A Look At the U.S.-Afghan "Security And Defence Cooperation Agreement"
10 November 2014
By Al-Ikhwah Al-Mujahidun
In the name of Allah the Merciful the Beneficent
All praise be to Allah Almighty the Lord of the
Universes. Peace and prayers be upon His messenger,
Muhammad SAW, and his family and companions.
Dear Readers, as you may be aware, this year, on 8
Mizan 1393 (Solar Hijri) the powerless new government
of Ashraf Ghani signed the Security Agreement with the
U.S. and NATO states thus giving empty pretext to
continued foreign occupation of Afghanistan. This
agreement had been signed after a fraudulent election
which resulted in open US intervention in support of
installing their candidate, Ashraf Ghani, who in
return showed his loyalty to his American masters by
signing the Agreement within 24 hours of being sworn
in as the new president. The haste with which the
Ghani regime signed this Agreement, despite the
opposition of the masses, the religious scholars, the
legal experts, and other influential and political
figures betrays the loyalty of Ghani and his
colleagues to the American over their own national
interests. This haste also shows that the turbulence
following the elections was engineered by the
Americans so that they could compel the new government
to sign the Agreement without demanding any changes to
it. This Agreement however, signed by a few
American-Afghans under duress, and in opposition to
the wishes of the Afghan people holds no legal
grounding. Not only is this Agreement null and void
under Islamic law but also it is so under
international law.
In this brief article we will look at the various
aspects of this Agreement, analyzing their
implications so that we can make our nation aware of
the dangers that lie hidden within this contract.
The legal status of this Agreement under Islamic Law:
This Agreement is in clear violation of Islamic law
and therefore null and void under it. This Agreement
is a long-term agreement of alliance and mutual
assistance with the American infidels which is in
clear violation of Allah's commands prohibition such
relations with the Jews and Christians (refer
SuratNisa' verse 122 and Surat Maida verse 51). This
Agreement allows an unspecified number of US troops to
stay in Afghanistan along with military weaponry,
warplanes, helicopters, missiles and other military
hardware. Under Islamic law there are very specific
conditions under which non-believers can stay in an
Islamic country. In Islamic law only those
non-believers can stay in Islamic lands whom are
eitherdhimmiormusta'min.Dhimmiare
those that are citizens of the Islamic state and
consent to all the laws of the land.Musta'minare
those non-believers who have come from a non-Islamic
land and being given permission by the state to travel
to Islamic lands without any weapons or without
attempting to sabotage Islamic lands. Outside of these
two conditions, under no circumstances are
non-believers allowed to stay in Islamic lands.
Americans who invaded our country by force, and who
now want to give legal cover to their continued
occupation do not fall under either of these
categories. Therefore their occupation of Afghanistan
and the Agreement which purports to give them this
right are null and void under Islamic law, placing a
duty upon all Muslims to oppose their presence in the
country.
Under Islamic law, in the field of battle, Muslims,
keeping their interests in view, are allowed to sign
ceasefire agreements with non-believer belligerent
forces. They are then obliged to respect this
agreement and adhere to it in good faith. Outside of
these circumstances, Islamic law does not allow for
any agreements that enables non-believer forces to
build military bases in Muslims lands, giving them
exemption from Islamic laws and giving them free rein
to kill and capture Muslims in the land. Such
agreements have no grounding in Islamic law and are
considered illegal and unenforceable. Allah Almighty
states:And
never will Allah allow infidels a way on the believers(i.e.
giving them supremacy over Muslims) (SuratNisa' verse
161). From this maxim Islamic scholars hold that never
can a Muslim become a slave to non-believers. When a
single Muslim is not allowed to become property of a
non-believer then how can it be allowed for a whole
Muslim and independent nation to be enslaved to an
infidel nation? The ProphetPeace
be upon himstated:Islamic
will be supreme and nothing will be superior over it(Baihaqi).
This also explicates that non-believers scan never be
superior over believers.
