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In Iraq, the NZDF is there but not “there.”

datePosted on 11:22, February 12th, 2018 by Pablo

Recently I was approached by reporters to comment on a report by Harmeet Sooden that reveals that NZDF activities in Iraq extend well beyond what has publicly been acknowledged.  You can read his report here. My back and forth with the reporters eventuated in an op ed (ironic, given the content of my previous post), the gist of which is below.  As readers will see, my concerns are not so much about the mission as they are about the lack of transparency on the part of the NZDF and the previous government as to what the deployment really involves.

Ethically and practically speaking, there is no real problem with what the NZDF is doing in Iraq, including the undisclosed or downplayed aspects. It is a way for the NZDF to hone its skills (to include combat skills), increase its capabilities, enhance its professional reputation and more seamlessly integrate and operate with allied forces and equipment, as well as demonstrate that NZ is willing to do its part as a good international citizen. The cause (fighting Daesh) is just, even if the context and conditions in which the war is prosecuted are prone to unintended consequences and sequels that blur the distinction between a good fight and a debacle. The issue is whether the benefits of participating in the anti-Daesh coalition outweigh the costs of being associated with foreign military intervention in a region in which NZ has traditionally been perceived as neutral and as a trustworthy independent diplomatic and trading partner. The statements of coalition partners (especially the ADF) demonstrate that they believe that the mission has been worthwhile for the reasons I noted.

Some will say that the disclosure of the NZDF “advise and assist” role in Iraq is evidence of “mission creep.’ In reality this was envisioned from the very beginning of the NZDF involvement in the anti-Daesh coalition. The training mission at Camp Taji, although a core of the NZDF participation in the coalition, also provided a convenient cover for other activities. These were generally disclosed in the months following the first deployment (TGT-1) in theatre, and it was only during TGT-5 and TGT-6 in 2016-17 that the advise and assist role was openly acknowledged. In practice, military training such as that conducted by the NZDF in Iraq does not stop after six weeks behind the barbed wire at Taji, so some advise and assist operations in live fire conditions were likely conducted before what has been publicly acknowledged (perhaps during the battles of Tikrit and Falluja or other “clearing” missions in Anbar Province).

The extended advisory role “outside the wire” is particularly true for small unit counter-insurgency operations. That was known from the start.  So it is not so much a case of NZDF mission creep as it is planned mission expansion.

NZDF collection of biometric data is only troublesome because of who it is shared with. The Iraqi authorities are unreliable when it comes to using it neutrally and professionally, so sharing with them or the ISF is problematic. Biometric information shared with NZ intelligence agencies can be very useful in vetting foreign travellers to NZ, including migrants and refugees. But again, whereas the use of such data can be expected to be professional in nature when it comes to NZ and its military allies, the whole issue of biometric data sharing with any Middle Eastern regime is fraught, to say the least.

The reasons for the National government’s reluctance to be fully transparent about the true nature of the NZDF commitment in Iraq are both practical and political.

Practically speaking, denying or minimizing of NZDF involvement in combat activities, to include intelligence and other support functions, is done to keep NZ’s military operations off the jihadist radarscope and thereby diminish the chances that New Zealand interests abroad or at home are attacked in retaliation. This goes beyond operational and personal security for the units and soldiers involved as well as the “mosaic theory” justification that small disclosures can be linked by enemies into a larger picture detrimental to NZ interests. All of the other Anglophone members of the coalition (the US, UK, Australia and Canada, as well as others such as France and Spain) have suffered attacks in their homelands as a direct result of their public disclosures. NZ authorities undoubtedly see this as a reason to keep quiet about what the NZDF was actually doing in theatre, and they are prudent in doing so.

However, foreign reporting, to include reporting on military media in allied countries, has already identified NZDF participation in combat-related activities, so the desire to keep things quiet in order to avoid retaliation is undermined by these revelations. Likewise, Daesh and al-Qaeda have both denounced New Zealand as a member of the “Crusader” coalition, so NZ is not as invisible to jihadists as it may like to be. Even so, to err on the side of prudence is understandable in light of the attacks on allies who publicly disclosed the full extent of their roles in Iraq.

The other reason why the National government did not want to reveal the full extent of the NZDF role in Iraq is political. Being opaque about what the NZDF is doing allows the government (and NZDF) to avoid scrutiny of and deny participation in potential war crimes (say, a white phosphorous air strike on civilian targets in Mosul), complicity in atrocities committed by allied forces or even mistakes leading to civilian casualties in the “fog of war.” If there is no public acknowledgement and independent reporting of where the NZDF is deployed and what they are doing, then the government can assume that non-disclosure of their activities gives NZDF personnel cover in the event that they get caught up in unpleasantness that might expose them to legal jeopardy.

