ABSTRACT

This chapter considers the important question of whether Operation Enduring Freedom is indeed a valid exercise of article 51. The question of attributing responsibility upon Afghanistan, as a State, for the terrorist attacks of September 11 by al-Qaida, a non-State entity, has drawn criticism and is by far the most controversial aspect of determining the legitimacy or otherwise of Operation Enduring Freedom. While the Taliban, the de facto but non-recognized government authority of Afghanistan, did not assist the United States to apprehend Usama bin Laden or other members of al-Qaida, neither did it adopt the September11 armed attacks as its own. The response of the Security Council was to authorize a multinational security force, the International Security Assistance Force (ISAF), under the initial leadership and command of the United Kingdom. The United Nations role in Kabul, aimed at the secure political and economic reconstruction of the State, seems relatively uncontroversial.