In numerous occasions in the Quran, Allah Almighty has
prohibited Muslims from allying with infidels or
inclining towards them. Allah SWT states:Oh
believers do not ally with My enemies or your enemies,
by allying with them you want to send them a message
(of peace) while indeed they defy that truth sent upon
you(Surat
al Mumtahinah verse 1). He Almighty also states:And
do not incline towards those who transgress or else
the fire will be upon you, and none other than Allah
will be your friends and none will be able to assist
you(SuratHud
verse 113). He Almighty also states:Give
glad tidings to the hypocrites that a painful torment
awaits them. (They are) those whom take infidels as
their allies instead of believers. Do they look for
glory with the infidels? Indeed all glory is with
Allah(SuratNisa'
verses 138-140).
Previously it has been stated that any Agreement of
alliance with the non-believers is invalid under
Islamic law. Even if we assume that such an agreement
with the non-believers is valid, it cannot be valid at
the hands of the Kabul regime. Any such agreement must
be signed by the leaders of the Muslim, theKhalifa.
Americans have not signed this Agreement with themujahideen.
Instead it has signed it with its own puppet
government, installed by them and surviving on
American sustenance. As Imam Muhammad states, any
agreement signed by non-believers with Muslims who are
surrounded or imprisoned by them, holds no validity.
This is because any agreement signed under duress must
surely be to the detriment of Muslim and the benefit
of the non-believers. Therefore any such agreement is
null and void.
From the above arguments it can be deduced that any
agreement of alliance with non-believer is invalid
under Islamic law. Even if we assume it to be valid,
because this Agreement is geared towards prohibited
ends, therefore it (the Agreement) itself becomes
prohibited. It is an Islamic maxim any act which might
by itself be allowed, but when it is geared towards
prohibited acts or mixed with prohibited items, itself
becomes prohibited. This maxim states:the
means towards the obligatory are obligatory themselves
and the means towards prohibited are prohibited
themselves(Musallim
al Suboot). The military presence of Americans in
Afghanistan have resulted in the ideological invasion
of our country, illegal occupation, killings of
Afghans, looting of property, bombings of civilians
and the spread of vice. That all the above prohibited
actions are the result of foreign occupation, and this
Agreement enables the continuation of these illegal
actions, therefore this Agreement itself is considered
illegal in Islamic law.
Another Islamic maxim holds that if an item is
collectively owned, and a group from with this
collection (without the consent of the remaining
members) sells this items or disposes of it in anyway
then this transaction is considered invalid. All the
land and airspace of Afghanistan is under the
collective ownership of the Afghan people, if a person
such as Ashraf Ghani or HanifAtmar decide to give part
of this land or airspace to the Americans for their
use, then their agreement is invalid and the Afghan
nation is under no compulsion to adhere to such an
agreement. From the above arguments it has become
clear that this Agreement is invalid and holds no
weight under Islamic law.
The technical and legal defects of this Agreement:
This Agreement states that
Americans are not allowed to conduct operations
outside of Afghanistan or against any foreign forces.
However we can all see that daily American forces
conduct drone strikes in the tribal belt of Pakistan.
This clearly proves that Americans pay no respect
towards the legal clauses of this Agreement. Rather
they are only interested in the clause that gives them
legal cover to continue their occupation of
Afghanistan.
In this cleverly crafted Agreement the Americans have
managed to completely dupe the Kabul authorities. In
many clauses Americans have avoided the clauses
'America agrees' and 'America shall' and instead
inserted 'America will seek to' or 'America will work
to' or 'America may' thus avoiding any legal
obligation to fulfil its obligations.
In Article 4, clause 6, Afghanistan has been
designated as 'a Major Non-NATO Ally'. Afghanistan
which has long pursued a policy of neutrality, risks
facing major challenges as a result of this
designation. Aligning with the West in a military
sense could prove disastrous for Afghanistan. On the
one hand the Shanghai Cooperation Organisation is
trying to strengthen its presence in the Asian
continent, on the other hand Russia is now embroiled
in a cold war with the west over the recent events in
Ukraine and Syria. Moreover resentment towards America
is on the increase in Afghanistan's neighboring
states. In such a politically charged environment
Afghanistan's alignment with NATO could provoke
hostility and embroil Afghanistan with the wider
region.