It is all about “plausible deniability:” if the NZDF and government say that NZ soldiers are not “there” and there is no one else to independently confirm that they are in fact “there,” then there is no case to be made against them for their behaviour while “there.”

In addition, non-disclosure or misleading official information about the NZDF mission in Iraq, particularly that which downplays the advise and assist functions and other activities (such as intelligence gathering) that bring the NZDF into direct combat-related roles, allows the government some measure of insulation from political and public questioning of the mission. NZ politicians are wary of public backlash against combat roles in far off places (excepting the SAS), particularly at the behest of the US. Although most political parties other than the Greens are prone to “going along” with whatever the NZDF says that it is doing during a foreign deployment, there is enough anti-war and pacifist public sentiment, marshaled through a network of activist groups, to pose some uncomfortable questions should the government and NZDF opt for honesty and transparency when discussing what the NZDF does abroad.

However, in liberal democracies it is expected that the public will be informed by decision-makers as to the who, how, what and why of foreign military deployments that bring soldiers into harm’s way. After all, both politicians and the military are servants of the citizenry, so we should expect that transparency would be the default setting even if it does lead to hard questioning and public debate about what is a “proper” foreign military deployment.

The bottom line as to why the NZDF and political leaders obfuscate when it comes to foreign military operations is due to what can be called a “culture of impunity.” This extends to the intelligence community as well. They engage in stonewalling practices because traditionally they have been able to get away with them. Besides public ignorance or disinterest in such matters, these affairs of state have traditionally been the province of a small circle of decision-makers who consider that they “know best” when it coms to matters of economic, security and international affairs. Their attitude is “why complicate things by involving others and engaging in public debate?” That tradition is alive and well within the current NZDF leadership and was accepted by the National government led by John Key.

It remains unclear if there will be a change in the institutional culture when it comes to disclosing military operations abroad as a result of the change in government, with most indications being that continuity rather than reform is likely to be Labour/NZ First’s preferred approach.


An earlier version of this essay appeared in The Dominion Post on February 12, 2018. (

Plus ca change, or, does Labour have a foreign policy?

datePosted on 07:34, January 5th, 2018 by Pablo

Among the things mentioned during the 2017 election campaign, foreign policy was not one of them. This is not surprising, as domestic policy issues tend to dominate election year politics in times of peace in virtually all democracies. The syndrome is compounded in New Zealand, where matters of diplomacy, international security and trade are notable for their absence in both parliamentary debates as well as public concern, only surfacing during moments of controversy surrounding specific issues such as foreign troop deployments, NZ involvement in Anglophone spy networks or negotiating trade deals that appear lopsided in favour of other states and economic interests.

Even if foreign policy is not a central election issue, it nevertheless is an important area of governance that should in principle reflect a Party’s philosophy with regard to its thrust and substance. Given that the Labour-led coalition that formed a government in 2017 represents a departure from nine years of center-right rule, it is worth pondering what approach it has, if any, to reshaping foreign policy in the wake of its election.

It should be noted that NZ foreign policy has been relatively consistent over the last 20 years regardless of which party coalition was in government. Dating to the break up of the ANZUS defense alliance on the heels of its non-nuclear declaration in 1985,  NZ has championed an “independent and autonomous” foreign policy line that, if not completely integrating it into the non-aligned movement that rose during the Cold War, granted it some latitude in how it approached its diplomatic relations and international commitments. Foremost amongst these was support for multilateral approaches to international conflict resolution, concern with ethics, rules and norms governing international behaviour, advocacy of small state interests and a self-assigned reputation as an “honest broker” in international affairs. Issues of trade, diplomacy and security were uncoupled once the Cold War ended, something that allowed NZ to navigate the diplomatic seas without the constraints imposed by binding alliance ties to larger partners.

From the mid-90s there has been a trade-centric core to NZ foreign policy, to the point that promoting “free” trade and negotiating trade deals, be they bi- or multilateral in nature, is seen to have overshadowed traditional diplomatic and security concerns such as nuclear non-proliferation, environmental protection and human rights promotion. This “trade-for-trade’s sake” approach was initiated by the Shipley government but deepened under both the 5th Labour government as well as the National-led governments headed by John Key. After 9/11 it was paralleled by a reinforcement of security ties with traditional allies such as Australia, the US and the UK, in spite of the fact that the move towards expanding trade relationships in Asia and the Middle East ran against New Zealand’s traditional advocacy of a principled foreign policy that defended human rights as well as the thrust of the geopolitics perspectives of security allies (which view NZ trade partners such as China and Iran as adversaries rather than partners).

