Tag: UN

20 Years and Counting: America’s Vicious Cycle of Intervention in Somalia

Yesterday, the L.A. Times revealed that the United States is equipping and training thousands of African soldiers to fight al-Shabab, the militant wing of the Islamist Somali government. For now, outsourcing the combat to African countries may appear to bring America minimal risk, but Washington’s renewal of its multi-decade attachment to Somalia continues a cycle of deciding its winners and losers. Among an assortment of tribes, clans, and African states fighting for self-serving ends, Washington has handcuffed itself to a hornet’s nest.

The hubris of policymakers who believe they can remedy Somalia’s problems could produce policies that draw more recruits to the cause of militant groups, much as similar policies have in the past. Policymakers have failed repeatedly to bring order to the destitute African state, such as when it descended into clan-based warfare in the early 1990s.

At the time, U.S. officials agreed to enforce a March 1993 U.N. resolution that pledged to rehabilitate Somalia’s economy and reestablish national and regional institutions. State Department official David Shinn spoke of “basically re-creating a country,” while then-U.N. ambassador Madeleine Albright said America’s mission in Somalia “aimed at nothing less than the restoration of an entire country as a proud, functioning and viable member of the community of nations.” The humanitarian mission eventually tasked America’s military with disarming Somali warlords and conducting house-to-house weapons searches. What began as U.S. leaders imbued with the best of intentions eventually ended with our brave military’s ignominious defeat.

Today, the United States fights al-Shabab by proxy. The group poses no direct threat to the security of the United States; however, exaggerated claims about the specter of al Qaeda could produce policy decisions that exacerbate a localized, regional problem into a global one. Amid news that African troops are doing the fighting, but that “The United States is doing almost everything else,” African Union forces could be seen as a puppet proxy of Uncle Sam.

Washington is supplementing the training of African troops with private contractors. Outsourcing makes intervention easier, as policymakers can hide the costs of a mission they have yet to clearly define. Intervention on the cheap also becomes costly in other ways. For a commander in chief who allegedly believes he should take moral responsibility for America’s lethal counterterrorism operations, privatizing intervention allows him and his administration to escape accountability should the forces we train, or the weapons we provide, turn against us or our allies.

Like moths to a flame, disparate Somali groups may rally around the perception they are fighting against the injustice of foreign meddling. Moreover, while military analysts were boasting back in June that al-Shabab could be facing the end of its once-powerful rule, questions surrounding what form of political stability will fill the al-Shabab vacuum remain unasked and unanswered.

The United States began fighting al-Shabab after December 2006, when Washington backed Ethiopia in toppling Somalia’s loose network of Islamist Sharia courts. The intervention backfired. The Islamist movement grew more powerful and today, U.S. officials fear al Qaeda could gain a foothold unless al-Shabab is defeated.

Sadly, America’s history of intervention in Somalia aptly demonstrates the resiliency of unintended consequences. Although developments in Somalia have some observers arguing that America should become more involved, the more reasonable conclusion to draw—looking at the historical record—is that America has tried and failed repeatedly to transform Somalia at an acceptable cost.

Don’t Arm Syria’s Rebels

With the death toll in Syria now climbing above 5,000, and graphic videos and images of the bloodbath flooding the internet, some in Washington have called for arming the Syrian resistance. That option, compared to other alternatives like a NATO-led no-fly zone, seems antiseptic. But America’s arming of rebels will amount to contributing to a worsening situation without a means of reaching a peaceful end state. Restraint, however unpalatable, is the most prudent option in an increasingly intractable situation.

First, there is no clear group in the resistance for Washington to provide arms to, even if that was the policy option chosen. Republican Senator John McCain of Arizona, who has argued most forcefully for arming the rebels, said, “It is time we gave them the wherewithal to fight back and stop the slaughter.” But Sen. McCain stopped short of calling for the direct supply of weapons by the United States, and didn’t mention to whom among the resistance he’d like to lend a helping hand.

No single group or leader speaks on behalf of Syria’s resistance, especially in a country where political loyalty tends to hew to one’s ethnicity, religion, sect, or clan. The Damascus-based National Coordination Committee (NCC), considered weak by some Syrian activists, is still willing to engage the regime in a power-sharing unity government.

The exile-based Syrian National Council (SNC) rejects all contact with the regime of President Bashar al-Assad. SNC seeks recognition from the West, but is viewed by some as a vehicle for monopolizing the uprising. The Free Syrian Army, a disorganized mash-up of disparate rebel groups and government soldiers who have switched sides, has declared its allegiance to the SNC.