Looking at the contents of the Agreement it becomes
quite clear that this Agreement is not aimed at the
security of Afghanistan, rather it enhances U.S.'s
interests in the wider region. Article 6 stipulates:
"The Unites States shall regard with grave concern any
external aggression or threat of external aggression
against the sovereignty, independence, and territorial
integrity of Afghanistan… In the event of external
aggression or the threat of external aggression
against Afghanistan, the Parties shall hold
consultations on an urgent basis to develop and
implement an appropriate response..."
If this Agreement was indeed aimed at the security of
Afghanistan then this Agreement should have clearly
stipulated that United States would take all measures
necessary to preserve the territorial integrity and
sovereignty of Afghanistan. If America considers her
obligation to be the mere expression of grave concern
(in such an eventuality) then surely she can do so
from American soil as well. Why does she need to
station troops in order to do so? Clearly the
stationing of such troops serves no other purpose than
advancing U.S. interests in the region.
Article 13 of this Agreement stipulates that:
"Afghanistan agrees that the United States shall have
exclusive right to exercise jurisdiction over such
persons [i.e. members of the force and of the civilian
component] in respect of any criminal or civil
offenses committed in the territory of Afghanistan…
Members of the force and of the civilian component
shall not be arrested or detained by Afghan
authorities for any reason... Afghanistan and the
United States agree that members of the force and of
the civilian component may not be surrendered to, or
otherwise transferred to, the custody of an
international tribunal or any other entity or state…"
This Article, in effect, gives American military and
its civilian personnel complete immunity from crimes
committed on Afghan soil. In effect they can do as
they please, such as kill, steal, commit adultery,
kidnap, spy, flaunt human rights, loot historical
artifacts, and other crimes and the Afghan government
is powerless to stop them. These personnel are
responsible to U.S. authorities only. In the past when
American troops committed such crimes the Afghan
government at least had the right to protest. Now theArg(Presidential
Palace) authorities have accepted that U.S. troops are
exempt from any judicial oversight. What this Article
means is that should American troops commit a repeat
of the Azizabad massacre, or the barbarity of Zangawat
or the burning of Qurans (such as in Bagram) then
Afghan authorities have not right of protest as they
have granted them judicial exemption.
In addition to protecting their personnel, the
Americans have also taken great care to protect their
security contractors as well under this Agreement.
American security contractors are those non-military
personnel whom, acting as a militia or mercenary army,
are utilized by the Americans for military purposes.
Just like the local militias committed widespread
killings, robbing, looting, kidnapping and smuggling,
similarly these American contractors have reportedly
committed all these crimes albeit on a bigger scale.
And the fact that they are American contractors means
that they likely will never be held accountable for
their crimes.
Article 15 relating to 'Entry and Exit' stipulates
that 'Members of the force and members of the civilian
component may enter or exit Afghanistan at agreed
facilities and areas at locations… Passports and visas
shall not be required. Such personnel shall be exempt
from Afghan law and regulations on registration and
control of foreign nationals.' Therefore Afghan
officials have retained no right to investigate or
regulate their movement. Instead they are exempt from
all controls and regulations regarding the movement of
foreign personnel. Similarly American military and
civilian vehicles, ships and aircraft are exempt from
any investigation or search regulations.
Under this Article the foreign troops and their
civilian components have been given even more rights
than the Afghans themselves. The Americans will be
well poised to exploit these freedoms in order to
steal historical artifacts, cultural valuables,
chemical resources or other material from Afghanistan.
Afghanistan natural resources are for the most part
unexplored. One of the aims of the current invasion
was to exploit our natural resources. America's
prolonged presence in Afghanistan, coupled with the
freedoms provided in the above Article make
astoundingly easy for Americans to exploit
Afghanistan's natural resources and transfer them out
of here.
