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An Uneasy Lawfare

Hassan Aslam Shad

The US’ rushed exit from Afghanistan – almost 20 years after the equally hasty armed invasion of Afghanistan post the 911 attacks – is a grisly reminder of how the US continues to rule the world with a sleight of hand. The US got the hunting license for its military campaign in Afghanistan through UNSC Security Council Resolution 1373 passed in 2001 which “reaffirmed the inherent right of individual and collective self-defence of states”. Twenty years later, after Afghanistan having been bludgeoned back to the Stone Age on the pretext of “the right of self-defence”, we see no bombast and altruism of the early days to defend the defenseless
(Afghan civilians) from the ravages of a deadly internecine conflict that only promises to get worse by the day.

The strategic rupture that the US has caused in Afghanistan and its callous disregard of human suffering is only bettered by its impudence in asking Pakistan and other neighboring countries of Afghanistan to ‘play their part’ in bringing peace and stability to Afghanistan. With the sun having set on the US sojourn in Afghanistan, the gaping vacuum left behind in Afghanistan is thankfully being filled (to some extent) by China and Russia with help from other regional countries – all of whom are bedeviled with the dire choice of ring fencing against a spill over of war from Afghanistan. With the Taliban moving from being the ‘de facto’ to ‘de jure’ power at breakneck speed, Afghanistan’s neighbors don’t have time on their side.

China’s role, and that of neighboring countries, therefore, becomes vital. On 8th July, China’s Foreign Ministry Spokesperson Wang Wenbin made things clear when he said: “We [China] call on parties to the peace negotiation to put the interest of the country [Afghanistan] and people first, sustain the momentum for intra-Afghan talks, work for the return of the Afghan
Taliban in a moderate way to the political mainstream, jointly forge a broad-based and inclusive future political framework, and lay the foundation for lasting peace in Afghanistan”. In a blistering attack on US, he also said: “The US, in disregard of its responsibilities and obligations, hastily withdrew from Afghanistan, leaving a mess and turmoil to the Afghan
peace and regional countries. This further exposed the hypocritical face of the US under the cover of ‘defending democracy and human rights’”.

During the early days of the 2001 invasion of Afghanistan, a ruthless war was engineered by setting the wheel of the international system in motion. There were no hiccups. All went as planned because no one dared oppose the ‘good war’. In waning days of the ‘good war’, however, we see no distinction between the aggressor from the victim. If Al Qaeda were the
savages who killed more than 3000 innocent souls in the 911 attacks, the US has broken into the malign ranks of being the murderer of thousands of innocent Afghan civilians.

Unlike the US that had the luxury of crafting a lawfare using all political, legal, and diplomatic tools at its disposal, China, Russia, and other countries will have their task cut out in Afghanistan. Who to talk to? The Taliban or the fledgling Ghani government losing territory with every passing day? What about social, economic, and political reconstruction of Afghanistan assuming the ongoing conflict gives space for launching such initiatives. Will the major powers supported by Pakistan, Iran, Central Asian States (and now, Turkey) find a ‘least common denominator’ of aligned interests? Easier said than done.

Pakistan will watch these developments with trepidation. Notwithstanding its crucial role in Afghanistan, Pakistan should avoid fronting this excursion and let China and Russia do the heavy lifting. For once, Pakistan will need to take a backseat to avoid international crosshairs of getting labelled as supporting Taliban or taking sides in the conflict. So far, Pakistan has
trodden the Afghan situation carefully and avoided getting sucked into any regional power rivalries. With a simmering geopolitical rear in Afghanistan, Pakistan’s best bet remains to exhibit fealty to no group or cause but to a stable and prosperous Afghanistan. Patience is a virtue; even in times of war and conflict.

Hassan Aslam Shad is an international lawyer based in the Middle East. He is a graduate of Harvard Law School. He can be reached at: veritas@post.harvard.edu

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