What price for “friendship?”

Donald Trump’s classless lecturing of NATO leaders on the need to increase defense spending, and his subsequent refusal to endorse the alliance’s collective defense policy (“an attack on one is an attack on all”), should serve as a warning to New Zealand policy makers. Coming after his calls for Japan and South Korea to increase their defense spending less their security ties with the US be reviewed, Trump’s attitude towards US security alliances is a sobering reminder that New Zealand is not immune from his bullying.

Trump specifically wants US security allies to spend 2 percent of GDP on “defense.” The US currently spends 3.6 percent of GDP on military expenditures, including 14.5 percent of the federal budget. European Union countries spend 1.4 percent and 4.1 percent of GDP and central administrative expenditures, respectively, on defense. Overall, NATO countries spend 1.5 percent of GDP on their militaries, with only five member states (including the US) spending two percent or more. As for other US security partners, Australia spends two percent (and envisions future spending increases), South Korea spends 2.6 percent, Japan spends one percent and New Zealand spends 1.2 percent of GDP on defense (the same as Germany).

The 2 percent of GDP benchmark for individual member contributions to NATO’s defense was an aspirational goal first raised during the Cold War and periodically reaffirmed thereafter. In February 2017 US Secretary of Defense James Mattis made the goal a requirement extended to non-NATO US security partners as well, warning that the US “would moderate its commitment” to them if they did not meet the threshold by the end of this year. This runs counter to the overall trend of the past decade, where with the exception of frontline democratic states like Estonia, Poland and South Korea, military expenditures have fallen throughout the liberal democratic world, terrorism notwithstanding (which cannot be fought by conventional military means anyway). In fact, the only regions that have seen increases in military spending over the last decade are the Middle East, North Africa and Central Asia, all active conflict zones dominated by authoritarian regimes.

Should Russia continue to encroach on NATO borders or hostilities between the West and China and/or North Korea increase, that might change, but the truth is that unlike the US most liberal democracies put the welfare of their subjects before war preparations, which means that they largely spend more on health, education and welfare as a percentage of central government budgets than the US does, while the US, in turn, spends more on “defense” than most of its democratic counterparts and, in fact, most authoritarian states as well (China, for example, spends 1.9 percent of GDP and 16 percent of central government expenditures on “defense”, while Russia spends 4.9 percent and 15.9 percent, respectively).

Contrary to what some US pundits allege, there is no free-riding and nothing parasitic about the contributions to collective defense of most NATO members and other US security partners–they are simply paying the amount that their priorities deem to be appropriate. The US wants to maintain its global military dominance in a world of rising new and old powers, so it spends more and wants those in its alliance networks to do likewise. But that does not mean that the latter could or should do so given their domestic priorities and threat environments. The “one size fits all” approach to collective defense does not account for the particular circumstances of individual countries, something that Mr. Trump fails to understand.

This is why New Zealand needs to prepare for pressure from the Trump administration on matters of mutual security. The Wellington and Washington bilateral agreements bind New Zealand to the US as a military ally in everything but name only. It is a first tier US intelligence partner given its membership in the “5 Eyes” signals intelligence collection alliance that includes Australia, Canada, the UK. It is a NATO associate. It is therefore likely that the US will demand that New Zealand “lift its game” to the 2 percent of GDP mark, especially given that Australia already has.

Trump’s nominee to be ambassador to New Zealand is a portent of things to come. Former Massachusetts Senator Scott Brown, an unremarkable politician except for the fact that he once posed nude for a lady’s magazine and is an open advocate of torture as an interrogation technique, is slated to take up the post in Wellington by the end of this year, pending Senate confirmation. Given Mr. Trump’s advocacy of torture and his musing about re-opening the CIA-operated extraordinary rendition/black site kidnapping and secret detention program, it is possible that Mr. Walker will be the bearer of bad news in the form of demands for New Zealand to increase security budgets to US satisfaction and toe the new line when it comes to extrajudicial approaches towards terrorism.

This pressure must be resisted. Although it can be argued that New Zealand’s strategic position and threat environment may not readily accord with its current security posture or spending (for example, by having an Army-centric military and limited blue water patrol capability in a maritime nation), it is also clear that New Zealand’s security interests do not uniformly coincide with those of the US and more importantly, the Trump administration approach to fundamental norms such as the Laws of War and Geneva Convention. Moreover, New Zealand’s trade position is more vulnerable than that of its larger military partners, which makes blind compliance with US security demands risky when these involve antagonizing economic partners such as China.

When the subject of the two percent threshold was raised earlier in the year, former Defense Minister Gerry Brownlee dismissed the notion that New Zealand would raise its spending in response to US demands. It remains to be seen if his assurances will hold over the longer term. As it stands, New Zealand’s spending on intelligence and security, including the NZDF, has increased over the last decade and is high when compared to the 1990s and early 2000s. Current spending priorities are on cyberdefense, counter-terrorism and equipment upgrades for conventional forces. These can all be addressed for less than two percent of GDP.

In the wake of Mr. Trump’s remarks to NATO and the G7 Forum, German Chancellor Andrea Merkel warned Europeans that they could no longer rely on the US on matters of security and trade, and that they needed to look to themselves when determining their fate. New Zealand needs to heed that advice. One way of demonstrating resolve in the face of US pressure is to declare Mr. Walker persona non grata in light of his support for torture and the emerging Trump security doctrine. The opportunity to do so arrives next week in the person of US Secretary of State Rex Tillerson, who will be on his first official visit to NZ. Declaring  Mr. Brown unwelcome may result in some diplomatic discomfort, but if New Zealand is to maintain its reputation as an honest broker and independent actor in international affairs, it is a small way of demonstrating that when it comes to its security the price of partnership is not up for negotiation.