Article 16 of the Agreement provides that 'United
States forces and United States contractors may import
into, export out of, re-export out of and use in
Afghanistan any equipment, supplies, material,
technology, training, or services. The importation,
exportation, re-exportation, transportation, and use
of any articles brought into Afghanistan pursuant to
paragraphs 1 and 2 of this Article shall not be
subject to restrictions, such as licensing,
inspection, or verification… or taxes and customs
duties or other charges assessed by government
authorities in Afghanistan.' Again we see Americans
being exempted from all responsibilities that are
usually exercised by governments over aliens or their
own nationals. Afghanistan's greatest asset is its
strategic location. It can capitalize on its location
in international business, air transit and
international transactions. It lies at the cross-roads
of the old Silk Road and is considered the gateway to
Central Asia. Hence it can capitalize on its location
to attract business and enhance its economy.
Unfortunately because Afghanistan has placed all its
strategic embarkation and disembarkation ports at the
disposal of the Americans, it has relinquished its
right to capitalize on these gains. Moreover not only
has the Kabul regime relinquished this right for
itself, it has also bereft the Afghan people from
capitalizing from their collective property.
Under this Agreement, Afghanistan has granted all its
strategic transit points and airports for American
services. Americans have access to military structures
in Kabul, Bagram, Mazar Sharif, Herat, Kandahar,
Helmand, Gardez, Jalalabad and Shindand. All being the
most strategic locations in Afghanistan. In addition,
all of Afghanistan's major air facilities such as
Kabul International Airport, Herat International
Airport, Kandahar Airport, Shindand Airport, Mazar
Sharif Airport and Helmand Airport have all being
officially granted to the Americans. To facilitate the
transit of American military hardwares, Afghanistan's
border crossings at Torkham, Spin Boldak, Tor Ghondi,
Sher Khan and Hairatan have also been made available
for the foreign troops while the door has also been
left open for them to use additional bases, border
crossings and airports if needs arise.
The biggest financial resources of Afghanistan are the
above mentioned airports and border crossings hence
this is the biggest known felony in the history of our
country that such facilities are furnished to the
Americans without monetary charges, levy or rent. No
one on this planet surrenders an empty room to another
without compensation however the American stooges have
handed over the control of the country's lifeline to
their masters without charging a cent.
Publically the officials of Arg claim that in return
for giving up bases and other facilities to the
Americans, aid will be granted to the ruling regime
however nowhere in the body of the Agreement has a
clause been placed specifying the amount of aid
(financial or other) to be given to the Afghan side
monthly or yearly; a vague term has been deemed
satisfactory that America shall back and assist the
Afghan government. If America solely works for its own
interests within the framework of this Agreement and
stops all aid to the Kabul government, the Arg
officials will have no legal right to protest because
the Americans, as aid givers, are not obliged to hand
over anything specific as stated in the Agreement.
According to the Agreement, the Americans have the
right to control a private frequency to air their
programs, are granted such communication channels and
postal service which is exempt from being tracked or
inspected by the Afghan side. With such provisions the
Americans are able to change the location of their
Intel bases inside Afghanistan and similarly can
launch propaganda war against Afghanistan or its
neighboring states which can only be detrimental to
Afghanistan. America had complete control of the
communication spectrum inside Afghanistan long before
this and with their continued presence, the violation
of this Afghan sanctity shall carry on unabated and
with it the Americans shall blackmail and exploit
anyone they wish for their interests.
American objectives attained by Agreement:
America wants to stay inside Afghanistan for a
prolonged period until they are forced out. For
protracted presence she needed such an Agreement with
which she could deceive the Afghans and depict it as a
legal document through the power of its propaganda
machine. Therefore it conducted a several year
campaign for the signing of this Bilateral Security
Agreement, setup a drama under the title of 'Loya
Jirga' followed by getting the Agreement signed by
those officials which were appointed and brought to
power by their direct interference.
