The coming resource war.

datePosted on 16:11, September 10th, 2019 by Pablo

During my time in the Pentagon I had the privilege of sitting down with military leaders and defence and security officials from a variety of Latin American nations. Sometimes I was present as a subordinate assistant to a senior US defence department official, sometimes as part of a delegation that included people from the State Department and other agencies, and sometimes I was on my own or part of a small team exploring avenues of dialogue or negotiating details of bilateral and multilateral agreements.

One of the more interesting meetings I had was with small group of senior Brazilian military officers led by the then number two officer in the Joint Staff of the Armed Forces (which answers to the Brazilian Ministry of Defence, in an arrangement similar to that between the US Department of Defence and the Joint Chiefs of Staff but with a more vertical hierarchy within it based on officer seniority between service branches). In that meeting I asked the Brazilians what they considered to be the greatest threat to their national security. The answer was astounding: “The pattern of consumption in the North,” said the senior Brazilian officer. Sensing my surprise, he went on to explain that emphasis on economic growth in Northern capitalist societies was causing the rapid depletion of their natural resources along with a host of other environmental problems. He even brought up, at a time when the subject was embryonic, the issue of “global warming,” noting that Brazil was starting to see the subtle impact of climatic shifts in its maritime and terrestrial environments.

I should briefly note, as an aside, that one of the interesting aspects of the Brazilian high command is that many senior officers do advanced post-graduate degrees in France, and tend to focus on public policy and politics. This is a bit different that many countries that send their officers to US or UK War Colleges for professional development and prefer not to have them study politics rather than things like public administration. Like the US, Brazilian officers hold lower-level degrees in “harder” subjects relevant to their military disciplines, but then go on to study at places like the Paris Institute of Political Studies (commonly known as “Sciences Po”). There they receive a distinctly non-US type of political science training, to include the philosophies of people like Althusser, Poulantzas, Foucault, Derrida, Levi, Glucksman, Proust, Aron and others not usually associated with the military enterprise and certainly not part of the standard post-graduate curriculum of US (or NZ) military officers.

With this in mind it should not be surprising that the Brazilians had a slightly different take on what constitutes threats to their national security. But then the general went on. He advanced the notion that eventually Brazil would find itself at war with Northern powers over control of the Amazon. He pointed out that once unchecked economic growth led to the degradation of Northern environments and depletion of natural resources above the equator, the great Northern powers would turn on the Amazon (and elsewhere, like Sub-Saharan Africa) in an attempt to continue their pattern of resource exploitation.

At that point the US admiral sitting next to me turned and said “dang, boy, I have not heard that one before.”

The Brazilian general was not assuaged or convinced by my protestations that the US would never go to war with Brazil over its natural resources. He was not mollified by my attempts to explain that the US would more likely partner with Brazil to preserve its sovereign assets. He told me that although he had no doubt that I was a sincere young fellow and had the ear of the administration that I served, nothing I said would be binding once the next administration arrived and even then, should the US try to negotiate a partnership agreement/treaty with Brazil on control of the Amazon, Brazil would reject it on grounds of foreign interference in its sovereign affairs.

That was in 1994. But the Brazilian view continues to this day.

I write this to provide context to the current discussion of wildfires in Amazonia and the differences between Northern powers and Brazil (or more precisely, the administration of Jair Bolsonaro) when it comes to how to handle the situation now and into the future. Bolsonaro, who calls himself the “Trump of Brazil” and who campaigned as “candidate machete” in rural parts of the country, is a climate change denying homophobe with vulgarian tendencies and unsavoury links to both criminal gangs and extreme right-wing groups, including those operated by paramilitary organisations and and ex-military officers (Bolsonaro is a former Army officer and son of an Amazonian miner). During the campaign and once in office he promised to roll back environmental regulations and those that protected endangered indigenous communities in the Amazon basin, who were already under siege from logging and farming encroachment in their traditional homelands. His promise to bulldoze the Amazon in order to promote economic growth on the way to great power status resonated with nationalists as well as foreign and domestic agricultural and logging conglomerates, who poured both open and dark money into his campaign.

Once Bolsonaro assumed office the practices of clear-cutting and slash-and-burning accelerated dramatically, something that when combined with prolonged drought in Brazil’s north and west contributed to the wildfires that as of yet remain unchecked in many places. Bolsonaro has accused environmentalists of deliberately setting fires to advance their agendas, has rejected some types of international fire-fighting aid (such as from the EU) and has launched into a war of words with the likes of French Prime Minister Macron (including rude comments about the Macron’s wife) in defence of what Bolsonaro claims are assaults on Brazilian sovereignty by foreign powers wishing to gain control over its natural resources.

This is where things get dangerous. The Brazilian military has as one of its national security pillars defence of its natural resources against foreign efforts to seize them in the face of increased environmental destruction. The Bolsonaro government supports clearing large parts of the countryside in the quest for more arable land for commercial purposes and is determined to resist foreign entreaties to reign back the deforestation policy in the interest of global climate sustainability. The scene is then set for armed confrontations between the Brazilian military and any actors (foreign or domestic) that may seek to use direct action to protect the rainforest and pantanal (the southwestern wetlands that extend to the Paraguayan and Bolivian borders). The threats are unlikely to come from state actors over the short-term and certainly not from Brazil’s neighbours, but over the medium to long term the possibility that resource wars might erupt over Brazil’s intransigence cannot be discounted.

In fact, Brazil ultranationalists are already spreading rumours that the unexplored hinterlands are being “infiltrated” by foreign forces, and the Brazilian Army has suspended participation of several Northern militaries in jungle warfare exercises over concerns that it is gives forward intelligence about terrain and Brazilian war-fighting capabilities (the Brazilian Army operates a world-renown jungle warfare school–CIGS– in Manaus, the capital of Amazonas state. The battalion prayer includes the following phrase: “If we perish defending the Brazilian Amazon, O God, allow us to do so with dignity and deserving of victory. Selva!” (“Jungle!” in Portuguese).

What is worse, significant elements in the Brazilian defence establishment categorically deny that the Amazon is at ecological risk or that it serves as the much vaunted “lungs of the earth.” The vehemence and xenophobic tone of their views is well captured here.

The fact that the Amazonian region is huge and relatively lawless contributes to the Brazilian military’s concern with exercising control over it. Without significant foreign enemies, the Brazilian Navy has placed great emphasis on its riverine capability, while the Army uses the presence of drug, people and weapons smugglers as a justification for conducting counter-insurgency and low-intensity warfare exercises in the far reaches of the basin, especially the border regions adjacent to Bolivia, Peru, Ecuador, Colombia, Venezuela, Suriname, French Guyana and Guyana. Such an extended land border (which also includes Paraguay and Uruguay) makes Brazilian geopolitical strategists acutely focused on staving off intrusions of any nature, so it is not surprising that Brazil has closed its border with Venezuela in order to staunch refugee flows fleeing the Bolivarian kleptocracy that passes for a government in Caracas (it has also closed its borders to Venezuelans trying to enter Brazil from other neighbouring countries).