Although both Labour and National continued to voice the “independent and autonomous” foreign policy line during the 2000s, what actually took place was the development of two separate tracks where NZ pushed trade relations without regard to security commitments and human rights, on the one hand, and on the other hand deepened its involvement in US-led security networks without regard to broader diplomatic concerns. This was formalised with the signing of the bi-lateral Wellington and Washington Declarations in 2010 and 2012. For NZ diplomats, the parallel track approach was a matter of keeping eggs in different baskets even if it violated the long-standing principle of security partners trading preferentially with each other. That is not a problem so long as NZ trading partners are not seen as hostile to or competitors of the US and its main allies. Yet NZ chose to expand its trade ties with China with the signing of a bilateral Free Trade Agreement (FTA) in 2008, something that has not only increased its trade dependency on China in the years that followed (China is now NZ’s second largest export market and third largest import market), but also put it in the unenviable position of trying to remain balanced in the face of increased US-China competition in the Western Pacific Rim. Similarly, NZ-Iranian trade ties, and the nascent talks about NZ-Russian bilateral trade, both run the risk of negatively counterpoising NZ’s economic and security interests in each case.

Following Labour’s lead, the National government doubled its efforts to reinforce its ties to the US-led security network while pushing for trade agreements regardless of domestic opposition to both. It committed troops to the battle against Daesh in Iraq and Syria and continued to maintain presence in Afghanistan after its formal commitment to the ISAF mission ended in 2013. It revamped and upgraded its commitment to the 5 Eyes signals intelligence collection partnership that includes the US, UK  Australia and Canada. It loudly advocated for the TransPacific Partnership Agreement (TPPA) even though the 12 country pact was largely seen as favouring US economic interests and serving as the economic component of a US containment strategy towards China in the Western Pacific.

Now it is the Labour-led coalition headed by Jacinda Ardern that holds the reins. What can we expect from it when it comes to foreign policy? Continuity when it comes to the “two-track” approach? A deepening of one track and softening of the other? An attempt to bring a third track–what might be called a humanitarian line that re-emphasises human rights, environmental protection and non-proliferation, among other rules-based policy areas–into the mix?

From what is seen in its foreign policy manifesto, Labour appears to want to have things a bit of both ways: overall continuity and commitment to an “independent” foreign policy but one in which ethical concerns are layered into trade policy and in which international security engagement is framed by UN mandates and multilateral resolutions (as well as a turn away from military combat roles and a re-emphasis on peace-keeping operations). A commitment to renewed diplomatic endeavour, particularly in international fora and within the South Pacific region, is also pledged, but the overall thrust of its foreign policy objectives remain generalised and rhetorical rather than dialed in on specifics.

A few months into its tenure, the new government has done nothing significant with regards to foreign policy. Jacinda Arden made some noises about resettling the the Manus detainees in NZ during her first official trip abroad, only to be rebuked  by Australian PM Malcolm Turnbull and her own Opposition. She also made  ill-advised comments about who Donald Trump may or may not thought she was, leading to skepticism as to the veracity of her story. NZ First leader Winston Peters was named foreign minister more as a matter of style (and reward) rather than in recognition of his substance when it comes to foreign affairs. Likewise, Ron Mark got the nod to be Defense Minister in what appears to be a sop thrown to an old soldier who enjoys military ceremonies but cannot get his medals rack sorted correctly. Andrew Little was apparently made Minister responsible for Intelligence and Security because he is a lawyer and a reputed tough guy who as Opposition Leader once sat on the Parliamentary Select Committee on Intelligence and Security, rather than because he has any particular experience in that field, especially with regard to its international aspects. The Greens, in the past so vociferous in their defense of human rights, pacifism, non-interventionism and anti-imperialism, have gone silent.

As for the Labour Party foreign policy experts, whoever and how many there may be (if any), the question is how do they see the world. Do they use (neo) realist, idealist, constructivist or some hybrid framework with which to frame their perspective and that of their government? Do they use international systems theory to address issue linkage in foreign policy and to join the dots amongst broader economic, social, military and political trends in world affairs as well the nature of the global community itself?  Are they aware of the Melian Dilemma (in which small states are often forced to choose alliance between competing Great Powers)? iven the predominance of trade in NZ foreign policy, how do they balance notions of comparative and competitive advantage when envisioning NZ’s preferred negotiating stance? If not those mentioned, what conceptual and theoretical apparatuses do they employ? On a practical level, how do their views match up with those of the foreign affairs bureaucracy and career diplomatic corps, and what is their relationship with the latter?

