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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.

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.

Launching into trouble?

datePosted on 14:03, May 7th, 2019 by Pablo

On May 5 the NZ-US joint venture company Rocket Lab successfully completed a night-time launch of its Electron booster carrying three US Air Force small satellites (smallsats) named Harbinger, SPARC-1 and Falcon ODE. The STP-27RD mission is part of the DoD Space test program run by the US Air Force Space Command’s Space and Missile Systems Center in collaboration with the Defence Innovation Unit as part of its Rapid Agile Launch Initiative (RALI). Funding for the launch came from Department of Defence (DoD) Other Transaction authority to award service contracts to non-traditional commercial small launch companies. The latter is interesting because it is not a line item category in the DoD budget but instead falls into the discretionary funds allocations category usually associated with the Defence Advanced Research Projects Agency (DARPA).

In its second commercial launch from Launch Complex 1 on the Mahia Peninsula, the booster safely deposited its 180 kilogram payload into an orbit 500 kilometres (310 miles) above earth at an inclination of 40 degrees to the equator. It is also the second launch with a military payload. Harbinger is a US Army sponsored commercial smallsat developed by York Space Systems that will perform tasks that demonstrate its ability to meet US Army Space capability requirements (however vague they may be defined in public, but which are technically specific in nature). The Falcon Orbital Debris Experiment (Falcon ODE), sponsored by the US Air Force Academy, evaluates ground based tracking of space objects. The Space Plug and Play Architecture Research CubeSat-1 (SPARC-1) is a joint Swedish-US experiment testing avionics miniaturisation, software defined radio systems and space situational awareness.

Rocket Lab is a commercial pioneer in Small Lift (SL)/Low Earth Orbit (LEO) booster technologies. Small lift refers to payloads under 500 kilograms and low earth orbit refers to orbits below 1,200 miles. Rocket Lab specialises in boosting payloads of less than 250 kilograms into orbits of 150-300 miles from earth. Smallsats are now broken down into mini-, micro-, nano-, pico- and femto-categories, increasingly in cubesat configurations (with the latter being 4x4x4.5 inch cube units that weigh less than 3 lbs. There are currently more than 900 cubesats deployed in LEOs). The majority of these satellites are used for telecommunications and geospatial mapping. The average cost for a Rocket Lab Electron booster launch is USD$5.7 million, which is very cheap by any comparison, and the company sees future cost reductions when monthly launch schedules give way to biweekly launches from Launch Complex 1 and dedicated facilities operated by NASA in Virginia.

Rocket Lab is touted as a NZ entrepreneurial success story. Indeed it is, although it is now a US based company headquartered in Huntington Beach, USA, with a NZ subsidiary based in Auckland and on the Mahia Peninsula. Most of the capital invested in Rocket Lab now comes from US based funds and companies. The Electron engines are built in Huntington Beach and the launch vehicle assembled in Auckland.

There can be no doubt that Rocket Lab is revolutionising the space industry. But the launch of foreign military satellites by a NZ based company from a launch site on sovereign NZ soil raises some important political, practical and legal questions.

With regard to legal matters, it is worth asking what legal framework is in place governing the use of NZ assets and soil for foreign military satellite launches. Foreign military deployments in NZ are governed by formal agreements, as are NZDF deployments on foreign lands in support of bi-lateral or multilateral missions. Exports of sensitive, dedicated or potential “dual use” (civilian and military) technologies by NZ companies require special export licenses and in some case prohibitions apply to said exports to specific countries. But what is the framework governing foreign military use of NZ-based launchers? As far as I know neither the NZDF or any other government agency have been part of a foreign military satellite launch in NZ, so there is no legal precedent for specifying the terms and conditions governing that activity, much less launches conducted by a NZ-based private firm on behalf of a foreign military partner.

That matters because launches of foreign military non-weaponised payloads, even if they involve signals and technical intelligence gathering technologies, are largely non-controversial and can be covered under the rubric of “scientific research” in any event. But without specific clauses in NZ law prohibiting the launch of foreign military weapons platforms from NZ soil and/or by NZ companies, the field is open for that to happen. With space weapons platforms undergoing the miniaturisation mania that has impacted all aspects of combat from drones to autonomous infantry fighting machines, it is only a matter of when, not if they will be deployed (if they have not been already. India and China have both recently tested satellite killing probes against LEO targets and Russia and USA have long had larger sized offensive hunter-killer satellites tracking each other’s military communications space platforms, even if these are little more than “dumb” bombs that are guided into the target in order to destroy it). So the scene is set for the eventual deployment of space weaponry from NZ territory.

The question is whether there is a legal basis to permit or prohibit foreign military satellites, especially weaponised satellites, being launched from NZ soil with NZ technologies. I am unsure if that is the case one way or another and have heard of no parliamentary or ministerial discussion of the matter. Amid all of the applause for Rocket Lab there has been no pause given to consider the implications of its partnership with a foreign military, albeit a friendly one. If readers know more than I do on the legal governance structure surrounding Rocket Lab’s partnership ventures with the US Defence Department or any other foreign military, please feel free to illuminate me in the comments.

At a political level, it must be asked whether the current government or its predecessor had much input into the decision to accept US military “sponsorship” of smallsat launches using Rocket Lab technologies and facilities in NZ. Was there NZDF and MoD input? Did DPMC and/or cabinet consider the longer-term geopolitical implications of the association, or was the discussion limited to the commercial opportunities presented by it? For a country that works hard to show a commitment to peace and independence in its foreign policy, would not linking US military interests and a NZ-founded company in a dual use venture that uses NZ territory for US power projection in space raise as many concerns as accolades?

There are practical implications to consider. Is Rocket Lab prepared to contract for payload launches with foreign military “sponsors” other than the US? Or have contractual impediments already been put in place to preclude that possibility, or at least preclude the likes of the Chinese, Russians, Iranians, North Koreans and/or others from participating in the opportunity? Is there anything in Rocket Lab’s contracts with the US or other foreign military partners that specifically prohibits weapons platform launches, no matter how small they may be? Absent a law covering that eventuality, it is left to the company to draw the line on who gets to fill the booster nose cones and what gets put in them. Is it fair to ask if Rocket Lab has put any type of restrictions on who it contracts with and what gets loaded onto its military-sponsored payload delivery systems?

