This paper was presented at a seminar conducted by the University of Leicester.The laws of war seek to distinguish between combatants and non-combatants, and to impose limits in the conduct of war, especially proportionality in the use of force. This paper will address some ethical questions in the light of the US response to 9/11 and the rules under which the US\ud waged war in Afghanistan without distinguishing between combatants and non-combatants. This unlawful war has been escalated from Afghanistan to the borderlands of Pakistan. How this prolonged war can be won under the present rules of engagement remains a question debated in\ud this paper
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