The Syrian Muslim Brotherhood has said it’s open to foreign intervention, at first emphasizing Muslim Turkey. Meanwhile, a large portion of Syrian Kurds see Turkey as a primary threat. These rifts persist amid reports of Sunni jihadists entering Syria from Iraq, and fears that al Qaeda may hijack what for many is a struggle for a democratic Syria.

Furthermore, as George Washington University Professor Marc Lynch and others have argued, “boosting rebel fighting capacity” is likely to crystallize Syria’s internal polarization, and do little to weaken the Assad regime politically.

Flooding Syria with weapons, in a conflict the United Nations high commissioner for human rights has described as on the brink of civil war, might be used to justify a heavier government crackdown. U.S. assistance to rebels would vindicate Assad’s narrative that the revolt is a conspiracy of outside forces, including the U.S., Israel, and the Gulf states. It could also stir Sunni elites in Damascus and the relatively quiescent Aleppo to rally around Assad, strengthening his support, rather than weakening it.

Lastly, the civil war won’t end after arming one side. The most infamous instance of backlash was from the U.S. arming rebels in Afghanistan in the 1980s, a country that later turned into an al Qaeda sanctuary.

Today in Syria, the foreign frenzy of weapons pouring in has already resulted in a hot mess. Iranian and Russian arms, along with political support from Lebanon and Iraq, are going to the regime in Damascus and the large portion of minority Shia Alawites who support it. Arms and support from Qatar and Saudi Arabia back the majority Sunnis and other anti-Shia Islamist factions. Whatever this regional and international sectarian proxy war morphs into Washington would do best to stay out of it.

Syria’s deepening slide into civil war looks likely, which can be prevented only by either marshaling international opposition to the Assad regime, something Washington has already attempted to do, or encouraging more defections from within the regime, with the promise of resettlement and amnesty. The current diplomatic policy of waiting for the resistance to congeal and pledge to guard minority rights is prudent and should be pursued.

Sending weapons to rebels might satisfy the outside world’s moral urge to do something immediately, but it also might add to the mayhem, increase the loss of life, and push Syria further away from a stable future. Restraint is the more difficult choice, but the one that serves both the American and the Syrian people better in the long run.

Cross-posted from the Skeptics at the National Interest.

GOP Congressmen: Most Republicans Now Think Iraq War Was a Mistake

In a Thursday panel at Cato on conservatism and war, U.S. Reps. Dana Rohrabacher (R-Calif.) Tom McClintock (R-Calif.) and John Duncan (R-Tenn.) revealed that the vast majority of GOP members of Congress now think it was wrong for the U.S. to invade Iraq in 2003.

The discussion was moderated by Grover Norquist, who asked the congressmen how many of their colleagues now think the war was a mistake.

Rohrabacher:

“I will say that the decision to go in, in retrospect, almost all of us think that was a horrible mistake. …Now that we know that it cost a trillion dollars, and all of these years, and all of these lives, and all of this blood… all I can say is everyone I know thinks it was a mistake to go in now.”

McClintock:

“I think everyone [in Congress] would agree that Iraq was a mistake.”

Watch the clip:

Matthew Hoh: A Great American Patriot

HohFormer Marine captain Matthew Hoh became the first U.S. official known to resign in protest over the Afghan war. His letter of resignation echoes some arguments I have made earlier this year, namely, that what we are witnessing is a local and regional ethnic Pashtun population fighting against what they perceive to be a foreign occupation of their region; that our current strategy does not answer why and to what end we are pursuing  this war; and that Afghanistan holds little intrinsic strategic value to the security of the United States.

In his own words:

The Pashtun insurgency, which is composed of multiple, seemingly infinite, local groups, is fed by what is perceived by the Pashtun people as a continued and sustained assault, going back centuries, on Pashtun land, culture, traditions and religion by internal and external enemies. The U.S. and NATO presence and operations in Pashtun valleys and villages, as well as Afghan army and police units that are led and composed of non-Pashtun soldiers and police, provide an occupation force against which the insurgency is justified….I have observed that the bulk of the insurgency fights not for the white banner of the Taliban, but rather against the presence of foreign soldiers and taxes imposed by an unrepresentative government in Kabul. The United States military presence in Afghanistan greatly contributes to the legitimacy and strategy message of the Pashtun insurgency.

Click here to read the entire letter.