If the contract to deliver military payloads is solely and exclusively with the US, then Rocket Lab has painted a target on Launch Complex 1 in the event that the US becomes embroiled in a large-scale conflict with a major power. Even if it allows nations other than the US to launch military payloads on Electron boosters, Rocket Lab has made the Mahia Peninsula a target whether or not weapons satellites are launched from there. After all, the main use of smallsats is for surveillance, tracking, mapping and telecommunications, all of which are essential for the successful prosecution of contemporary wars. So even if smallsats launched from the Mahia Peninsula do not carry weapons on them, the site becomes a potential target.

Put another way: Smallsats are difficult to target once deployed, so space warfare planners in countries that have the ability to do so and are antagonistic to Rocket Lab’s foreign military client/”sponsors” will aim to prevent their deployment from the Mahia Peninsula. That means that they have likely added Launch Complex 1 to their potential target “packages” in the event that great power hostilities break out on Earth or in space. As it turns out, the low cost and quick launch capabilities offered by the Electron booster also make it a great choice for rapidly replacing military satellites of all kinds when lost to hostile action, so prudent military planners will ensure that Rocket Lab’s vehicles do not get off the ground should push come to shove. And given that NZ air space and launch sites are less defended than similar territory in larger countries, the relative ease of launching pre-emptive or follow up strikes on Launch Complex 1 encourages its targeting by adversaries of Rocket Lab’s foreign military partners.

That means, of course, that NZ could be drawn into a land/space war in which it is not a principle but where its soil and facilities is used by one or another party to the hostilities. So the bottom line is this: does NZ have any control over or even say in who and what Rocket Labs gets to work with? Is there any contingency plan in place for the possibility that association with a foreign military in commercial space ventures could lead to the uninvited and untoward intervention of another foreign military power on NZ soil?

The unwanted jihadist.

datePosted on 11:31, March 6th, 2019 by Pablo

It turns out that Kiwi-born Mark Taylor, known as the so-called “bumbling jihadist” because he left the GPS tracking feature on his phone while he made pro-Daesh videos (including one where he burns his NZ passport and another where he calls for jihadists to stab police and military officers at ANZAC Day celebrations), has surrendered to the Syrian Democratic Forces, a Kurdish peshmerga alliance that is part of the mostly Western military coalition fighting Daesh under the name “Operation Inherent Resolve.”

He was fortunate or smart enough to surrender to the Kurds, who respect the laws of war and Geneva Convention when it comes to captured jihadists, something neither the jihadists themselves or the Syrian Army are in the habit of doing. This means that he can be transferred to other, Western members of the coalition for juridical administration. He is merely being held by the Kurds after he admitted who he was and that he was a member of Daesh. As far as the Kurds are concerned he has committed no specific crimes under their laws (beyond, perhaps, criminal association), so he is taking up space in a cell reserved for more unpleasant characters.

The issue of what to do with him has become a political football in NZ. The PM says that there is little the government can do for him because it has no diplomatic representation in Syria, much less the East Syrian conflict zone. But she then says that as a NZ citizen he is “our responsibility” even if NZ cannot help him where he is. The Deputy Prime Minister/Foreign Minister says good riddance to him, in part because he turned his back on his birth country and in part because he is a bigamist. The Opposition and Right-wingers of all types set to xenophobic baying about his betrayal of his home country, the risk he poses and the amount of taxpayer dollars that would be wasted on his return both in terms of travel as well as monitoring and incarceration of him.

The PM went so far to say that NZ has “no relationship” with “the forces” fighting in Eastern Syria even though it is well known that US, UK, Australian, French and German forces are fighting alongside the Kurds and NZ SAS troops are rumoured to be doing so as well. The NZDF has senior officers on the Joint Task Force staff assigned to Operation Inherent Resolve, so the notion that NZ has “no relationship” to those fighting in Syria (the same forces who drove Daesh out of Mosul and westward into Syria) is disingenuous in the extreme.

What is worse, the Australian journalist who interviewed Taylor in the Kurdish jail claims that Taylor told him that he was interviewed by NZ intelligence officers (presumably SIS) shortly after his capture/surrender in December. If that is true, then the government has not only known for a while about his whereabouts but is claiming no possibility of contact with him even though he has had face-to-face meetings with NZ agents. Be that as it may, I am still of the opinion that he may have some useful intelligence value left in him, as questioning in a Kurdish jail in winter is a bit different than interrogations conducted in a NZ detention centre at any time of year.

Given the amount of dissembling and ignorant ranting going on, I thought that I would clarify some of the issues at stake.

On the matter of whether or not Mr. Taylor has NZ citizenship in light of his renouncing it: Only a State can confer and withdraw citizenship. A person claiming to renounce citizenship without State sanction is just stating intention, not deed. Burning a passport (a token of sovereignty) just prevents one from legal inter-State travel. Citizenship is conferred by birth or by application and only lost when the State withdraws its recognition of it. That has not happened with Mr. Taylor. He remains a NZ citizen.

Under international law undocumented criminal suspects, including terrorists, are to be returned to country of birth if known. If an undocumented suspect is captured in battle or surrenders to an allied belligerent in a recognised conflict, s/he is a POW and must be treated as such. This includes irregular non-State belligerents captured by non-State actors like the SDF working alongside State militaries during an internationally approved (in this case UN-sanctioned) conflict against a common (in this case non-State) foe.

If possible, captured undocumented enemy POWs must be returned to their known country of origin to face justice. They can be kept in allied and home country military custody during transfer. There is no need for consular assistance or travel docs if they remain in military custody, just access to legal advice during process. Conversely, the military can transfer the prisoner to a location where his country of origin has diplomatic representation, whereupon he can be issued emergency travel documents. NZ has representation in both Iraq and Turkey, both of which have ties to the anti-Daesh coalition. It is therefore relatively easy to move Mr. Taylor out of Kurdish custody, into Western military custody and onwards to a location that either has NZ diplomatic representation and /or NZDF presence to whom he can be delivered (think, for example, of moving him from Kurdish-held Eastern Syria to Camp Taji in Iraq).

Should Mr. Taylor be returned to NZ he can be arrested and charged at the border under the Terrorism Suppression Act for being a member of an internationally-designated terrorist entity. To that can be added other charges depending on what he is suspected of having done while with Daesh and the evidence compiled of him doing so. At a minimum he could receive a 6-7 year jail term for aiding and abetting a criminal organization. At a maximum he could he found guilty of war crimes or crimes against humanity if he is found to have participated in atrocities or collective acts of violence against civilians (such as the enslavement of Yaziri women and girls as sex slaves. He has admitted he would have liked to have had a sex slave but could not afford one, so the question remains as to whether he participated in any act of kidnapping or enslavement while in Syria). NZ has legal authority to prosecute its citizens for war crimes and even though it does not have the death penalty (except, apparently, for treason), a guilty verdict on a war crime could result in life imprisonment.

