Posts Tagged ‘Terrorism’

The supermarket stabbing spree was not a terrorist act.

datePosted on 14:33, September 8th, 2021 by Pablo

Blood had not even been mopped up from the floor after the supermarket stabbing spree when the prime minister strode to the parliamentary theatre podium and declared it to be an act of terrorism committed by an individual following an extremist ideology. Within minutes of her pronouncement the media sped to get reaction to the event. I declined nearly a dozen interviews in the first day after it occurred because I did not want to speculate on an ongoing investigation, but the terrorism studies industry jumped into action and joined the bandwagon labeling the stabbings as an act of terrorism committed by a “lone wolf,” followed by cheerleading the official line arguing that the powers of the State needed to be expanded so as to include acts of preparation and planning along with actual crimes of ideologically-motivated violence in the Terrorism Suppression Act (TSA). That several of the critically unreflective media-ordained “experts” who featured over the following days are associated with research centers that receive government (including security community) funding does not appear to have given a second of pause to the media booking agents.

I have written about terrorism on and off for 30 plus years. I have written about it in professional journals and on this blog. In a previous life I was involved with the counter-terrorism community in the US as an analyst and part of contingency planning and profiling teams, and more recently have consulted with various entities about the phenomena. I believe I have a pretty good idea of what terrorism is and is not. Because of this I would like to outline some basic facts and offer a brief defense of why I do not believe that the supermarket stabbings were terroristic in nature. I am a minority voice swimming against the current of official discourse, but have confidence in my view on this matter and ask that readers please consider what I write below.

There are several forms of terrorism. These include state terrorism (the most common form), where a State terrorizes its own people or other targets; state-sponsored terrorism, where a State uses a proxy to commit acts of terrorism against an enemy or its core interests (think of the Iranian relationship with Hamas or Hezbollah, or—dare I say it–the Saudi relationship with al-Qaeda); non-state terrorism, including criminal (for example, Mafia) and ideological terrorism perpetrated by non-state irregular warfare actors (al-Qaeda, Daesh, the IRA, Sendero Luminoso in Peru, Mano Blanca in El Salvador or “Triple A” in Argentina). The list is extensive and covers the entire ideological spectrum. The bottom line of non-state ideological terrorism is that it must have an explicitly political focus—it has a political end or endgame in mind.

There is also terrorism committed during war time and terrorism that occurs during peace. War terrorism is mainly a sub-set of state terrorism but is also found in irregular warfare. The fire-bombing of Dresden had little military purpose but was designed to have a psychological impact on the German population. Likewise, the nuclear bombings of Hiroshima and Nagasaki were done not so much because of the military importance of these targets but because of the psychological impact that a single bomb annihilation of a city would have on the Japanese. In both cases the purpose was to terrorize, not gain a military advantage per se. Likewise, beheadings and other atrocities committed by jihadists do not improve their military positions but do have a psychological impact on those who are witness or subject to them. Terrorism during peace are those that occur outside of recognized (declared or undeclared) conflicts. Again, this includes terrorism by the State against dissidents and criminal terrorism against authorities or non-compliant members of the public. As of 9/11, the focus has been on non-state ideological terrorism even if the specific ideology behind many acts of terrorism has shifted over time.

Terrorism can involve large-scale mass attacks or small cell and solo operator (“lone wolf”) attacks. The tactical logic at play is to commit acts of seemingly random and disproportionate violence against soft targets with the purpose of instilling fear, dread and a sense of powerlessness, if not hopelessness in the population. As I wrote professionally more than two decades ago, the terrorist seeks to atomise and infantilize the social subject so as to isolate and paralyze it in the face of the perpetrator’s actions. That facilitates surrender or acquiescence to the terrorist will.

Terrorism has a target, subject and an object. The target are the immediate victims of a terrorist act, the more vulnerable and helpless the better. The subject(s) is the wider audience, including the public, government and even sympathetic or like-minded groups and individuals. The object is to send a message and to bend the subject to the will of the perpetrator, that is, to get the subject(s) to do or not do something in accordance with the perpetrator’s objectives and desires.

Having said all of this, by way of illustration let us run a comparison between the Christchurch attacks and the supermarket stabbings.

The Christchurch killer meticulously planned over at least 18 months an act of mass murder, stockpiling weapons and ammunition in order to do so. He did so in secrecy and without drawing attention to his actions (or so the Royal Commission of Inquiry would like us to believe). He displayed cunning, situational awareness and observed operational security as he counted down to the attack date, which was chosen for its historical significance (the Ides of March). He wrote a lengthy manifesto detailing his ideological views and reasons for committing the attacks. As believers gathered in houses of worship on a day of prayer, his targets were highly symbolic and chosen after considerable observation and research. The acts of mass murder were carried out in a cold blooded, calculated, methodical manner, live streamed on social media and eagerly shared by his co-believers world-wide. After capture, he was determined to be sane if narcissistic in personality and interviews with those who knew him prior to March 15 said he exhibited no signs of mental illness. In fact, even though a foreigner, he had friends and socialised normally (I use the last term neutrally as opposed to differentiating between so-called “normal” and “abnormal” or “unusual” conduct).