A shorter version of this essay appeared as an opinion piece in the New Zealand Herald, June 2, 2017.

ANALYSIS: Lieutenant General Tim Keating’s Operation Burnham Account Highlights Key Legal Concerns.

Guest Post by Selwyn Manning – Editor of EveningReport.nz.

KP Note: The issue of what the NZSAS did or did not do in Operation Burnham, a 2010 raid in Afghanistan that became the subject of the controversial book Hit and Run by Nicky Hager and Jon Stephenson, must not be buried and forgotten by the next news cycle. The issues at stake go to the core of democratic civil-military relations: issues of accountability, transparency and civilian oversight of the armed forces. In the following guest post veteran journalist Selwyn Manning (formerly of Scoop and among other things co-founder of 36th Parallel Assessments) dissects the NZDF response to the allegations in the book and takes a close look at some important discrepancies in the official version of events. Readers are encouraged to carefully consider what he has uncovered.

There’s an overlooked aspect of the New Zealand Defence Force’s account of Operation Burnham that when scrutinised suggests a possible breach of international humanitarian law and laws relating to war and armed conflict occurred on August 22, 2010 in the Tirgiran Valley, Baghlan province, Afghanistan.

For the purpose of this analysis we examine the statements and claims of the Chief of New Zealand Defence Force (NZDF), Lieutenant General Tim Keating, made before journalists during his press conference on Monday March 27, 2017. We also understand, that the claims put by the Lt. General form the basis of a briefing by NZDF’s top ranking officer to the Prime Minister of New Zealand, Bill English.

It appears the official account , if true, underscores a probable breach of legal obligations – not necessarily placing culpability solely on the New Zealand Special Air Service (NZSAS) commandoes on the ground, but rather on the officers who commanded their actions, ordered their movements, their tasks and priorities prior to, during, and after Operation Burnham.

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According to New Zealand Defence Force’s official statements Operation Burnham ‘aimed to detain Taliban insurgent leaders who were threatening the security and stability of Bamyan Province and to disrupt their operational network’. (ref. NZDF rebuttal)

We are to understand Operation Burnham’s objective was to identify, capture, or kill (should this be justified under NZDF rules of engagement), those insurgents who were named on a Joint Prioritized Effects List (JPEL) that NZDF intelligence suggested were responsible for the death of NZDF soldier Lieutenant Tim O’Donnell.

Lieutenant General Tim Keating, Chief of New Zealand Defence Force.

When delivering NZDF’s official account of Operation Burnham before media, Lieutenant General Tim Keating said:

    “After the attack on the New Zealand Provincial Reconstruction Team (NZPRT), which killed Lieutenant Tim O’Donnell, the NZPRT operating in Bamyan Province did everything it could to reduce the target profile of our people operating up the Shakera Valley and into the north-east of Bamyan Province.

“We adjusted our routine, reduced movements to an absolute minimum, maximised night driving, and minimised time on site in threat areas.

“The one thing the PRT [NZPRT] couldn’t do was to have an effect on the individuals that attacked Lieutenant O’Donnell’s patrol. For the first time, the insurgents had a major success — and they were well positioned to do so again.”

For the purpose of a counter-strike, intelligence was sought and Lt. General Keating said: “We knew in a matter of days from local and International Security Assistance Force (ISAF) intelligence who had attacked our patrol [where and when Lt. O’Donnell was killed].”

The intelligence specified the villages where the alleged insurgents were suspected of coming from and Lt. General Keating said: “This group had previously attacked Afghan Security Forces and elements of the German and Hungarian PRTs.”

The New Zealand Government authorised permission for the Kabul-based NZSAS troops to be used in Operation Burnham.

“What followed was 14 days of reliable and corroborated intelligence collection that provided confirmation and justification for subsequent actions. Based on the intelligence, deliberate and detailed planning was conducted,” Lt. General Keating said.

Revenge, Keating said, was never a motivation. Rather, according to him, the concern was for the security of New Zealand’s reconstruction and security efforts in Bamyan province.

As stated above, Operation Burnham’s primary objective was to identify, capture or kill Taliban insurgent leaders named in the intelligence data.

We know, from the New Zealand Defence Force’s own account, Operation Burnham failed to achieve that goal.

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Where to draw the line?

Here are some thoughts for readers.

It is reported that former US Sen Scott Brown (R-MA) has been nominated by the Trump administration to be US ambassador to New Zealand. Besides a record that includes being a centrefold model, party to a sexual harassment lawsuit, and an undistinguished US Senator after a career in local politics in his home state, Mr. Brown is on record as saying that he supports the use of water boarding and other forms of torture. This is of particular note because Mr. Brown is a lawyer who served in the Massachusetts National Guard as a Judge Advocate General’s (JAG) officer, that is, as part of the Army legal system. He should therefore presumably be familiar with Jus in Bello, Jus ad Bellum and other international conventions that, among other things, prohibit the use of torture in war and peacetime.

NZ is a signatory to the Geneva Convention, which prohibits torture (as a war crime). It also supports the International Court of Justice, which prosecutes war crimes and crimes against humanity (which include torture).

Every country has the right to refuse to accept the credentials of foreign ambassador-designates.

So the question is: as a responsible member of the international community and a strong supporter of the rule of international law, should NZ refuse to accept Scott Brown as the incoming US ambassador? Or should it adopt a policy of diplomatic necessity and cast a blind eye on Mr. Brown’s support for state-sanctioned criminal acts in order to curry favour with the Trump administration?