Issues such as the ongoing NZDF deployments in Iraq (and likely Syria, if the NZSAS are involved) have not (yet) been reviewed in spite of early campaign promises to do so. Nor, for that matter, has Labour taken a detailed critical eye to the stalled TPPA negotiations now that the US has abandoned them, or re-examined its diplomatic approaches towards the Syrian, Ukrainian and Yemeni civil wars, South China Sea conflicts, the North Korean nuclear weapons program, post-Brexit economic relations, maritime conservation regimes and a host of other important and oft-contentious topics.

Judging from the manifesto it is hard to discern a coherent intellectual underpinning to how Labour policy makers approach international relations. It is also difficult to know how the new government’s foreign policy elite relate to the careerists charged with maintaining NZ’s international relations. So far, there is no identifiably Labour approach to foreign affairs and policy carry-over from previous governments is the norm.

That may not hold for long. The election of Donald Trump to the US presidency has changed the global environment in which NZ foreign policy is formulated and practiced because if anything, he has rejected some of the foundational principles of the NZ approach (support for the UN and multilateralism) with his “America First” philosophy and has increased global tensions with his belligerent posturing vis a vis adversaries and his bullying of allies. That combination of provocation, brinkmanship and alienation of allies brings with it high risks but also a diplomatic conundrum for NZ. Given that NZ maintains good relations with some of US adversaries as well as allies, yet is intimately tied to the US in uniquely significant ways, its ability to maintain the dichotomous  approach to an independent foreign policy may now be in jeopardy.

After all, the US now demands open expressions of “loyalty” from its allies, for example, in the form of demands that security partners spend a minimum of two percent of GDP on defense (NZ spends 1.1 percent), and that trade partners give acknowledged preference to US economic interests when signing “deals” with it. In that light, and with Trump increasingly looking like he wants open conflict with one or more perceived rivals (and is on a clear collision course with China with regards to strategic preeminence in the Western Pacific), the “two-track” NZ foreign policy may now be more akin to trying to straddle a barbed wire fence while balancing on ice blocks rather than a matter of saving diplomatic eggs.

In light of this, it is time for the Labour government to stand up and be heard about where they propose to steer NZ in the international arena during what are clearly very fluid and uncertain times.

A matter of insubordination and contempt.

datePosted on 14:00, December 22nd, 2017 by Pablo

In her latest annual report, Inspector General of Intelligence and Security (IGIS) Cheryl Gwyn detailed that the NZSIS unlawfully collected Customs data on thousands of travellers from 1997-2016. This bulk collection was not done under warrant and was instead done on industrial scale: anyone who passed through New Zealand ports of entry during this time period can assume that their personal data was “harvested” by the New Zealand Security Intelligence Service (NZSIS) for its own purposes. Current NZSIS Director Rebecca Kitteridge defended the practice as a necessary part of fighting terrorism (which presumes that SIS concern with terrorism started in 1997 if her claim is correct) and maintains that legal advice at the time made the SIS believe that the practice of bulk collection was lawful. Think about that–warrantless indiscriminate collection of the personal information about thousands of people was deemed, if we are to believe the Director, lawful by the best in-house legal minds within the NZSIS. This happened even though the NZSIS Act was revised several times during the time in which the unlawful bulk collection occurred, so it is clear that when it came to warrantless access of traveler’s personal information, be they citizens, visitors, immigrants or officials, the senior staff in the agency thought that it was fair game–or at least thought that they could get away with it. One gets the impression that this is the same legal team that thought it was lawful for the GCSB to spy on Kim Dotcom after he gained permanent residency–a practice clearly prohibited in the GCSB Act in force at the time of the illegal wire-tapping. Perhaps it is time for these legal geniuses to step down.

IGIS Gwyn also noted that the NZSIS refused to cooperate, impeded and/or raised obstacles to her search for primary documents related to the unlawful monitoring of travellers as well as on other issues. Let’s be clear on this: New Zealand’s primary human intelligence agency deliberately impeded the work of the main oversight officer to which it is responsible. This, in spite of legal requirements to do so. The answer to this contempt for their statutory obligations may rest in the fact that under the current SIS Act the maximum penalty levied on the NZSIS for unlawful acts (of which obstruction is one) is NZ$5000–payable by the agency, not the individuals who authorised the unlawful acts or who refused to cooperate with the IG’s requests.