Now consider the supermarket stabbings. By way of a broad summary, let’s note the following. The perpetrator—I will refer to him by his suppressed identity “Mr. S”– had been granted refugee status in NZ after leaving Sri Lanka in 2011 (he was Tamil) and yet for years had publicly spoken of his desire to kill infidels and his hatred of the West. He was said to be lonely and homesick, with few social contacts in NZ. After being arrested in 2015 he was assessed as being depressed, subject to wild mood swings, prone to violence as a result of having Post Traumatic Stress Disorder stemming from experiences as a Tamil in his homeland. He had come to the authorities’ attention by openly posting jihadist supportive rants online, making threats to others (including muslims) on social media, and for seemingly preparing to wage jihad in NZ or abroad. When searched his flat contained violent extremist literature and videos and hunting knives. After being arrested while trying to leave NZ on a one way ticket (which the authorities believe was to be a journey to the killing fields of Syria), he was bailed and promptly went out and bought an exact copy of a knife that had been confiscated from him, apparently from the same store that he had bought the first one. He was then re-arrested and charged with possessing an offensive weapon (charges later dropped) and with posessing objectionable materials in the form of jihadist literature and videos. 

When in court he railed against the injustices done to him, threatened the judge and openly spoke about his desire to do harm to others. But, because his refugee status was being disputed, further cases against him were pending and he had served three years already while waiting for and then during trial, he was sentenced to community supervision for a year, then released on July 16 and bailed to a mosque that, as it turns out, did not have its own Imam but did have a bed. He was ordered to undergo psychiatric evaluation but refused to do so and was never forced to comply. Then came Friday Sept 3.

Rather then the culmination of months of meticulous planning and preparation, that day we saw a spontaneous act of white hot rage (which makes suggestions that strengthening the TSA to include acts of planning and preparation would have prevented the attack utterly ludicrous). He grabbed a knife off a shelf and started stabbing other shoppers (who, fortunately, were observing social distancing rules during the Level 4 pandemic lockdown). His targets were chosen opportunistically and at random–they were simply close enough to attack. He ran through the aisles yelling and shouting, thereby alerting other potential victims to impending danger. He ran from victim to victim rather than pause to finish them off in deliberate fashion. He had no manifesto and he he did not video his actions or communicate or transmit his attack to others. He had no subject other than his immediate targets and he had no object other than to satisfy his own bloodlust and sense of being wronged by society.  His message was to himself.

He had no connections to any jihadist network because even if he once did (and that has not been alleged, much less proven) his internet access was cut off after his arrest and he was largely isolated within the Sri Lankan and Muslim communities because of his notoriety. He had no affective relationships to speak of since his family remains in Sri Lanka and he had no partner or romantic attachments. Described as normally behaved before he arrived in NZ, he descended into personal and political darkness in the years after, linking the two in his public and private utterances. In fact, although he glorified ISIS violence and fetishised bladed weapons, it is unclear how deeply rooted he was in the Salafist world view that underpins ISIS’s ideology.

After he was released in July he developed, according to media reports, an obsessive focus on someone whose identity is suppressed but who was deliberately distanced from him after concerns were raised about his behaviour towards that individual in the days before the stabbings. One can only wonder if this was a case of what is known as affective displacement or transfer in which his emotional focus shifted from jihad to something more immediate and personal, and when that object of attention was removed, he snapped. If so, his ideological focus was more an opportunistic product of his mental state than of true devotion to the extremist cause. Put another way, his homicidal ideation may not have primarily been driven by ideology, which may have been more of a convenient crutch for his grievances rather than the root cause of his sociopathy.

To be clear: I am no mental health expert and defer to them on the subject, but I have learned enough over the years to believe that something more than ideological zealotry may have been at play here.

What S did have is a constant armed police surveillance presence around him because unlike the judge who released him in the hope that he could be rehabilitated, the police had no illusions that he was anything but a danger to himself and society. They therefore devoted considerable resources to surreptitiously monitoring him. As it turns out, he received no rehabilitation as well, which meant that the police emphasis on covert surveillance from a distance was certainly not designed to be pre-emptive or preventative in nature (since an intensive rehab counselor could have given them daily updates on his state of mind). As quick as the police reaction was to the stabbings, they were at a disadvantage given the nature of their surveillance technique, which apparently did not benefit from regular psychological updates. This is no slight on the police. They did what they thought best given the difficult circumstances that they were put in, and in the end they saved lives.