The combination of a traditional continental geopolitical focus within the Brazilian security establishment, military concern that resource depletion elsewhere will lead to foreign attempts to steal or capture by stealth Amazonian resources, and the presence in presidential office of a demagogic nationalist-populist fixated on untapping those resources for Brazilian gain regardless of environmental consequence may prove explosive down the road should any international moves be made to limit Brazil’s ability to exploit what it considers to be its God-given gift of natural resource endowment.

Or, as that Brazilian general said to me 25 years ago, “the developed world has destroyed its natural resources on the way to becoming modernised industrial societies and now wants to deny Brazil the ability to do the same. We will not let that happen.”

The fallacy of the proximity argument.

datePosted on 12:43, September 3rd, 2019 by Pablo

Longer term readers may remember my complaining that, as a political scientist, it is burdensome to have non-political scientists wanting to engage me about politics. No layperson would think to approach an astrophysicist and lecture him/her on the finer details of quarks and black holes, but everybody with an opinion feels perfectly entitled to tell me exactly why their views are just if not more accurate than mine when it comes to discussing political phenomena. Some go on to mention that I must have gotten my degrees so that I could become a politician, which is like telling a primatologist that he wants to be a chimp (I have used this analogy before so apologies if you have already read or heard it).

One of the most often used lines that I hear is what I call the “proximity argument.” That is the belief that proximity to an event, situation or process gives one special insights into them and therefore entitles one to opine from a position of purportedly superior insight. In vulgar terms it is the “you don’t live here” or “I was there” argument, in which the fact of being proximately familiar with something confers special argumentative rights when discussing it.

In recent weeks I have been following the lead up to October’s general elections in Argentina, including reading the posts from friends in Argentina on social media. Their opinions are deeply divided between Left and Right-oriented folk, with some of their commentary bordering on hysterical. What they all have in common is that they claim to know better what the “objective” situation is because they are living in Argentina at the moment, so observations from the likes of me, regardless of the fact that I have written professionally about Argentine politics for all of may adult life, do not count because I live outside of the country.

I cannot enumerate the times that people in the US, particularly MAGA morons, discount what I have to say about US politics because “you don’t live here anymore.” This despite my years of government service prior to emigration, my research and writing on various aspects of US foreign policy and military affairs and my ongoing connections to people in politics and government in that country. “You gotta be here,” they say.

Closer to home, I repeatedly hear and read people claim that one can not opine about issues involving Maori if one is not Maori. Most recently, I have watched with concern the unhappiness voiced by members of the NZ Muslim community with the way on which the investigations into the March 15 attacks have proceeded, in particular the way in which the Royal Commission of Inquiry has handled their participation in the process. The claim is made that since they were the targets and subjects of the attacks, Muslims should be front and centre in any investigation into the events that led up to March 15.

Conversely, several prominent commentators–Gerry Brownlee, Lianne Dalziel and Russell Brown amongst them–attacked me in personal terms because of my media commentary that Christchurch had a well- documented history of white supremacism prior to the attacks. Beside the hypocrisy that comes naturally to politicians, one can only assume that their reactions are due to their personal connections to that city, which may have led them to the conclusion that I was attacking the city as a whole rather than a well-known extremist element within it. In other words, they could or would not see the very rotten trees in their particular forest, or will not admit to having known about them (Dalziel still insists that there is no white supremacist “problem”).

Putting on my analyst’s hat, I find that proximity arguments of this sort to be problematic. Of course familiarity with something gives particular insight into it and therefore those closest to an event, situation or process need to be heard when seeking remedies or even just objective understanding of the phenomenon. But proximity also brings with it emotion and subjectivity, both of which are anathema to analytic objectivity.

Years ago I published a collection of essays titled “With Distance Comes Perspective.” The book title was taken from the Spanish phrase “hay que tomar distancia” (“take some distance”), which refers to the fact that one must sometimes step back and put some distance on something in order to understand its objective status. That always reminds me of the children’s story about five blind people touching an elephant–each describes a different beast depending on what part of the elephant they are touching–because the emotion and subjectivity conferred by proximity often makes one blind to the larger realities at play, or at least the bigger picture.

I put together that collection because I gained perspective on the US, and international politics in general, from having moved to NZ and gaining literal, figurative and theoretical distance on great power dynamics by adopting the perspective of a very small democratic state. I found that in order to better understand US foreign policy I needed to move away from it after having spent time in the belly of the beast, so to speak.

That helps explain why the proximity argument is fallacious. It may be necessary to understanding something but it is not sufficient when trying to explain it. In many cases it obscures objective understanding because it clouds the analysis with emotion and/or the particular (often myopic) perspective of specific participants in or observers of an event. Balanced analysis requires objectivity and objectivity more often than not requires neutral distance from the subject of study. Emotion and subjectivity have no place in the analytic mind.

That does not mean that proximate familiarity is not required. All Ph.D. programs in comparative politics worth their reputations require students to acquire language skills and conduct in-country field research as part of their dissertations, preferably through the use of personal interviews, archival research, documentary collection and observer participation in the broader events and context surrounding their studies. The purpose is for the student to gain cultural familiarity with their case study or studies in order to give depth and contextual understanding to the specific research that they are undertaking. For example, one can never fully understand the nature of Argentine football if one does not understand the class and urban/rural divisions that underpin it, be it from club structure and the stadium songs used by fans to the role of organised crime in club governance and the selection process for the national team. For that to happen, one has to spend time there, both in general and in the stadiums.

For me the dissertation process required repeated trips to Argentina in order to conduct research in the Health and Labour Ministries, interview unionists and health policy makers, and run ideas past others in the research institutes to which I was affiliated at the time (all in Spanish, of course). Being raised in Argentina gave me a distinct advantage when it came to moving around and making connections, but I had to put my political beliefs and personal feelings aside when engaging in research and writing because my dissertation committee were not interested in how I felt but in rather what I objectively observed and the analytic conclusions that I reached from said observations (I left the personal stuff for the dedication page of the finished work).

That is something that I have carried with me over the years and, along with things such as inductive versus deductive reasoning, most-similar versus most-different and large-N versus small-N methodologies, that I tried to impart on students during 25 years of academic service. The idea is to use proximity whenever possible but to use it in a broader context where neutral analytic distance is maintained.

All of which is to say that we must not be fooled by those who use the proximity argument when opining about current events or policy issues. Be it measles, land rights, climate change, gun control, political finance, threat assessments or any other matter of contentious public concern, the false expertise of those who rely on the proximity argument must be balanced with the objective appraisals of those who can address the subject dispassionately and knowledgeably whether or not they have immediate connection to what is being discussed.

I did an interview on the TVNZ Breakfast Show about the situation in Hong Kong. I tried to frame the issue as a collective action problem between two sides with very different end games. The video is here.

Because of time constraints we could not discuss the fact that the Hong Kong protests do not have a unified leadership that could lend coherency to the strategy and connection between tactics and that strategy. It also did not address the fact that the protestors have now moved to challenging the (HK) State’s monopoly over organised violence in the territory, which means that it is posing an existential threat to a core function of that State. Since the Hong Kong State has little more than police and intelligence agencies as its repressive apparatus, that means that further and more serious challenges to this monopoly will be met by a State that has far more coercive power at its disposal–the PRC.