So, what’s the situations like now? Afghanistan’s second-round presidential elections scheduled for early November will do little to change realities on the ground. Counterinsurgency–the U.S. military’s present strategy–requires a legitimate host nation government, which we will not see for the foreseeable future regardless of who’s president.

What’s the political strategy? President Obama has painted himself into a rhetorical corner. He’s called Afghanistan the “necessary war,” even though stabilizing Afghanistan is not a precondition for keeping America safe. We must remember that al Qaeda is a global network, so in the unlikely event that America did bring security to Afghanistan, al Qaeda could reposition its presence into other regions of the world.

Should we stay or should we go? The United States must begin to narrow its objectives. If we begin to broaden the number of enemies to include indigenous insurgent groups, we could see U.S. troops fighting in perpetuity. The president has surged once into the region this year. He does not need to do so again.

This is the deadliest month so far, thoughts? Eight years after the fall of the Taliban regime, Afghanistan still struggles to survive under the most brutal circumstances: corrupt and ineffective state institutions; thousands of miles of unguarded borders; pervasive illiteracy among a largely rural and decentralized population; a weak president; and a dysfunctional international alliance. As if that weren’t enough, some of Afghanistan’s neighbors have incentives to foment instability there. An infusion of 40,000 more troops, as advocated by General Stanley McChrystal, may lead to a reduction in violence in the medium-term. But the elephant in the Pentagon is that the intractable cross-border insurgency will likely outlive the presence of international troops. Honestly, Afghanistan is not a winnable war by any stretch of the imagination.

Curb Your Enthusiasm: Americans Should Not Expect Much from Obama’s Visit to the UN

Barack Obama speaks at the UN general assembly. Photo: Jeff Zelevansky/GettyPresident Obama’s address to the United Nations General Assembly this morning, and his chairing of the UN Security Council on Thursday, is a grand attempt to tell the world–after eight years of George W. Bush–that the United States will no longer go it alone.

The president has a very difficult task, however, if he expects to invest the United Nations with renewed credibility. The UN is a weak and fractured institution, whose limited power and authority has been steadily undermined by a progression of U.S. presidents, both Democrats and Republicans. We should not forget that President Bill Clinton explicitly circumvented the UN Security Council when he chose to intervene militarily in Kosovo in 1999. Clinton’s evasion of the UNSC established a precedent for future military intervention that the Bush administration happily capitalized upon to send troops into Iraq in 2003.

Susan Rice, our current UN ambassador, endorsed this approach in 2006 when she called for U.S. military action against Sudan. Prior UN approval of such a mission was unlikely, but ultimately unnecessary, Rice argued at the time, because of the precedent set by President Clinton in Kosovo.

For American policymakers who have demonstrated such disdain for the UN in the past to now profess great respect for the institution should not surprise us. The UN is only as relevant as the member states wish it to be. In areas of common concern, the desire to cooperate and compromise may temporarily trump concerns over protecting state sovereignty and preserving freedom of action to deal with urgent security threats. In most cases, however, we can expect the member states, with the United States in the lead, to pursue policies that they believe (not always correctly, as we learned in Iraq) will advance their security. And if the UN weakly sanctions such actions after the fact, or refuses to do so, that will only reveal its irrelevance.

McChrystal’s Assessment

General-Stanley-McChrysta-001In his review of the war in Afghanistan,  states that “failure to gain the initiative and reverse insurgent momentum in the near-term (next 12 months)—while Afghan security capacity matures—risks an outcome where defeating the insurgency is no longer possible.”

I would hope that Congress and the American people hold McChrystal to his “12 month” prediction, because if President Obama sticks to McChrystal’s ambitious strategy, U.S. forces could remain in Central Asia for decades.

McChrystal argues that the U.S. military must devote more effort to interacting with the local population and elevating the importance of governance. How? Does America defeat the Taliban in order to build an Afghan state, or does America build an Afghan state in order to defeat the Taliban? Winning the support of the population through a substantial investment in civilian reconstruction cannot take place without some semblance of stability on the ground. The mission’s multi-disciplinary approach (“an integrated civilian-military counterinsurgency campaign”) is understandable, but oftentimes its feasibility is simply assumed.

Unfortunately, the United States has drifted into an amorphous nation building mission with unlimited scope and unlimited duration. Our objective must be narrowed to disrupting al Qaeda. To accomplish that goal, America does not need to transform Afghanistan into a stable, modern, democratic society with a strong central government in Kabul—or forcibly democratize the country, as our current mission would have us do, or as McChrystal states “Elevat[ing] the importance of governance.” These goals cannot be achieved at a reasonable cost in blood and treasure in a reasonable amount of time—let alone the next 12 months.