Even lumping Mr. S with the Christchurch killer as “lone wolves” is problematic. The Christchurch killer clearly was such a threat, quietly stalking his prey and preparing his attacks. Mr. S, however, acted impulsively and without the type of deliberation usually associated with lone wolves. Rather than “flying under the radar” of specialised and dedicated counter-terrorism units in NZ (as the Royal Commission would like us to believe with regard to the Christchurch terrorist), he was a known, clear and present danger, at least as far as the police were concerned. Likening him to the March 15 killer as a lone wolf is , again, drawing too long a comparative bow. In fact Mr. S seems closer to the May Dunedin Countdown stabber (four wounded in that attack) than the Christchurch killer, even if the demons inside the Dunedin stabber’s head were fueled by meth rather than ideology and/or mental illness.

For those who would differentiate terrorism from other violent crimes by consequences or effects, here too Mr. S’s actions fall short of the definitional threshold. The Christchurch attacks had immediate and longer-term impacts at home and abroad. While championed by white supremacists and rightwing extremists and causing wide-spread fear in NZ society in the immediate aftermath, it had a more dramatic influence on counter-terrorism threat assessments and approaches world-wide. It occasioned considerable reflection within NZ about tolerance and community and has produced numerous government initiatives to address its root causes. Its message was heard globally, albeit in different ways by different audiences/subjects. In contrast, the supermarket attacks caused a media frenzy, some political debate, assorted commentary and much questioning of how S came to be loose in public. That focused scrutiny lasted about five days, but soon the story receded on media outlets and from the public eye, replaced by coverage of the lowering of Covid lock-down levels and the usual political and social news. Beyond the victims, immediate witnesses, some politicians, pundits, activists and police, NZ society is already moving on and the consequences of the attack outside of (and arguably even within) NZ is minimal. The Christchurch attacks had long-term and wide-ranging effect; the supermarket stabbing spree has had a relatively narrow and short term impact. In other words, in consequence it does not rise to the level of a terrorist attack.

Put another way. Although the supermarket stabbings were certainly terrifying to those who were in and around the store, they were not terroristic in intent or effect.

It is interesting to consider that Andrew Little is both the Minister of Health as well as the Minister of Intelligence and Security. While this may promote efficiency in the discharge of portfolio obligations, it meant that there was no ministerial cross-check on the decision about Mr. S. Instead it presented Mr. Little with a choice when it came to Mr. S: treat him as a mental health case or as a national security threat? The institutional bias underlying the decision about him given the portfolio arrangement is now clear. National security was the priority, not Mr. S’s mental health.

The government says that it considered ordering Mr. S into compulsory treatment under terms of the Mental Health (Compulsory Assessment and Treatment) Act, but was advised that it was not realistic to do so because he did not meet the threshold for involuntary commitment. This is presumably because even though he was diagnosed with PTSD, depression and other ailments, it did not rise to the level of a recognized clinically diagnosed disorder. Fair enough, because the bar for involuntary commitment must be set very high. But what about him being a clear and present danger to himself and society? Should that have factored into the decision as to whether he should be held for assessment and treatment? Had he not held ideological views, would have national security even entered into consideration even if the threat he presented to the public was the same? What would have been the decision then?

Because the decision was made against the mental health option, the government tried to revoke his refugee status so that he could be deported as a national security threat. That is easier said than done given international protocols governing the treatment of refugees, but what seems clear is that even though (or perhaps because) the High Court struck down prosecuting S under the Terrorism Suppression Act since “planning and preparation” is not part of the language in it, the Crown was determined to treat him as a jihadist rather than someone who was violently unwell. However coincidentally, Sept 5 fell into the government’s lap when it came to pushing under urgency amendments to the TSA that incorporated “planning and preparation” into the definition of behaviour covered by the Act, and the chorus of experts all sang in harmony the government line that the law, as it stands without the amendment, is unfit for purpose.

Three things should be noted as an aside. This is the second time that the Crown has attempted to invoke the TSA when no act of violence was committed, only to be rejected by the Court. The first was after the Urewera raids, when the not-so-merry band of activists and misfits were initially accused of being terrorists for playing Che Guevara in the bush. That attempt to lay charges under the TSA failed even though people were in fact terrorised: the innocent Tuhoe who were held at gunpoint (including children on a school bus) by Police. The second point is that even though the TSA does not allow for prosecutions for planning and preparing for a terrorist act, the Crimes Act has enough in it to do so. Just imagine if police had evidence of someone about to commit a “common” (non-ideologically motivated) murder. Would they not step in to prevent the deed by using the evidence collected under the Crimes Act? If so, what is the difference with an ideologically motivated crime that makes it only prosecutable under the TSA? As it turns out, the Crown went for six and tried to test the TSA a second time on Mr. S. And for the second time, it was given out by the Court.