Concerns have been voiced that if he returns home the leniency in the judicial system could see him freed and out on the streets. There is a possibility of this if his defence attorneys ask for psychiatric evaluations that prove that he is not mentally competent to stand trail. He clearly is intellectually sub-par (an uncle of his claims that he suffered brain damage as a toddler during a fit of some sort), and his actions over the years indicate that he may be a bit of a lost soul. Even his co-religionists at the mosque that he worshipped at in Hamilton say that he was more interested in companionship and a sense of belonging than in waging jihad.

If he is released he undoubtably will be monitored closely, not only by the security services but members of his own religious community. In fact, I would not be surprised if he is shunned by the latter because of the disrepute he has brought upon them. So as far as posing an on-going risk to society if he returns and is freed, I would hazard the guess that it would be very low.

The more likely scenario is that he will return in custody, be held on remand during the time he is on trial, be found guilty of terrorism-related crimes and sentenced to a significant period in prison. Some believe that if that happens he will then work to radicalise fellow inmates, as is often a common practice in US and UK jails and which has some precedent in NZ. But the truth is that Mr. Taylor is a follower not a leader and does not have the cunning and agile thought processes that would make him a convincing jailhouse preacher. So here too my reckon is that he will not pose a threat of radicalisation to other inmates. If anything, other inmates will pose a threat to him (think white supremacists, gang members and others who make take a dim view of his citizenship renunciation and embrace of Islam and jihad).

There is question as to whether he has wives and/or children in Syria. That is a humanitarian concern because arguably they are innocents caught up in his mess. If it turns out that he does in fact have family in Syria, the question is then what to do with them? If they have no connection to NZ it is perhaps best for them to return to their hometowns, but that is a question that refugee resettlement and immigration officials will have to address in the event that he is returned to NZ.

The most sorry aspect of this is that the fate of Mr. Taylor has become yet another pawn in the partisan bickering in Wellington. The truth is that the case is straight-forward: he is a NZ citizen and member of a terrorist organisation who was captured by allied forces. His return is mandated by international law. NZ law requires that he be arrested, charged and tried according to provisions in the Terrorism Surpression Act and perhaps other related laws. Anything other than this is an abdication of responsibility by the NZ government and a denial of his democratic rights to a fair trial and legal defence (because even bad guys have legal rights in democracies).

For NZ there is opportunity in this process. Returning him and putting him on trial demonstrates that NZ is a responsible international citizen that assumes the burden of dealing with its own when they misbehave (because let us be clear: membership in Operation Inherent Resolve is not just about contributing to the military campaign against ISIS in the Levant; it is also about accepting responsibility for deciding the fate of coalition member citizens who joined ISIS and lived to tell the tale after capture). It gives the Crown an opportunity to test the TSA after the fiasco of the Urewera 18 case (the so-called “dog’s breakfast” case that saw seven people eventually tried on firearms, not terrorism charges). It shows that NZ is a a nation where the rule of law supersedes political cynicism and popular sentiment. It serves as a cautionary tale and possible deterrent to other home-grown would-be jihadists. And it keeps at least one foreign fighter from returning to Daesh any time soon.

The Bully’s gambit.

datePosted on 12:54, February 28th, 2019 by Pablo

It has been an open secret in US foreign policy circles that Donald Trump wants to go to war with Venezuela. He has said as much on a number of occasions, not always disguised by the “all options are on the table” rhetoric his advisors urge him to use. In his recent book former FBI Deputy Director Andrew McCabe mentions that Trump asked his national security team “why can’t we go to war with Venezuela,” claiming that it should be easy to do so. He may soon get his wish.

Let’s be clear on why Trump wants to wage war on a southern neighbour. It stems from the fact that he is an ignorant bully who believes in the 1823 Monroe Doctrine (or as much as he is told of it, especially the part about being the Western Hemisphere’s police force) and pines for the days of Teddy Roosevelt’s Roughriders and gunboat diplomacy. He covets Venezuelan oil even though its decrepit pumping and refining infrastructure, US oil surpluses and relatively low oil prices make his notions of “controlling” it a bit more complicated than his simple mind can grasp. But as a deep-seated xenophobic racist he hates Latinos in any event, and the corruption and incompetence of the olive-skinned Venezuelan leadership led by Nicole Maduro feeds into all of is prejudices about them. Add to that the fact that, even though he himself is a draft-dodging silver-spooned coward who has no real comprehension of the sacrifices and costs of going to war, he revels in it and the bloodlust it incites amongst the MAGA morons who follow him.

What he is not interested in is the plight of the Venezuelan people or the nature of Maduro’s rule. After all, he heaps praise on Kim Jong-un, Mohammed bin-Salman, Rodrigo Dutarte and Vladimir Putin, so respect for human rights, providing for the common good and freely-chosen open government are not high on his list of priorities. Instead, the Venezuelan crisis, which essentially is an economic crisis brought about by government mis-management, corruption and incompetence that evolved into a national humanitarian crisis and now a political crisis–or what Gramsci called an organic crisis of the State–provides Trump with a window of opportunity for him to act out his fantasy of being a war-time president.

The machinery for going to war appears to have been switched on. Since I have been involved in such things in a past life, let me explain how it works.

The move to war starts with the White House via the National Security Council (NSC) asking the Department of Defense (DoD) to draw contingency plans for an armed confrontation with Venezuela. The request is conveyed to the regional units responsible for Latin America, in this case the office of the Assistant Secretary of Defense for International Security Affairs and the Deputy Assistant Secretary of Defence for the Interamerican region (OSD-ISA-IA). The request is also sent to the Joint Chiefs of Staff and its directorates responsible for war-planning in Latin America (especially J2 (Intelligence) and J3 (Operations)), as well as the Undersecretary of Policy and Plans (OSD-US-PP). These agencies often combine resources into a Joint Task Force (JTF) that games out a number of scenarios.

Military intelligence agencies such as the DIA are tasked to gather actionable intelligence on key targets, and the regional military command responsible for Latin America, the Southern Command based in Miami, is assigned the role of drawing up battle plans. The US Special Operations Command in Tampa will also be involved, and between these commands and the JCS the specific mix of airforce, naval and ground forces will be calibrated, then activated (the US favours an air-sea-land approach to conventional warfare, especially if special operators are involved). This will include units with regional focus such as the US Atlantic Fleet and 12th Air Force, as well smaller detachments like Special Boat Units and Air Force special operations wings.