Growing and improving the effectiveness of the Afghan National Security Forces (ANSF) seems limited and feasible. A focused mission of training the ANSF means America must support, rather than supplant, indigenous security efforts. Training should be tied to clear metrics, such as assessing whether some Afghan units can operate independent of coalition forces and can take the lead in operations against insurgents. Training the ANSF is not a panacea, and I go through its potential problems here in a Cato white paper.

Denying a sanctuary to terrorists who seek to attack the United States does not require Washington to pacify the entire country or sustain a long-term, large-scale military presence in Central Asia. Today, we can target al Qaeda where they do emerge via air strikes and covert raids. The group poses a manageable security problem, not an existential threat to America. Committing still more troops would feed the perception of a foreign occupation, weaken the authority of Afghan leaders, and undermine the U.S.’s ability to deal with security challenges elsewhere in the world.

Bagram, Habeas, and the Rule of Law

Andrew C. McCarthy has an article up  at National Review criticizing a recent decision by Obama administration officials to improve the detention procedures in Bagram, Afghanistan.

McCarthy calls the decision an example of pandering to a “despotic” judiciary that is imposing its will on a war that should be run by the political branches. McCarthy’s essay is factually misleading, ignores the history of wartime detention in counterterrorism and counterinsurgency, and encourages the President to ignore national security decisions coming out of the federal courts.

More details after the jump.

McCarthy is Factually Misleading

McCarthy begins by criticizing a decision by District Judge John Bates to allow three detainees in Bagram, Afghanistan, to file habeas corpus petitions testing the legitimacy of their continued detention. McCarthy would have you believe that this is wrong because they are held in a combat zone and that they have already received an extraordinary amount of process by wartime detention standards. He is a bit off on both accounts.

First, this is not an instance where legal privileges are “extended to America’s enemies in Afghanistan.” The petition from Bagram originally had four plaintiffs, none of whom were captured in Afghanistan – they were taken into custody elsewhere and moved to Bagram, which is quite a different matter than a Taliban foot soldier taken into custody after an attack on an American base. As Judge Bates says in his decision, “It is one thing to detain t

hose captured on the surrounding battlefield at a place like Bagram, which [government attorneys] correctly maintain is in a theater of war. It is quite another thing to apprehend people in foreign countries – far from any Afghan battlefield – and then bring them to a theater of war, where the Constitution arguably may not reach.”

Judge Bates also took into account the political considerations of hearing a petition from Haji Wazir, an Afghan man detained in Dubai and then

moved to Bagram. Because of the diplomatic implications of ruling on an Afghan who is on Afghan soil, Bates dismissed Wazir’s petition. So much for judicial “despotism” and judicial interference on the battlefield, unless you define the world as your battlefield.

Second, the detainees have not been given very much process. Their detentions have been approved in “Unlawful Enemy Combatant Review Boards.” Detainees in these proceedings have no American representative, are not present at the hearings, and submit a written statement as to why they should be released without any knowledge of what factual basis the government is using to justify their detention. This is far less than the Combatant Status Review Tribunal procedures held insufficient in the Supreme Court’s Boumediene ruling.

Yes, Fix Detention in Afghanistan

McCarthy then chides the Obama administration for trying to get ahead of the courts by affording more process to detainees: “See, we can give the enemy more rights without a judge ordering us to do so!”

Well, yes. We should fix the detention procedures used in Afghanistan to provide the adequate “habeas substitute” required by Boumediene so that courts either: (1) don’t see a need to intervene; or (2) when they do review detention, they ratify the military’s decision more often than not.

Thing is, the only substitute for habeas is habeas. Habeas demands a hearing, with a judge, with counsel for both the detainee and the government, and a weighing of evidence and intelligence that a federal court will take seriously. If the military does this itself, then the success rate in both detaining the right people and sustaining detention decisions upon review are improved.

This is nothing new or unprecedented. Salim Hamdan, Usama Bin Laden’s driver, received such a hearing prior to his military commission. The CSRT procedures that the Bagram detainees are now going to face were insufficient to subject Hamdan to a military commission, so Navy Captain Keith Allred granted Hamdan’s motion for a hearing under Article V of the Geneva Conventions to determine his legal status.

