Posts Tagged ‘NZDF’

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:”

YOU CAN’T HANDLE THE TRUTH!

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.

*******

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 »

After doing the radio interview linked to in the last post, I was approached by the nice people at The Spinoff to write a short elaboration on what I discussed on air. Here it is.

Media Link: Some thoughts on “Hit and Run.”

datePosted on 13:13, March 30th, 2017 by Pablo

I have done a fair share of media interviews about the Nicky Hager/Jon Stephenson book “Hit and Run.” Needless to say, the claims in the book are damning of the NZDF, although I believe that the criticism is more focused on the command leadership rather than on the troops involved in the operation that is the subject of the book. In any event, this is a an interview I did with radio New Zealand on the matter.

Sailing aboard the SS Futility.

datePosted on 15:09, November 16th, 2016 by Pablo

The RNZN is celebrating its 75 anniversary through this upcoming weekend, with 18 foreign warships attending the events. There will be fleet review on Saturday and an open house on the ships on Sunday.  An exhibition of international naval history will be open throughout the week on the Auckland waterfront.

For the first time in three decades the US is sending a warship to NZ waters as part of the event. In doing so the US acknowledges and accepts NZ’s non-nuclear stance and the NZ government confirms that it can verify that the ship is non-nuclear propelled and armed via independent means (and quiet diplomacy). The ship in question is the USS Sampson, an Arleigh Burke class destroyer. Other nuclear powers represented at the celebration are China and India (and France and UK in lesser capacity), as well as a host of regional navies including Australia, Indonesia, Japan and several Pacific Island states. Ships from Singapore, South Korea and Canada will also participate.

The NZ Defense Industry Association is running its annual Forum concurrently with the RNZN celebrations. It gives NZ defense-oriented businesses an opportunity to take advantage of the presence of foreign military commanders in order to hawk their wares as well as exploit the opportunities provided by the NZ$20 billion in capability upgrades announced by the MoD/NZDF for the next fifteen years. Needless say, the combination of events has elicited opposition from a variety of groups.

Protestors have already blocked the venue of the defense industry meetings and more protests are scheduled for the next four days, including a flotilla on Saturday when the fleet will be on review in the Waitemata Harbour. Interestingly, some moron posing as a National MP suggested that the Terrorism Supression Act be amended to include protest flotillas as “terrorists” because they might terrorise the crews of the warships by accidentally getting run over by them. So much for intelligent representation but who knows, maybe someone at the defense industry Forum will have a marketable idea about non-lethal anti-dinghy defences that are designed to deal with such contingencies.

There seems to be several different elements in the protests. There are pacifists who are against the presence of warships of any sort as well as those who profit from the misery of war. There are those who are against the so-called “death merchants” but who do not necessarily object to naval forces (perhaps seeing them as a necessary evil). There are those who are anti-nuclear. There are those who are anti-imperialist. There are those who support indigenous sovereignty. There are those who are anti-American. There is some overlap between these factions but the core appears to be focused on two things: the defense industry Forum and the presence of the USS Sampson as symbolic of conjoined war-mongering evils.

Although one can not really argue against being opposed to “death merchants,” the reality is that like the tip of an iceberg, weapons manufacturers are a relatively small percentage of those exhibiting at the Forum (although major weapons providers like Lockheed Martin are major sponsors of it). Most of the NZ defense industry are logistics and support providers who often also have civilian branches to their businesses (for example, drone manufacturers, navigational technology suppliers and search and rescue equipment providers). At worst, one might consider them “enablers” rather than direct purveyors of instruments of death. Be that as it may, it is understandable why pacifists are opposed to the Forum. Simplistic, naive and righteous, but understandable.

The issue of the warships is a bit more complex. Although there are plenty of pacifists who are opposed to the entire notion of celebrating naval forces, many of the protestors appear to be more focused on protesting the presence of a US warship. This includes some of the ostensibly anti-nuclear types, who seem to have given a pass to the Chinese and Indians while focusing on the US boat. The same is true of the anti-imperialist crowd, who also are concentrating their attentions of the USS Sampson but seem unconcerned about the neo-imperialist ventures of other countries represented, to say nothing of the unhappy histories of places like Indonesia or Chile (whose visiting training ship Esmeralda was used as a prison for political prisoners during the Pinochet era). So that basically means that much of the protesters are anti-American more than anything else.