And, as a sidebar: Inspector General of Security and Intelligence Cheryl Gwyn is currently undertaking a lengthy investigation into whether NZ, via the SIS and/or NZDF, was involved in the extraordinary rendition and black site programs run by the US under the Bush 43 administration (which involved the extrajudicial kidnapping and secret detention without charge of suspected Islamicists, several of whom wound up dead as a result of their treatment while in captivity). These  programs included the use of water boarding and other forms of torture as supposed interrogation techniques at the US military prison in Guantanamo Bay (Camp Xray) as well as a network of black sites around the world (not all of whom have been identified yet and which it is possible Ms. Gwyn’s investigation might shed light on). Given this background, will the decision on Mr. Brown’s acceptability as the US ambassador be indicative of what we can expect from the government when it comes to her findings?

I would love to hear your opinions.

From failure, opportunity comes.

When President Trump signed the executive order withdrawing the US signature from the Trans Pacific Partnership Agreement (TTPA), he signed the death warrant of that multinational trade deal in its present form. The US was the core member of the TPPA and held the dominant negotiating position within it, so the decade-in-the-making, laboriously undertaken and vexing complex compact that was agreed to by the other eleven signatories is now all but null and void.

There are options, however, for the TPPA that may allow it to survive and thrive in light of Trump’s unilateral abrogation.

First, the other eleven member states can put the agreement into hibernation, wait for the 2020 US presidential election and hope that a more trade-oriented president succeeds Trump.

Second, they can hope that the Republican congressional leadership will force Trump to reverse his decision sometime between now and 2020. That would only occur if Trump is weakened by some failure and the GOP sensed that it could re-assert its traditional pro-trade stance at his expense. The Democrats would welcome the move for opportunistic partisan reasons even if some of its leading figures such as Bernie Sanders also oppose the TPPA and applauded Trump’s decision to pull plug on it.

Third, the members could look to themselves and re-draw an agreement that is less US-centric. Many of the provisions insisted on by the US could be reconsidered and even dropped in exchange for increased preferences for the interests of previously junior TPPA partners.

Fourth, the remaining TPPA partners could look to fill the void left by the US with another large market economy. The one that springs immediately to mind is China. That is where things get interesting, and where opportunity may lie.

China is already party to the ASEAN-China Free Trade Agreement (ACFTA) that established a regional free trade area that is the largest in terms of population and third largest in term of trade volume and nominal GDP. Some of the ACFTA signatories are also parties to the TPPA (Brunei, Malaysia, Singapore, Vietnam). This agreement is considered to be a “true” free trade agreement in the Ricardian sense because it reduces tariffs across 7,881 product categories to zero percent, with the result being that tariffs on ASEAN goods sold to China fell to 0.1 percent and those of China sold in ASEAN to 0.1 percent in the year the agreement went into force (2010)

The non-US TPPA members could opt to negotiate an agreement with ACTFA as one course of action. That may be difficult given that the TPPA is not a “genuine” FTA as much as it is an investor guarantee agreement (IGA) in which market regulations are altered to attract foreign investors and these are protected from legal liability in the event of disputes with the host state. What is not included in the TPPA are across-the-board reductions to zero tariff, and in fact many domestic industries remain protected or subsidised throughout the TPPA membership as part of the horse trading undertaken during negotiations over its central tenets. But it may be possible to reconcile the two trade deals in an effort to create a new super trade bloc on neo-Ricardian grounds.

Another option might be to invite China to the table. It has the second largest market in the world and is continues to grow at a sustained and rapid pace in spite of the vicissitudes of the world economy over the last two decades. It is making the transition from export platform to a mixed domestic mass consumption/value-added export model, and it has previously expressed interest in joining the TPPA. The US blocked consideration of China’s membership because it saw the TPPA as the economic equivalent of the military “pivot to Asia” announced by the Obama administration, that is, as a hedge against Chinese economic, diplomatic and military influence in the Western Pacific Rim in what amounts to a new Containment Policy in the Asia-Pacific.

With the US gone, China has an opening and the remaining TPPA members have an opportunity. The TPPA will have to be renegotiated, but it is likely that the non-negotiable provisions insisted by the US will not be supported by the Chinese and can be dropped in the effort to entice their interest. In turn, China might have to accept something less than blanket reductions in uniform tariffs and agree to a tariff reduction regime that is more segmented and scaled in orientation and gradual and incremental in application (i.e. more product or industry specific and phased in over a longer period of time). That is clearly within the realm of possibility, as is Chinese agreement to other TPPA provisions stripped of their US-centric orientation.

China has already signalled its intentions in this regard. President Xi used this year’s Davos Forum to preach the virtues of free trade and global commerce, arguing against protectionism as an impediment to international understanding and exchange. China has proposed the creation of a Regional Comprehensive Economic Partnership (RCEP) along the lines mentioned above with regard to an ACTFA-TPPA merger but with the provision that the US be excluded. There are many details to be ironed out but the groundwork has been laid for that to happen.

What makes the turn to a China-included trade bloc a potentially win-win proposition for remaining TPPA signatories is that the key provisions demanded by the US–changes in market regulations and preferential market entry clauses for US business interests (including changes in patent and copyright protection) and imposition of limited liability clauses in the event US businesses are sued by local governments–were those that were most resisted by domestic audiences in several TPPA member countries. Removing them not only allows the agreement to be free of those constraints but also diffuses a source of domestic opposition in countries where such things matter.

One thing TPPA states should think carefully about, especially small states like New Zealand, is the invitation to negotiate bi-lateral trade deals with the US instead of the TPPA (something just announced by the Trump administration). The historical record shows that large asymmetries in market size favour the larger over the smaller partner in bilateral trade agreements. This is due to economies of scale, market dominance, and economic and geopolitical influence derived from market size advantages. The recent track record of bilateral deals between the US and smaller states reinforces this fact. Australia, South Korea, Chile, Colombia and the Central American nations plus Dominican Republic grouped in the CAFTA scheme all have bilateral FTAs with the US. In all instances the majority benefits accrued to US-based companies and industries and the benefits accrued in the partner states were limited to specific export markets (mostly in primary goods), with little flow-on, trickle down or developmental effects in the broader national economies.

