Legal Research

Documents on the Afghan Mission

By John N. Davis

I’m anything but a specialist in this area, but I thought it would be interesting to assemble some of the relevant documentation.

Treaties:

• Geneva Conventions:
  • Convention for the amelioration of the condition of the wounded and sick in armies in the field (22 August 1864), BTS 1901/10, CTS 1942/6
  • International Convention for the amelioration of the condition of the Wounded and Sick in Armies in the Field (6 July 1906), BTS 1907/15
  • Convention relative to the Treatment of Prisoners of War (27 July 1929), CTS 1933/5, 118 LNTS 344
  • Geneva Convention relative to the protection of civilian persons in time of war (12 August 1949), CTS 1965/20, 75 UNTS 287

  Revised texts: icrc.org

• Charter of the United Nations (26 June 1945), CTS 1945/7, 3 Bevans 1153:
  un.org; particularly chapter 7 and article 41
• North Atlantic Treaty (4 April 1949), CTS 1949/7, 34 UNTS 243:
  nato.int; particularly article 5
• Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (23 August 1985), CTS 1987/36, 1465 UNTS 85:
  ohchr.org
• Rome Statute of the International Criminal Court (18 December 1998), CTS 2002/13, 2187 UNTS 90:
  icc-cpi.int
• Arrangement for the transfer of detainees between the Canadian Forces and the Ministry of Defence of the Islamic Republic of Afghanistan (18 December 2005):
  afghanistan.gc.ca
• Arrangement for the transfer of detainees between the Government of Canada and the Government of the Islamic Republic of Afghanistan (3 May 2007):
  afghanistan.gc.ca

Security Council Resolutions concerning the International Security Assistance Force:

• S/RES/1386 (20 December 2001) authorizing ISAF, as envisaged by the Bonn Agreement (5 December 2001), S/2001/1154, for a period of six months from 20 December 2001.
• S/RES/1413 (23 May 2002)
  extending the authorization of ISAF for a period of six months from 20 June 2002.
• S/RES/1444 (27 November 2002)
  extending the authorization of ISAF for a period of one year from 20 December 2002.
• S/RES/1510 (13 October 2003)
  extending the authorization of ISAF for a period of twelve months from 13 October 2003, and expanding the mission.
  as outlined in a letter from the Secretary-General of NATO (2 October 2003), S/2003/970
• S/RES/1563 (17 September 2004)
  extending the authorization of ISAF for a period of twelve months beyond 13 October 2004.
• S/RES/1623 (13 September 2005)
  extending the authorization of ISAF for a period of twelve months beyond 13 October 2005.
• S/RES/1707 (12 September 2006)
  extending the authorization of ISAF for a period of twelve months beyond 13 October 2006.
• S/RES/1776 (19 September 2007)
  extending the authorization of ISAF for a period of twelve months beyond 13 October 2007.
• S/RES/1833 (22 September 2008)
  extending the authorization of ISAF for a period of twelve months beyond 13 October 2008.
• S/RES/1890 (8 October 2009)
  extending the authorization of ISAF for a period of twelve months beyond 13 October 2009.

Security Council Resolutions concerning the United Nations Assistance Mission in Afghanistan:

• S/RES/1401 (28 March 2002)
  endorsing the establishment of UNAMA for twelve months from 28 March 2002.
• S/RES/1471 (28 March 2003)
  extending the mandate of UNAMA for twelve months from 28 March 2003.
• S/RES/1536 (26 March 2004)
  extending the mandate of UNAMA for twelve months from 26 March 2004.
• S/RES/1589 (24 March 2005)
  extending the mandate of UNAMA for twelve months from 24 March 2005.
• S/RES/1662 (23 March 2006)
  extending the mandate of UNAMA for twelve months from 23 March 2006.
• S/RES/1746 (23 March 2007)
  extending the mandate of UNAMA until 23 March 2008.
• S/RES/1806 (20 March 2008)
  extending the mandate of UNAMA until 23 March 2009.
• S/RES/1868 (23 March 2009)
  extending the mandate of UNAMA until 23 March 2010.