That stance has been made a bit harder to justify now that the USS Sampson has been diverted to do earthquake relief duties in Kaikura. After all, it is hard not to look silly when the focus of your protests is on a ship that is involved in humanitarian relief operations on your home soil and yet you ignore the authoritarian and often repressive histories of other countries represented in the visiting fleet. This is particularly true if the crowds at the naval expo, watching the fleet review and waiting to board the ships on open house day are larger than the number of demonstrators. Clearly they are not getting the message the protestors want to impart on them.

So the question is: what is the point of the protests?

If the answer is to support pacifism in its opposition to anything connected to war regardless of the ancillary civilian benefits of naval power such as disaster relief and regardless of public attitudes towards the military, then so be it. But if the answer is to selectively protest against the US and defense industry regardless of circumstance, well, that seems to be more of a futile gesture than a public education action.

The last thing the NZ Left needs to be seen as is silly and futile.

No Hard Feelings?

datePosted on 15:47, August 2nd, 2016 by Pablo

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.

datePosted on 12:51, July 22nd, 2016 by Pablo

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.

Questions of the day.

datePosted on 13:46, March 10th, 2016 by Pablo

It seems that a fair share of people are concerned about the Intelligence Review Committee’s recommendation that the GCSB be allowed to spy on the private communications of NZ citizens and residents, most often with a warrant adhering to a three tiered process that requires the signature of the Attorney General and Judicial Commissioner for the most intrusive searches of private individual’s communications and, under highly exceptional circumstances (involving the combination of imminent threat and the need for immediate real time information), accessing private individual’s communications without a warrant.

This essentially codifies what is already being done in practice under the GCSB’s “assist” role whereby it can offer its technological capabilities under warrant to other government agencies when asked and can engage in warrantless spying on NZ citizens and residents if they reside abroad or work for or are associated with foreign-based entities like NGO’s, IO’s embassies, corporations, charities and CSO’s. Remember: this is targeted eavesdropping and signals intercepts, not mass (meta-) data collection or mass surveillance. The argument goes, and I tend to agree in part with it, that the NZ threat environment has become increasingly “glocal” or “intermestic,” meaning that the boundaries between global or international affairs and domestic and local concerns are increasingly blurred thanks to advances in telecommunications, transportation and economic transaction. Hence the need for targeted GCSB involvement in matters of domestic espionage when warranted.

In any event my first question is this: why, if people are concerned about the publicly-debated legal extension of the GCSB’s de facto “assist” role, are they not concerned about the use of military assets (specifically, the deployment of light armoured vehicles, a helicopter and troops) to assist the police in the Kawerau police shooting and siege? After all, the use in a police operation of combat designed equipment and soldiers trained and equipped  for external combat would seem to be stretching the proper, legally defined role of the NZDF even if we consider its civil defense responsibilities (which, if I am not mistaken, would only apply to armed intervention in instances of civil war or insurrectionist  (read: Maori) upheaval). Should there not be a clear separation of NZDF missions and police matters delineated in law? Pardon my ignorance, but is there? Is there a legally outlined “assist” role for the NZDF in armed confrontations like this latest incident and the Napier siege of a few years ago? Or is the operational relationship between the NZDF and Police more ad hoc, informal and circumstantial in nature?

Then there is the suggestion by Michael Cullen that future Intelligence Reviews could consider merging the GCSB and SIS. This would be akin to merging the NZDF and NZ Police. So my next question is: would we ever consider merging the NZDF and Police? If not, why would we consider merging a signals intelligence collection agency with a human intelligence collection agency?

There is more to ask. Most of what the GCSB does is foreign intelligence collection on behalf of the 5 eyes network. The domestic side of its targeted spying is relatively small in comparison and again, done in service of or in concert with domestic agencies such as the SIS and Police, most often under warrant or given the exceptions listed above. Otherwise and for all intents and purposes, the GCSB is a branch of the 5 Eyes on NZ soil, not a fully independent or autonomous NZ spy agency. Think of the amount of money that the GCSB receives from 5 Eyes, amounts that are believed to be well in excess of its NZ government-provided budgetary allocations (the exact figures are classified so are what is known as “black” allocations under he “reciprocity agreement” that binds the GCSB to the rest of the 5 Eyes partners). Think of the highly sensitive technologies it employs. When the GCSB was first established, was the equipment and personnel used completely Kiwi in nature? Is the equipment used today completely Kiwi in nature and are the people manning the listening posts at Waihopai and Tangimoana today all NZ citizens?