So rather than “jump on a plane” to sign a bilateral deal with the US, as one wag put it, smaller states such as New Zealand need to think hard whether the bilateral alternative with the US is more long-term beneficial than a multilateral agreement, especially when it has shown that under a certain type of administration the US is willing to renege on its commitments even if they are multilateral rather than bilateral in nature. With the Trump administration also set to review and replace the tripartite North American Free Trade Agreement with Canada and Mexico (NAFTA), it is clear that honoring commitments and maintaining continuity in trade policy is not, even if just for the short term, on the US agenda.

When one widens the lens on what the Trump administration is doing in terms of its threats to withdraw from various bi-and multinational defense agreements unless the partner states “pay more” for US protection, it becomes clear that the US is not, at least for now, a reliable international partner.

The reason is that the new US attitude to trade is part of a larger phenomenon. The neo-isolationist protectionism embedded in the “America First” approach adopted by the Trump administration has ended, however temporarily, over 50 years of bipartisan consensus in the US political elite on the merits of international engagement. Be it in trade, foreign aid or collective defense, the US policy elite, both public and private, have embraced globalisation as a means of projecting US power, influence and values world-wide. That era has come to end for the time being, and so long as Trump is successful in pursing his “America First” strategy it will continue to be so.

That may or may not make America Great Again but it could well have a negative impact on those who seek mutual benefit by engaging with it. They will be asked to do more, pay more and offer more concessions in order to be granted US favour.

In the absence of an alternative, that is an unenviable position to be in. But if alternatives are available, then the current moment in US politics provides a window of opportunity to countries that have found themselves marginalised by Trump’s policy directives. The re-orientation of TPPA is one such opportunity because, if for no other reason, a US return to the TPPA fold in the post-Trump era will see it with much less leverage than it had up until now. Add to that the possibility of increased benefits via a renegotiated deal with the remaining and possibly new partners, and the downside of the US withdrawal seems acceptable.

From a smaller nation perspective, that is a good thing.

Appearances are deceiving.

In a recent editorial in the Herald an academic welcomes what he claims is a return to New Zealand’s “independent” foreign policy. As evidence he cites the Chinese rebuke of New Zealand for siding with the Permanent Court of Arbitration’s ruling in favour of the Philippines in its dispute with China over the legality of Chinese claims in the South China Sea, the remarks by New Zealand’s UN ambassador condemning Russia’s use of its Security Council veto to thwart humanitarian assistance provision in Syria, and New Zealand’s co-sponsorship of a UNSC resolution condemning Israeli settlements in occupied Palestine.

I disagree. None of these examples offer proof of “independence” in foreign policy. Instead, they represent long-standing New Zealand positions and, if anything, a pro-US orientation on all three issues.

I submitted my response to the Herald but it was rejected. So I publish it here.

When New Zealand campaigned for a temporary seat on the UN Security Council it rested its case in large measure on making progress on the Israel/Palestine conflict and pushing for a halt to the Syrian civil war on humanitarian grounds. With regards to Chinese building of artificial islands on South China Sea reefs claimed by (and sometimes in sight of) other countries, New Zealand has consistently urged adherence to international maritime law, particularly rules governing freedom of navigation, safe passage and non-militarisation of environmentally sensitive ecosystems. All of these positions were firmly staked out well before the supposed return to foreign policy independence.

The New Zealand position on the three issues dovetails neatly with that of the US, and in fact it was the US abstention on the UNSC settlement resolution, in a change from long-standing practice of vetoing any resolution critical of Israel, that made the difference in securing its passage. It is likely that the US signalled this shift in advance of the UNSC vote, thereby giving diplomatic cover to New Zealand and its co-sponsors.

“Independence” in foreign policy implies autonomy in decision-making and execution.  New Zealand does not have that. Instead, what New Zealand has is a “multifaceted” foreign policy that consists of three components: trade, diplomacy (including climate diplomacy) and security. These issue areas are not treated holistically, that is, as component parts of a larger scheme. Instead, they are approached compartmentally by the diplomatic corps (also known as being “siloed” in the bureaucratic jargon).

On trade New Zealand looks East, especially but not exclusively to China, for its material fortunes. It does so pragmatically, disregarding the human rights, environmental or political records of its trading partners. Diplomatically it rests on principle, seeking to reaffirm multilateral solutions brokered by international organisations like the UN and regional bodies such as ASEAN as well as upholding the rule of law in international relations. For security New Zealand acts practically and looks West, particularly to the other members of the Five Eyes intelligence network (Australia, Canada, the UK and the US). The latter also has a strong military component as a result of historical ties to the Anglophone world and the Wellington and Washington declarations signed in 2010 and 2012, respectively, which make New Zealand a first tier security partner of the US.

The overall conceptual mix underpinning New Zealand foreign policy is one of idealism or realism depending on what issue area is being addressed. That does not make for independence, which presumably rests on a core set of principles that extend across the field of diplomatic endeavour. If anything it is opportunistic and short-term in orientation.

New Zealand’s approach to foreign policy violates a maxim of international politics known as “issue linkage” where security partners trade preferentially with each other and vice versa. In this framework, diplomatic endeavour in discrete policy areas is treated as part of a larger long-term strategic plan that is coherent across all aspects of international exchange. However, in New Zealand’s practice, trade, diplomacy and security are treated separately, without an overarching strategic umbrella binding them together.

