Topic: Foreign Policy and National Security

Civil Liberties and President Barack W. Bush?

It’s fair to say that civil liberties and limited government were not high on President George W. Bush’s priorities list.  Indeed, they probably weren’t even on the list.  Candidate Barack Obama promised “change” when he took office, and change we have gotten.  The name of the president is different.

Alas, the policies are much the same.  While it is true that President Obama has not made the same claims of unreviewable monarchical power for the chief executive–an important distinction–he has continued to sacrifice civil liberties for dubious security gains.

Reports the New York Times:

Civil libertarians recently accused President Obama of acting like former President George W. Bush, citing reports about Mr. Obama’s plans to detain terrorism suspects without trials on domestic soil after he closes the Guantánamo prison.

It was only the latest instance in which critics have argued that Mr. Obama has failed to live up to his campaign pledge “to restore our Constitution and the rule of law” and raised a pointed question: Has he, on issues related to fighting terrorism, turned out to be little different from his predecessor?

The answer depends on what it means to act like Mr. Bush.

As they move toward completing a review of their options for dealing with the detainees, Obama administration officials insist that there is a fundamental difference between Mr. Bush’s approach and theirs. While Mr. Bush claimed to wield sweeping powers as commander in chief that allowed him to bypass legal constraints when fighting terrorism, they say, Mr. Obama respects checks and balances by relying on — and obeying — Congressional statutes.

“While the administration is considering a series of options, a range of options, none relies on legal theories that we have the inherent authority to detain people,” Robert Gibbs, the White House press secretary, said this week in response to questions about the preventive detention report. “And this will not be pursued in that manner.”

But Mr. Obama’s critics say that whether statutory authorization exists for his counterterrorism policies is just a legalistic point. The core problem with Mr. Bush’s approach, they argue, was that it trammeled individual rights. And they say Mr. Obama’s policies have not changed that.

“President Obama may mouth very different rhetoric,” said Anthony D. Romero, executive director of the American Civil Liberties Union. “He may have a more complicated process with members of Congress. But in the end, there is no substantive break from the policies of the Bush administration.”

The primary beneficiaries of constitutional liberties are not terrorist suspects, but the rest of us.  The necessary trade-offs are not always easy, but the president and legislators must never forget that it is a free society they are supposed to be defending.

New Government of Honduras Takes a Wrong Turn

Facing mounting international pressure to reinstall a would-be despot, the provisional government of Honduras is taking a very wrong turn by asking the National Assembly to temporarily extend curfew powers and limit basic individual liberties.

The government claims that the measures, which will be in place for 72 hours, are justified to prevent any civil unrest given the imminent return of former president Manuel Zelaya to the country.  However, the provisional authorities are actually undermining the rule of law and constitutional liberties that they claimed to be protecting when removing Zelaya from power last Sunday.

The individual rights and liberties that would be affected: the inviolability of homes, the right to protest peacefully, the guarantee against being held for more than 24 hours without charges, and the freedom to move around the country undisturbed.

These actions are unjustified. By moving to take away civil liberties from Hondurans, the provisional government undercuts its moral standing vis-à-vis the increasingly autocratic rule of Manuel Zelaya it came to replace. Even if these measures are meant to be temporary, history shows that once a government claims emergency powers, it is very hard to completely relinquish them once the “emergency” is gone.

Moreover, these restrictions do little service to the argument of the new Honduran government that Zelaya’s removal was not a military coup d’état. Having the army policing the streets and curbing the free movement of people and their right to protest peacefully gives the impression that the military is in charge and calling the shots.

The Honduran government should scrap these measures and reassure the population that their individual rights and liberties guaranteed under the Honduran constitution will be fully respected.

Calling Secretary Napolitano: Arizona to Reject EDLs

Department of Homeland Security Secretary Janet Napolitano has been all over the map on national ID issues. As governor of Arizona, she signed a memorandum of understanding with the Bush DHS to implement “enhanced driver’s licenses” in her state. These are licenses with long-range RFID chips built into them. But then she turned around and signed legislation barring implementation of the REAL ID Act in Arizona.

Now, having taken federal office, she again favors REAL ID – or at least under its new name: PASS ID. (Her efforts to put distance between REAL ID and PASS ID have not borne fruit.)

In some respects, PASS ID is worse than REAL ID. It would give congressional approval to the “enhanced driver’s license” program – invented by DHS and State Department bureaucrats to do long-range (and potentially surreptitious) identification of people holding this type of card. Back home, the Arizona legislature has just passed a bill to prohibit the state from implementing EDLs.