Given the network resources at its disposal, were the GCSB to merge with the SIS it is possible that the latter would be subject to institutional “capture” by the former. That would mean that the intelligence priorities and requirements of 5 Eyes could come to dominate the human intelligence priorities of the SIS. I am not sure that is a good thing. And if we consider that the separation of powers concept that is at the core of democratic practice should institutionally extend beyond the tripartite structure at the apex of the state apparatus (executive, legislature, judiciary), then centralising the most intrusive spying powers of the state in one agency answerable almost exclusively to the executive branch seems to be antithetical to that premise.

It could  be the case that the possibility of a merger is being floated so that the SIS and GCSB can concentrate on external espionage and counter-espionage, with the domestic intelligence function reverting wholly to the police (who already have their own intelligence units). But even then the GCSB will continue to have a role in domestic signals collection, so the result of the merger would mainly impact the focus and organisation of the SIS.

I was fortunate to have a private audience with the Review Committee. From what I have read in the report so far, much of what I recommended was ignored. Even so, I do believe that the committee tried to balance civil liberties with security requirements and take what is a hodgepodge of disparate intelligence legislation and craft a uniform legal framework in which the iNZ intelligence community can conduct its operations. Heck, they even have recommendations about the legal cover given to undercover agents, both in terms of the process of assuming false identities as well as in terms of their immunity from liability when discharging their undercover tasks (apparently no such legal cover exists at the moment or is patchy at best).

Although I was disappointed that much of what I recommended to the committee did not appear in the final report, I am satisfied that their recommendations are a step forward in terms of transparency, accountability and oversight. I realise that this sentiment is not shared by many observers (for example, Nicky Hager was scathing in his appraisal of the report), but to them the questions I posed above are worth considering. To wit: If you are comfortable with the military getting involved in domestic law enforcement in exceptional (yet apparently regular) circumstances, then what is the problem with the GCSB getting more publicly involved in domestic espionage in similar circumstances?

There is much more to discuss about the Report and I may well do so as I wade through it. For the moment, here is a good critical appraisal worth reading.

 

The US has asked New Zealand to provide special operations troops to the anti-Daesh coalition. The government has said that it will consider the request but both the Prime Minister and the Defence Minister have qualified the response by stating that they do not think that NZ will increase its contribution beyond the company sized infantry training complement currently deployed at Camp Taji outside of Baghdad.

The Ministers’ caution has more to do with domestic political concerns than the practical or diplomatic necessities of the conflict itself. With a thin majority thanks to Winston Peter’s by-election victory in Northland, National cannot risk parliamentary defeat on the issue. But Opposition leader Andrew Little has signaled that Labour is willing to consider sending SAS troops to the fight, so the ground is clearing for authorization of a new phase of the NZDF mission.

This was predictable from the moment the NZDF first deployed to Iraq last May. It was clear then and it is now that training Iraqi soldiers is not enough to turn the tide against Daesh. The training is good and the troops that graduate have improved professional skills, but according to a report prepared by the US Defense Department immediately before Mr. Key travelled to Taji in October for his meet-and-greet photo op with the troops, they were no better in battle than they were before the training mission began.

The problem lies with the Iraqi Army leadership. Iraqi field rank officers are not included in the training program and are unwilling or unable to demonstrate the type of leadership skills under fire that are required to make best use of the training received by their soldiers from the NZDF and its allies.

That is where special operations troops like the NZSAS are useful. Among many other roles they serve as leadership advisors on the battlefield. Because of their exceptional skills and hardened discipline, SAS teams serve as force multipliers by adding tactical acumen, physical resilience and steadfastness of purpose to the fight. They lead by example.

NZ’s major allies already have special operations troops on the ground in Iraq, Libya and Syria. Although all of the nationally-badged SAS units roam the region, the Australian SAS is heavily involved in Iraq (and is present at Camp Taji). Not only do Australian SAS troops serve as forward spotters for RAAF FA-18s undertaking ground attack missions in Iraq. They have fought alongside Iraqi troops attempting to re-take the city of Ramadi, provincial capital of the Sunni heartland that is Anbar Province (119 kilometers from Camp Taji and 90 kilometres from Baghdad). The Australian role is considered to have been essential in the initial re-occupation of Ramadi, in which NZDF trained Iraqi troops participated. US, UK and Canadian special operators are currently conducting advisory, forward targeting, search and destroy and long-range intelligence missions against Daesh in north and western Iraq in conjunction with Kurdish and Iraqi forces. Russian, Iranian and Turkish special operators are on the ground in Iraq and Syria as well, and the contested spaces in which Western special forces are now actively involved in the Middle East extends to Libya, Saharan and Sub-Saharan Africa.