Allred found that Hamdan’s service to Al Qaeda as Osama Bin Laden’s driver and occasional bodyguard, pledge of bayat (allegiance) to Bin Laden, training in a terrorist camp, and transport of weapons for Al Qaeda and affiliated forces supported finding him an enemy combatant. Hamdan was captured at a roadblock with two surface-to-air missiles in the back of his vehicle. The Taliban had no air force; the only planes in the sky were American. Hamdan was driving toward Kandahar, where Taliban and American forces were engaged in a major battle. The officer that took Hamdan into custody took pictures of the missiles in Hamdan’s vehicle before destroying them.

Hamdan’s past association with the Ansars (supporters), a regularized fighting unit under the Taliban, did not make him a lawful combatant. Though the Ansars wore uniforms and bore their arms openly, Hamdan was taken into custody in civilian clothes and had no distinctive uniform or insignia. Based on his “direct participation in hostilities” and lack of actions to make him a lawful combatant, Captain Allred found that Hamdan was an unlawful enemy combatant.

Hamdan’s Article V hearing should be the template for battlefield detention. Charles “Cully” Stimson at the Heritage Foundation, a judge in the Navy JAG reserves and former Bush administration detainee affairs official, wrote a proposal to do exactly that, Holding Terrorists Accountable: A Lawful Detention Framework for the Long War.

The more we legitimize and regularize these decisions, the better off we are. Military judges should be writing decisions on detention and publishing declassified versions in military law reporters. One of the great tragedies of litigating the detainees from the early days in Afghanistan is that a number were simply handed to us by the Northern Alliance with little to no proof and plenty of financial motive for false positives. My friends in the service tell me that we are still running quite a catch-and-release program in Afghanistan. I attribute this to arguing over dumb cases from the beginning of the war when we had little cultural awareness and a far less sophisticated intelligence apparatus. Detention has become a dirty word. By not establishing a durable legal regime for military detention, we created lawfare fodder for our enemies and made it politically costly to detain captured fighters.

The Long-Term Picture

McCarthy, along with too many on the Right, is fixated on maintaining executive detention without legal recourse as our go-to policy for incapacitating terrorists and insurgents. In the long run we need to downshift our conflicts from warmaking to law enforcement, and at some point detention transitions to trial and conviction.

McCarthy might blast me for using the “rule of law” approach that he associates with the Left and pre-9/11 counterterrorism efforts. Which is fine, since, just as federal judges “have no institutional competence in the conduct of war,” neither do former federal prosecutors.

Counterterrorism and counterinsurgency are not pursued solely by military or law enforcement means. We should use both. The military is a tool of necessity, but in the long run, the law is our most effective weapon.

History dictates an approach that uses military force as a means to re-impose order and the law to enforce it. The United States did this in Iraq, separating hard core foreign fighters from local flunkies and conducting counterinsurgency inside its own detention facilities. The guys who were shooting at Americans for a quick buck were given some job training and signed over to a relative who assumed legal responsibility for the detainee’s oath not to take up arms again. We moved detainees who could be connected to specific crimes into the Iraqi Central Criminal Court for prosecution. We did all of this under the Law and Order Task Force, establishing Iraqi criminal law as the law of the land.

We did the same in Vietnam, establishing joint boards with the Vietnamese to triage detainees into Prisoner of War, unlawful combatant, criminal defendant, and rehabilitation categories.

The Washington Post article on our detention reforms in Afghanistan indicates that we are following a pattern similar to past conflicts. How this is a novel and dangerous course of action escapes me.

Who’s the Despot Here?

McCarthy points to FDR as a model for our actions in this conflict between the Executive and Judiciary branches. He says that the President should ignore the judgments of the courts in the realm of national security and their “despotic” decrees. I do not think this word means what he thinks it means.

FDR was the despot in this chapter of American history, threatening to pack the Supreme Court unless they adopted an expansive view of federal economic regulatory power. The effects of an expansive reading of the Commerce Clause are felt today in an upending of the balance of power that the Founders envisioned between the states and the federal government.

McCarthy does not seem bothered by other historical events involving the President’s powers as Commander-in-Chief in the realm of national security. The Supreme Court has rightly held that the President’s war powers do not extend to breaking strikes at domestic factories when Congress declined to do so during the Korean War, trying American citizens by military commission in places where the federal courts are still open and functioning, and declaring the application of martial law to civilians unconstitutional while World War II was under way.

The Constitution establishes the Judiciary as a check on the majoritarian desires of the Legislature and the actions of the Executive, even during wartime. To think otherwise is willful blindness.