New Zealand’s approach ignores the reality of great power competition, specifically but not exclusively that between the US and China, where New Zealand finds itself economically dependent on one rival and security dependent on the other. Already the Chinese have begun to threaten New Zealand with economic reprisals if it continues to align its approach to the South China Sea disputes with that of the US (using as a pretext investigations into Chinese steel dumping in NZ, which the Chinese have issue-linked to the maritime dispute). The US has countered China’s rise by attempting to promote the Trans Pacific Partnership as a trade hedge against Chinese economic influence in the Western Pacific (now moribund as the result of the Trump election victory) and by re-emphasising its security commitment to New Zealand, most recently evident in the visits by Vice President Joe Biden and Secretary of State john Kerry and the port call by the USS Sampson on the occasion of the RNZN 75th anniversary celebrations.

Trading preferentially with one emerging great power while strengthening military and intelligence ties with its superpower rival does not make New Zealand “independent” unless one thinks that straddling a barbed wire fence while standing on ice blocks is a sign of independence. With the US and China on a collision course as their rivalry heats up across the spectrum of contentious areas, something that the Trump presidency is likely to aggravate, the time when New Zealand may have to choose a side may well be approaching. An independent country with an autonomous foreign policy grounded in a coherent long-term strategic plan would not have to make such a choice.

The current conundrum is the product of a turn away from independence that began after 9/11 when the 5th Labour government opted to begin the process of reconciliation with the US after the chilling of bilateral relations resultant from the 1985 non-nuclear declaration by the Lange government. Since the decision to become a model of Ricardian trade economics was made well before 9/11, the move to bilateral reconciliation with the US introduced an element of multipolarity to New Zealand diplomacy, something that has now become entrenched in its multifaceted approach to international affairs.

New Zealand diplomats will reject the suggestion that the country’s foreign policy is bipolar, multipolar or anything other than independent. They will say that the current approach allows New Zealand to put its eggs in several baskets and thereby avoid over-reliance on any one of them. That is good public relations (mostly for domestic consumption), but reality suggests otherwise.

In the current era of global politics where international norms and laws are continually violated with impunity (including those outlawing crimes against humanity and war crimes), and where international organisations have been shown to be powerless to stop even the most grotesque of atrocities, small states must increasingly chart courses of action in an arena dominated by great powers that have, in at least some cases, no interest in upholding or adhering to international norms and law, much less submit their sovereign decisions to the dictates of international agencies. That makes pursuing independence as a matter of principle perilous at best.

Perhaps the pundit cited at the beginning does not realise it (probably because he does not specialise in international relations theory or foreign policy practice), but the current international moment is more akin to a Hobbesian state of nature rather than a Rousseauian meadow. Trying to remain “independent” as a small state in such an environment is more likely to lead to the fate of Melos (which was destroyed by the Athenians when it refused to abandon its neutrality in the conflict between Athens and Sparta during the Peloponnesian Wars) rather than national security, peace and prosperity. In that light a multifaceted approach may be the least harmful course of action if for no other reason than the fact that pursuing foreign policy independence is impossible and potentially disastrous in a context where universal rules no longer apply and great power rivalries are starting to spill into conflict (be it armed, cyber or economic).

Be it by choice or necessity, New Zealand abandoned an independent foreign policy more than a decade ago. What it has been doing ever since is to play a compartmentalised three-sided game as a hedge against uncertainty in a world in transition, choosing friends, partners and allies as circumstances warrant. As a result it is now involved in counterpoised relationships with rival great powers at a time when international law and organisations are largely ineffectual. The conceptual ice upon which its foreign policy stands in slowly melting and the barbed perils of foreign policy contradiction are approaching in equal measure. The trend is irreversible.

This is New Zealand’s Melian Dilemma.

No Hard Feelings?

Sources in the US Navy have revealed that it will send an Arleigh Burke class guided missile destroyer to the RNZN 75th anniversary celebrations in November. The details of the participating ship have been sent to the New Zealand government but have not yet been released. However, I have it on good information that the ship will likely be the USS William P. Lawrence (DDG110). It is part of Pacific based Destroyer Squadron 21 and home ported at Naval Station San Diego. It is a relatively new ship, having been launched in 2009, christened in 2010 and entered into service in 2013.

Arleigh Burke class destroyers are gas turbine propelled and under peacetime conditions carry no nuclear munitions. So whether it is the USS Lawrence or a sister ship, the requirement that the visiting US grey hull be neither nuclear propelled or armed will have been met.

If indeed it is the ship being sent, the USS Lawrence has an interesting recent history. In May 2016 it participated in the freedom of navigation exercises the US Navy conducted in and around the Fiery Cross Reef in the disputed territories of the South China Sea that China has been building a reclaimed island upon. It has also conducted anti-poaching patrols and fisheries inspections in the Western Pacific in conjunction with local and regional fisheries agencies as well as the US Coast Guard, and undertook a recent port of call in Suva, Fiji. It most recently participated in the 30-nation Rim of the Pacific (RIMPAC) exercises off of Hawai’i. In its present deployment it serves as something akin to a regional USN “guard ship” for the Southwestern Pacific. It even has its own Facebook page.

Readers will know that I publicly suggested that the US send the USS Mercy, a hospital ship home ported at Pearl Harbour. My reasoning was that the hospital ship could symbolise the humanitarian side of US naval operations (something that is a core mission of the RNZN) and could even do stop-overs in island states on the way to and from Auckland in order to offer check ups and exams, vaccinations and other medical assistance to disadvantaged Pacifika populations. Sending a hospital ship would be good PR for the US Navy and would also help defuse some of the opposition to the visit because it would look pretty silly for an activist flotilla to try and block an unarmed humanitarian vessel when other nation’s gunships received no such hostile welcome.

