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The legality of the October 7th 2001 attacks on Afghanistan under international law

The U.S. and U.K. attacks on the territory of Afghanistan on 7 October 2001 were not justified as a legal application of their inherent right to self-defense under international law. The attacks of 9/11 on the World Trade Center were not armed attacks by the State of Afghanistan; neither did the U.S...

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Main Author: Ismail, Ahmed
Format: Thesis
Published: AUC Knowledge Fountain 2017
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access_status_str Open Access
author Ismail, Ahmed
author_browse Ismail, Ahmed
author_facet Ismail, Ahmed
author_sort Ismail, Ahmed
collection Thesis
dc_rights_str_mv 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.
description The U.S. and U.K. attacks on the territory of Afghanistan on 7 October 2001 were not justified as a legal application of their inherent right to self-defense under international law. The attacks of 9/11 on the World Trade Center were not armed attacks by the State of Afghanistan; neither did the U.S. letter to the Security Council nor official documents and statements prove Taliban’s responsibility and effective control over al Qaeda’s terrorist operation on the U.S. soil. Even if the U.S. and U.K. invoked Article 51, considering 9/11 as armed attacks, the 7 October 2001 attacks on the territory of Afghanistan still did not satisfy customary law requirements of self-defense; necessity, proportionality, and immediacy. In addition, the U.S. and U.K. arguments for anticipatory use of force in the face of imminent threats by Afghanistan were not supported by evidence to the Council. Moreover, both governments did not receive Security Council authorization to use force in self-defense when they attacked Afghanistan.
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institution American University in Cairo (Egypt)
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license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from AUC Knowledge Fountain — bepress
publishDate 2017
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spelling oai:fount.aucegypt.edu:etds-1036 The legality of the October 7th 2001 attacks on Afghanistan under international law Ismail, Ahmed The U.S. and U.K. attacks on the territory of Afghanistan on 7 October 2001 were not justified as a legal application of their inherent right to self-defense under international law. The attacks of 9/11 on the World Trade Center were not armed attacks by the State of Afghanistan; neither did the U.S. letter to the Security Council nor official documents and statements prove Taliban’s responsibility and effective control over al Qaeda’s terrorist operation on the U.S. soil. Even if the U.S. and U.K. invoked Article 51, considering 9/11 as armed attacks, the 7 October 2001 attacks on the territory of Afghanistan still did not satisfy customary law requirements of self-defense; necessity, proportionality, and immediacy. In addition, the U.S. and U.K. arguments for anticipatory use of force in the face of imminent threats by Afghanistan were not supported by evidence to the Council. Moreover, both governments did not receive Security Council authorization to use force in self-defense when they attacked Afghanistan. 2017-02-01T08:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/37 https://fount.aucegypt.edu/context/etds/article/1036/viewcontent/THE_20LEGALITY_20OF_20THE_20OCTOBER_207TH_202001_20ATTACKS_20ON_20AFGHANISTAN_20UNDER_20INTERNATIONAL_20LAW.pdf 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. Theses and Dissertations AUC Knowledge Fountain international law war
spellingShingle international law
war
Ismail, Ahmed
The legality of the October 7th 2001 attacks on Afghanistan under international law
title The legality of the October 7th 2001 attacks on Afghanistan under international law
title_full The legality of the October 7th 2001 attacks on Afghanistan under international law
title_fullStr The legality of the October 7th 2001 attacks on Afghanistan under international law
title_full_unstemmed The legality of the October 7th 2001 attacks on Afghanistan under international law
title_short The legality of the October 7th 2001 attacks on Afghanistan under international law
title_sort legality of the october 7th 2001 attacks on afghanistan under international law
topic international law
war
url https://fount.aucegypt.edu/etds/37
https://fount.aucegypt.edu/context/etds/article/1036/viewcontent/THE_20LEGALITY_20OF_20THE_20OCTOBER_207TH_202001_20ATTACKS_20ON_20AFGHANISTAN_20UNDER_20INTERNATIONAL_20LAW.pdf
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AT ismailahmed legalityoftheoctober7th2001attacksonafghanistanunderinternationallaw