The Anglophone special forces are the allies that the NZSAS trains with regularly and works the closest with when on foreign missions. Like its counterparts, NZSAS tend to spend much time in or near overseas conflict zones whether that is publicized or not, usually following the typical military rotation pattern of threes: a third overseas, a third preparing for deployment, and a third on home duty after deployment. It is fair to assume that their attention when overseas has recently been focused on Iraq, Syria and perhaps other conflict zones in the Middle East.

The PM has hinted as much, stating that the NZSAS could be involved in roles other than combat. Since one of its primary missions is long-range patrol and intelligence gathering (rather than active engagement of the enemy), it could well be that the NZSAS is already playing a part in the targeting of Daesh assets.

With around 130 SAS troops in A and B Squadrons (Air, Boat, Mountain), that leaves a minimum of two troops’ or a platoon sized group (30-40 soldiers excluding officers) available for foreign deployment at any given time. Since the NZSAS operates in squads of 3 to 6 men depending on the nature of the mission (4-5 squads per troop), this leaves plenty of room for tactical flexibility, operational decentralization and role diversification.

Reports dating back to early 2015 already put the NZSAS in theater in small numbers, something the government does not deny. They may not be based in Iraq (which gives the government plausible deniability when asked if there are NZSAS troops on the ground in Iraq), but the main focus of their mission certainly is. Given the logistics involved it would be unusual if the NZSAS has not been working behind the scenes for their eventual participation in more active combat roles beyond what it may already be engaged in.

It will be odd if NZ refuses to send its most elite soldiers when asked for them by its major allies in a UN sanctioned multinational military coalition. Troops like the NZSAS need regular combat experience to sharpen and maintain their skills and they cannot do that at home. Since part of their specialness is versatility in a wide range of combat environments, the NZSAS would be keen to test its troops in the mixed urban/desert, conventional and unconventional battlefields of Iraq, Libya and Syria. The kinetic environment in the fight against Daesh is highly complex and multi-faceted so it stands to reason that our elite soldiers would want exposure to it.

Leaving the NZSAS in NZ is akin to leaving a Bugatti in the garage. Much has been invested in their combat readiness. They are trained to fight autonomously and lead others in combat (such as during the anti-terrorist mission in Afghanistan). To keep their specialist skills they need to experience live hostile fire. It would therefore be counterproductive for them to be idling in Papakura when there is a just cause to be fought against real enemies of humanity who commit atrocities and wreak misery on those they subjugate.

Whether one likes it or not, thanks to the Wellington and Washington Agreements NZ is once again a first tier military partner of the US, standing alongside Australia, Canada and the UK in that regard. Most of NZ’s major diplomatic partners are members of the anti-Daesh coalition and some, like Norway and Denmark, have also contributed special operations troops to it. NZ ‘s major trade partners in the Middle East are part of the coalition. As a temporary member of the UN Security Council, NZ has been vocal in its condemnation of Daesh and in calling for a united diplomatic and military response against it. It consequently has no real option but to accede to the request for the NZSAS to join the fight. It may be mission creep but this was mission creep that was foreseeable (and arguably has been planned for and implemented in spite of the government’s obfuscations).

Critics will say that NZ has no dog in this fight, that it is neo-imperialist foreign intervention on behest of corporate interests that only serves to show how subservient governments like National’s are when it comes to pleasing the US. If so, then there are 59 other countries in that category, to which can be added Iran (and its proxies in Iraq, Syria and Lebanon), Russia and the newly formed (if at this stage only on paper) Sunni Muslim anti-terrorism coalition that includes Malaysia, Indonesia and Pakistan. Critics will also point out that NZ is being selective about when and where it chooses to join foreign military adventures, and they would be right in that regard. But given its military resources, NZ pretty much has to be selective every time that it deploys troops, especially in combat roles. So there is nothing new, unusual or unethical in doing so.