Strategic planners in DoD will narrow down feasible options using multi-level cost/benefit analyses. Interagency working groups will be formed in order to coordinate information flows and policy feedback across affected bureaucracies (for example, the State Department, Homeland Security, Treasury and Customs, since all are involved in the pre-and post conflict response). US military attaches will be ordered to liaise with their Latin American counterparts in order to gauge reaction to any hostile US move (and explore the possibility of cooperation in operations in the case of Brazil and Colombia) and diplomats will be dispatched throughout the region to shore up support for the US and explore the possibility of material assistance from individual countries.

The CIA, NSA and DIA will assign regional and country specialists to the planning and covert assets and signals specialists will increase their reporting on the Venezuelan regime’s internal dynamics and its military’s behaviour, movements and communications. In a case like Venezuela’s where the regime is under siege and the US backs the opposition, the CIA will facilitate backdoor talks between exiles, opposition figures, disgruntled military personnel and US officials so as to ensure that all are playing off of the same page in the lead up to war. If needed, a cover plan–say, the need to provide urgent humanitarian assistance to desperate people as requested by the US friendly opposition–is drawn up in order to pre-position assets and material in preparation for hostilities.

All of this has already been or is being done by the US with regards to Venezuela. Reports have it that numerous flights operated by a CIA-front air charter service from a civilian airbase adjacent to Fort Bragg, North Carolina (home to US Army special forces) have departed for Colombia carrying humanitarian aide. The US special envoy for Venezuela, Elliot Abrams, and the US Deputy Assistant Secretary of Defence for Interamerican Affairs traveled to the Colombian-Venezuelan borders last weekend to meet the Opposition leader Juan Guaido and oversee the unloading of provisions destined for Caracas (a move that was blocked by Venezuelan National Guardsmen). Cuban authorities have reported that US special forces have deployed to Puerto Rico and other Caribbean islands in a pre-positioning move (the Cubans have their own reasons to make such claims but their intelligence is very often accurate).

If plans are in an advanced stage, contact with opposition resistance groups in the Venezuelan capital and other population centers will have been made and perhaps weapons supplied. A plan to neutralise the regime leadership and its intelligence networks will be readied. A provocation ploy (say, murder of a US-backed Opposition figure) or excuse for action plan (e.g. threats to US citizens) may be drawn up should it be required as a justification for war.

These things take time, so it is safe to say that if by this point the battle plan is well developed, Trump gave the war order very early in his presidency. DoD and JCS cannot refuse the president’s request even if they oppose it; their duty is to comply with what the Commander-in-Chief has requested. This may not preclude them from approaching Congress about concerns regarding the proposed operation. After all, this is would not be a war of necessity but rather one of opportunity (if not vanity), and the costs involved may not justify what is achieved even in a best-case scenario. But with people like Senator Marco Rubio baying for regime change in Venezuela, the congressional mood to resist the president at this stage is mixed at best, so military concerns about it may not find a receptive audience on the Hill.

In any event, the CIA and US Air Force planes ferrying supplies to Colombia land and take off from the town of Cucuta, located on the Venezuelan border and the site of a violent confrontation last weekend on the transnational bridge linking the two countries. Abrams flew in a USAF aircraft to that town’s airport, which is home to an Army mobile infantry brigade and conventional infantry brigade (largely made up of counter-insurgency companies). This reminds the Venezuelans that Colombia is the US’s closest Latin American military ally, having fought decades together against drug traffickers, the FARC and other guerrilla groups. Colombia is signalling that it will, at a minimum, allow the US to stage and pre-position forces on its territory, even if just on military bases. The Colombians have despised the Bolivarian regime since Chavez’s times, and now their ideological enmity has been practically reinforced because the crisis has seen a mass refugee migration from Venezuela into Colombia at the same time that increased smuggling flows head in the other direction. Social cohesion in border regions has been negatively affected and the public purse is being stretched by the need to provide for the refugees as well as maintain public order and border security. The Colombians have had enough.

Usually the Brazilian military would be reluctant to allow the US to stage and deploy military forces from Brazilian territory. But the election of right-wing populist Jair Bolsonaro, who explicitly modelled himself on Donald Trump during the 2018 campaign, means that things have changed. Bolsonaro is keen to cultivate the White House’s good graces, and offering forward positioning rights along the Venezuelan border is one way of doing so. Brazilian and US commandos will welcome the opportunity to hone their skills together in a real operational environment. Here too ideological enmity dovetails with practical necessity, as Venezuelan refugees have fled into Brazil in increasing numbers over the past few months. It is therefore likely that Brazil has agreed to a US military presence on its border with Venezuela.

As the crisis accentuates and the impasse continues, US military planners will pour over maps and powerpoints, then hammer down the details of the means, methods and tactics to be used, as well as Plan B and C scenarios. Assets will be discretely transferred to staging areas and liaison with host militaries and resistance groups will be established. Strategic targets such as oil derricks and refineries will be given special attention.

Trump has a short term reason to activate the war plan: the 2020 elections. His political rationale in the upcoming election year is to influence the outcome via manipulation of nationalistic sentiment at home. This comes naturally to him given his vulgar political mind, and he sees Venezuela as an easy nut to crack. Aided by his allied media outlets, the drumbeat for war has been banging loudly for the last few months and is getting louder. Given the potential results of the Mueller investigation as well as those of several Democrat-controlled House Committees (such as the Michael Cohen hearings now underway), to say nothing of his failed summits with Kim Jong-un about denuclearising the DPRK (as if that was a realistic prospect), Trump might not be able to wait to pull an “October Surprise” even this year (they usually happen in the month before the election, not a year before). So we can expect that the pace of war preparations will increase over the next weeks to months.

For the Maduro regime, the issue is simple: raise the costs to the US (and possibly others) of any armed intervention in the country while either exhausting the opposition via attrition or negotiating a transition pact with it. The military will need to use stealth, manoeuvre and cover against a superior force, hoping to prolong the conflict so that Trump begins to pay a price for his folly. In this it will have the help of Cuban advisors skilled in the art of guerrilla warfare, including proficiency in tunnelling (learned from the Vietnamese) and the use of tactics such as helicopter trapping (where attack helicopters are lured into range of anti-aircraft weapons by small arms fire). If the conflict can be prolonged and US soldiers begin to die in significant numbers, then the bully gambit may just backfire on Trump.

