Author

Maha Eid

Abstract

This thesis examines the application of international humanitarian law to the international armed conflict that took place in Afghanistan starting in October 2001. It examines the Unites States’ right to use force in self-defense against Afghanistan in retaliation for the 11 September 2001 incidents that involved the destruction of the twin towers in New York and damaged the Pentagon in Washington D.C. It further evaluates whether the United States and the de facto government of Afghanistan, the Taliban, committed violations of international law. Finally, the thesis identifies the possible remedies to which States may have recourse when they commit internationally wrongful acts, including violations of international humanitarian law, by among other alternatives, briefly examining the prospects for action by the International Criminal Court in such situations. The thesis argues and proves the following: the United States was not justified in using force as self-defense against Afghanistan (based on the evidence available); Afghanistan’s use of force in self-defense against the United States and its allies was justified; international humanitarian law applies regardless of whether the use of force was legitimate or not; the Geneva Conventions of 1949 and other customary norms apply to this armed conflict; indiscriminate attacks and the treatment of prisoners of war by the United States, and placing civilians near military targets and taking over hospitals for military purposes by the Taliban, violated norms of international humanitarian law; and finally remedies for violations of international law (use of force) and international humanitarian law are applicable.

Department

Political Science Department

Degree Name

MA in Political Science

Date of Award

6-1-2003

Online Submission Date

July 2013

First Advisor

Doebbler, Curtis

Committee Member 1

Allain, Jean

Committee Member 2

Alvi, Hayat

Document Type

Thesis

Extent

185 p.

Rights

The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy. The author has granted the American University in Cairo or its agents a non-exclusive license to archive this thesis, dissertation, paper, or record of study, and to make it accessible, in whole or in part, in all forms of media, now or hereafter known.

IRB

Not necessary for this item

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