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Since ISAF expansion in 2003, NATO has been trying to field more troops andequipment, but it took NATO more than a year, from 2003 to 2004, to deploy a fewtransport helicopters. 16Some European NATO members are resisting unification of command with theCoalition that might lead to their troops’ participation in counterinsurgency operationsand lead them to turn over detainees to the U.S. government, in whose custody they risktreatment in violation of international humanitarian law. 17 They have now decided to turnprisoners over to the Afghan government on the condition that prisoners will neither beexecuted nor turned over to U.S. custody. Several troop contributors also have adoptednational caveats for other reasons, even against proactive patrolling and measures to pressfor demobilization of militias. Success in Afghanistan, however, requires NATOcontributors to find a way to carry out the mission while respecting international law,despite obstacles posed by the U.S. administration.Recommendation:• Troop contributors should adopt a common mission and rules of engagement,rather than insist on national caveats, even if this requires bilateral agreement withthe Afghan government on treatment of prisoners or constructing separatedetention facilities, to assure respect of Common Article 3 of the GenevaConventions.Provincial Reconstruction TeamsThe PRT terms of reference now state that they will “assist the Islamic Republic ofAfghanistan to extend its authority, to facilitate the development of a stable and secureenvironment in the identified area of operations, and enable SSR and reconstruction16 During his October 2005 trip to Kabul, NATO Secretary-General Jaap de Hoop Scheffer announced thatNATO would increase its force in Afghanistan to as many as 15,000 soldiers and will take oncounterinsurgency operations as it expands its mission into southern Afghanistan in the coming months.See Carlotta Gall, “NATO to Expand Force and Task In Afghanistan,” New York Times, October 7, 2005.17 Eric Schmitt and David S. Cloud, “United States May Start Pulling Out of Afghanistan Next Spring,”New York Times, September 14, 2005; James Travers, “Smart Move to Sidestep Afghanistan PrisonControversy,” The Hamilton Spectator (Ontario, Canada), March 4, 2006.18