So the former governor of Arizona, who has both supported and rejected national ID programs, now supports a bill to approve the national ID program her home state rejects. Napolitano seems to be taking the national ID tar baby in a loving embrace.

War without Killing?

The United States is going to cut back on airstrikes in Afghanistan, according to the new commander there, Gen. Stanley McChrystal. This decision comes on the heels of Central Command’s release (late on a Friday afternoon) of the executive summary of a report on the killing of dozens – at least – of civilians in Farah Province in Western Afghanistan. On May 4, a B-1B providing air support to US and Afghan forces there bombed some buildings, thinking that they contained insurgents. The buildings were apparently full of civilians.

Everyone seems to think this is a wise policy shift. The center of gravity in an insurgency, we’re often told, is the population. You need their support to find and defeat insurgents. Killing people undermines their support for the occupier and the government. You often hear the same thing about airstrikes in Pakistan.

This is a sensible argument, but it has some problems.  For one, empirics to support it are hard to come by. Second, it isn’t obvious that people cooperate with occupiers or governments because they like them. Support may come instead from the mix of incentives – coercive and economic – that the population faces.  The power to reward and punish behavior probably matters more in generating cooperation than feelings of loyalty, although they are not mutually exclusive.

You might respond that it is simply immoral to kill innocent people, whatever the strategic effects. That takes us to the real trouble with the critique of airstrikes, which is the idea that you can fight clean wars.

The accidental killing of Afghan civilians is a tragedy we should limit (one way to do so might be to simply stop using bombers for close air support).  It is also an inevitable consequence of fighting a war in Afghanistan. Troops are going to use plentiful and occasionally indiscriminate firepower to defend themselves. This problem can be mitigated but not solved. You should not support the war in Afghanistan if you cannot support killing innocent people in prosecuting it. As Harvey Sapolsky (my professor at MIT) points out on his new blog, the allies killed 50,000 French civilians in the course of liberating France in World War II. Today precision munitions save many civilians, but, along with euphemistic words like state-building, they threaten to delude us into thinking that we can fight antiseptic wars that adhere to liberal norms. (The situation is even worse in Germany, where they are arguing about whether to call what they are doing in Afghanistan a war).

As Sapolsky puts it:

Air power is our advantage, especially in a country where our forces are spread thin and the distances are large. Precautions have limited greatly the number of weapons dropped and how air power is employed. But only a little deception apparently is needed to put this advantage in jeopardy. Soldiers are still dying in Afghanistan. If there is no will to inflict casualties then there should be no will in absorbing them. Try as we may to avoid it, war kills the innocent.

For the source of this post’s title see the first article (pdf) here.

Appointing Another Supreme Commander of NATO

The Obama administration has just carried out one of its standard rituals – choosing a new commander of NATO.  But why are we still in NATO?

Reports the New York Times:

When Adm. James G. Stavridis took over the military’s Southern Command in late 2006, his French was excellent but he spoke no Spanish. Not content to rely on interpreters, he put himself on a crash course to learn the language.

Over the next three years, his fluency was measured not only in the high-level meetings he conducted in the native tongue of his military hosts. He also read the novels of Gabriel García Márquez, the Nobel laureate from Colombia, in the original rich and lyrical Spanish.

Now Admiral Stavridis’s boss, Defense Secretary Robert M. Gates, has given him a new assignment, which starts Tuesday.

“Jim must also learn to speak NATO,” Mr. Gates said.

As the new American and NATO commander in Europe, Admiral Stavridis, 54, becomes the first naval officer appointed to a position previously held by famed ground-warfare generals.

It is two jobs in one, as he oversees all American forces under the United States European Command and — far more important today — serves as the supreme allied commander, Europe, NATO’s top military position. He takes the NATO command as the future viability of the alliance is tested by whether he can rally members to make good on their promises to the mission in Afghanistan.

Adm. Stavridis obviously is a talented officer.  Alas, his chance of winning more meaningful support from the Europeans for the mission in Afghanistan is nil.  The Europeans don’t want to fight, especially in a conflict which they don’t view as their own.

But the most important question these days should be:  why does NATO still exist – at least, a NATO dominated by America?  No one, not even Russia, threatens “Old Europe.” 

Moreover, Europe is well able to defend itself.  The continent has a collective GDP more than ten times that of Russia, and even larger than that of America.  Europe’s population, too, is bigger than those of both Russia and the U.S.  The Europeans needed America’s military aid during the Cold War.  But no longer.