I should have mentioned at some point that the interplay between hard-liners and soft-liners on both sides is crucial to a peaceful settlement. Only if soft-liners prevail on both sides will the solution be peaceful, but in order to have that happen the soft-liners will have to prevail within their respective camps. With hard core nationalists on both sides rejecting any form of compromise as a loss of face and demonstration of weakness, the stage is set for them to prevail. If they do the outcome will be bloody.

The soft-line opposition strategy is based on the fact that the PRC can wait a long time while gauging international reaction to immediate events in Hong Kong, added to the fact that provoking a violent PRC response erases what the Hong Kong hard liners aspire to deliver ( and those goals are indeed aspirational rather than deliverable). It remains to be seen if the principles understand this type of logic.

We also did not discuss the how the moderate-militant approach I mention in the clip has to be part of a larger incremental gains strategy whereby the protestors try to push a “two steps forward, one step back” agenda that sees them roll back various authoritarian initiatives while conceding on short term or relatively minor issues (perhaps including the extradition bill that sparked the current round of protests).

Nor did we discuss the fact that at the time of initial handover from the UK, the PRC was in no position to contest the terms of the agreement, especially those centred on the “One Nation, Two Systems” 50 year compromise. Nearly halfway into that process, it is clear that conditions have changed. Among other things, Hong Kong is no longer the source of GDP and international capital that it was for the PRC in 1997, having been eclipsed by mainland centres of commerce like Shanghai. This makes it less risky for the PRC to impose its will and accelerate the devolution process before the 50 year transition period ends in 2047. That puts it on a collision course with those in Hong Kong who want more rather than less autonomy when that time comes.

Finally, we did not discuss the fact that should push come to shove the protesters are on their own. For all the US bluster and the threats of trade sanctions against the PRC if it uses force to quell the protests, no one is coming to the rescue. Not the UK, not the EU, not NATO, not SEATO, not Taiwan, not blue-helmeted UN troops–nobody will do anything significant in their defence.

That means that there is a limit to what the protestors can achieve by pushing the protest envelope, since there will be no counter to the PRC use of force if and when it comes. Hence the need for the incremental gains approach mentioned above, and even that may be too little to stave off the eventual PRC takeover in 2047.

A question of focus.

datePosted on 10:12, August 1st, 2019 by Pablo

More complaints have been aired about the Royal Commission of Inquiry (RCICh) into the Christchurch terrorist attacks. These have centred on the perception that the RBICh has not paid enough attention to the Muslim community who were the targets of the attacks and the sole victims of them. Even though the Terms of Reference for the RCICh specified that it would establish liaison ties with representatives of the NZ Muslim community, many are unhappy with the way in which those have been put into effect. This is in spite of an initial outreach to the community via the Christchurch Muslim Liasion Group and then formation of a Muslim Community Reference Group (MCRG, via the RCICh’s Head of Community Engagement) that is scheduled to begin work this month.

The main objection appears to be that the Muslim community, as victims of the attacks, are not the central focus of the inquiry and therefore feel marginalised by the process even if organisations like the Islamic Women’s Council of New Zealand (IWCNZ) and Federation of Islamic Associations of New Zealand (FIANZ), as well as several prominent Muslims, have been consulted. This is a delicate and thorny concern that is difficult to resolve. What follows is an explanation of why that is so.

The terms of reference for the RCICh specify that it must do two things: determine how the killer planned, prepared and executed the attacks; and what state agencies did and did not do in the lead-up to the attacks that enabled or could have prevented them from happening. The relevant sections of the terms of reference are here (sections 2-4 of the Terms of Reference):

Purpose of inquiry and matter of public importance

The matter of public importance that the inquiry is directed to examine is—

(a) what relevant State sector agencies knew about the activities of the individual who has been charged with offences in relation to the 15 March 2019 attack on the Al-Noor Mosque and the Linwood Islamic Centre in Christchurch, before that attack; and
(b) what actions (if any) relevant State sector agencies took in light of that knowledge; and
(c) whether there were any additional measures that relevant State sector agencies could have taken to prevent the attack; and
(d) what additional measures should be taken by relevant State sector agencies to prevent such attacks in the future.
Scope of inquiry

In order to achieve its purpose, the inquiry must inquire into—

(a) the individual’s activities before the attack, including—
(i) relevant information from his time in Australia; and
(ii) his arrival and residence in New Zealand; and
(iii) his travel within New Zealand, and internationally; and
(iv) how he obtained a gun licence, weapons, and ammunition; and
(v) his use of social media and other online media; and
(vi) his connections with others, whether in New Zealand or internationally; and
(b) what relevant State sector agencies knew about this individual and his activities before the attack, what actions (if any) they took in light of that knowledge, and whether there were any additional measures that the agencies could have taken to prevent the attack; and
(c) whether there were any impediments to relevant State sector agencies gathering or sharing information relevant to the attack, or acting on such information, including legislative impediments; and 
(d) whether there was any inappropriate concentration of, or priority setting for, counter-terrorism resources by relevant State sector agencies prior to the attack.
Matters upon which findings are sought

The inquiry must report its findings on the following matters:

(a) whether there was any information provided or otherwise available to relevant State sector agencies that could or should have alerted them to the attack and, if such information was provided or otherwise available, how the agencies responded to any such information, and whether that response was appropriate; and
(b) the interaction amongst relevant State sector agencies, including whether there was any failure in information sharing between the relevant agencies; and
(c) whether relevant State sector agencies failed to anticipate or plan for the attack due to an inappropriate concentration of counter-terrorism resources or priorities on other terrorism threats; and
(d) whether any relevant State sector agency failed to meet required standards or was otherwise at fault, whether in whole or in part; and
(e) any other matters relevant to the purpose of the inquiry, to the extent necessary to provide a complete report.

As readers will observe, there is no specific mention of a Muslim-as-a-community focus, much less a victim-centred one. Instead, attention is on the killer and the State, with recommendations deriving from the above investigation lines focused on how state agencies can work better towards preventing such a thing happening in the future. The role of the MCRG is seen by the RCICh in that light–as witnesses adding to the testimonial trail about events leading up to the attacks.

This clearly is not the reasoning of those who think that the Muslim community should be placed front and centre in the RCICh’s concerns. It was never the intention of the RCICh to make them the centrepiece, and the announcement of the terms of reference and first minute issued by the RCICh noted that the MCRG was an advisory body only, limited in numbers, with members selected by the RCICh and therefore not entirely representative of the community as a whole. At that point people had the option of agreeing to accept invitations or not.

The top-down selection process by which the MCRG was constituted was bound to raise concerns about co-optation, and the unspecified limited number of group members reinforced the notion that the MCRG is going to be used as window dressing on a potential whitewash. On the other hand, given the demographic heterogeneity of NZ’s Muslim population and the political and personal rivalries that go with exercising collective representation for this type of membership, a bottom-up MCRG selection process in which a larger number of Muslim communities are represented would have been too time-consuming to organise and hold given the six month window that the RCICh has in which to prepare and present its report (due December 10).