But no. That would be too much to ask of the US Navy. Instead, what they are sending is a ship of the destroyer class that succeeded the class of which the USS Buchanan (DDG-14) was part. In 1985 the USS Buchanan had pretty much the same role that the USS Lawrence does today. So after all of these years of acrimony, the US Navy has decided to send NZ the same, updated version of the boat that it tried to send in 1985.

Symbolism, much?

A note on the US navy ship visit.

So the US has agreed to send a ship to the RNZN 75th anniversary celebrations in November. That means that it has accepted New Zealand’s non-nuclear policy and will send a ship that is neither nuclear armed or propelled. It may have taken 33 years for it to finally loosen up on its “neither confirm or deny” policy when it comes to nukes on board, but the US realises that the geopolitical and strategic environment in which that policy was adopted is long gone and has been replaced by another in which continuing to adhere to it is a matter of hubris that is both churlish and counterproductive. Given the pressing realities of Chinese strategic competition in the Western Pacific and elsewhere, the US needs to consolidate its alliance commitments in the region. If acknowledging New Zealand’s non-nuclear stance is one way of doing so, than any loss of face is well worth it.

Pundits on the NZ Left and Right have claimed that NZ has “won” in its dispute with the US and that it is a great “victory” for the anti-nuclear movement that took to the waters of the Waitemata Harbour three decades ago. Quite frankly, I find the crowing about victory to be infantile because there were many other factors at play and decisions such as this are not a simple matter of win or lose. Moreover, with the Wellington and Washington agreements and RNZN participation in the annual US-led RIMPAC naval exercises, the bilateral military relationship between New Zealand and the US is pretty much back to first-tier partner status regardless of the symbolic stand-off about nukes. Add to that the fact that US nuclear submarines regularly patrol around (and some suggest in) NZ territorial waters, and the reality is that NZ’s non-nuclear status does not impede US naval operations near its shores regardless of what is said in public.

The issue of the US “relenting” is all about context. First off, the strategic environment has changed considerably. It is well known that US surface ships, with the exception of carriers, are all diesel power and as of 1991 have not carried tactical nuclear munitions. Even if resurgent, Russia no longer poses the global nuclear threat to the US that it once did, and although China has emerged as the giant’s rival in the last two decades, it still has limited capacity to project blue water force deep into the Pacific in a measure that would constitute a direct challenge to US maritime interests. However, the Chinese are working hard to address that imbalance, evident in their land reclamation projects in the South China Sea and their overtures to South Pacific island states with regard to naval port visits and fishing rights, something that the US views with concern and which in part motivates Vice President Biden’s whirlwind tour of the region this week. Likewise, the re-establishment of the Russian Pacific Fleet also signals that the era of US maritime supremacy is now subject to contestation, so the US well understands that it needs all of its military allies working off of the same page when it comes to these new challenges. Recognizing the RNZN on its anniversary is one small way of doing so.

More importantly, from the moment President Obama stepped into the Oval Office he made de-nuclearization a cornerstone of his foreign policy. The Iran nuclear deal, the increased sanctions levied on North Korea, the slowing of advanced weapons sales to Pakistan, the repeated attempts to engage in bilateral strategic ballistic missile reductions with Russia–all of these efforts were undertaken as part of Obama’s vision of a safer world. It is therefore completely logical given his commitment to a world without (or at least with lesser amounts of) nuclear weapons, that under his administration the US would relent on the issue of NZ’s non-nuclear policy. In fact, it can be argued that the Obama administration wants to highlight its agreement with the principled commitment to a non-nuclear stance by authorising a US ship visit on a ceremonial occasion with symbolic significance given that several other nuclear powers will be among the 30 odd nations sending naval vessels to the celebrations–including its new competitors.

I have publicly suggested that the US send the USS Mercy, a hospital ship home ported at Pearl Harbour. It would symbolise the humanitarian aspects of naval deployments that the RNZN claims as one of its core missions and would defuse the grounds for opposition of protesters who see US warships as imperialist death platforms. Surprisingly, this suggestion has been ridiculed by some (most on the Right) who say that a ship without guns is not “exciting” and is not a real naval vessel. Given that navies around the world have tenders, tankers, tugs, intelligence collection vessels and assorted other non-combat ships, it strikes me as strange that some people think that the US decision to send a navy ship is a victory for NZ and yet that victory must be confirmed with a warship visit as opposed to something with a non-combat purpose. Given that the NZDF spends much time publicising its non-combat, peacekeeping and humanitarian roles, I would have thought that a visit by a US naval vessel whose purpose was something other than kinetic operations would be perfectly suited for the occasion.

In the end the decision by the US to accept the invitation to send a ship to the RNZN anniversary celebrations was a triumph of good sense over bureaucratic intransigence within the US defense establishment, pushed as much by the president’s commitment to a nuclear weapons-free world as it is by the evolving strategic realities in the Western Pacific Rim that require the US to consolidate its military alliance commitments in the region. Some in NZ may think that it “won” and the US lost with its change of posture, but a simple glance at geopolitical realities suggests that it was not the NZ non-nuclear movement that forced the change so much as it is the influence of much broader factors in a context when haggling about nukes on board is about as relevant to modern naval warfare as is arguing about the relative merits of spinnakers and mainsails.

History will not Absolve You!*

“You may pronounce us guilty a thousand times, but the Goddess who presides over the Eternal Court of History will, with a smile, tear in pieces the charge of the Public Prosecutor and the verdict of this court. For she acquits us.” 

In the wake of the Chilcot Report, which made it clear that the decision to go to war in Iraq was made on the basis of “faulty” (which is a polite way of saying manufactured) information and that war was not the last option but pretty much the first from the get go comes as a damning indictment of Tony Blair and the then government’s decision to go to war.