Pacifists will say that the conflict with Daesh cannot be resolved by military means. It is true that military force alone is not sufficient to defeat Daesh, but removing it from the territory it occupies in Iraq, Libya and Syria is essential to that project. Not only is Daesh not prone to negotiating with its adversaries or sitting down with those that it disagrees with in order to settle differences. The very nature of its rule is based on coercion and imposition–of its puritanical values, of its medieval authority, of its rape and sex slave culture and of its harsh discriminatory treatment towards all who are not Sunni Arab men (and even the latter are not immune from its violence). Its removal is therefore justified on humanitarian grounds although disputed opinion polls claim that it enjoys some measure of public support in Anbar Province and Mosul. Yet even if the polls are correct–and that is very much questionable given the environment in which they are conducted–the hard fact is that there is no objective measure to gauge whether Daesh enjoys the informed consent of those that it governs, and until it does its reign is illegitimate because rule without majority consent is tyranny. Add to that the innumerable crimes against humanity Daesh has committed and its exportation and exhortation of terrorism across the globe, and the case against the use of force loses foundation.

Re-taking the ground lost to Daesh removes the main areas in which its leadership is located, from which it profits from oil production and where it trains jihadists from all over the world (some of whom return to commit acts of violence in their home countries). That in turn will lessen its appeal to prospective recruits. Thus the first step in rolling back Daesh as a international irregular warfare actor is to win the war of territorial re-occupation in the greater Levant.

The military objective in Iraq is to push Daesh out of Anbar Province and the Nineveh Governorate in which Mosul is located and force it to retreat back into Syria. At that point it can be subjected to a pincer movement in which the European/Arab/Antipodean/North American anti-Daesh coalition presses from the South and East while Russian, Iranian, Turkish and Syrian forces press from the North and West. The endgame will involve four milestones: first the capture of Ramadi, then the re-taking of Falluja, followed by the freeing of Mosul, and finally the seizure of the northern Syrian city of al-Raqqah, the capital of Daesh’s self-proclaimed caliphate.

Arab states will need to contribute more to the fight, including ground forces. Resolving the impasse over what to do with Assad is critical to establishing a united front between his military, Russia’s, Iran’s, Turkey and the anti-Daesh coalition. Both requirements are fraught and need to be the subject of delicate negotiations made all the more complicated by the Saudi-Iranian confrontation occasioned by the Saudi execution of a Shiia cleric. But for the negotiations to advance, much less to succeed, there needs to be battlefield gains against Daesh in Iraq that reverse its march towards Baghdad and which break the strategic stalemate currently in place. Once the prospect of victory over Daesh becomes possible, more countries will feel comfortable putting additional resources into the campaign against it.

There is room to be optimistic in that regard. In 2015 Daesh lost approximately 30-40 percent (+/- 5000 square miles) of the territory that it controlled in Iraq and Syria. Most of these losses were to Kurdish Peshmerga forces working in concert with Western special operations units. Significantly aided by its coalition partners and tribal militias, the Iraq Army has re-taken Tikrit (November) and the oil refinery town of Baiji (October) and is in the process of clearing the last pockets of Daesh resistance in Ramadi. Preparations for the re-taking of Falluja are well underway, and the battle for Mosul–Daesh’s biggest conquest in Iraq–is scheduled to begin within months. Key Daesh supply lines between Iraq and Syria are under near-constant aerial attack. In sum, the tide of Deash victories may not have completely turned but it does appear to have ebbed.

John Key does not do anything out of moral or ethical conviction, much less altruism. Instead he relies on polling and self-interest to drive policy. His polling may be telling him that it is getting politically less difficult to sell the NZSAS deployment to domestic audiences. But even if not, he has in the past ignored public opinion when it suits him (e.g. asset sales and the TPPA). With Labour warming to the idea of an NZSAS deployment, his political risk is reduced considerably regardless of public opinion. It is therefore likely that, weasel words notwithstanding, the train has been set in motion for that to occur.

Once the deployment is announced it is likely that the NZ public will support the decision and wish the troops Godspeed and success in fulfilling their mission. But even if the majority do not, the diplomatic and military pressure to contribute more to the war effort against Daesh will be enough to convince the government that it is in NZ’s best interests to agree to the request. In a non-election year and with Labour support it is also a politically safe thing to do.

What is certain is that the mission will be very dangerous for the troops involved. It will raise NZ’s target profile amongst Islamicists and could invite attack at home. But given the position NZ finds itself in, it is a necessary and ultimately justified thing to do for several reasons, not the least of which is upholding NZ’s reputation as an international actor.

A short version of this essay appears in the New Zealand Herald, January 7, 2016 (the comments are quite entertaining).

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