Because a nation-wide leadership selection process involving all organised Muslim communities cannot happen given the time constraints, as national peak associations it seems reasonable that leaders of FIANZ and IWCNZ would participate in the MCRG. Perhaps recognised leaders of the mosques that were attacked will participate, along with representatives of Muslim regional or city organisations. The importance is that numbers of representatives remain manageable and that internecine rivalries are avoided in the discharge of their responsibilities as members of the MCRG.

I am not privy as to who is in the MCRG but can only hope that they are a representative cross-section of the Islamic community in Aotearoa.

Returning to the issue of focus, it was never contemplated that the RCICh would address issues of victim compensation or other post-event consequences. The main role of the MCRG is to provide testimony about how Muslim community security concerns were managed (some would say ignored) by State agencies (particularly but not limited to the Police and SIS), in the lead-up to March 15. There clearly is much to be said here and the MCRG would be well served to bring forth compelling witness accounts of the impact that the post-9/11 social and political milieu has had on them, both in the security realm as well as elsewhere in NZ society.

I have no doubt that some interesting light can be shed by the MCRG on how NZ security agencies handled complaints about threats to members of the Islamic community and their organisations, and I am willing to bet that the complaints and requests for assistance have been more numerous than what has been publicly acknowledged by NZ authorities and the mass media. I also believe that the Muslim community can speak at considerable length about the disproportionate official scrutiny that they have endured after 9/11 even though no Muslim has been charged, much less convicted of committing an act of ideological-driven violence in NZ before or since (with official scrutiny extending to acts of intimidation, extensive infiltration of mosques and sowing of distrust within targeted groups by the extensive use of informants).

Both of these backstories will be invaluable for the RCICh’s investigation into if and how, whether by acts of omission or commission, State agencies contributed to the multi-dimensional lapses–systemic, institutional and individual–that together constituted the collective “intelligence failure” that enabled the commission of this mass atrocity.

All of this assumes that the Inquiry will be conducted honestly, thoroughly and without a hidden intention to cover-up or whitewash. Some are skeptical that the process will lead to a full and truthful account of what happened. I beg to differ, at least in part. Having spoken to the RCICh myself, I can only say that those involved in conducting the inquiry acknowledge the limitations of their charter but appear committed to finding the truth and understand that their reputations would be poorly served if they were to do otherwise. I hope that I am not proven wrong.

Assuming that the process is honest, the two lines of investigation–of the killer’s actions and of state agencies’ roles in the lead up to the attacks–will establish the chain of causality that led to the murderous victimisation of over 100 people and their families. Once responsibility for what happened is established and lines of accountability (if any) determined within the State sector, then the easier it will be for those representing the victims of the March 15 domestic terrorist attack to demand redress from Crown entities whose negligence, incompetence or prejudice enabled in one way or another the commission of the event. To try and do otherwise within the confines of the RCICh confuses the process because it misplaces its immediate emphasis (which is supposed to be on the perpetrator, accomplices and potential enablers, including agents of the State) and detracts from its primary focus (which is to establish the how’s and why’s that led to the success of the attacks).

In other words, focus on the Muslim community as victims rather than as primary witnesses within the RCICh puts the inquisitorial cart before the horse and clouds the inquiry with concerns best addressed after its conclusion.

I’ve written another column for RNZ considering the second tranche of the government’s gun control reforms, and outlining some concerns about the thinking behind the gun registry.

The point is not to argue in favour of a gun registry, though I generally support one, nor to consider whether the same money might be better spent elsewhere (the evidence there is mixed at best) — these questions are beside the point since the government has already taken the decision to establish a registry, with what they (correctly) regard as a strong mandate of public support following the events of March 15. The column focuses on how the government can best make such a registry work, given that decision.

There have also been some rather opportunistic queries as to my political and ideological affiliations from readers — obviously I don’t resile from anything and my reckons are well known, but let’s make the disclosure completely plain in any event: if you want to assess my views for bias they are documented in tiresome detail in the archives here, and on Twitter.

The real roots of Iranian “brinkmanship.”

datePosted on 12:47, July 21st, 2019 by Pablo

I have been unimpressed with Western corporate media coverage of the tensions involving Iran in the Strait of Hormuz. They repeat the line that Iran is the source of current tensions, that it is a major sponsor of terrorism, that it is hell-bent on acquiring nuclear weapons and threatening its neighbours and that it is playing a dangerous game of brinkmanship with its attacks on shipping in the Strait. I disagree with much of this, so allow me to explain why.

A few months back the Trump administration unilaterally withdrew from the Iranian nuclear control agreement (the P5+1 deal involving the US, UK, France, China and Russia plus Germany). Leaked diplomatic cables show that it did so manly because the Obama administration had signed it, not because it was a “bad deal” (in fact, the Iranians were upholding their end of the bargain and had complied with all international monitoring conditions). After withdrawing from the deal the US imposed a new round of tougher sanctions on Iran, with most of the bite coming from secondary sanctions on non-US based firms and organisations that do business with the Persian giant.

Let us be clear on this. The US unilaterally withdrew from a viable multinational agreement mainly because of presidential hubris, then unilaterally imposed sanctions not only on Iran but others who may wish to continue to commercially engage with it. The US sanctions are not supported by, and in fact are seen as illegitimate by many countries, including China, Russia and most of the countries in the EU. Yet, because the US has great economic weight, it can use the secondary sanctions in order to force international compliance with its edict.

Until recently the sanctions were not enforced by the military of any country other than the US. But on July 4 the Royal Navy stopped and seized an Iranian oil tanker off the coast of Gibraltar, arguing that it was transporting oil to Syria in violation of EU sanctions (the sanctions only apply to aviation fuel and only cover EU members, which Iran is not). The tanker’s proximity to the colony was fortunate in that Britain has limited autonomous power projection capability in the Middle East but does have a naval garrison on the Rock. So the seizure was as much due to opportunity as it was support for principle.

Iran warned that it would retaliate to this act of “piracy” and this past week it did by seizing two tankers, one of which was UK-flagged (the other was briefly detained and released). The owners of the UK-flagged vessel have not be able to contact it since it was boarded by Iranian Revolutionary Guard Corps (IRGC) commandos.

This follows on Iran recently shooting down a US drone over the Strait and the sabotage of four vesels in a UAE port and two merchant ships in international waters that have been attributed to the IRGC. Needless to say, this appears to demonstrate that indeed, a brinkmanship game is being played. But let us disaggregate a few facts.

The UK was informed of the Iranian tanker’s movements by the US, which asked that it be seized when it made the passage from the Atlantic into the Mediterranean. The May government complied even though Trump has repeatedly disparaged her and welcomed her ouster. The Iranians know that Teresa May is a lame duck and that Boris Johnson, her likely successor, simply does not have the stomach for a all-in confrontation with Iran when the Brexit mess is ongoing and the government is effectively paralysed on multiple fronts. To be clear: the UK is facing a crisis of governance and the Iranians know this. So any military counter has to come from somewhere else.

It certainly will not come from Europe, Asia or anywhere but the US. That is the rub. The Iranians know that Trump is a classic bully. All bluster and bravado but a coward at heart. When informed of the Iranian’s seizure he first uttered threats but then put distance between himself and the UK by saying that the US does not receive much oil that transits through the Strait and that other nations need to up their military patrols through it and the Persian Gulf if they want their vessels to be safe.