Blair himself has been unrepentant but I have never expected Poodle Blair to ever admit fault but I was surprised by the harsh tones of the report as I had expected it to be a whitewash of history. So once in a while I am pleasantly surprised and I don’t think the issue is going to go away in the UK any time soon, if anything the report’s findings will be fuel for the fire of not just the relatives of the dead but the soldiers who came back scarred both mentally and physically.

Blair of course has stuck with the tired and spineless line that issues with the intel or otherwise removing Saddam (and all the other blunders that Iraq turned into) was the right course of action, history will judge him.

Even at the time the intel was saying the case was bad, even before the war it was turning into a snow job of biblical proportions as the war drums were being beat. I clearly remember the Christchurch Press screaming headlines about Saddam and the need for his removal while my co-workers at the time regurgitated the same blather the media was feeding them right on cue. If I had ever needed a functional example of manufactured consent here it was alive and in my face (telling me Saddam had nukes and it could happen in NZ). It was the same gibberish as the first Gulf War but now with 50% more neo-con BS.

Forgetting that Saddam had previously had been a friend of the West, had been given arms and intel by them when he was fighting Iran (who could possibly forget the photo of Saddam and Donald Rumsfeld shaking hands at a meeting some time in the mid 1980’s) it was still a dud argument but when ever has the truth ever gotten in the way of a good war.

Meanwhile in New Zealand, John Key comes out in support of Blair and the war (here) and has refused to accept that he is on the “wrong side of history” under the similar argument of “well we made the decision on the basis of the information we had at the time so hindsight is a wonderful thing but you gotta make omelets”.

Really? O’rilly? Exsqueeze me? Baking soda? What is this BS? Aheenaheenaheena!*

John Key, the son of an Austrian Jewish refugee mother and an English father who fought in the Spanish Civil War (I can only assume on the republican side given his nationality) and World War II. If anyone should have been raised with a sound and emphatic understanding of the horrors of fascism and war it should have been him.

So I can only assume that this hollow man has forgotten his background and where he has come from and what his parents went through in making such a shameful statement. In fact the more I think about it the more the hideous levels of irony shines through like vomit on a stained glass window.

It’s very easy for a man, a leader of a nation, to send men off to war when it’s done from the comfort of his office, thousands of miles away from the fighting. It’s even easier for a man sitting in an office a thousand miles away, to support such a grotesque decision when there is no consequence for him in slavish obedience to foolish rhetoric and evil lies.

My Great Grandfather fought in the First World War, my Grandfather in the Second, my father in middle east in the 60s, I have friends from my military days who did time in Iraq as contractors and I have attended more Anzac day parades and the functions after at RSAs than I can remember (possibly due to the hefty quantities of Navy Rum on offer at the time) and at no point can I recall hearing any of those individuals expressing support for any decision to go to war.

War may have been necessary as a final action (as many in the case of WW2 have made), but it was the final resort of those who would fight if they had to but wished to avoid it if at all possible; not the first choice of greedy little men who will never actually face the guns or have to worry about a loved one dying in some bloody conflict.

To be fair I have heard many stories about the adventures had during war time (especially my Grandfathers escapades in Egypt and Libya as a dispatch rider in WW2 and my fathers time dodging bullets as a UN Peacekeeper) but these were always in context that the war itself was a monstrous affair from which the horrors of the conflict was never far away from the Boys Own adventure moments which they recalled.

More pertinently of those I know who went and made some “easy money” in Iraq (as one of my mates describes his $100,000 plus a year, US, tax free contract doing security on convoys from Basra to Baghdad) one refused to re-up for a second tour, despite the increased pay and bonuses on offer and the second bailed less than six months into the second citing scenes that made my hair stand on end (he decided to get out after he got covered in the brains of the driver on the truck he was riding on due to some high caliber round punching though the trucks windshield, and the drivers head). None of them described Iraq in less than horrific terms.***

So I have issues when John Key boldly asserts that he will be on the right side of history in regards to the Iraq War, big issues.

It does explain why things like the housing crisis, homelessness and the general misery that successive National Governments have inflicted on New Zealand do not even register on his compassionate radar. If sending people off to die for no real purpose is not going to faze him then being the man responsible for maintaining the current and ongoing misery of the neo-liberal market state probably has absolutely no emotional or emphatic resonance in the cold depth of his reptilian brain.

Perhaps he would feel different if his wannabe DJ, playboy son, decided to enlist and get sent off on some dodgy neo-colonial war for no real reason but $$$ or his faux artist daughter was the victim of some terrorist attack in a European capital as a flow on effect of the disruption caused by that war, I hope he would feel different but I cannot say for sure.

And while I was never a fan of Helen Clark I respected her decision to keep NZ out of the conflict, I even understood her decision to scrap the combat air arm of the Air Force. As someone with a strong military background (and a lifelong interest in all things military) I can still be pragmatic enough to see the logic for her decisions and the reasons for staying out of what has been fairly labelled an unjust war.

No Iraq War, probably no ISIS/Daesh, possibly no Syrian War, possibly a lot less bloodshed in the Middle East, definitely no Imperial AmeriKa running amok, possibly even no Donald Trump/Hilary Clinton monster on our political horizon. The possibilities are endless.

Oh and for those wondering about the quote at the start of this post. Its from Hitlers trial in 1924 after he tried to take over Bavaria in the Beer Hall Putsch.

*-title courtesy of Fidel castro

**- Statements of disbelief courtesy of The Internet,Waynes World , Generation Ecch and De La Soul

***- For those interested try googling for videos of US convoys doing the run from Basra to Baghdad and back and see how much you would like that job despite the salary

Too Clever.