I may have omitted or erred on a few details, but this will be the general thrust of things should Trump decide to pull the trigger that starts a war. I have not included post-conflict reconstruction and nation-building scenarios, but I assume that State Department planners, including those from the Agency for International Development (AID, already on the ground in Cucuta) will be hard at work figuring out post-conflict plans (although truth be told the US is not very successful at producing post-conflict outcomes that are clearly favourable to it). The matter of “what happens next?” once the war is over remains open to conjecture.

The bottom line is that a lot of preparation and resources go into contingency planning for war even against a relatively weak opponent, and even if the costs and fallout are uncertain and multidimensional in nature. This is true even if war is avoided: the costs of the preparations alone are monumental. One thing is therefore certain. The US path to war with Venezuela would have to have started some time ago and the costs are real even if battle is not joined. And if it is, the consequences will be felt for a long time to come way beyond Caracas.

Interest, values, trade and security.

datePosted on 14:59, February 18th, 2019 by Pablo

The media frenzy about the NZ-PRC relationship got me to thinking, but as I got to thinking I found myself meandering off of my original train of thought. You see, at first I was pondering the one-sided, hectoring nature of the media coverage, where pro-China shills like the business writers at the Herald and assorted corporate types and National Party flunkies like Tod McClay were allowed to run their mouths about how the relationship with China was headed down the tubes. There was the Kiwi coward resident 34 years in China* who implicitly disparaged Anne Marie Brady by saying that “(i)t’s unhelpful for politicians and a few anti-Chinese professors to feed uncorroborated McCarthyite conspiracies about Chinese spy networks in their countries and targeting anyone who doesn’t share their view.” There was Audrey Young’s reference to “ivory tower” eggheads in her regurgitation of business lobby bullet points. All of this was offered without a single rebuttal.

  • *I am not going to mention this useful fool’s name but it would have been nice if a “journalist” has asked him, given his long residency in China and successful business ventures there, whether he was a dual citizen and/or member of or has ever had any formal contact with the Chinese Communist Party, whether he has ever had to “facilitate” transactions or provide pay-offs to party or local officials and whether he is on any Chinese government payroll as a spokesperson, business “ambassador,” representative, go-between or in any other capacity. I say this because it is unusual for Chinese authorities to allow non-diplomat Westerners to comment on official reactions to PRC-related events in foreign countries even if they are citizens of the country in question.

There were even pro-China academics featured in the media and assorted pundits opining that the Labour-led government needed to pull an about-face and correct things ASAP. There were the usual skeptics about the GCSB rational for advising against using Huawei in the 5G roll-out. One of them, a well known rightwing blogger and pollster, used a 2012 junket to Huawei headquarters paid for by the company to proclaim that all the security concerns were a stich up up of an honest company so that Western telecom firms could gain a competitive advantage. There were the usual shouts of racism from the Chinese language media and wanna-be “influencers.” There was even something that looked suspiciously like a planted fake news article in an English language mainland media outlet that was extensively and uncritically quoted in the Herald that said that Chinese tourists in Aoetaroa complained about being “stabbed in the back” by the Kiwis. I shall leave aside the curious fact that the article only appeared in English and used rather odd quotes to describe the reaction of tourists to a minor diplomatic row involving their home and host countries–a row that had zero effect on them.

It was all so sickly obsequious to the Chinese that my initial thought centred on whether most of NZ’s business and political elites (and their lackeys in the media and academia) were so obsessed by self-enrichment, greed and short term opportunism that they completely lost sight of their moral compasses. After all, China is a one-party authoritarian state that uses mass internment camps to control a restive ethno-religious minority, mass surveillance as a form of social control, violates human rights in systematic fashion, transgresses international norms and laws as a matter of course (such as in the island-building projects in the South China Sea) and uses bribery, corruption, fraud and intellectual property theft as an integral part of its business development models. This would seem inimical to the values of the paragons of virtue extolling the “special relationship” between the PRC and NZ but nooooooo. The Chinese are good for the NZ economy and that is all that matters. It would seem that the trade-oriented business elites and their political puppets are China’s Vichy representatives in Aotearoa.

That sent my thoughts in a more academic direction. I recalled that Marx wrote that the combination of private ownership of the means of production and universal suffrage could not hold because if everyone got an equal vote and only a few were property owners (capitalists), then capitalism would be voted out of existence. He was wrong about that due to the reform-mongering function of the capitalist State, but that got me to thinking that he also wrote that capitalists were incapable of being patriots because profits were made globally and hence their interests were not confined to their countries of origin. People may recall that in the Manifesto he wrote “workers of the world unite!” as a response to capitalism as it entered the Gold Age of imperialism, a topic that Lenin subsequently developed a greater length.

It occurred to me that in the arguments about China we see a NZ variant of this. NZ capitalists and their toadies do not give a darn about democratic values, transparency, norms, a rules based order or the security concerns of Western states. They are in it for the buck and if that means kowtowing to a dictatorship then so be it. Given that NZ business and political elites have kowtowed to the likes of the Saudis, this should not be surprising. In their view if there is money to be made then the less impediments to doing so the better.

The smarter types will show the structural impact of Chinese trade with NZ by citing the usual $27 billion in 2018 bilateral trade figure and 8,700 jobs connected to it. But this trade is mostly in milk powder, tourism and English language and tertiary education (as NZ exports) and consumer non-durables (electronics, light machinery and plastics, mostly) as imports, so it is not as if NZ is going to turn into a high tech artificial intelligence and robotic hub thanks to the Chinese. The bottom line, then, is the bottom line: NZ capitalists by and large will cling to the window of opportunity presented by the opening of the Chinese market even if it confirms our trade dependency on primary goods and agro-exports and even if it means sacrificing NZ’s commitment to principle when it comes to exercising an independent foreign policy.

That was going to be the end of my thought process on the matter. I was going to balance the criticism of China by noting that the US and traditional Western partners have less than stellar records in their foreign relations and spy histories and that the US under Trump is an insane clown posse when it comes to international affairs even if the intelligence and security professionals who staff the 5 Eyes network would not be swayed by the craziness swirling around them and would make assessments about security matters on objective grounds. But then I got to thinking about something I read repeatedly on right-wing political sites: values.