The third point is that the government had a legal remedy on national security grounds that would have kept Mr. S confined indefinitely while being assessed and treated but chose not use it: issuing a Security Risk Certificate against him recommended by the Security Intelligence Service (SIS) and once used in the Ahmed Zaoui case (even though Zaoui never threatened or committed any act of violence). The Certificate calls for the preventative detention of an individual deemed to be a threat to NZ’s national security while legal processes are pending. Unlike Zaoui Mr. S was a well recognized threat to himself and others and yet, also unlike Zaoui, the Security Risk Certificate remedy was not explored or was rejected (perhaps because it too was “unreasonable” to do so). Which is odd given that he could have been subject to the strictures of the Security Risk Certificate during and after his trial regardless of sentence on lesser charges and therefore would not have been free on September 3 or required a constant resource-draining police surveillance presence in the weeks leading up to it. (Hat tip to Selwyn Manning for alerting me to this angle of inquiry).

In any event, rather than an act of terrorism or terrorist act (take your pick), what I saw on Sept. 5 was the commission of a hate crime. I recognize that NZ does not have a hate crime statute (as far as I know) and understand that hate crimes are usually designated as acts of violence committed against individuals or groups because of who they are (e.g. gays, Muslims, redheads). Here I use the phrase “hate crime” because Mr. S’s hatred and rage was directed at non-Muslim society in general and because of the lack of compliance with the definitions and description of terrorism mentioned above. It does not make the supermarket attacks any less heinous than those done deliberately as terrorist attacks with the same (thankfully non-fatal) outcome. But it does help distinguish between underlying motive and rigorousness of method, which in turn helps prevent us from being suckered into agreeing and complying with the agendas of security officials and vested “experts” alike.

Disclosure: After a day of thought and research into the case, I agreed to selective media interviews in which I outlined the views expressed above. That included raising the question as to whether invoking the Mental Health Act was considered. That was not well-received by some in the mental health community who felt, to quote someone, that I “had strayed from my lane.” I was surprised by that comment because I did not realise that I was in a lane, much less that I was “supposed” to stay in it. I still think that it was a legitimate question to ask and as it turns out the government answered it, however vaguely, shortly after I posed the question to a reporter. A few days later it turns out that I was on to something.

Media Link: “A View from Afar” on YouTube.

datePosted on 14:21, July 16th, 2021 by Pablo

I am glad to report that the “A View from Afar” podcast is now available on the 36th Parallel Assessments YouTube channel. As a teaser, the first video is taken from an interview done in Karekare with German TV about the scourge of white supremacism/right-wing extremism.

Thought for the day: On terrorist entities.

datePosted on 14:49, September 3rd, 2020 by Pablo

Now that he has been convicted and sentenced, including on a charge of committing a terrorist act (to which he admitted guilt), the Christchurch killer has been designated a “terrorist entity” by the government, using provisions of the Terrorism Suppression Act 2002. Designating the killer as a terrorist entity means that his assets can be seized, his (online/other) fans can be prosecuted as terrorist supporters and creating funding platforms for his legal appeals or other reasons are now punishable offenses. No GoFundMe pages for him, it seems, and racists will need to think twice and tread carefully when they sing his praises in any forum (which should make certain NZ rightwing blogs a bit more careful when moderating comments)..

This is a smart move on the government’s part. Although the intent of the 2002 legislation was clearly directed at Islamicists and the various fronts and support networks that aided their armed campaigns, the use of the legislation in its first instance–both in successfully charging the killer with a terrorist offence and in designating him as an “entity” so that others could not easily provide support or encouragement to him or other like-minded people–is a well executed step that in principle demonstrates that the law can be applied in a balanced fashion regardless of the ideological cause being espoused.

But the test of this balance remains to be seen. Imagine if Tame Iti and his ragtag assortment of activist friends had been charged and convicted of terrorist offences because of their Urewera shenanigans (which was the original intention of the Clark government). Would they have been designated as “entities” so that others of similar mind could not legally offer them or their various causes emotional and material support? What about environmental or animal rights militants, who are often labeled as “eco-terrorists” by rightwing politicians and media and the commercial outfits that the activists oppose? What about anti-1080 activists, who have shown a penchant for intimidation and violence? Or the Sea Shepard Society, which Japan has designated as a terrorist group (and pirates) because it has used direct action tactics against whalers in the Southern Ocean and elsewhere?

The old saying “one person’s terrorist is another person’s hero” comes to mind here. The label can be applied to anyone who, under the broad definition of “national security” in New Zealand legislation, causes “harm” to the national economy, social order or reputation regardless of whether they used violence in pursuit of their objectives. Accordingly, the use of the term “terrorist” has been stretched by politicians, media mouthpieces and corporate and/or interest groups to cover a variety of non-murderous people agitating for a wide range of causes.