Although I find it very hard to believe, let us assume that SIS managers who authorised the mass tapping of Customs data were doing so in good faith while under the impression that the practice was lawful. If that is the case, they should be reprimanded and counselled on their statutory obligations. But those who obstructed or impeded the IGIS’s work need to be fired. In fact, if they are not, then Director Kitteridge needs to either resign or herself be dismissed. That task falls to Andrew Little, the Minister responsible for Intelligence and Security. Yet, although he has made some noises to the effect that he expects the agency to comply with IGIS requests, he has made no moves to punish those responsible for this blatant disregard for and defiance of the intelligence oversight process.

It is now abundantly clear that even though the IGIS is better funded and staffed and has better powers of proactive as well as post facto investigative authority (ostensibly including the powers of legal compulsion) than her predecessors, her office remains effectively marginal, if not subordinate to the bureaucratic logics internal to the agencies she oversees. These logics are founded on a deliberate opaqueness when it comes to transparency and statutory compliance and a deeply ingrained disregard for external advice, scrutiny or oversight. The old boys club will do as it sees fit to do regardless of the arrows slung by nosy outsiders. They are the gatekeepers and guardians of the secrets, and it is they who decide what is proper and what is not when it comes to legality and oversight adherence. Perhaps in this particular case the SIS managers do not like Ms. Gwyn or her somewhat unconventional career path on the way to becoming IGIS, but even if that is true their personal feelings have no place impeding the effective discharge of her duties.

The problem of ineffectual oversight of the NZ intelligence community (NZIC) highlighted by the IGIS’s frustrations with SIS obstructionism is rooted in a bureaucratic culture of impunity within the SIS and GCSB and in the lack of strong parliamentary oversight. The Select Committee on Intelligence and Security (SCIS) remains a highly partisan paper tiger devoid of real compulsion or enforcement authority. For their part ministers responsible for intelligence and security such as Andrew Little are all to often reluctant to confront spies about their excesses, when not prone to “bureaucratic capture” by them (a situation where an ostensible overseer becomes captivated by the logics and rationales of  subordinates with specialised expertise in a given policy field, leading to a lack of critical appraisal and independent review of actions taken in that field). Some of this may be due to the history of politicization that surrounds the SIS, which often appears to serve the government of the day rather than the common interest (in which case Mr. Little’s soft response has a politically opportunistic basis). But most of the oversight failures when it comes to the NZIC is grounded in the lack of effective and enforceable legal authority granted to the IGIS and the SCIS.

The only answer to this culture of insubordination and contempt within the NZIC, in this case specifically the SIS, is to hold individuals legally accountable for their actions. For example, rather than levy paltry fines on the SIS for its unlawful activities, the fines should be increased 20 fold and levied against the individuals who either knowingly ordered the illegal project(s) and/or who deliberately obstructed, concealed, tampered with or otherwise impeded the IGIS investigation into their activities. Likewise, the SCIS needs to become a dedicated organ of Parliament with its own professional staff and dedicated funding so that it can be come an independent research and investigatory arm answerable but not subordinate to the government of the day. The political appointments at the top could remain as stands (five members, the PM and two members nominated by him/her plus the Leader of the Opposition and his/her one nominee). Or it could be revised to include leaders of parties who reach a significant electoral threshold (say, ten percent of the popular vote). Either way, the SCIS should be provided powers of compulsion under oath, arrest and other means of legal enforcement of its oversight mandate so that the NZIC understands that it answers to the people of Aotearoa via elected officials as well as the IGIS, not the other way around.

The new Labour government has a golden opportunity to promote effective reform of the NZIC armed with the justification provided by Gwyn’s report on the SIS. Much like rot, there is a culture of contempt as well as impunity amongst at least some senior staffers in the NZIC that needs to be extirpated and replaced by those who understand that in a democracy it is not the spies who determine what is lawful and what is not (or for that matter, what is secret and what is not), but instead it is the specialized oversight agencies entrusted by the people and grounded in law (such as when it comes to definitions of national security threats) who do so. But for that to be the case, the oversight agencies and mechanisms need teeth, and it is exactly that which continues to be missing from the current oversight scheme.

A walking Tui ad?

datePosted on 06:57, October 20th, 2017 by Pablo

The election turned out OK as far as I am concerned. My decision to support Labour after years of supporting the Greens seems to have paid off as they are now leading the new government. The Greens were punished for their shift from red to blue at their core and for bringing in neophytes onto their list, but not too much (although I still have serious reservations about their ideological direction and one of their new MPs). Save for ACT the various useless parties disappeared. And the Nats got what they deserved, which was the boot, even if it took that old dog Winston to apply his toe to their posteriors. As for NZ First, time will only tell if they are the fly in the ointment or the straw that stirs the drink.