This signals that Trump does not believe that a US-Iran conflict would be existential or done out of necessity and that he does not see alliance commitments as universally binding. This gives him room to refuse UK requests for military assistance in getting the Iranians to resolve the stand-off on its terms. In doing so he effectively has thrown the UK under the bus as a reward for it doing the US bidding with regard to the Iranian tanker now tied up in Gibraltar. So much for that “special relationship.”

Although chickenhawk John Bolton, Trump’s National Security Advisor, is keen to shed other people’s blood in order to force an Iranian submission, Trump, like Johnson, does not appear to be inclined to do so. Besides his neo-isolationist proclivities, Trump has undoubtably heard from US military authorities that a conflict with Iran would make Afghanistan and Iraq look like a kindergarten party. The US military is stretched as it is, the US public is sick of constant war, a long election year is just beginning and no allies other than Israel and perhaps Saudi Arabia are going to be willing to join the US in a fight of its own making.

That is an important point to note. It is clear that for Bolton and other re-cycled neoconservatives like Mike Pompeo, the march to war with Iran is about regime change, not international commerce. US foreign policy elites have never gotten over the Iranian Revolution and the US embassy seizure in 1979, and the US military has since then had a prickly relationship with Iran in its regional sphere influence. US criticism of some of Iran’s more regressive policies as a reason to push for regime change holds little weight given its support for the likes of Saudi Arabia, and regardless of the theocratic nature of the regime Iranian elections are considered by international observers to be among the cleanest in the Middle East (thereby putting the lie to claims that Iran is as authoritarian as other regional autocracies).

The US push for war with Iran is therefore not grounded in concerns about international norms and the specifics of Iranian behaviour but in getting some measure of retribution for what some US elites feel was a great loss of face forty years ago and an ongoing reminder of US powerlessness in specific instances. The trouble for the likes of Bolton and Pompeo is that most world leaders understand their real motivations and so are reluctant to join their war-mongering bandwagon.

The Iranians know this. They know that they have Russia as a military partner and China as an economic lifeline. They know that any military conflict involving them will close the Strait for more than just the duration of hostilities. They not only have one of the largest militaries in the Middle East but they also have proxies like Hezbollah and allies like Syria who will join in what will be a multi-fronted asymmetric war of attrition against the US that will not be confined to the immediate region. They key is for Iran to isolate the US and a few allies in a manoeuvre-based military conflict that avoids short mass-on-mass exchanges and which over time inflicts political and military costs that become unbearable.

Although Bolton may believe in the rhetoric of “effects-based strategy” and therefore assume that any successful kinetic engagement between the US and Iran will be limited, short and intense, the problem with such assumptions is that the adversary may not subscribe to what is taught in US command and general staff colleges. I assume that US military planners understand this.

It is therefore very likely that Iran will get to exchange the British tanker for the ship detained in Gibraltar and that it will be able to continue to make the point that it has the means to disrupt commerce in the sea lanes adjacent to it. The latter is an important tactic for Iran because the price for it ending its maritime disruption campaign is a loosening of the US sanctions regime on it. Unless oil-importing countries step up their own naval protection of ships flagged by or destined for them (which brings with it the possibility of military confrontation with Iran), then they run the risk of economic slowdowns caused by fuel shortages, to say nothing of increased insurance costs and fuel prices as the impasse continues.

In short, it does not appear likely that the US is going to come riding to the rescue of non-US vessels anytime soon and yet will continue to demand that the world bow to its Iranian sanctions regime. Trump and his advisors may see it as a necessary hard choice for US allies but to them it is more likely to be seen as being placed in an untenable position.

Finally, it should be remembered that modern Iran has not engaged in an unprovoked attack on another country. Although it supports and uses irregular military proxies, it is nowhere close to being the sponsor of terrorism that several Sunni Arab petroleum oligarchies are. In spite of its anti-Israel rhetoric (destined for domestic political consumption), it has not fired a shot in anger towards it. Its strategic position in the Middle East is as strong now as it ever was. It has complied with the terms of the nuclear control agreement. It has good commercial relations with a wide variety of countries, including New Zealand. It therefore has no incentive to start a conflict even if it does have a strong incentive to turn the tables on the sanctions regime by demonstrating that imposing costs works in many ways and on more than just the targets of sanctions themselves.

It would be wise for Western leaders to put themselves in Iranian shoes when considering the security dilemma in the Persian Gulf, because if anything the root of the current tensions lies not in Tehran but in Washington, DC.

Xenophobia is not always racist.

datePosted on 15:46, July 18th, 2019 by Pablo

I have been reading and listening to the aftermath of Trump’s comments about the four female first term Democratic representatives, all of whom are “people of color.” I found the US coverage interesting both as evidence of partisanship and the deep vein of bigotry that Trump has tapped into in order to advance his political career. But some of the coverage has got me to thinking about how the issue is being framed, specifically whether or not his comments were “racist.”

Here is how I see it: Strictly speaking, the “go back to where you came from” line is xenophobic. It often is underpinned by racism, as in Trump’s case. But it is not the same or reducible to racism because culture, religion, language, dress etc. factor in as well. The primary inference is that the “other” is “foreign.” The distinction is important, especially in a country that has the Statue of Liberty as a national symbol.

Trump’s ignorance of his target’s birth origins does not take away from the underlying anti-foreign message. It appears that in the US xenophobia is more widespread than racism. Trump knows this. That allows him to disavow racism and yet throw bigoted meat to his base because foreigners are “aliens,” the inference being that they are sub-humans who come from crime-infested sh*tholes (his language, not mine). That he speaks of these first generation citizens’ supposed hate for America and loyalty to foreign enemies like al-Qaeda (both demonstrable lies) rather then focus on their racial characteristics is proof that the emphasis is on their foreign “otherness.” Likewise, in calling them socialists and communists Trump and his minions emphasise the “un” American nature of those ideologies and their supposed embrace of them. It is to the xenophobic streak in US society that Trump is speaking to, some of which may be embedded in broader racist sentiment.

As a third generation US citizen descended from Irish Catholic, Italian and Scottish stock, I am well versed in the “go back to where you came from” opinions directed at my grandparents. Then as now it may have overlapped with but was not strictly a matter of racism.

Anyway, as I see it, for all of the nice inscriptions on Lady Liberty, the US has a deeply rooted xenophobic streak that parallels and often overlaps with its history of racism. There are times when one strand overshadows the other, for example during the civil rights struggles of the 1960s when racism took centre stage and xenophobia took a back seat. In today’s context the “acceptable” form of bigotry–besides ongoing homophobia and misogyny–is xenophobia, not racism.

This is what allows the Trump administration to detain thousands of “illegal aliens” (most of the world uses the term “undocumented migrants”) in internment camps. It is what allows it to separate hundreds of “alien” children from their parents and remove them to detention centres far from where their parents are held. The justification for such depravity is not offered on the basis of race but on the basis of birth origin. That, it seems, is more acceptable to many “Americans” who would not accept the wholesale incarceration of African- or Asian-Americans on the sole basis of race.