That is why the use of the term “terrorist” and the designation of terrorist entities must be done under strict guidelines and in the most extreme of circumstances. While international designators are helpful–say, in labelling Daesh as a terrorist entity or NZ expats clearly identified as having participated in its genocidal activities as terrorists–it remains for the Crown to rigorously scrutinise the criteria by which people and groups are placed in such categories. That must be objective, factually-based and proportionate to the harm committed. Above all, it must not be left to the government of the day, less partisan opportunism rear its ugly head in the application of justice.

The Christchurch killer made it easy on the Crown–and on the security agencies that allowed him to slip under the radar when planning and preparing the attacks–when he pleaded guilty to all charges. The sentencing was heavy on drama and pathos but the outcome was foretold and inevitable. The post-sentencing designation of the killer as an entity was an adroit touch. But one wonders if that designation should have come from the court at the time of sentencing rather than from the government after the sentence was handed down.

In any event, the first successful application of terrorism charges and terrorist entity designations is a salutary milestone in NZ jurisprudence and security affairs, but it is not without its potentially negative implications in future circumstances. That should be the guiding (or better said, self-limiting) principle in any future consideration of their use.

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

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

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

Beware the false narrative.

datePosted on 11:19, April 25th, 2019 by Pablo

ISIS and a junior defense minister in the Sri Lankan government have claimed that the terrorist attacks on churches and hotels in the island nation were a response to the white supremacist attack on mosques in Christchurch on March 15. The claims need to be treated with skepticism. Here’s why.

Having been defeated on the battlefields of the Levant, ISIS now urges its followers to return to decentralized terrorist attacks as a form of irregular warfare. It wishes to show continued strength by claiming that it can orchestrate attacks world-wide and that no country can escape its reach. The Easter Sunday terrorist bombings in Sri Lanka fit that narrative.

The truth is otherwise. The Sri Lankan attacks may have taken inspiration, and perhaps even logistical support from ISIS but planning and preparation began well before March 15. It is true that ISIS called for retaliatory attacks after the Christchurch attacks, and it could well be possible that March 15 was a precipitant event for the Sri Lankan bombings. But there was and is a larger and yet more local picture in play.

The Easter Sunday bombings occurred against a backdrop of rising violence against both Muslims and Christians in Sri Lanka by Buddhist militants, something that has accentuated in the last year and is the underlying motive for the attacks. These were not random or foreign in origin, but represent a violent response by one oppressed minority using terrorism against another minority and tourists in order to make a sharp point to the constitutionally empowered majority that it sees as increasingly oppressive in nature (70 percent of Sri Lankans practice Buddhism, which is the official religion of the country and which has constitutionally protected privileges). Christians were the targets because they were left unprotected by an indifferent or incompetent government, while tourists were attacked because the country depends on them for hard currency revenues. Neither targeted group were the real subject of the attacks, nor was the objective of the attacks strictly about them.

Operationally speaking, the effort to engage in coordinated, simultaneous attacks against multiple soft targets using significant quantities of explosives and involving at least 7 suicide bombers requires months of target surveillance, stockpiling and concealment of bomb-making ingredients, manufacture of human-portable bombs, coordination and communication between perpetrators and accomplices and logistical support in at least three cities, all under the veil of secrecy. Whether or not Christchurch served as a precipitant or ISIS called for revenge attacks in its wake, the making of the Easter Sunday plot was long in the works well before the white supremacist gunman walked into the Masjid al Noor.

Simply put, the Easter Sunday bombings simply could not have been put together in the month after the Christchurch attacks. Moreover, the Sri Lankan security services were warned several times before March 15 that Muslim extremists were preparing to launch attacks, followed by specific information two weeks ago that Catholic churches were being targeted on Easter. The complexity of the attacks and the repeated warnings of them strongly suggests that ISIS’s claims are opportunistic rather than truthful.

Likewise, the uncorroborated claim by a Sri Lankan junior minister that Christchurch was the reason for the Easter Sunday atrocities appears to be reckless attempt to deflect attention away from the gross negligence that led to the intelligence “failure” that facilitated them. In an atmosphere of rising ethnic and religious tensions, the Sri Lankan government received repeated and specific warnings about the impending attacks and yet did nothing. It did not increase security around churches and hotels and did not seek to preemptively arrest suspects on various extremist watch lists. Instead, rendered by partisan infighting and weighed down by incompetence, the security forces cast a negligent eye on what was going to happen. That may be because the attacks can serve as an excuse to crack down on the Muslim community, something Buddhist hard-liners have been seeking for some time. Whatever the reason, it was not an intelligence “failure” that facilitated the attacks. The security services knew, or at least were warned about what was going to happen. They either could not or chose not to act.