When it comes to how the new government will be organized, I am very curious to see who will be appointed Minister of Defense. Ron Mark is a likely candidate, and I have no problem with him in that role in spite of his otherwise reactionary views (apologies if the list of Ministers is out and someone else is the new MoD). With the exception of Phil Goff he will be the most informed person to assume that portfolio in the last 18 years, which is good because the NZDF have some major decisions to make when it comes to upgrading and configuring the force.  There are issues of equipment purchases, recruitment and retention, foreign alliance commitments and the overall thrust of NZDF operations that need immediate addressing. He has been critical of the lack of strategic vision on the part of NZDF and MoD leaders, so my hope is that he will push for an overhaul in the strategic thinking underpinning NZDF operations that goes beyond the periodic exercises known as Defense White Papers. And he will have to address the problem of drug abuse within the NZDF, which has been kept largely under wraps but which is large enough to run the real risk of jeopardizing operational security and/or getting someone killed.

However, when it comes to intelligence matters and the general subject of security, I have concerns about the ability of the new government to impose its will on the intelligence community and Police as well as avoid so-called “bureaucratic capture:” the situation where the lack of experience in a subject field by new overseers or managers allows career bureaucrats to shape the former’s views of the subject in ways that serve the entrenched interests of the latter. I do not see anyone in the top tiers of Labour, the Greens or NZFirst who display particular fluency in matters of intelligence and security, and when it comes to direct political oversight of the NZ intelligence community, the lack of expertise is dire.

Or let me put it in this way:

As part of the series of radio interviews I do with Mitch Harris on RadioLive on Wed nights, this week we decided to be a bit more free ranging than usual (since the normal focus of the radio version of the “Letters from America” series tends to concentrate on matters of US politics and society).  The issue of Chinese influence in NZ is getting a fair bit of attention as of late, and the pipe rupture causing shortages in aviation fuel and petrol supplies provides a basis for pondering the down side of N8 wire culture. And then there is Hillary blaming Bernie Sanders and the Russians for her loss last year while taking no responsibility for it, and Drumpf ranting incoherently at his first UN General Assembly speech. There was plenty to talk about. You can find the interview here.

Is he a spy?

datePosted on 07:48, September 14th, 2017 by Pablo

There is a fellow in NZ who once lectured at an elite foreign military school that trained military and civilian intelligence agents. His position required him to meet certain protocols and standards in order to receive a high level security clearance. In return for receiving that clearance and his lecturing on topics of interest to the intelligence community, he was privy to classified subjects and materials as well as being allowed to interact with the agencies from which his students originated.

His students learned foreign languages as part of their studies, combining that with training in the practical and operational skill sets required of them once they graduated and entered the field.

After leaving the military education institution, the fellow in question went on to work closely with the intelligence community in his country of origin, eventually taking a fairly senior position within the defense and intelligence establishment and continuing to consult with it even after his departure from active government service.

Some time after, he moved abroad and found his way to NZ, where he was hired as a lecturer in politics at the University of Auckland and settled into his adopted country by buying property and engaging in community servcie. He became fairly well known in political circles, wrote academic titles on NZ and comparative foreign policy and engaged with government on topics of common interest.

The question is: is this guy a spy given his past? Could he have come to NZ as an undercover “mole” ready to be sprung into service by his foreign masters after lying dormant for some time?

I ask because another former University of Auckland lecturer now in public service as a parliamentarian has found himself under some scrutiny after it was revealed that he also had lectured to intelligence agents at military educational institutions in his country of birth. It seems that there are questions as to whether he left that life behind him when he came to NZ even though his academic and community life in NZ broadly resemble that of the first individual mentioned above. But now the political knives are pointing at him.

It seems to me that the question about whether either individual is a spy reduces to two things. What were the cirumstances surrounding their emigration from their countries of origin, and what sort of security vetting was done on them before they took up residency and later, when one decided to enter public life?

In both cases security background checks would have been done as part of their visa appllication process. In both cases the University of Auckland would have presumably checked their academic credentials (which is an issue because the second fellow apparently fudged his academic credentials on his citizen application form, which makes one wonder if due dilligence was done on him by the UA prior to it recommending him, as an employment sponsor, to immigration authorities). For the individual who entered public service, more extensive vetting conducted by the SIS or an agency contracted by it would have examined the case a bit more in depth.

