ESTABLISHMENT OF THE ISAF MISSION AND THE POLITICAL AND LEGAL FRAMEWORK
ISAF (International Security Assistance Force) is an international military mission in the Islamic Republic of Afghanistan that has been led by NATO since August 2003. Prior to that, ISAF operated under mandate of the United Nations, in three six-month rotations, pursuant to Chapter VI of the UN Charter. In that period, it was led and coordinated in six-month rotations by Great Britain (ISAF I), Turkey (ISAF II) and jointly FR Germany and the Netherlands (ISAF III).
Since late 2001 ISAF has been an Operation in Support of Peace. It was then the so-called coalition of the willing, in which states that took turn in leadership had the biggest role: Great Britain, Turkey, the Netherlands and Germany. At the end of the first year of the mandate, 19 states under the UN mandate took part in the mission. However, the UN neither organized them nor provided financial assistance. ISAF has never been the UN observer mission.
Mission ISAF became NATO led military Peace Support Operation in 2003, when the UN changed the mandate in conformity with Chapter VII of the UN Charter, allowing use of force in peace support, in line with Rules of Engagement. With regard to such leadership and the concept of planning in NATO, financing of the operation is partly carried out from NATO’s common funds and partly states that participates in the operation give their contribution, regardless they are members of NATO or not.
The UN Security Council assessed that the situation in Afghanistan represented a threat to international peace and security. The UN have therefore recommended to their member states to assist the operation ISAF by providing personnel, equipment and other resources and funds, especially the fund established for that purpose. The participation of the states with their donations is also important for ISAF.
Since early 2001 to the present time, ISAF has operated in conformity with resolutions of the UN Security Council (about Afghanistan: no. 1386(2001), no. 1413(2002), no. 1444(2002), no. 1510(2003), no. 1563(2004), no. 1623(2005), no. 1659(2006), no. 1707(2006); and on support to international efforts in eradication of terrorism: no. 1368(2001), no. 1373(2001)). Two resolutions of the UN Security Council are decisive for defining authorities of the mission ISAF: no. 1386(2001) and no. 1510(2003).
Besides the first UN resolution on Afghanistan that was unanimously enacted by the UN Security Council, operation of ISAF is defined by Bonn Agreement from December 2001, a military-technical agreement that the international community signed with interim Afghan Government and Kabul Agreement from 2005, signed with the newly elected Afghan Government. Both agreements relate to ways the international community provides support to establishing peace and security in Afghanistan, as assistance in building institutions of the state. Functioning of the Islamic Republic of Afghanistan as a modern, sovereign, democratic state that manages independently and functions on its entire territory will denote the end of the operation ISAF.
IMPLEMENTATION OF THE OPERATION
In its activities, ISAF cooperates with the government of the Islamic Republic of Afghanistan, contributing to security in the state, with special emphasis on building capacities and strengthening capabilities of the Afghan National Security Forces (ANSF), Afghan National Army (ANA) and Afghan National Police (ANP) and implementation of the judicature.
By realization of functioning of part of the state in public order and security, preconditions are created for reconstruction of the state and establishing public services. An important breakthrough was made in the developmental pathway of Afghanistan when ISAF enabled presidential elections were held in October 2004 and parliamentary elections for both houses in September 2005.
Besides cooperating closely with Afghan Government in achieving complete sovereignty, territorial integrity and independence, ISAF assists operation of the UN mission UNAMA, and activities of other UN agencies in Afghanistan. UNAMA is the UN political mission founded in 2002 for providing support in building institutions of Afghanistan and national reconciliation during the peace process.
Besides with the UN and as required, ISAF also cooperates with other international organizations and international NGOs that operate in Afghanistan and are concentrated on providing humanitarian assistance and coordination of efforts directed to development and respect for human rights.
The operation ISAF has been planned in five phases. The first phase was evaluation of situations and preparation and it included all operations in Kabul. The second phase is a geographical expansion to the entire territory of Afghanistan, the third is stabilisation and the fourth is transition. The last phase is anticipating withdrawal from Afghanistan.
ISAF originally operated in the area of the capital Kabul and its immediate surroundings, assisting in organization of the transitional authority and establishment of safe environment in that, relatively small area of its responsibility. When NATO took over leadership of the operation in August 2003, the number of states that were brought in the mission was significantly increased. The result has been a bigger and stronger structure of ISAF in the area of operations. At the time great efforts were put in planning and implementation of the operation. The UN concurrently expanded the mission’s mandate on the entire territory of Afghanistan. Since that time, the area of ISAF’s responsibility has expanded to the north (stage I, completed in October 2004), to the north (stage II, completed in September 2005), to the south (stage III, completed in July 2006) and to the east (stage IV, completed in October 2006). The second phase of the mission ended with completion of the last expansion stage.
Concurrently with the initial stabilization phase, NATO started a programme of cooperation with Afghanistan in defence reform, building of defence institutions and military aspects of reform of the security sector and has promoted the interoperability of ANA and members of NATO. The programme is complementary to the operational role of ISAF in Afghanistan.
Structure of the mission comprises Command of ISAF in Kabul, Kabul Multinational Brigade, and five regional commands (the Capital, East, North, West, South). Centres of the regional commands are in the towns of Kabul, Bagram, Mazar-e-Sharif, Herat and Kandahar. Provincial Reconstruction Teams (PRT) were established in areas of the regional commands. They provide assistance in establishing regular activities of the central Afghan authority and functioning of the civilian life.
The Supreme Headquarters Allied Powers Europe (SHAPE) in Mons (Belgium) is in charge of the operational implementation of the operation ISAF, together with Joint Forces Command (JFC) in Brunssum (the Netherlands).
STATES PARTICIPANTS
Before NATO took over leadership of the operation ISAF, 28 states with approximately 5400 soldiers took part in it. The number of the participating states increased afterwards and the operation became more complex and demanding. The criteria and manners of participating in the mission ISAF have been set according to Rules of Engagement in peace support and standards of military operations in NATO.
The greatest parts of the countries – participants in ISAF are NATO’s members, at the moment twenty-six of them. Eleven states that are not NATO’s members are included in the operation. They are mostly members of NATO’s programme Partnership for Peace. Australia, Austria, Albania, New Zealand and Switzerland also take part in the operation ISAF in Afghanistan. Almost 35,500 soldiers are under direct command of NATO Headquarters.
Besides units under NATO’s command, about 5500 members of national support elements have been deployed to mission ISAF and are under direct command of national headquarters.
The condition for military participation of the states that are not NATO’s members is to obtain a certificate on adequate interoperability with NATO and possess requested capabilities of units that will take part in the operation.
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