In truth, ISIS and some Sri Lankan government interests converged in making Christchurch part of the narrative. Falsely claiming that the Easter Sunday attacks were revenge for Christchurch makes it seem as if they are part of a larger struggle in which Sri Lanka is a pawn. The reality is more simple: the attacks were a local Islamist response to increased ethno-religious conflict in Sri Lanka in recent years, which itself is part of a larger struggle within South Asia between Buddhists, Hindus and Muslims as their lines of division continue to harden.

Therein lies the danger of the false narrative embedded in the ISIS and minister’s claims about Christchurch. They feed into the “clash of civilizations” argument put forward by ideological extremists that the world is in the midst of an cultural and religious conflict in which only one side can win. Subscribing to this argument justifies so-called “tit for tat” responses, whereby an attack by one side leads to an attack by the other, creating a cycle of violence that is designed to spiral into an existential confrontation between antithetical “others.” Although the vast majority of religionists the world over are non-violent and tolerant of other beliefs, this is the apocalyptic vision that extremists want to propagate.

The antidote to this is to place responsibility where it belongs and to not buy into false opportunistic narratives about revenge-based existential conflict. Sometimes the blame for atrocities lies closer to home, both in terms of root causes and inadequate responses.

An earlier version of this essay appeared on the Radio New Zealand web site (rnz.co.nz) on April 25, 2019.

Submission on the government’s firearms law reforms

datePosted on 12:59, April 3rd, 2019 by Lew

What follows below the fold is my submission to the Parliament’s Finance & Expenditure Select Committee, which is currently considering the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Bill giving legislative effect to the government’s previously-announced gun control measures.

TLDR: I think the process is tolerable but not ideal; and I think the bill is good, but lacks technical clarity in some specific and rather abstruse regards.

L

Read the rest of this entry »

It’s been a while since I’ve posted here, but given the ongoing interest in gun control measures following Christchurch, here is a link to a column I wrote for RNZ on the many beneficial qualities and general sanity of the government’s initial Order in Council banning most semi-auto firearms on 21 March 2019.

I can’t add much to Pablo’s excellent analysis of the extremism and national security aspects of the case, but for my sins, gun stuff is something I can write about.

Shortly I’ll also post a copy of my submission on the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Bill currently before the house.

L

Owning It (updated).

datePosted on 12:00, March 21st, 2019 by Pablo

Earlier versions of this essay were published by Radio New Zealand and Australian Outlook.

The terrorist attack on two Christchurch mosques, which resulted in the deaths of fifty people and injuries to dozens of others, is a watershed moment in New Zealand history. In the days, months and years ahead much soul-searching will be conducted about the social and political factors that contributed to the massacre. Here the focus is on two: the spread of hate speech via social media; and the intelligence failures that may have contributed to the event.

With the proliferation of social media platforms during the last decade there has been a steady increase in their use by extremist groups. Be it Wahabbist and Salafists calling for jihad, 9/11 conspiracy theorists or white supremacists, social media has given them global reach in a measure never seen before. This allows extremists in disparate parts of the world to instantly communicate and reinforce their views without having to be in physical contact. They can even plot acts of violence using encrypted platforms and the so-called “Dark Web.” This was the case with the Christchurch gunman, who went on extremist platforms in real time to announce his intentions shortly before he began his attack, then live streamed it on Facebook. As the massacre unfolded from the killer’s perspective (he was wearing a popular sporting camera on his chest), hundreds of people cheered him on (and later debated the merits of the action. See, e.g., here).

That is what is different today when compared to twenty years ago: the threat of decentralized, even autonomous extremist violence has increased commensurate with the emergence of social media outlets that allow them to disseminate their views.

This produces both an echo chamber and megaphone effect: not only do kindred spirits find common space to vent and practice their hate against the perceived “Other,” but more moderate, mainstream outlets begin to pick and emulate some of the language used in them. Language that was once socially unacceptable in most democratic societies has crept into mainstream social discourse, be it about immigrants, minorities, sexual minorities or indigenous groups. Hate speech is increasingly normalized under the mantle of free speech, where the hate-mongerers turn the tables on civil libertarians by claiming that their freedom of expression is being trampled by political correctness gone mad. That in turn has crept into the rhetoric of politics itself, where mainstream politicians and political commentators adopt some of the language and policy positions that once were only championed by a rabid yet marginalized political fringe. One only need to remember the anti-immigrant language of certain politicians and the mysogynist, homophobic and/or xenophobic rantings of assorted radio hosts and television personalities, to say nothing of the comments section of what used to be moderate political blogs, to see how the discursive trend has evolved in New Zealand.

The problem is almost exclusively a democratic one. Authoritarian regimes censor as a matter of course and control the flow of information in their societies, so what can be seen and heard is up to the regime. Unless authorized or condoned by the State, extremists are not given space to air their views in public.