What of the Eastern Europeans, who worry more about Moscow?  We should wish them well, but we have no cause to threaten war on their behalf.  Security guarantees should not be distributed like party favors, inexpensive gifts for friends and acquaintances alike.  Rather, security guarantees should be issued to defend America.  It is hard to make the argument that, say, Albania, is relevant to America’s security, let alone vital to it.  Two decades after the end of the Cold War, we should start reshaping our alliance commitments to reflect our vital interest.

Iraq’s Future Is Up to Iraqis

The U.S. is not yet out of Iraq, but American forces have pulled back from Iraqi cities.  Iraq’s future increasingly is in the hands of Iraqis.  And most Iraqis appear to be celebrating.

Reports the Washington Post:

This is no longer America’s war.

Iraqis danced in the streets and set off fireworks Monday in impromptu celebrations of a pivotal moment in their nation’s troubled history: Six years and three months after the March 2003 invasion, the United States on Tuesday is withdrawing its remaining combat troops from Iraq’s cities and turning over security to Iraqi police and soldiers.

While more than 130,000 U.S. troops remain in the country, patrols by heavily armed soldiers in hulking vehicles as of Wednesday will largely disappear from Baghdad, Mosul and Iraq’s other urban centers.

“The Army of the U.S. is out of my country,” said Ibrahim Algurabi, 34, a dual U.S.-Iraqi citizen now living in Arizona who attended a concert of celebration in Baghdad’s Zawra Park. “People are ready for this change. There are a lot of opportunities to rebuild our country, to forget the past and think about the future.”

On Monday, as the withdrawal deadline loomed, four U.S. troops were killed in the Iraqi capital, the military announced Tuesday. No details about the deaths were provided. Another soldier was killed Sunday in a separate attack.

The Bush administration never should have invaded Iraq.  The costs have been high: more than 4,000 dead American military personnel.  Tens of thousands more have been injured, many maimed for life.  Hundreds more military contractors and coalition soldiers have died.  And tens of thousands of Iraqis – certainly more than 100,000, though estimates above that diverge wildly. 

The U.S. has squandered hundreds of billions of dollars and the ultimate cost is likely to run $2 trillion or more, as the government cares for seriously injured veterans for the rest of their lives.  America’s fine fighting men and women have been stretched thin and America’s adversaries, most notably Iran, have been strengthened.  Yet another cause has been added to the recruiting pitch of hateful extremists seeking to do Americans and others harm.

Nevertheless, let us hope that Iraqis take advantage of the opportunity they now enjoy.  It will take enormous statesmanship and restraint to accommodate those of different faiths and ethnicities, forgive past crimes committed by Sunni and Shia forces, eschew violence for retaliation and revenge, resolve even bitter disagreements peacefully, and accept political defeat without resort to arms.

Other peoples who have suffered less have failed to surmount similar difficulties.  But it is no one’s interest, and especially that of the Iraqis, to lapse back into sectarian conflict and political tyranny.  Let us hope – and dare I suggest, pray? – that they prove up to the challenge.

Finally, an Ally That Doesn’t Wait for America

Washington’s willingness to toss security guarantees about the globe like party favors has encouraged other nations to do little for their own defense.  From the European, Japanese, and South Korean standpoint, why spend more when the Americans will take care of you?

But it looks like Australia takes a different view, and is willing to do more to defend itself and its region.  Reports the Daily Telegraph:

The latest defence White Paper recommends buying 100 advanced F-35 jet fighters and 12 powerful submarines equipped with cruise missiles, a capability which no other country in the region is believed to possess.

The “potential instability” caused by the emergence of China and India as major world powers was cited as the most pressing reason for this military build-up. In particular, Australian defence planners are believed to be concerned about China’s growing naval strength and America’s possible retreat as a global power in the decades ahead.

Chinese officials say their country’s growing power threatens no-one. Behind the scenes, Beijing is thought to be unhappy about Australia’s White Paper, with one Chinese academic saying it was “typical of a Western Cold War mentality”.

But the Chinese navy has almost doubled the number of secret, long-distance patrols conducted by its submarines in the past year. The reach of its navy is extending into Australian waters. China is also acquiring new amphibious assault ships that can transport a battalion of troops.

So instead of calling Washington to deal with Beijing, the Australians are building up their own navy.  Novel approach!  Now, how can we implant a bit of the Aussie character in America’s other friends around the globe?