One of the major objections to the Chinese and NZ’s relationship with the PRC appears to be the issue of values, or the fact that we do not share values. People point out the long cultural ties that bind NZ to the UK and Anglophone Commonwealth as well as the US. They point to joint sacrifices in war and peace, common sports, notions of good and bad, proper behaviour, etc. These folk do not want these shared values to be usurped and replaced by Asian values, or at least the Confucian-derived cultural mores that contact with China brings to NZ. The list of fears and concerns is long but the bottom line is that many on the conservative side of the political ledger have real fears of the Chinese “other” that go beyond the “Yellow Peril” of the Cold War.

That prompted a turn in my thought. You see, although I have a fairly idealistic streak and understand the utility of constructivism in international relations practice, I am a realist at heart. And realists are not sappy snowflakes looking for a global group grope. Instead, they focus on two things as the currency of international relations and foreign policy: power and interest. As the saying goes, in an anarchic world or Hobessian state of nature where values are not universally shared and norms are contingent on voluntary acceptance by independent State actors as forms of self-imposed restraint, then what matters is the exercise of power in pursuit of national interest.

That leads me to the following pseudo-syllogism:

States have interests, not friends.

Foreign partnerships are based on interest, not friendship.

Trade and security relationships are therefore interest-based.

They may overlap, complement but should never countervail.

A State’s degree of interest in any matter is self-defined.

Values help define but do not determine interest.

Interest may be influenced by values and values may involve shared cultural mores, norms and history that make for notions of “friendship,” but interest is not reducible to them.

Interest prevails over values when interest and values are at odds.

It is the relationship between values and interest that concerns me now. If I accept that values are only part of the definition of interest, then I must accept that shared values do not necessarily place some forms of interest above others. Nor does the absence of shared values do likewise in the negative. And if that is the case, then the matter of trade versus security must be weighed based on the degree of value-free interest in each and the impact each has on the ability of NZ to wield what limited power it has on the global stage.

The issue is problematic because NZ has long claimed to have a “principled” foreign policy that is based on the values of independence, multilateralism, transparency, non-proliferation, human rights adherence and assorted other good things. I do not believe that NZ actually adheres to these when push comes to shove or even as a foreign policy bottom line, but if virtue signaling in international relations is characterised as lauding the role of “principle” in foreign policy, then NZ is the semaphore of that movement.

To be sure, NZ is a trading nation and is committed in principle to it. Securing a favourable balance of trade that helps GDP growth and distribution is a matter of economic security and must be included in any national security estimates, to include threat assessments. There are as a result practical and principled reasons why the issue of assessing relative interest is so important and why it may favour the trade whores.

Put another way, what are the interests at stake in NZ’s security relationships and what is their worth to the national well-being when juxtaposed against the country’s trade relationships (since security and trade have been uncoupled in the NZ foreign policy perspective)? If the benefits of trade are real and immediate while the benefits of security partnership are more ethereal or hypothetical than real (especially given the actual and opportunity costs involved), interest would dictate that trade should be favoured over security. But what if the benefits of security relations are more like those of insurance policies, in which you only fully realise them when you need them? How do you calculate the pluses/minuses of the trade-security dichotomy over the medium to long-term?

I do not have the answer to this. I have written plenty about the NZ-PRC-US strategic triangle and the unfortunate balancing act NZ has to engage in because of the misguided attempt to trade preferentially with China, on the one hand, and seek security guarantees through partnership with the US, on the other. Either could have worked in isolation or when the two great powers were not in competition, as it seemed when the two-track foreign policy approach was developed and refined in the late 1990s and early 2000s. But those days are long gone. There are ascendent and descendent great powers contesting for dominance in the Western Pacific, and we are just another pawn in their increasingly acerbic game.

So the question now is how do we measure “interest” in our trade and security relationships and which, on balance, should we favour given the centrifugal pull of each on our policy-makers? Do we give up our Western-centric security ties to fully embrace a China-led Asian/non-Western foreign policy orientation? Or do we give up the material benefits of our Asian-focused trade, learn to live within our means and reaffirm our security ties to our “traditional” partners? Is there a middle road or happy medium that can be pursued without suffering the consequences of alienating our partners on either side?

That seems to be the preferred option for the moment. But that assumes that NZ has a choice in the matter and that its behaviour will influence the corresponding behaviours of its larger, contending interlocutors because their respective interests are maintained by our dichotomous foreign policy approach. That is a very tenuous assumption to make because it is also quite possible that in the end it will be a larger partner who, exercising its power over us in its own national interest within a strategic context dominated by great power rivalries, that makes the choice for us.

Spare a thought for Anne-Marie.

datePosted on 10:10, February 15th, 2019 by Pablo

Put yourself in the following position: You are a professor at a NZ university, a NZ citizen who although well-known in your academic sub-field is virtually unknown outside of academia. Your research interests focus on the foreign policy of an Asian country and you have written well-received books and articles about aspects of it. You speak and read the language of that country and have many contacts in it. Because of your acknowledged expertise, you are invited to give talks and presentations on these subjects and are awarded visiting fellowships at prestigious institutions overseas.

In 2017 you write a paper about how the country you study influences politics in NZ. The paper is not theoretical or conceptually ground-breaking, but instead gives a fairly detailed description of the people and organisations involved in promoting the interests of that country in Aotearoa. It demonstrates the pervasiveness of this influence-mongering amongst the NZ political elite, including the two major political parties. It also shows the systematic way in which this country uses front organisations to control the foreign language media related to it as well as shut down independent ex-pat voices critical of it. The country you study is, not surprisingly, ruled by a one-party authoritarian regime and intolerant of criticism at home and abroad.

The paper is first presented overseas, whereupon the local media seize upon it to highlight how that country is exploiting the NZ political system. You receive much media attention and gain your five minutes of fame.

However, within weeks of it being made public, you begin to receive threatening messages and phone calls from people who apparently do not like the thrust of your paper. A few months after its publication your university office and home are burgled, twice. Nothing of value is taken other than some cell phones, lap tops and flash drives. The thieves make no attempt to disguise the robberies.

You go to the police to report the crimes. You have not had this happen to you before and you are concerned that the burglaries may be connected to the threats about your paper. The police initially fob you off saying that burglaries are a low-level crime and therefore of low priority, but then re-open their investigation after you go to the media to express your concerns that something sinister may be at play. The police dedicate a special investigative unit to the task and contact Interpol, the international police information sharing organisation, about the case. Months go by.

Almost a year after the burglaries, while your car is being warranted, the mechanics doing the job notice that your front tires appear to have been deliberately deflated. Not knowing who you are they contact the police because they believe the vandalism could result in a serious accident. The car in question is used by other family members as well as yourself, so when the police contact you it causes you further alarm. You worry about the safety of your husband and children as well as your own.

