North Atlantic Treaty Organisation (NATO) The North Atlantic Treaty,[1] signed on April 4, 1949, introduced a new epoch in regional collective security. NATO today consists of 26 countries[2] that form a military alliance to ensure collectively the security of each Member State. Geographically it is centered upon Europe and North America. Its Member States include: Albania, Belgium, Bulgaria, Canada, Croatia, Czech Republic, Denmark, Estonia, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Turkey, the United Kingdom and the United States. Its main objectives are to promote stability and well-being in the North Atlantic area and to provide Members with a secure collective defense regime for the preservation of peace and security.[3] Article 5 of the Treaty enumerates how these aims are to be achieved.[4] This Article asserts that in the case of an armed attack against one or more of the Member States, in Europe or North America, it shall be considered to be an armed attack against all of them. The Cold War was the original reason for the creation of the Organization and it was in this context that action was envisaged. Since the end of the Cold War, former members of the Communist block have joined NATO and it has taken on a much broader role including becoming involved in action outside of the territory of its Member States.[5] The organization is divided into two parts - a civilian organization and a military organization. The civilian section includes the Secretariat and the North Atlantic Assembly.[6] The military section operates under the Council Military Committee and this comprises the Chiefs of Staff from the Member States. This Council meets in Washington D.C. and is almost continually in session. The main decision and policy making bodies are the North Atlantic Council, the Defense Planning Committing and the Nuclear Planning Group. Summit meetings at the level of Heads of State and Government undertake major decisions on aims and objectives but are held when deemed necessary. Recent Development: NATO in Afghanistan NATO has begun a new phase in its war against the Taliban in Afghanistan. As US troops have withdrawn from patrols on the streets of Iraq the Obama Administration has refocused its attention on the war in Afghanistan. This has included a revised Tactical Directive aimed at reducing the number of civilian casualties, one of the main criticisms regarding the conduct of the war thus far in Afghanistan.[7] The Tactical Directive acknowledges the legal issues surrounding the use of force, in particular, where there are high numbers of civilians present. The high number of civilian casualties that have resulted from the use of aerial attacks, such as at Nawabad[8] where reportedly up to 92 civilians had been killed, raises questions regarding the conduct of operations by NATO. This new Directive is aimed at reducing the numbers of civilian injuries and deaths. Whether the new Tactical Directive will result in less civilian deaths is yet to be seen, however it is significant that NATO has sought to ameliorate and consider the tactics it has used and the importance of having cognisance of the legal issues raised. The Directive states that, 'we will not win based on the number of Taliban we kill, but instead on our ability to separate insurgents from the centre of gravity - the people'. It goes on to state that the use of certain weapons against residential compounds is only authorised in very limited and prescribed circumstances. The increased number of US troops sent to the country has also lead to a change in the type of operations undertaken; particularly in the southern province of Helmand. Operation Panther's Claw led by British troops and Operation Khanjar led by US troops, together with Afghani military forces aims to secure this province from Taliban control particularly in the run up to national elections. The Operation also puts into force the new Tactical Directive, aiming to win the confidence of civilian Afghani's both in NATO forces and in the Afghani military and government. The increased activity in the south of the country is related to operations by the Pakistani Army in the Swat valley which borders Afghanistan and appears to be part of wider efforts to establish firm NATO control in the south and border areas. Several members of ISAF (International Security Assistance Force) are due to withdraw their troops over the next two years. The Netherlands will withdraw its forces, currently standing at 1,770 in 2010, followed by Canada, whose forces stand at 2,830 in 2011. This will greatly reduce the number of combat forces in Afghanistan. Afghanistan acceded to the two Additional Protocols to the Geneva Conventions in June 2009.[9] Additional Protocol II which covers non-international armed conflicts is of relevance to the current conflict. It will strengthen the application of the rules contained therein which were until now applicable to the territory based on customary international law. They will enter force 6 months after the deposit of the instrument of accession; that will be December 2009. The Additional Protocols apply between the state and rebel forces, therefore it will not directly apply to NATO forces; however the Afghan government may be held responsible for actions undertaken by NATO, as it is under their auspices that NATO forces are in Afghanistan. It could also apply to operations undertaken by NATO forces together with domestic Afghan forces. Recent Development: Expansion of NATO membership and relations with the Russian Federation The Membership Action Plan (MAP) is a NATO programme of support for countries wishing to join the Alliance.[10] The Former Yugoslav Republic of Macedonia is the only country currently participating in the MAP. Macedonia will be invited to join NATO once issues relating to its name are settled with NATO member Greece.