Oh wait, check that thought. That was only true in other times.

Incidentally, I place qualifier marks around the term “Americans” because “America” refers to continents rather than individual nations, so the appropriation of the word by the US is more a form of linguistic imperialism than an actual descriptor of who is born there.

In any event, I feel that the emphasis on whether Trump’s comments were racist or not obscures and detracts from the fact that xenophobia, stoked by years of endless war against and tensions with foreigners (mostly of color) has made it the preferred form of bigotry wielded by Republicans and those who are fearful of the loss of white dominance in a country where demographic change does not favour them.

Whether or not it will be used as part of a winning electoral strategy by Trump and the Republicans in 2020 remains to be seen. But what it does demonstrably prove is that the historical roots of xenophobic “othering” are being well watered today.

Postscript: Conspicuous by its absence from the MSM coverage is the fact that Trump’s bigotry is, amid all of the rest, gendered at its core. He appears to take particular issue with women who challenge him, especially those who are non-white. He saves the worst of his personal insults for them, and in the case of Rep. Omar he has walked up to the fine line separating protected offensive speech from hate speech. After all, when he falsely claims that someone “hates America,” “is loyal to al-Qaeda,” is a “communist” and even was married to her brother (yes, he did indeed say that), then he is coming perilously close to inciting violence against her. After all, if you condense what he is saying, she is an insolent commie incestuous female who hates America and who therefore does not deserve the common protections afforded “real” citizens.

Yet the media has not focused on these components of his rhetoric as much as they should be. Instead we get the usual analyses that “he is consolidating his base” and “he is trying to tar the Democratic Party with the “four women of the apocalypse” brush”, which if true do not fully capture the evilness of his intent. While I do not think that his offensive views merit impeachment at this point (since in my opinion they do not rise to the level of high crimes and misdemeanours), should anything happen to any one of the so-called “squad,” and should that be the work of a Trump supporter, then I think that there is fair grounds to do so.

Torture works.

datePosted on 15:55, July 1st, 2019 by Pablo

I have been working my way through a 47,000 document tranche of declassified US government communications related to Argentina and the “Dirty War” of 1976-83. I grew up in Argentina in the period leading up to the March 24, 1976 coup d’état that ushered in the so-called “Process of National Reorganisation,” the euphemism that the military junta used to justify its actions. That was the period when I was politically socialised and which has marked my approach to politics ever since.

I also do so because I did human rights work in Argentina in the early 1980s and wrote a Ph.D. dissertation on the Argentine state that required repeated primary source field research in the country throughout that decade. Those trips afforded me the opportunity to complement my human rights work with documentary and interview data that, while tangental to the dissertation, were central to my interest in what happened to people I knew who were caught up in the “Process.” I continued this interest as a sidebar to my academic work and official obligations while serving in and with US government agencies in the late 80s and early to mid 1990s. Even so, I did not have the time or authority to access what has emerged in this tranche of documents.

The documents (known as “cables” in diplomatic parlance) come from the CIA, FBI, State Department, Department of Defense and other agencies such as the Commerce Department that had involvement in Argentine issues during that period. The quality of the reporting and analysis is surprisingly good and the tone often brutally frank. Even so, thousands of pages in the declassified tranche are redacted or completely blank, attesting to ongoing sensitivity of some of the subjects being discussed. On a more personal level, the documents reveal the names of people that I knew while growing up, both embassy officials as well as private businessmen, school officials and missionaries (they were all men) who were fathers of kids that I went to school with and who either wrote the cables in question or served as informants to the embassy.

One of the most disturbing aspects of the reporting is the constant references to the Argentine security forces use of murder and torture. Time and time again the cables detail how torture was used to extract information and confessions, often followed by the murder of prisoners. The cables report things such as corpse disposal techniques improving after scores of bodies were discovered in public places with clear signs of torture and execution-style bullet wounds (among others, the “disposal-via-plane” method–where prisoners were sedated, loaded onto Air Force planes and dumped over the South Atlantic away from shore–was perfected after weighed-down bodies surfaced in the River Plate and many others were identified on land even though efforts had been made to destroy any possibility of identification). They note that many of the dead were said to have been killed in armed confrontations with security forces that never happened, and that many of those killed were students, unionists, academics, journalists, politicians and others unconnected to the various guerrilla groups (Montoneros and Ejercito Revolucionario del Pueblo or ERP, primarily) that were operating at the time.

The more I read the more I began to question a long held belief of mine: that torture does not work as an interrogation method, but instead is simply a cruel form of punishment. Readers may remember that, following on earlier academic and policy writing on the subject, I blogged here at KP about how torture does not work. But as I read the horrific descriptions of the methods used by the Argentine inquisitors and what happened as a result, and even though I had interviewed a few torture survivors during my human rights work, it dawned on me that I was wrong. Torture does, in fact, work as a means of extracting time sensitive tactical as well as strategic information from victims. Allow me to explain.

Torture only works in specific circumstances. Where it does not work is in democracies with strong institutions and the rule of law. Take, for example, the US torture program known as “enhanced interrogation.” This was an extension of coercive interrogation techniques that US military counter-intelligence officers developed by adapting a blueprint provided by the Survival, Evasion, Resistance and Escape (SERE) programs operated by the US military for personnel at high risk of capture in hostile territory. Those programs emulated the unpleasantness of foreign interrogations (say, by North Vietnamese) so that those going through the SERE programs would have the mental and physical ability to cope without breaking.

After 9/11 the CIA decided to turn SERE on its head and use it as a basis for enhanced interrogation of suspected jihadists. That in turn led to its use by the US military against jihadists and insurgents in places like Iraq and Afghanistan. Supervised by psychologists and medical doctors, techniques like water-boarding, exposure to extreme temperatures, sleep deprivation, painful binding by ropes, simulated executions and threatened electric shocks (where captives were hooked up by wires to car batteries or wall power outlets), simulated attacks by military working dogs (reportedly suggested by Israeli intelligence because of Arabs’ aversion to dogs) and sexual degradation were used by interrogators to try and extract both real-time and broad picture information from prisoners. The pictures that emerged from the Iraqi prison at Abu Ghraib–where US Army military police went rogue because of the environment created by their commanders–alerted the world to the fact that the US was routinely employing torture as an interrogation method, something that also occurred at detention facilities at Baghram Military Air Base in Kabul and in at the detention centre (Camp X Ray) operated by US Marines at the US Naval base at Guantanamo Bay, Cuba. This stopped when the Obama administration took office.

There were limits to what the US torturers would do. Deaths, rapes and other atrocities did occur but the overall thrust of US torture programs was to avoid such “excesses” and to remain within the broadly defined limits of US military codes of justice and the laws of war. It can be argued whether that in fact happened, but the point is that the US military, the CIA and the US government all wanted to give at least the appearance of norm adherence and legal cover. This forced the interrogators to engage in self-limiting strategies when it came to the treatment of prisoners, even if the boundaries of that self-limitation were broad. They were constrained by both the institutional and legal apparatus under which they operated and perhaps by their internalisation of cultural mores and norms regarding acceptability and limits to what can be done in defence of the State’s interests.