A few months after the tire-tampering the Police issue a statement saying that the investigation has concluded with no culprits having been found, either for the burglaries or the tampering. They encourage people with additional information to come forward but reiterate that they will not continue to investigate the case. The offenders have gone free. Meanwhile, even though statements of support for your right to academic freedom and freedom of expression have been signed by scholars and activists at home and abroad, the government–including the Prime Minister–refuse to be drawn on the case.

What are you to do? Here you are, a NZ citizen who has every reason to believe that the actions taken against you have the hand of a foreign power. behind them. The police offer you no protection but instead advise you to up your own security and have the university do likewise in your workplace. You do not know if the offenders are still in your home town or if they will come back again. You put on a brave face but you are afraid. You might even consider moving to a safer place, perhaps out of the country.

This is the situation facing Anne Marie Brady. All she did was write a paper detailing Chinese influence in NZ politics. She deserves to have her rights as an academic and a person of conscience defended by those entrusted with protecting the security of NZ citizens. Instead, those responsible for doing so decided that there was nothing that they can do. She is on her own in her own country.

Perhaps there are reasons of State behind the Police decision to wind up the investigation. Perhaps the Police are simply incompetent and wasted over a year chasing shadows. Either way, professor Brady has reason to feel that she has been abandoned by the authorities.

If in fact the burglaries and vandalism were done to intimidate her because of what she wrote, and if the perpetrators were aided, abetted or acted as agents of the Chinese regime, then they succeeded. Because even if professor Brady will not be intimidated, the real message from the NZ Police and the Labour-led government is that those who write critically about the PRC do so at their peril even if they do so while on NZ soil.

The Venezuelan mess, again.

datePosted on 10:37, February 6th, 2019 by Pablo

I continue to watch developments in Venezuela with interest, including the reaction of the international community to the crisis. Increasing numbers of democracies are lending their support to Juan Guaido’s presidential challenge, including 11 of 14 members of the Lima Group convened to facilitate negotiations on a peaceful resolution. Spain, Portugal, Denmark, Austria, the Netherlands, Sweden, Latvia and Lithuania joined the UK, France and Germany (and Canada!) in siding with Guaido after the Maduro government refused to call for new elections within the eight day deadline demanded in an ultimatum issued by the EU members. It seems that much of the Western democratic world is now openly opposed to seeing Maduro continue in office.

That got me thinking more about Juan Guaido. How could this young (age 35) man emerge so quickly and be received so warmly by so many democracies? What I found out is interesting.

Guaido is a former student activist and industrial engineer who received post-graduate training at George Washington University in Washington DC. He got into politics when the Chavez government closed down the most popular private TV station in Venezuela and proposed constitutional reforms that strengthened the presidency at the expense of the other two government branches, and has reportedly spent time since entering public life at several Right-leaning think tanks in the US and Europe. After his introduction to politics he came under the wing of the well-known anti-Chavista Leopoldo Lopez. Lopez, now under house arrest, is a neoliberal economist by training (he has degrees from Kenyon College and the Kennedy School of Government at Harvard). He is the son of a former president and former mayor of Caracas himself, so his elite credentials are impeccable (he even did his high school education at an exclusive private boarding school in the US). Reportedly a friend of Elliot Abrams (see previous post), he was a leader of the 2002 abortive coup against Hugo Chavez and spent several years in military prison as a result. In 2014 he led another failed uprising against Maduro, getting house arrest rather than popular support for his efforts. He agitates from his home, where he uses social media and encrypted apps to communicate with foreign and domestic allies and uses his telegenic wife to serve as his spokesperson.

In 2009 Lopez and Guaido formed the Voluntad Popular (Popular Will) Party. Although it claims to be a Social Democratic Party affiliated with the Socialist International, VP gained notoriety for its uncompromising, hardline anti-Bolivarian orientation and direct action street tactics. Although some of its thuggery was in response to that of Bolivarian militias and para-militaries, the strategy employed by VP was essentially a two-track approach: work within the institutional framework as given by contesting elections for the National Assembly and presidency; and use direct action on the streets to foment mischief and undermine Bolivarian attempts to establish law and order.

Under an agreement with Lopez, Guaido became VP’s parliamentary leader while Lopez retained the party chairmanship. First elected as an alternate delegate in 2010, Guaido was elected to a full National Assembly seat in 2015 and, given that more senior party members were either under arrest or exiled, named Opposition Leader in 2018. Under the power sharing arrangement in the National Assembly, Guaido assumed the rotating parliamentary leader’s position on January 5 of this year. A week later he declared his presidency, arguing that Maduro’s re-election was illegitimate due to massive fraud and low voter turn-out (both of which are true). Under the Venezuelan Constitution, the National Assembly leader is declared president if the elected President and Vice President are disqualified, absent or cannot serve, which Guaido claims is the case here.

There is strong suspicion that Lopez has a direct connection to neoconservative circles in Washington, and through them, the Trump administration. There is speculation that some form of material assistance is being funnelled from the US, including from Venezuelan exiles, to VP in order to support its anti-regime efforts and the Guaido campaign. Although I have no direct knowledge of this, it would not be surprising if these claims prove to be true given the quickness in which Guaido emerged on the scene, the strength of the organisation supporting him and the rapidity with which the US recognised his claim. What is confirmed is that emissaries from a number of the region’s democracies as well as the US met quietly and exchanged secret messages with Guaido and his representatives in the weeks leading to his assumption of the parliamentary presidency.

This has me wondering why so many democracies have been quick to jump on the Guaido bandwagon. They surely are not acting just out of ideological distaste for the Bolivarian regime. They surely have good information on Guaido’s background and connections to Lopez and US interlocutors. They surely must know that although Maduro and his cronies are reprehensible thieves posing as a popular government, Guaido’s connections to the US will make it very difficult for him to claim legitimacy and could in fact, spark a violent backlash from the 30 percent of the Venezuelan population that continue to support Maduro (mostly the poor and working class). They also must understand the perils of supporting a foreign-backed constitutional coup (which is essentially what being attempted), especially when the move is closely tied to the threat of US military intervention. So why would they abandon long-held commitments to upholding the doctrine of non-intervention?