Democratic societies uphold the right to free speech no matter how noxious it may be because it is exactly the unpopular views that need defending. But the principle of free speech never reckoned with the practice of social and mainstream media outlets using business models that are at least in part founded on the idea that there is money to be made in catering to extremist views. If advertising can be sold on extremist sites and offensive speech is protected, then the bottom line advises that it is not for the media conglomerates to determine what is and what is not acceptable social discourse. That is for others to decide.

In other words, the cover of free speech gives media conglomerates the excuse to continue to pursue profit by hosting extremist sites and allowing vile content on their platforms. The more that extremist views are filtered through outlets like Fox News and talk-back radio, the more they tilt public perceptions in a xenophobic, paranoid, fear-driven direction. This is not healthy for democracies.

This is the public policy conundrum. Where to draw the line between free and hate speech? When does offensive speech become dangerous speech? One would think that the answer would be simple in that any calls for violence against others, be it individual or collective in nature, is what separates offensive from hate speech. And yet to this day democracies grapple, increasingly unsteadily, with the question of what constitutes censorable material on-line. In a world where hard core pornography is increasingly available and normalized, it is hard to argue that people expressing ugly views are any worse than what is allowed in the skin trade.

With regard to whether there was an intelligence failure. Obviously there was because the massacre occurred. But the question is whether this was due to policy errors, tactical mistakes, some combination of both or the superb stealth of the bad guy.

At a policy level the question has to be asked if whether the intelligence services and police placed too much emphasis after 9/11 on detecting and preventing home-grown jihadists from emerging to the detriment of focusing on white supremacist groups, of which there are a number in Aotearoa. Given a limited amount of resources, the security community has to prioritize between possible, probable and imminent threats. So what happened that allowed the killer to plan and prepare for two years, amass a small arsenal of weapons, make some improvised explosives and yet still fly under the radar of the authorities? It is known that the security community monitors environmental, animal activist, social justice and Maori sovereignty groups and even works with private investigators as partners when doing so, so why were the white supremacists not given the same level of attention?

Or were they? The best form of intelligence gathering on extremist movements is via informants, sources or infiltration of the group by undercover agents (who can target individuals for monitoring by other means, including cyber intercepts). Perhaps there simply are not enough covert human intelligence agents in New Zealand to undertake the physical monitoring of would-be jihadists, other domestic activists and white supremacists. Perhaps white supremacist groups were in fact being monitored this way or via technical means but that failed to detect the Christchurch gunman.

That begs another question. Was the killer, even if a white supremacist himself, not an associate of groups that were being monitored or infiltrated by the authorities? Could he have maintained such good operational security and worked in absolute secrecy that none of his friends and associates had a clue as to his intentions? Was he the ultimate “lone wolf” who planned and prepared without giving himself away to anyone?

If the latter is the case then no amount of intelligence policy re-orientation or tactical emphasis on white supremacists would have prevented the attack. As the saying goes in the intelligence business, “the public only hears about failures, not successes.”

In his apparent radicalization after he arrived in New Zealand, in his choice of targets in Christchurch and in his ability to exploit domestic gun laws, in the fact that although he was socially active no one knew or ignored his plans, the killer was local. In the inability of local authorities to detect and prevent him from carrying out the attacks, the intelligence failures were local.

It is in this sense that New Zealand must “own” the Christchurch attack.

PS: I have been criticised for initially claiming, before his arrest, that the gunman may have come from Christchurch. Many people, including a prominent music and pro-cannabis blogger, felt that I was “reckless” for doing so, especially after it emerged that the suspect was Australian and lived in Dunedin (on and off since at least 2014). Let me explain why I made that initial error.

Within minutes of the gunfire I received links to the 4Chan and 8Chan platforms in which the shooter announced his intentions and linked to the live stream of his attack. As I read the commentary on the extremist platforms and watched the news over the next hour a source in Christchurch called and said that given his escape and the failure to initially detect and apprehend him (it took an hour to do so), the speculation by those chasing him was that he was a local. I repeated that live on radio as events unfolded, using the qualifier “apparently.” It was a mistake but not a reckless one, and in the larger scheme of things it simply does not matter.

I also made a mistake when I said that the weapon used was likely sourced on the black market from organised crime and may have been a modified hunting weapon with a suppressor on it (that much was clear from the video). As it turns out it was a legally purchased weapon by a licensed gun owner. My bad.

Finally, for thoses who keep on insisting that because the killer is Australian that absolves NZ of any complicity or guilt in the event–get real. Christchurch is the epicentre of South Island white supremacism and for all we know the killer may have chosen his targets not only because the Muslim population is fairly large in that city but also because he could show off to his mates on their home turf. If reports turn out to be true that he had kindred spirits at his gun club, then perhaps he was not as “alone” as is currently believed when planning and preparing for the attacks.