America could have prolonged its presence inside
Afghanistan by invoking the International Security
Council of the United Nations but in order to fool the
simple ordinary people and achieve superficial
validity it extended its presence in form of a
Security Agreement with the government in power and
there are many reasons why America wishes for a
continued stay here.
Afghanistan from every angle is a place of hope and an
impregnable fortress in face of the international Kufr
(infidelity), its people are staunch believers and
blessed with Jihadi fervor, its location is extremely
strategic, is situated on Asia's high ground and its
terrain is mountainous. Afghanistan is located in a
sensitive area with access to the rich Central Asia,
economic juggernaut China, nuclear armed south Asia
and Iran. Its second name is 'The Graveyard of
Empires' and its history teaches its people and the
world the meaning of Jihad and freedom. America which
dreams of controlling the planet cannot afford to let
an Independent Islamic government rule here. Her main
goal here is to crush the spirit of Islamic rule,
Jihad and independence in this nation.
After the fall of Communism, the prime enemy of the
western infidels became Political Islam the adherents
of which they refer to as 'Islamists'. The West at the
head of which is America can never tolerate the
formation of a true Islamic government in any corner
of the world or allow rule of Shariah, propagation of
Islamic thought and other Islamic reform works to take
place. To counter Islamic awakening they not only
install irreligious, tyrannical westernized coup
d'état regimes and anti-Islamic groups and individuals
but launch direct attacks on Muslim countries on top
of intense propaganda wars as well as build bases in
Muslim lands to complete their occupation in order to
fully suppress the Muslims and Islamic thought.
America with its presence in Afghanistan not only
wants to repress true Muslims and Islamic though in
this nation rather it wants to directly confront all
Islamic awakening movements in the neighboring
countries and the broader region for which America has
already been waging military, propaganda and covert
wars.
Following fall of the Soviet Union, America considers
itself the world's sole super power. They label the 21stCentury
as the American Century and are implementing their
plan through the 'New World Order' project which hopes
toAmericanizethe
planet through political, economical, military,
cultural and various other means. The Muslim world
must accept America's leadership; China and Russia
must be controlled, their ground and influence sphere
kept limited and they must never be allowed to turn
into a world power that poses a challenge to American
supremacy. In order to achieve these goals America has
a need to set up military bases, intelligence and
surveillance centers as well as airbases across the
globe. Since Afghanistan has a geographically
strategic position in the heart of Asia therefore
American wants to retain a robust prolonged presence
here to meet any challenge presented by its deemed
foes.
Petroleum and Gas are critically important elements in
today's world, powering the planet's vital lifeline.
America has an eye on the untapped resources of
Central Asia as they project supplies to dwindle in
the Middle East hence it is trying to monopolize this
arena as well and wants to become its exporter
worldwide just as they currently are in the Khaleej.
To achieve this objective, America must maintain
military bases in Afghanistan and have control over
its land and airspace. If America were to reach this
goal then it will be another deep foundational blow to
the Islamic Ummah as the International infidelity once
again strengthens itself physically and economically
with the resources of the Muslims like its ongoing
looting in the Middle East.
To summarize the goals of the American military
presence in Afghanistan then one can say they are:
America wants to force the Afghans to accept their
international dominance, cultivate the system of
western democracy, 'Westernize' the Afghans by
spreading irreligiosity, nudity, western culture and
other destructive behavior so that the upcoming
generation is apparently Afghan but with creed,
thoughts, behavior and character of a pure American.
On top of this, they want to loot the untapped
resources of this nation like the rare Uranium and
Lithium chemical compounds while forever keeping the
country weak and dependant on assistance so it can be
fully exploited.