Some will argue that the humanitarian crisis in Venezuela requires drastic action and that action cannot come from within Venezuela under present circumstances. Yet even the issue of humanitarian assistance has turned into a political tug of war. The Lima Group and European democracies, led by Spain, have pledged humanitarian assistance, mostly in the form of food and medical provisions, to Venezuela. The same is true for Argentina, Canada and Brazil. But they insist on having Guaido and his supporters administer the aid provision, something that the Maduro government categorically rejects. Neither contender is interested in talking to the other about jointly administering relief assistance and instead are busy staging demonstrations and claiming support from within the military (where so far Maduro has a considerable advantage).

Perhaps the show of external support for Guaido is designed to be no more than a form of pressure on Maduro to call for new elections under international supervision, and not really a vote of confidence in Guaido per se. Coupled with the redoubling of sanctions by the US, UK and others against Maduro, his entourage and state agencies suspected of money laundering, the idea seems to be that the combination of forces being applied to the Boliviarians will make them cave to the election demands. The reasoning may well be that Maduro will see this option as preferable to civil war or a coup because it gives him the chance to run again rather than be run out of town in a hearse. After all, the primary rule for coup-plotters is that the people being ousted must not survive the ouster less they come back to haunt the usurpers–something the failed coup against Chavez demonstrated in spades.

This assumes that the target of the foreign pressure a) feels it to the point of pain and b) has no other options other than to cave to it. At this moment there is no evidence to suggest that Maduro and company are close to either concern. And for all his foreign support, Guaido does not appear to have moved the dial with regards to popular support significantly in his direction.

What we have, thus, is what the Latin American political scientist Guillermo O’Donnell (of bureaucratic-authoritarianism and democratic transitions fame) once called (with reference to Argentina 1946-1983) an “organic crisis and hegemonic stalemate” where both sides can check the other but where neither can unilaterally impose its vision for arresting the national decline.

Under those conditions, it may well be external actors who play a decisive role in determining the outcome, something that does not bode well for the prospects of national reconciliation required to reaffirm democracy while returning peace and stability to Venezuelan life.

Cyber-hacking comes to Aotearoa.*

datePosted on 19:04, December 21st, 2018 by Pablo

The Government Security Communications Bureau (GCSB) has announced that Chinese hackers were responsible for cyber intrusions against New Zealand managed service providers (MSPs), the telecommunications firms responsible for providing phone, email and internet services and data banking to individual, public agency and corporate consumers. This is surprising only because it confirms what private security analysts and partner intelligence services have been claiming for some time: that the Chinese are engaged in a global campaign of cyber theft of commercial secrets and intellectual property. They do so as part of a strategy to become the world’s dominant information and telecommunications player within 50 years, and they do so by using ostensibly private firms as cover for hacking activities directed by the Chinese Ministry of State Security (MSS).

The GCSB announcement coincided with indictment by the US Justice Department of two Chinese nationals who have been identified as belonging to the Advanced Persistent Threat (APT)-10 Group of MSS hackers operating under the cover of a Chinese-registered firm, Tianjing Huaying Haitai Science and Technology Development Company Ltd. (Huaying Haitai). Huaying Haitai claims to provide network security construction and product development services but has only two registered shareholders, one manager and no web presence (the domain name huayinghaitai.com is registered to the firm but cannot be found on-line, which is particularly odd for an internet security provider). The US has publicly identified Huaying Haitai as the corporate front for ATP-10, and the GCSB has confirmed that ATP-10 was responsible for the New Zealand-targeted cyber intrusions it has detected since early 2017.

The UK simultaneously announced that Chinese hackers had conducted a decade long-campaign of cyber-theft against British commercial entities, while the US identified 75 US-based targets as well as others in 12 other countries (excluding New Zealand). The GCSB announcement is therefore part of a coordinated effort by Western governments to identify Chinese-based cyber-theft campaigns, and follows on similar Australian revelations announced during the 2018 APEC summit a month ago.

The ATP-10 cyber-hacking campaign violates the terms of a 2016 APEC agreement signed by China (and New Zealand) committing member states to not use cyber hacking in order to engage in commercial espionage or intellectual property theft. It violates similar pacts signed with the US and UK in 2015. This means that China is deliberately violating international agreements for commercial gain. It also makes all Chinese-based telecommunications suspect, both in terms of their purported use of so-called digital backdoors built into their products that can be used by Chinese intelligence as well as their duplicitous corporate behaviour when it comes to proprietary information. In effect, Chinese telecommunications are seen as bad corporate actors as well as intelligence fronts by Western countries. This has caused firms such as ZTE and Huawei being excluded from critical infrastructure projects and 5G network upgrades in a number of countries, including, most recently, New Zealand.

The GCSB announcement refers to Chinese hacking in pursuit of cyber theft of sensitive commercial and intellectual property. It does not mention specific targets or refer to cyber-espionage per se.Yet the two are overlapped because of the nature of the targets and means by which they attacked. ATP-10 hacking attacks are aimed at Managed Services Providers (MSPs) who store data for individuals, public agencies and firms. These include large multinational email, internet and phone service providers as well as smaller cloud-based data storage firms.

If ATP-10 and other hackers can penetrate the security defenses of MSPs they can potentially bulk collect, then data mine whatever is digitally stored in the targeted archives. Although the primary interest is commercial in nature, the overlapping nature of data networks, especially in a small country like New Zealand, potentially gives ATP-10 and similar hacking groups access to non-commercial political, diplomatic and military networks.

For example, a home computer or private phone that has been compromised by a cyber hack on a internet service provider (ISP) can become, via the exchange of information between personal and work devices, an unwitting entry point to work networks in the private and public sectors that are not connected to the individual’s ISP. This raises the possibility of incidental or secondary data collection by hackers, which in the case of state organized outfits like ATP-10 may be of as much utility as are the commercial data being targeted in the first instance.

The dilemma posed by the GCSBs announcement is two-fold. First, will the government follow the GCSB lead and denounce the behaviour or will it downplay the severity of the international norms violations and intrusion on sovereignty that the ATP-10 hacking campaign represents? If it does, it sets up a possible diplomatic confrontation with the PRC. If it does not, it exposes a rift between the GCSB and the government when it comes to Chinese misbehaviour.

Neither scenario is welcome but one thing is certain: no response will stop Chinese cyber hacking because it is part of a long-term strategy aimed at achieving global information and telecommunications dominance within fifty years. But one response will certainly encourage it.

  • An earlier version of this essay appears on the Radio New Zealand website, December 21, 2018 (https://www.radionz.co.nz/news/on-the-inside/378835/cyber-hacking-comes-to-aotearoa).
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