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. (https://www.stuff.co.nz/national/101327837/advise-and-assist-in-iraq-was-always-part-of-the-plan-for-nz-defence-force).

Letters from America, take seven: Dark Irony.

datePosted on 07:50, October 4th, 2017 by Pablo

The fact that a country western concert in the US was the target of yet another mass murder spree by an automatic weapon- toting white man is darkly ironic given that country western fans tend to be ninety percent white, predominantly middle and working class, republican in political orientation and a core demographic of the National Rifle Association (NRA) and the Trump support base. They are known for wearing and displaying US (and confederate) flags along with cowboy boots and hats, and indeed many of the victims were clad in patriotic-themed apparel.  The guns used were apparently US-made semi-automatic assault rifles converted to fully automatic by the use of converter kits known as “bump stock” kits (which provide an anti-lock override mechanism attached to a short stock that allows the shooter to hold the trigger down and use the recoil to simulate an automatic setting). The shooter used extra capacity magazines, which are legal in Nevada, as are the conversion kits. In fact, the weapons, ammo and conversion kits can be purchased at the same time in any gun store. Truth be told, a converter kit is not always necessary. A simple file can be used to file down the spot welds that often are the only thing preventing a semi-automatic weapon from becoming fully automatic, especially on older model combat weapons like AK-47s and M-14s.  In any case, semi-automatic weapons are classfied as hunting weapons so purchases do not need to be entered into a federal databank (as some states require automatic weapons to be).

The entire cache of weapons, amunition and acessories stockpiled by the killer were legal. And since he had no prior criminal convictions, so was his possession of them.

With the exception of some rightwing conspiracy types who claimed that the killer was a Muslim convert, and Daesh, which tried to claim credit for the attack, no one in a position of authority is claiming that this was an act of terrorism.

I tend to agree with this assessment even though people in the killing field were clearly terrorized and many more traumatized by what they experienced. Beyond the motivation-versus-effect argument about how to define terrorism, the hard fact is that here again we have another example of a white male getting a pass on the “terrorist” label. Be it in Sandy Hook, Charleston or Colombine, white males who commit mass murders, even when motivated by racial, political or religious animus, are described as mentally ill, insane, maniacs or lunatics. They are not called domestic terrorists.

That is not the case when people of color engage in similar acts, even though the majority of mass murders with guns in the US are committed by white males. Plus, by definition someone who undertakes such acts has to be at least a little bit mentally out of kilter. So why call some US mass murderers crazy and some cold-blooded terrorist killers? Given the level of planning put into the Las Vegas attack, it can be argued that the perpetrator was much less nuts than many other murderers. Yet the “T” word will not be used on him even though what he did was deliberate, calculated, well-planned and executed and designed to have the maximum lethal effect on what was a carefully chosen mass target.

We shall see what set off him off.  It might be gambling debts, a romantic breakup or a psychopathic meltdown rather than a political or musical grudge. He clearly knew what he was doing, and he acted in premeditated fashion. So the forensics on the event will be interesting. Less so is the tragedy porn now playing 24/7 on US television screens, where tales of human misery and pathos, be it man-made (Las Vegas) or natural in origin (Puerto Rico) are on repeat loops for the morbidly obsessed (I am in the US on an extended sabbatical so am getting to live this in real time).

What is noticeably absent from the official police statements and pretty much all of the hourly “news” coverage is any discussion of gun laws that allow an individual to amass 30 or so automatic firearms, thousands of rounds of combat grade ammunition and precursor chemicals for explosives. Instead, the coverage is all about the shooter, his motivations and the wonderful character and/or heroism and/or sacrifice of all of his victims. Leave it to the “liberal” talk show hosts to address that elephant in the room, and leave it to the rightwing media and politicians to make the discussion about gunowners rights as opposed to the victim’s rights that were so brutally violated.

That is why I have no illusions that anything good will come of this. If nearly 30 kids can be murdered in Sandy Hook and nothing gets done in terms of gun control, and instead rightwing freaks saturate social media with claims that it was a government conspiracy hoax done to take away guns from law abiding people (like the Las Vegas shooter), then there is little hope that the president or Congress are going to do anything to change the status quo just because some good ole boys and girls got the hot lead hose down by a disgruntled accountant. This is especially true since Republican congresspeople and the president have received large sums of campaign (if not other) money from the NRA.

It is, however remotely, possible that because of who he targeted, the Las Vegas killer might have sparked a pang of conscience in the gun lobby and the politicians who pockets are lined by it. If that is the case then the victims will not have suffered and died in vain. But for the moment one can only repeat what has been said many times before: the time for thoughts and prayers for the victims is over. The time for action on gun control is long past due.

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