Additional Security Council resolutions:

• S/RES/1373 (28 September 2001), on the suppression of terrorism
• S/RES/1378 (14 November 2001), on the situation in Afghanistan
• S/RES/1659 (15 February 2006), endorsing the Afghanistan Compact, 31 January – 1 February 2006

NATO Press Releases, Statements, etc.:

• (2001)124 (12 September 2001): Statement by the North Atlantic Council
• NATO HQ Brussels (4 October 2001): Statement to the Press
  by NATO Secretary General, Lord Robertson, on the North Atlantic Council Decision On Implementation Of Article 5 of the Washington Treaty following the 11 September Attacks against the United States
• (2001)138 (8 October 2001): Statement by NATO Secretary General, Lord Robertson
• (9 October 2001): SACEUR Statement to the Media
• M-NAC-2 (2001)159 (6 Dec. 2001): NATO’s Response to Terrorism: Statement issued at the Ministerial Meeting of the North Atlantic Council held at NATO Headquarters, Brussels
• (16 April 2003): Press Briefing by NATO Spokesman, Yves Brodeur
• (5 May 2003): Remarks by NATO Secretary General, Lord Robertson at the Atlantic Councils Salute to the New NATO
• (2003) 051 (23 May 2003): Appointment of Admiral Edmund P. Giambastiani, Jr., U.S. Navy, as Supreme Allied Commander, Transformation
• (2003)059 (3 June 2003): Final Communiqué: Ministerial Meeting of the North Atlantic Council Held in Madrid
• (2003)070 (18 June 2003): The North Atlantic Council
  and the NATO Secretary General to Visit the United States to Establish the New Allied Command Transformation
• (19 June 2003): Remarks by the Secretary General of NATO, Lord Robertson at the ceremony to the Commission of the New Allied Command Transformation
• (2003)091 (8 August 2003): NATO to assume command of the International Security Assistance Force (ISAF) in Kabul on Monday, 11 August 2003
• Kabul (11 August 2003): Speech by the Deputy Secretary General, Alessandro Minuto Rizzo at the ISAF Assumption of Command Ceremony

Canadian Documents:

• United Nations Act, R.S.C. 1985, c. U-2
• United Nations Al-Qaida and Taliban Regulations, SOR/99-444
• Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism, SOR/2001-360
• PC 2002-0062 (24 January 2002), appointing Konrad Sigurdson as Ambassador Extraordinary and Plenipotentiary of Canada to Afghanistan, with residence in Islamabad.
• North Atlantic Treaty Organization (Foreign Affairs and International Trade Canada)
• National Defence Act, R.S.C, 1985, c. N-5, s. 31
• Order Placing Members of the Canadian Forces on Active Service for the Purpose of Fulfilling Canada?s Obligations Under the North Atlantic Treaty, SI 89/103
• National Defence Act, R.S.C, 1985, c. N-5, s. 130
• Crimes Against Humanity and War Crimes Act, S.C. 2000, c. 24
• Criminal Code, R.S.C, 1985, c. C-46, s. 269.1
• Canada’s Engagement in Afghanistan (Government of Canada)
• Report of the Independent Panel on Canada’s Future Role in Afghanistan

Canadian News:

• Edward Greenspon, “Suddenly, we’re at war”, Globe & Mail, October 8, 2001: LexisNexis,Westlaw
• Lloyd Axworthy, “Canadians are ready to fight, but want some answers”, Globe & Mail, October 8, 2001: LexisNexis,Westlaw
• Stockwell Day, “Let’s stand by our PM; Now is no time to criticize Canada’s leadership. We have a just war to wage”, Globe & Mail, October 12, 2001: LexisNexis,Westlaw
• Jeffrey Simpson, “We’re at war without a compass on strange terrain”, Globe & Mail, October 16, 2001: LexisNexis,Westlaw
• Hugh Winsor, “Sense of drama absent in debate; No history was being made”, Globe & Mail, October 16, 2001: LexisNexis,Westlaw
• Jeffrey Simpson, “Finally, the Liberals wake up to the new reality”, Globe & Mail, October 17, 2001: LexisNexis,Westlaw
• Irwin Cotler, “Mightier than the sword; Canada’s contribution on the battlefield may be small, but we have much to contribute to the legal fight against terrorism”, Globe & Mail, October 23, 2001: LexisNexis,Westlaw
• Brian Laghi and Kevin Cox, “The Fall of Kabul”, Globe & Mail, November 15, 2001: LexisNexis,Westlaw
• David Malone, “Now the hard part begins; Rebuilding Afghanistan: The international community must move fast if it is to keep up with events on the ground in Kabul”, Globe & Mail, November 21, 2001: LexisNexis,Westlaw
• John Ibbitson, “Pashtun-led council set to govern until May; Factions agree to interim administration to lay groundwork for national assembly”, Globe & Mail, December 6, 2001: LexisNexis,Westlaw
• Editorial, “A new Government for Afghanistan”, Globe & Mail, December 6, 2001: LexisNexis,Westlaw
• David Malone, “Uncle Sam’s coalition of one; America’s allies have fallen so far behind militarily that they have no choice but to follow the U.S. lead”, Globe & Mail, December 11, 2001: LexisNexis,Westlaw
• Campbell Clark, “Ottawa mulls smaller role in Afghan peace mission”, Globe & Mail, January 1, 2002: LexisNexis,Westlaw
• Shawn McCarthy, “Manley defends deployment; Says sending troops to Afghanistan under U.S. control not a sacrifice of sovereignty”, Globe & Mail, January 9, 2002: LexisNexis,Westlaw
• Daniel LeBlanc, “Eggleton slams critics of military uniforms; Defence Minister also defends policy for handover of prisoners in Afghanistan”, Globe & Mail, January 26, 2002: LexisNexis,Westlaw
• Desmond Morton, “Eggleton didn’t want to know: That’s war, folks”, Globe & Mail, February 1, 2002: LexisNexis,Westlaw
• Estanislao Oziewicz, “Greater things at stake than politics, experts say”, Globe & Mail, February 1, 2002: LexisNexis,Westlaw
• Jeff Sallot, “Captives’ status worries Ottawa; Canada wants U.S. to allow tribunal to rule whether prisoners are PoWs, Manley says”, Globe & Mail, February 5, 2002: LexisNexis,Westlaw
• Shawn McCarthy and Jeff Sallot, “Liberal fears fail to change troops’ orders on captives”, Globe & Mail, February 6, 2002: LexisNexis,Westlaw
• Shawn McCarthy, “Limit war on terror, PM, Putin tell U.S.; Any action against Iraq should be done under auspices of UN, Chrétien says”, Globe & Mail, February 15, 2002: LexisNexis,Westlaw
• Joe Clark, “Pull the other one, Jean; First, a deed scrawled on a napkin got the Prime Minister off the Shawinigate hot seat. Now, there’s a secret memo on JTF2.”, Globe & Mail, February 21, 2002: LexisNexis,Westlaw
• Daniel LeBlanc, “Canadians enthusiastic about role of NATO”, Globe & Mail, April 4, 2003: LexisNexis,Westlaw
• Daniel LeBlanc, “NATO overhaul boosts U.S. role”, Globe & Mail, June 13, 2003: LexisNexis,Westlaw
• Brian Laghi, “Canadians needed to stabilize Kabul, general says”, Globe & Mail, August 12, 2003: LexisNexis,Westlaw
• Editorial, “What should NATO do in Afghanistan?”, Globe & Mail, August 18, 2003: LexisNexis,Westlaw

Full post as published by Slaw.ca on December 26, 2009 (boomark / email).