Whatever the reason for the relative self-limitation of the US torturers, the end result is that, rightwing apologist’s bluster to the contrary, limited “actionable” intelligence was obtained via the enhanced interrogation program (this was detailed in the Congressional Report on the matter).

Bottom line? Torture does not work when practiced by agents of modern democratic states with strong institutions and laws and a concern for human rights and civil liberties even when dealing with foreign enemies.

No such thing happened during the “Dirty War.” There were no limits set on what interrogators could do to prisoners other than what their consciences dictated. Moreover, the torturers were required to observe each other’s work, to include murdering people, so as to cement the bonds of group complicity (presumably in the hope of securing group silence in future years). The barbarity unleashed on suspects was medieval, modern and mind-bending in its depravity. The interrogators used flame, electricity, water, blunt, bladed and teethed tools, surgical instruments, pneumatic machines, vices and industrial presses. They removed body parts without anaesthesia for no medical purpose. They made captives perform grossly degrading acts and penetrated them with an assortment objects. They raped and sodomized both men and women alike and used animals to do so as well. They mutilated, tortured and murdered children, spouses, siblings, parents and grandparents in front of prisoners. There was simply nothing they would or could not do in pursuit of a confession and/or information about others. Worse yet, many of these evil beings still walk amongst us, either in exile or still in Argentina in spite of the various trials of officials implicated in the atrocities of the Dirty War.

Beyond the personal tragedies of those victimised, this is the saddest part: The torturer’s methods worked. Time and time again the US cables document Argentine security officials stating that prisoners identified other members of political resistance groups after “hard” interrogations. Time and time again the cables detailed how one by one “terrorist” cells were dismantled thanks to information gleaned from such interrogations. From the time the military took power on March 24, 1976 to the time of the Soccer World Cup held in Argentina in June-July 1978, tens of thousands of people vanished (some into exile) and levels of political violence declined from an average of half a dozen murders a day to near zero. Both urban and rural guerrilla groups were decimated and thousands of people disappeared. By the time the World Cup started under the watchful eyes of the junta and celebrity guests like Henry Kissinger, Argentina was once again at peace, even if it was the peace of the dead.

Two things stand out for me. First, why did the victims give up the names of comrades, friends, acquaintances and family rather than just accept the fact that they were going to die? Surely they must have known that they and the people tortured in front of them would not make it out alive, so why give the torturers what they wanted? All I can think is that while many people broke because of the physical horrors inflicted on them and hoped to escape death in their moment of agony, an equal number broke because they wanted to save the lives of their loved ones even if they knew that they would die and their loved ones or others would likely die anyway. Between desperation and pain, it seems that the captive’s minds searched for futile hope in the midst of darkness.

The second standout point is what made the torturers do what they did? There certainly was both individual and collective psychopathic behaviour involved (such as in the case of the infamous “Angel of Death” Lt. Carlos Astiz, later captured by the British in the first confrontation of the Falklands/Malvinas War), but it also appears that to reach the state of mind that they operated in they had to believe that a) democracy and human rights were useless concepts; b) the rule of law was no longer viable as a social construct; c) ideological enemies were sub-human; d) they were part of a greater good; e) morality was relative and the ends justified the means; f) they were inured to violence given the ongoing and escalating social conflict of the previous decade; g) they had impunity, both present and future; h) their cause was existential (in this case defence of the Catholic, capitalist, heterosexual, patriarchal and white-dominant parameters of Argentine society).

Which is to say, when unconstrained by democratic norms and (at least concern about) the rule of law, torture works. It works because once there is no limit to what torturers can do, their victims have only one–even if futile– hope to save themselves or others, and that is to talk. The democratic “variant” of torture simply cannot enter this realm unless the very values that underpin democratic socialisation are absent in the interrogator.

That explains why I was wrong about the utility of torture. I used to think that torture persisted because it was useful as a punishment that reminded potential victims of the costs of engaging in specific courses of action and thereby deterred them from doing so. I also thought that it involved sadistic pleasure on the part of desensitized socio- or pyschopathic perpetrators.

Now I believe that, along with both of these motives, torture persists throughout history because it is a useful interrogation method under specific conditions where democratic norms, values, institutions and legal codes do not apply. Since democracies have historically been a minority among world governance structures, this can explain the wide-spread use of torture to this day.

I am belabouring the obvious.

I will not go into how the Catholic Church and several democracies were active supporters of the Argentine dictatorship (including the US until Jimmy Carter was elected, and then after he was replaced by Ronald Reagan). Nor will I delve into how civil wars often see more atrocities committed than in foreign wars. What I will note is that when democracies begin to be corroded from within and respect for institutions and laws and basic norms about civility begin to be supplanted by partisanship, opportunism and treachery, then the slide into darkness has begun.

Perhaps that is what happened to the Bush 43 administration, and which may be happening now under Trump. Perhaps it is what led the French to go feral when trying to cling on to their colonial possessions in the 1950s and 1960s.

Whatever the case there is one more thing to ponder. If a liberal democracy like New Zealand had anything to do with the extraordinary rendition and black site programs that the US ran as conduits into and locations for its “enhanced interrogation” efforts, then merely having strong institutions and respect for the rule of law is not enough to guard against complicity in torture when fear of “the other,” bureaucratic opportunism and security partner pressure is involved. That is a major reason why I am interested in reading the Inspector General of Intelligence and Security’s (still delayed) report on whether New Zealand had anything to do with that part of the US “war on terrorism.”

A fraught inquiry.

datePosted on 16:21, June 20th, 2019 by Pablo

The inquiry into whether the SAS acted illegally during a nighttime raid on a suspected insurgent’s hideout in Afghanistan in 2010 (code named Operation Burnham), which resulted in six civilian deaths and serious wounds to 15 others, is slowly coming apart. This is unfortunate because the NZDF, which has allocated NZ $8 million to its representation at the inquiry, looks likely to be let off the hook even though the inquiry has revealed a pattern of lying, deception and cover up on its part. The issue transcends the actions of the SAS and allied forces on the ground and moves into the behaviour of the NZDF chain of command in Afghanistan and NZ after the first reports of civilian casualties came to light. Unfortunately, it now seems that will be whitewashed into oblivion.

So far the Inquiry (chaired by Sir Geoffrey Palmer and Sir Terence Arnold) has revealed that contrary to NZDF statements, civilians were known to be killed from the beginning and that at least some of them were “MAMs” (military aged males) who were unarmed. It also revealed that, again contrary to earlier NZDF reports, a US AC-130 gunship was involved in the operation and hit targets as they fled the villages in which the operation was conducted. Some of these may have been women and children, although the NZDF changed the identification of civilians to possible “INS” (insurgents) once the raid became a matter of public attention. The after-action reports demonstrate that little difference was given to suspected INS and MAMs when calling in air strikes, and that the AC-130, which is a rather blunt instrument when used on people out on open terrain, was the primary instrument of death. Only one person was killed by an SAS trooper, that being a hapless unarmed shepard who stumbled towards a SAS sniper position providing cover from a ridge line above the villages.

The NZDF’s (unnecessary, in my opinion) deception and cover up will largely remain lost because of two things: there secrecy in which the Inquiry has been shrouded; and the tactics of some of those who brought the matter to public attention. Let me explain.

