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.
Filed under: Foreign Policy and National Security; Law and Civil Liberties
Rory Stewart on the Deep Confusion Underpinning Our Afghanistan Strategy
Rory Stewart has a terrific piece in the London Review of Books arguing that Beltway foreign-policy thinkers are “minimising differences between cultures, exaggerating our fears, aggrandising our ambitions, inflating a sense of moral obligations and power, and confusing our goals” when it comes to Afghanistan:
Policymakers perceive Afghanistan through the categories of counter-terrorism, counter-insurgency, state-building and economic development. These categories are so closely linked that you can put them in almost any sequence or combination. You need to defeat the Taliban to build a state and you need to build a state to defeat the Taliban. There cannot be security without development, or development without security. If you have the Taliban you have terrorists, if you don’t have development you have terrorists, and as Obama informed the New Yorker, ‘If you have ungoverned spaces, they become havens for terrorists.’
These connections are global: in Obama’s words, ‘our security and prosperity depend on the security and prosperity of others.’ Or, as a British foreign minister recently rephrased it, ‘our security depends on their development.’ Indeed, at times it seems that all these activities – building a state, defeating the Taliban, defeating al-Qaida and eliminating poverty – are the same activity. The new US army and marine corps counter-insurgency doctrine sounds like a World Bank policy document, replete with commitments to the rule of law, economic development, governance, state-building and human rights. In Obama’s words, ‘security and humanitarian concerns are all part of one project.’
This policy rests on misleading ideas about moral obligation, our capacity, the strength of our adversaries, the threat posed by Afghanistan, the relations between our different objectives, and the value of a state…
Stewart’s prognosis is at once dispiriting and fortifying. On the one hand, “it is unlikely that we will be able to defeat the Taliban.” More sharply, “30 years of investment might allow its army, police, civil service and economy to approach the levels of Pakistan. But Osama bin Laden is in Pakistan, not Afghanistan.” On the other, “the Taliban are very unlikely to take over Afghanistan as a whole.” Why not?
It would require far fewer international troops and planes than we have today to make it very difficult for the Taliban to gather a conventional army as they did in 1996 and drive tanks and artillery up the main road to Kabul.
Even if – as seems most unlikely – the Taliban were to take the capital, it is not clear how much of a threat this would pose to US or European national security. Would they repeat their error of providing a safe haven to al-Qaida? And how safe would this safe haven be? They could give al-Qaida land for a camp but how would they defend it against predators or US special forces? And does al-Qaida still require large terrorist training camps to organise attacks? Could they not plan in Hamburg and train at flight schools in Florida; or meet in Bradford and build morale on an adventure training course in Wales?
So what on earth are we doing? “No politician wants to be perceived to have underestimated, or failed to address, a terrorist threat; or to write off the ‘blood and treasure’ that we have sunk into Afghanistan; or to admit defeat. Americans are particularly unwilling to believe that problems are insoluble; Obama’s motto is not ‘no we can’t;’ soldiers are not trained to admit defeat or to say a mission is impossible.”
Whiskey Tango Foxtrot Moment in Afghanistan
In yesterday’s Washington Post, veteran newsman Bob Woodward recounts a recent meeting between National Security Advisor James Jones and a few dozen Marine officers in Afghanistan’s Helmand province under the command of Marine Brig. Gen. Lawrence D. Nicholson.
The subject on everyone’s mind: force levels. Saying that he was “a little light,” Nicholson hinted that he could use more forces, probably thousands more. “We don’t have enough force to go everywhere,” Nicholson said.
Of course he doesn’t. One senior military commander confided, in Woodward’s telling, ”that there would need to be more than 100,000 troops to execute the counterinsurgency strategy of holding areas and towns after clearing out the Taliban insurgents. That is at least 32,000 more than the 68,000 currently authorized.”
So, Nicholson and other commanders were asking: Can we expect to receive additional troops in Afghanistan any time soon?
Jones’s answer: don’t bet on it.
The retired Marine Corps general reminded his audience in Helmand that Obama has approved two increases already. Going beyond merely an endorsement of the outgoing Bush admiministration’s decision to more than double the force in Afghanistan, Obama accepted the recommendation of his advisers to send an additional 17,000, and then shortly thereafter another 4,000.
Well, Jones went on, after all those additional troops,…if there were new requests for force now, the president would quite likely have “a Whiskey Tango Foxtrot moment.” Everyone in the room caught the phonetic reference to WTF — which in the military and elsewhere means “What the [expletive]?”
Nicholson and his colonels — all or nearly all veterans of Iraq – seemed to blanch at the unambiguous message that this might be all the troops they were going to get.
Nicholson and his Marines should be concerned. But so should all Americans. The men and women in our military have been given a mission that is highly dependent upon a very large number of troops, and they don’t have a very large number of troops. The clear, hold and build strategy is dangerous and difficult – even when you have the troop levels that the military’s doctrine recommends: 20 troops per 1,000 indigenous population. In a country the size of Afghanistan (with an estimated population of 33 million), that wouldn’t be 100,000 troops, that would be 660,000 troops.
Pacifying all of Afghanistan would be nearly impossible with one half that number of troops. It is foolhardy to even attempt such a mission with less than a sixth that many.
So, what gives? (Or, as the military folks might say, “Whiskey, Tango, Foxtrot?”)
The Jurisprudence of Detention: Definitions and Cases
Almost a year has passed since the Supreme Court’s decision to extend habeas rights to Guantanamo in Boumediene. Detention policy is currently under review by interagency task forces; it is worth looking at what the developing body of detention rulings say about the future of detention.
Taking prisoners is an unavoidable part of military action. Telling our troops that they can engage identified enemies with lethal force but cannot detain them puts them in an impossible position.
But who can we hold? The Taliban foot soldier is an easy case, but as we move away from the battlefield things get a little fuzzy. A chronological review of the decisions regarding detainee status gives some insight.
Filed under: Foreign Policy and National Security; Law and Civil Liberties
Getting the Opponent to React in Foolish and Self-Defeating Ways Is One of the Primary Goals of Most Terror Campaigns
Stephen Walt has a great blog post up at ForeignPolicy.com.
I particularly appreciate how he recognizes that terrorists seek and profit from overreaction on the part of the victim state:
If our leaders react to every terrorist incident as if it’s a monumental disaster, and if they hype the terrorist threat for political advantage — as George Bush and Dick Cheney did — the public will surely respond by demanding that we throw more resources at the problem than is prudent. Getting the opponent to react in foolish and self-defeating ways is one of the primary goals of most terror campaigns, of course, because these blunders can help the terrorists win victories that they could not achieve otherwise. We did more damage to ourselves when we invaded Iraq than Osama bin Laden accomplished on 9/11, and an open-ended commitment in Central Asia could easily compound that error.
You don’t have to believe that the Bush Administration wrongly sought political advantage – they may have believed the hype or believed that hyping threats was good policy – to recognize that hyping terror threats advances terrorists’ goals and damages our own interests.
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