We must accept that the prolonged presence of America
inside Afghanistan is very dangerous. Kufr (disbelief)
is absolute evil and the presence of disbelievers on
the land of Islam under whatever pretext is
detrimental to the Muslims. The dream of an Islamic
government in Afghanistan, application of Islamic
Shariah, reform of the future Afghan generations and
other religious aspirations seem far-fetched with
their existence. Their presence will lead to the
spread of western culture, christianity, iireligiosity,
nudity and other immoralities. They could possibly
operate private media channels, educational institutes
and other tools of recruitment from inside their
bases, absorbing many Afghans. Since they are exempt
from all inspections inside their bases they could
initiate deviation programs for the future generations
on a large scale basis.
Their bases will be the recruitment and deployment
centers for spies while they operate their
reconnaissance aircraft including Reaper Drones to
target their opponents not only in Afghanistan but
south and central Asia as well as the border regions
of Iran which is big threat for all Islamic and Jihadi
movements in the region. They will use these bases to
project their power and intimidate Russia, China, Iran
and even Pakistan and since these facilities are based
in Afghanistan and operated with its approval in form
of an Agreement therefore these nations shall view
Afghanistan as an enemy and engage in destructive
proxy wars. The Americans will use these bases as a
hub for propaganda, intelligence, logistics and other
things.
A tried and true historical fact is that a pact
between a weak and powerful party ties the hands of
the weak and sharpens the sword of the mighty. The
Agreement between the Arg and America can be viewed in
the exact same light. America will never stick to
their end of the Agreement while the Afghan side will
be forced to adhere to every condition and all their
facilities will be fully exploited.
Afghanistan is the land of Islam and Americans are a
transgressing infidel force which has invaded this
soil and has erected bases through a deceitful accord.
When a land of Islam is invaded then Jihad becomes an
individual duty of every nearby Muslim. If these
Muslims are unable to repel this enemy then Jihad
becomes obligatory on Muslims close to them and if the
effort of every Muslim is needed to drive back this
enemy then Jihad becomes an individual obligation on
everyone. With the invasion of Afghanistan by America,
Jihad has become an individual obligation on other
Muslims as well and not just the Afghans. Now that
America has plans for a prolonged presence, the
Muslims must renew their pledge of Jihad against the
American infidels. If America is left alone peacefully
on this land of Islam, it will have destructive
repercussions. To combat America, a very comprehensive
military, educational, cultural, propagation, academic
and propaganda struggle needs to be put into motion.
It is not wrong to assume that America cannot be
pushed out once its sets foot rather this is just
empty propaganda, a part of the enemy psychological
warfare following the footsteps of its predecessor the
Soviet Union which also pushed the notion and compared
their involvement in a region to the foot of an
elephant, once planted its removal in beyond human
ability. We witnessed the Soviet elephant's feet
chopped off in Afghanistan, disintegrated never to be
heard of again.
In reality no one has ever fought America but has been
dealt a defeat each time she is countered. Vietnam and
Somalia are witnesses of these setbacks and we also
observed America suffer humiliating defeats on the
battlefields of Iraq and Afghanistan.
Allah Almighty grants success to His slaves according
to ones effort and will. The higher the ambition and
the stronger the will, success and victory by Allah
will be the same in proportion. If we have deep
conviction that we can defeat the infidel America with
our bare hands while solely relying on Allah Almighty
alone then He will surely grant us the same amount
strength and divine help.
One should never think that they will be able to live
a life of honor and dignity with and American military
presence and under the shade of an American erected
government. If we want to know about life under the
shadow of the Americans then look no further than
Japan, South Korea and their crimes in other countries
where they have military presence. Just look the
oppression, transgression, embezzlement and other
crimes of the American soldiers in countries where
they abuse immunity from local law.
If America treats Japan, which until recently had the
second strongest economy and America was in desperate
need for maintaining good ties, in such an undignified
and degrading manner how do you think they will treat
Afghanistan? a country which functions on American
rations and even pays the salaries of its employees
from the American aid.
In summary, just like how Jihad against America is
religiously binding on every Muslim similarly it is
recommended for anyone who wants to live a free
dignified human life. We must understand that bliss,
peace, brotherhood, security and advancement are not
achievable so long as this evil is present here.