–
Edited By: Tom Ruys, Olivier Corten, Alexandra Hofer
- Individuals and non-state actors — Self-defence — Humanitarian intervention — Customary international law
This chapter addresses the US and NATO-led intervention in Afghanistan from 2001 to the present day. It examines the different legal justifications advanced or available for the intervention, namely self-defence, UN Security Council authorization, and intervention by invitation. It explores the complex relationships between these justifications and, particularly, the strategies adopted by states in choosing between them. The chapter concludes by considering the effects of the intervention on the customary international law of self-defence as it concerns non-state actors located in “unaware or unable” states, and anticipatory or pre-emptive responses.