Based on what I know of the second case so far, the individual in question is no more a spy than the first guy is, and the first guy is clearly not. The problem for the second guy is that he comes from a country ruled by an authoritarian regime with neo-imperialist ambitions that is known to use its diaspora as a human intelligence collection network, where emigrants take out citizenship and settle into target countries but continue to report back to intelliigence authorities in their homelands. For his part, the first guy was more involved in his home country’s intelligence community prior to his arrival in NZ than the second guy apparently was (as far as has been reported), and the first guy’s home country has an extensive record of imperialism, including covert intelligence collection in NZ and elsewhere in the South Pacific that historically dwarfs that of the second guy’s motherland. Unfortunately for the second guy, his country of origin is not a NZ intelligence partner like the country the first guy came from, and in fact is a major counter-intelligence target for NZ security agencies.

So the question remains: can either or both of these guys be legtimately called a “spy” based on their backgrounds prior to arrival in NZ?

I ask because I am the first guy and I do not like being misidentified without cause (as I have been from time to time). It is unfortunate that my former colleague now stands accused (even if by insinuation) of something that he might not be based on assumptions about what he used to be. For his sake as well as that of NZ security, it is appropriate and necessary for the SIS or other NZ security agencies (not the government of which he is an MP) to issue a clarification on the matter now that the question has been raised in  public and there is a cloud over his career and reputation.

Deja Vu all over again?

datePosted on 15:26, July 2nd, 2017 by Pablo

According to press reports US Defense Secretary James Mattis is considering sending between 3000-5000 additional US troops back to Afghanistan to bolster the 13,450 already there. Last week he is reported to have asked NATO members and non-NATO military partners to commit additional troops up to the desired threshold of 1,200. Fifteen NATO members and partners have apparently committed to the task, with the UK (which has nearly 600 troops in theatre) promising an additional 100 soldiers and Norway and Lithuania publicly stating their intention to do likewise (without revealing numbers or units involved). Given that New Zealand has non-member partner status with NATO, is a member of the International Security Assistance Force (ISAF) in Afghanistan and is a bilateral US military partner that earlier agreed to a request to send a handful of soldiers back to Kabul, it is certainly possible that it has also been asked to consider bolstering its presence in that country. Mattis conceded that in retrospect the earlier US drawdown of troops from Afghanistan was too large and too sudden given the prompt resurgence of the Taliban (especially in Kandahar province) and the rise of Daesh as a new adversary in theatre. So what he is asking is for reinforcements to re-stem the extremist tide and continue the mentoring and advising that, along with selected hunter/killer missions, have been the mainstay of the ISAF role since the drawdown began a few years ago.

The question is: has NZ agreed to this latest US request to send more troops back to Afghanistan and if so, in what capacity? Given Donald Trump’s demands that US military allies “do more and pay more” for their common “defense,” is it prudent for NZ to refuse the US request?

On a related topic, reports are now regularly surfacing that Iraqi troops and federal police are committing war crimes on a significant scale in the battle to push Daesh out of the country, including torture and summary executions of unarmed suspects. Many of the war crimes are being committed by Shiia members of the Iraqi armed forces, who see their acts as revenge for the atrocities committed by Sunni Ba’athists during and after Saddam Hussein’s regime (since many Daesh fighters in Iraq are Iraqi Sunnis with ties to the deposed regime). No mention has been made of where these personnel were trained, but given the urgent need to commit troops to battle, is it not possible that some of the 20,000 Iraqis trained by NZDF personnel at Camp Taji outside of Baghdad since 2015 might be involved in these war crimes? (the NZDF is now in its fifth rotation at Camp Taji and claims that its training involves instruction on “fundamental human rights law and the Law of Armed Conflict”). This question is particularly relevant given that the NZDF admits that most of the soldiers it has trained have been committed to the battle for Mosul where war crimes have recently been documented (WARNING: the link contains nasty imagery).

Given that the NZDF has in the past had problems with some of its foreign security partners with respect to the treatment of prisoners (such as the NZSAS handing over detainees to the Afghan secret police, who then tortured and purportedly killed some of them), is it not possible that its combat training at Camp Taji (which emphasises infantry skills) has overshadowed the ethics training component of the mission given the urgent need to commit Iraqi troops to battle? Or do the Iraqis simply ignore the ethics part of their training or go rogue afterwards? Could this have contributed to the commission of war crimes by graduates of Task Force Taji’s training program? Since a NZDF officer is serving as a spokesperson for the anti-Daesh coalition in the battle for Mosul (and has had to explain the use of white phosphorous munitions in urban areas), and NZSAS personnel are believed to be serving as intelligence gatherers and target designators in the theatre, it is likely that the NZDF would know if its Task Force Taji graduates are involved in committing war crimes.