The TPPA signing came and went, as did the nation-wide protests against it. I did not think that the government was going to be swayed from publicly commemorating what it considers to be the crown jewel of its trade-dominated foreign policy, but I had hoped that the numbers turning out to protest would add up to more than 100,000. At least that way the government could be put on notice that a sizeable portion of the electorate were unhappy about the surrender of sovereignty to corporate interests enshrined in the 6000 page text. Alas, the numbers assembled came nowhere close.

One interesting sidebar was the decision to stage a parallel protest at the Sky City complex  rather than join with the larger protest march down Queen Street. The specific objective of the Sky City protest was ostensibly to use so-called non-violent direct action (NVDA) and other acts of civil disobedience to block the streets surrounding the gambling complex. In the build up to signing (and protest) day the leaders of the two rival demonstrations publicly debated and largely disagreed on the merits of each. The Queen Street march organisers were concerned that any pushing and shoving at Sky City would feed into the government’s narrative that the matter was a law and order issue (following reports that the police had conducted riot control refresher training and door knocked activists warning them about the consequences of unruly acts). The leaders of the Sky City blockade argued that peaceful marches were simply ineffectual and were ignored by policy-makers. As it turns out, both were right.

The Sky City protesters, some of whom showed up in helmets and assorted face coverings, were forcibly prevented by the Police from effectively shutting down access to and from the venue and surrounding areas. The activists responded by engaging in a series of rolling blockades of major intersections, including the Cook Street on-ramp leading to the Harbour Bridge and Northern Motorway. This continued well after the signing ceremony was over and while the Queen Street march was still in progress. That had the effect of causing gridlock in the Auckland CBD.

Coincidentally or not, there was a bus strike that day. Although Auckland Council allowed its employees to work from home, many other entities did not. That meant that people who normally used buses to get to work had to use alternative transportation, including cars. That added to the number of cars on Auckland inner city roads at the time of the rolling blockades. Needless to say, motorists were not happy with the seemingly random temporary road closures in and around the CBD.

That is why things got too clever. As a tactical response to the police thwarting of the initial action, the move to rolling blockades was ingenious. But that bit of tactical ingenuity superseded the strategic objective, which was to draw attention to the extent of TPPA opposition. In fact, it appeared that the Sky City activists were trying to outdo each other in their attempts to make a point, but in doing so lost sight of the original point they were trying to make. After all, blocking people from leaving the city after the signing ceremony was over was not going to win over hearts and minds when it comes to opposing the TPPA. Plus, it displayed a callous disregard for the motorists affected. What if someone was rushing to a hospital to be with their badly injured child or terminally ill parent? What about those who needed to get to work on time so as to not be docked pay? What about cabbies and delivery people who earn their livings from their vehicles? None of this seems to have factored into the blockader’s minds. Instead, they seemed intent on proving to each other how committed they were to causing disruption regardless of consequence to others.

I have seen this before in other places, most recently in Greece, where anarchists and Trotskyites (in particular but not exclusively) infiltrate peaceful protests and engage in acts of violence in order to provoke what are known as “police riots” (a situation where isolated assaults on individual police officers eventually causes them to collectively lash out indiscriminately at protesters). Fortunately, NZ does not have the type of violent activist whose interest is in causing a police riot. Unfortunately, it has activists who seemingly are more interested in establishing and maintaining their street credentials as “radicals” or “militants” than using protest and civil disobedience as an effective counter-hegemonic tool. So what ended up happening was that the Sky City protestors were portrayed by the corporate media and authorities as anti-social misfits with no regard for others while the Queen Street march was briefly acknowledged, then forgotten.

On a more positive note, Jane Kelsey has to be congratulated for almost single-handedly re-defnining the terms of the debate about TPPA and keeping it in the public eye. As someone who walks the walk as well as talk the talk, she was one of the leaders of the Queen Street march and has comported herself with grace and dignity in the face of vicious smears by government officials and right wing pundits lacking half the integrity she has. I disagree about the concerns she and others have raised about secrecy during the negotiations, in part because I know from my reading and practical experience while working for the US government that all diplomatic negotiations, especially those that are complex and multi-state in nature, are conducted privately and only revealed (if at all) to the public upon completion of negotiations (if and when they are).

For example, the NZ public did not get to see the terms of the Wellington and Washington Agreements restoring NZ as a first-tier security partner of the US until after they were signed, and even today most of their content has been ignored by the press and no protests have occurred over the fact that such sensitive binding security arrangements were decided without public consultation. More specifically with regards to the TPPA, no public consultations were held in any of the 12 signatory states, and in the non-democratic regimes governing some of those states the full details have still not been released. Even so, I do think that it was a good opposition ploy to harp about “secrecy” as it simply does not smell right to those not versed in inter-state negotiations. In any event, what Ms. Kelsey did was exactly what public intellectuals should be doing more often–informing and influencing public opinion for the common good rather than in pursuit of financial or political favour.

I would suggest that opponents of the TPPA focus their attention on the Maori Party and its MPs. The Green Party’s opposition to TPPA is principled, NZ First’s opposition is in line with its economic nationalism and the Labour Party’s opposition is clearly tactical and opportunistic (at least among some of its leaders). So the question is how to wrestle votes away from the government side of the aisle when it comes to ratification. Peter Dunne and David Seymour are not going to be swayed to change sides, but the Maori Party are in a bit of an electoral predicament if they chose to once again side with the economic neo-colonialists in the National government.

For all the sitting down in the middle of public roadways, it may turn out that old fashioned hardball politicking may be the key to successfully stymying ratification of the TPPA in its present form.

Now THAT would be clever.