The Inquiry was set up as a result of the allegations in a 2017 book by Jon Stephenson and Nicky Hager titled “Hit and Run.” The book followed a series of magazine stories by Mr. Stephenson about the SAS in Afghanistan and the Operation Burnham raid. Mr. Stephenson did almost all of the field research and original writing that went into the book, with Mr Hager joining later in order to add weight to the venture and bring it to quick publication in an election year. Although Mr. Hager got first author treatment on the cover page and in the media, the truth is that Mr. Stephenson was responsible for the majority of what was written in it.

As can be expected given their different roles in the project, the authors differed on some key issues, including the use of non-military maps to illustrate the location of the targeted villages and the tone of some of the language used to describe the SAS’s actions (which have been described by some as “war crimes” committed in revenge for the death of a NZDF soldier weeks earlier). One bone of contention was whether in fact any Taliban associated with the deadly attack on the NZDF land convoy were present in the village of Naik. That matters because the NZDF said that there were and that justified the raid. As it turns out, Mr. Stephenson subsequently reported that indeed, two Taliban commanders–the objectives of the “kill or capture” SAS-led mission–were present in the village but left before the raid commenced. However, the book claim is that no insurgents were present, apparently because none were found by the SAS in the targeted villages and Mr. Stephenson had not yet been able to secure interviews with the escaped Taliban commanders before the dateline for publication. The discrepancy does not invalidate the many other claims in the book but points to differences in journalistic approach between the two Hit and Run authors–differences that, along with other errors in the book (such as location errors on the maps used in the book), the NZDF and its supporters have been quick to seize upon.

The book came out, a furore ensued, the NZDF pretty much denied everything, then slowly began to correct its narrative and admit to much of what was written, and an Inquiry was eventually launched once the Labour-led government was installed (the previous National government refused to launch an inquiry and accepted the NZDF version of events).

The scope of the Inquiry was initially narrowly construed: determine what happened and whether the SAS and its Afghan and US partners contravened the laws of war. This is what led to the near-blanket extension of secrecy to the evidence and testimony given before it, as multiple agencies such as the GCSB and SIS had some involvement in the affair, SAS personnel are normally given anonymity during official investigations, and sources, methods, tactics and the names of individuals could be compromised if transparency was faithfully observed. This has led to disappointment in some quarters and increased tension between the Inquiry leaders and the accusers over the lack of transparency.

The bottom line is that whatever the legitimacy for the rationale behind keeping much of the Inquiry secret, its primary focus was always about the how Operation Burnham unfolded as a combat event. Questions about NZDF post-event misrepresentation could only be addressed once the facts on the ground were established.

I am ignorant of the exact timing of their entrance (perhaps even from the onset), but at some point the much celebrated team of Deborah Manning, Rodney Harrison QC and Richard McCleod (of Ahmed Zaoui fame) were invited to represent the victims of the raid in the Inquiry. It was at that point that things began to fall apart. The reason is that adding the villager’s perspective into the mix at the same time as responsibility was being determined muddled the Inquiry by stretching its terms of reference. Again, the original scope of the Inquiry was to determine what happened, whether illegal acts were committed and to attribute responsibility if so. Once that was established then the issue of reparations, compensation and other forms of victim redress could be discussed because it would be clearly established how they were victimised.

This is an important distinction. It is appropriate for the villagers to testify as witnesses. It is another thing to have them testify as victims. The former seeks to uncover other points of view on what was a chaotic nighttime operation. The latter presupposes culpability and concentrates on the matter of redress. Yet, judging from the legal team’s statements, it is this second matter that appears to be the focus of the villager’s representation in the Inquiry.

Under such conditions allowing villager legal representation to sit alongside the book authors who made the claims against the NZDF in the first instance is akin to putting the cart before the horse. To phrase it in political science terms, it is a case of methodological inversion because the focus on the villagers-as-victims selects on the dependent variable (the situation after the raid) rather than on the independent and intervening variables leading to the outcome (the reasons for and conduct of the raid). Put even another way: Yes, we know that innocent people died and were wounded in the raid and that the NZDF attempted to cover it up. But the question is whether they were killed unlawfully, and if so, by who, exactly? It is only when those questions are answered that discussion of what to do by way of redress can begin.

Unhappy with the proceedings, the villager’s legal team has quit the Inquiry (there is much talk about the villagers being disillusioned with the Inquiry but one has to wonder how much agency did they have and how conversant with the proceedings were they given the fact that they are largely illiterate peasants living in remote valleys 14,000 kilometres away from where the Inquiry is being conducted). Now Mr. Stephenson has publicly revealed that, based on interviews with them, two Taliban commanders were in Naik after all. That is problematic because it contradicts the villager’s original testimony as claimed in the book (which stated that no Taliban were present in the villages before the raid) and Mr. Hager’s supporting remarks to the Inquiry (which Mr. Stepehnson apparently contradicted in his testimony to the Inquiry months ago, where he left open the possibility that Taliban were present in the village before the raid but which he did not confirm publicly until recently). This still leaves a lot yet to be determined but certainly gives the impression that all is not well on the accuser’s side of the table.

I believe that the thrust of the book is correct even if mistakes were made on details and the language in it is a bit strong at times. Although controversial, Mr. Hager’s previous writing on matters of NZ security and intelligence have largely been proven correct. I have a ton of respect for Ms. Manning and Mr. Stephenson in particular, both of whom I know socially. I also believe that the SAS are very professional and are not prone to killing people for the sport of it. What I do not have much regard for is military superiors using secrecy and public relations to spin stories that evade the truth and which serve to shirk responsibility when things go wrong.

Alas, the NZDF brass may prevail in this instance. Most of those in leadership positions at the time Operation Burnham was conducted have moved on to other pastures and would not face punitive sanctions in any event. A few middle ranking soldiers might be called to account but it is doubtful that anything career threatening will happen to them. The soldiers who conducted the raid are very unlikely to be found to have committed illegal acts given the fog of war in difficult circumstances (I say this having read a number of the after-action summaries provided to the Inquiry).

Perhaps I am wrong and the Inquiry will find that the NZDF falsified documents and mislead the civilian leadership of the moment as to what actually occurred that night (one should recall then Defense Minister Wayne Mapp’s statements immediately following the raid versus later, once the book was published and he was revealed as a source for it). In that case perhaps some heads will roll. But I find that prospect unlikely.

What I do find likely is that, undermined by competing agendas amongst the principles involved in confronting the NZDF and shrouded by the mantle of secrecy afforded to it by the Inquiry, the military will pay no price even in the event that mistakes were made and innocents hurt as a result of them. I hope to be proven wrong and stand to be corrected if any of the above analysis is faulty, but at this juncture I think that in more ways than one the NZDF may well have dodged a bullet.

Media Link: The March 15 aftermath.

datePosted on 17:03, June 7th, 2019 by Pablo

I was interviewed as part of an Al Jazeera documentary on the aftermath of the March 15 terrorist attacks in Christchurch. The program is well worth watching because it addresses subjects that most of the NZ media do not want to wrestle with.

You can find it here.

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