Law of occupation vs. lus Post Bellum significance of Provincial Reconstruction Teams in Afghanistan

Abstract

The establishment of the Provincial Reconstruction Team (PRT) by the Coalition forces in Afghanistan has blurred the lines between military and civilian targets and has affected the principle of distinction. This paper argues the legality of PRT s activity in Afghanistan and raises general questions addressing legal challenges resulting out of modern armed conflict. This issue is particularly important especially taking into consideration that modern armed conflict overlaps with responsibility to rebuild of the country where the conflict takes place. The paper was divided into five substantial parts: Humanitarian law vs. modern conflict - which addresses the law applicable during conflicts of our times; modern counterinsurgency - which describes a new approach toward asymmetric conflicts; Provincial Reconstruction Team - which addresses a notion of a vital element of a counterinsurgency effort; Law of occupation from the perspective of modern conflicts - which discuss that law of occupation is not longer as relevant as it was at the time of its creation; Is there a need for a new law? - which argues that above mentioned concepts leads to necessity to critically approach some element of humanitarian law.