The culture of secrecy and denial within the upper ranks of the NZDF will make finding honest answers to both sets of questions difficult, but they are certainly worth asking.


PS: I shall leave aside the incidental question as to why a senior NZDF officer is serving as the Coalition spokesperson for the Battle of Mosul when the ostensible role of the NZDF in Afghanistan is limited to training Iraqi soldiers at Camp Taji and a few other bases.

What price for “friendship?”

datePosted on 13:34, May 31st, 2017 by Pablo

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.

“You can’t handle the truth!”

datePosted on 15:07, April 4th, 2017 by Pablo

Well, no one should have been surprised that the government opted to not convene an inquiry into the allegations made in the Hager/Stephenson book Hit and Run. It preferred to let those accused “investigate” themselves and come up with an exoneration, then let the PM bad mouth the authors while wrapping himself in pseudo-sentimentality about the impact the accusations had on military families. SOP from National and the NZDF, especially in an election year.

Even though they may have forced a delay in ascertaining the truth as to what happened that August night in Afghanistan, they may have set themselves up for a bigger fall, albeit one that will cost taxpayers far more than if the inquiry had been done under the aegis of the Solicitor General, Inspector General of Intelligence and Security or some other reputable and independent local jurist. That is because if a state refuses to investigate allegations of war crimes committed by its troops, then that bumps up the matter to the International Criminal Court in The Hague. The ICC can be petitioned to open an investigation and launch prosecutions against those suspected of war crimes if a state refuses to do so, and that may eventually be the case here.

The government strategy at this point seems to be to refuse an inquiry and force interested parties to make a case under the Inquiries Act, in the courts under one or more Acts, or in international bodies like the ICC. That is expensive and time consuming, so those willing to challenge the NZDF’s self-exoneration must be well resourced and prepared for a lengthy legal battle. In the meantime crucial evidence may disappear, sources for the allegations may change their minds out of fear of reprisal, material inducements for non-cooperation with investigators may be offered–no one should be so naive as to think that those under potential scrutiny would not stoop to such things.

The government is also clearly banking on political pressure for an independent investigation waning rather than increasing in the weeks and months ahead. It is confident that political parties will focus on the election and the media will move on to other things over the next few news cycles and that the claims will be forgotten by the public in short course. There are grounds to believe that it may be correct in these assumptions, but that depends on how interested parties feel about matters of truth and accountability in public institutions such as the military.

The government could well be daring the likes of Rodney Harrison QC, Deborah Manning and Richard McLeod, who are representing the survivors of the alleged attacks and who successfully represented Ahmed Zaoui against the then-government’s mischaracterisation and detention of him as a dangerous terrorist, to take the case to the ICC. That is because although New Zealand is a member of the ICC, the US is not. Since the US Army provided the close air support for the raids and is implicated in the killings of civilians in the Hit and Run narrative, this means that a key part of any investigation–US complicity in the killing of innocents–will not receive US support or cooperation. In fact, the US is not a member of the ICC precisely because it does not want to see its soldiers or the authorities who command them ever face prosecution in The Hague. And without US participation, the presentation of the NZ side of the story would be incomplete at best, and thereby not a full account of what went down that fateful night. It is hard to mount an investigation or a prosecution, much less secure a conviction, without the participation of one of the principles involved. For a case to stand up in court a partial account of events is simply not enough without corroboration by others involved in the actions in question. This may be true for NZ courts as well as the ICC.

Even so, I am not sure that banking on US non-membership in the ICC is a winning strategy even if it adds to the costs and delays involved in establishing the truth and achieving justice for those needlessly harmed without cause. Refusal to participate in an ICC investigation could be worse for NZ’s reputation than agreeing to it and finding out that not all was as depicted by the NZDF version of event–even if war crimes were not committed.

The bottom line is that the government appears to be running scared with its quick acceptance of the NZDF clean up job. One video from a US helicopter and the NZDF report on the raid–a chronicle of events that leaves numerous questions unanswered, as pointed out by Selwyn Manning in the previous post–is all that it took to convince PM Bill English that all was hunky dory that night. Given that there were likely to be multiple camera angles and audio communications recorded during the raid by both the NZSAS as well as US forces for after-action de-briefings, the fact that just one served to convince the PM of the veracity of the NZDF account leaves me with only one simple conclusion with regard to Mr. English. In the words of Jack Nicholson playing a Marine Colonel under investigation for covering up a homicide at the Marine detachment stationed at Naval Base Guantanamo in the movie “A Few Good Men:”


Guest Post by Selwyn Manning – Editor of

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.


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.

Read the rest of this entry »

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