[11] Albania and Croatia acceded as Members of the Alliance in April of 2009, further expanding NATO's membership in the Balkans. Both Bosnia and Herzegovina and Montenegro have continued their Intensified Dialogues on possible future membership. The Ukraine and Georgia, after the Bucharest Summit decisions in 2008, have also continued in their preliminary discussions.[12] The NATO-Georgia Commission (NGC), created after the war between Russia and Georgia in 2008,[13] has continued to operate. In December 2008, NATO foreign ministers decided to further enhance the NGC through the development of an Annual National Programme (ANP), replacing an earlier programme based on future membership as well as the establishment of a NATO Liaison Office in Tbilisi. In a statement issued by the NATO Secretary General in June 2009 it was stated that NATO did not recognise the elections held on May 31 in South Ossetia, one of the two breakaway states of Georgia and further added that the holding of such elections 'does not contribute to a peaceful and lasting settlement of the situation in Georgia. The Alliance reiterates its full support for the sovereignty and territorial integrity of Georgia within its internationally recognised borders.'[14] The last of the UN observers has also left the region as Russia vetoed an attempt to extend their remit.[15] The observers had been in Abkhazia since 1993 under a Security Council mandate.[16] This has put further strains on NATO's relationship with Russia. At the NATO-Russia Council Meeting in June 2009[17], the first at ministerial level in over a year since the suspension of high-level meetings following the 2008 events in Georgia, it was agreed to re-start military co-operation. **** NATO's operations in Afghanistan have entered into a new phase; the Tactical Directive is an indication of this but whether this will result in more success in finally eliminating the Taliban as a territory controlling force in Afghanistan is open to debate. The current operations should aid in making the summer elections safer and more successful, but with the proposed withdrawal of some Member's forces from the country, the current troop strength must be used to greater effect. The methods employed by the Taliban, make both civilian casualties hard to avoid as well as accusations of breaches of the Geneva Conventions, though of late there has been a trend towards less civilian deaths. Whether the adoption of the Additional Protocols to the Geneva Conventions will lead to a change in military actions, as it particularly covers persons who no longer or never were directly involved in conflict, is unclear. NATO's relations with Russia appear to be improving, particularly with the resumption of high level talks regarding security in the Euro-Atlantic area. Tensions regarding Georgia remain high with the possibility of future unrest and tension between NATO and Russia regarding the breakaway regions remaining probable. Aoife O'Donoghue Durham Law School August 2009 Footnotes: 1 North Atlantic Treaty Apr. 4, 1949, 34 UNTS 241 2 The original membership consisted of the United States, Canada, Portugal, Italy, Norway, Denmark, Iceland., Belgium, the Netherlands, Luxembourg, France and the United Kingdom 3 North Atlantic Treaty, preamble. 4 Article 5 reads: The parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all, and consequently they agree that, if such an armed attack occurs, each of them, in exercise of the right of individual or collective self defence recognized by Article 51 of the Charter of the United Nations, will assist the Party or Parties so attacked by taking forthwith, individually, and in concert with the other parties, such action as it deems necessary, including the use of armed force, to restore and maintain the security of the North Atlantic area.. 5 Tarcisio Garzini, NATO's role in the collective security system, 8 (2) J. CONFLICT & SECURITY L. 231, 231-263 (2003) 6 The Assembly is made up of parliamentarians each Member State. This is not mentioned in any of the treaties and can only make recommendations. 7 International Security Assistance Force (ISAF) Tactical Directive HQ ISAF (6 July 2009) available at http://www.nato.int/isaf/docu/pressreleases/2009/07/pr090706-tactical-directive.html. 8 Afghan clan rivals 'led US forces to wrong target in Nawabad attack The Times (London) 9 September 2008 available at http://www.timesonline.co.uk/tol/news/world/asia/article4710062.ece. 9 The document of accession is available at http://www.icrc.org/Web/Eng/siteeng0.nsf/html/afganistan-news-240609!OpenDocument. 10 See http://www.nato.int/cps/en/natolive/topics_37356.htm. 11 Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece), available from the ICJ website at http://www.icj-cij.org 12 For information on membership negotiations see "NATO Enlargement" available at http://www.nato.int/cps/en/natolive/topics_49212.htm. 13 Framework document on the establishment of the NATO-Georgia Commission (15 September 2008) available at http://www.nato.int/cps/en/natolive/topics_38988.htm. 14 Statement by the Secretary General on the elections in South Ossetia, Georgia (2 June 2009) available at http://www.nato.int/cps/en/natolive/topics_38988.htm. 15 Security Council fails to adopt Resolution extending mandate of Georgia mission for 2 weeks as Russian Federation votes against the text, U.N. Doc. SC/9681 (15 June, 2009) available at http://www.un.org/News/Press/docs/2009/sc9681.doc.htm. 16 S. C. Res. 881, U.N. Doc. S/RES/881 (4 November 1993). 17 The NATO-Russia Council was created in 2002 as a forum for consultation, consensus-building, cooperation, joint decision and action, further information available at http://www.nato-russia-council.info/htm/EN/index.shtml. |
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