Category: Intelligence and Security

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About SAS “mentoring.”

When John Key authorized the re-deployment of an SAS company to serve as counter-terrorism advisors to the Afghan Police’s Crisis Response Unit (CRU) in 2009, he was authorizing a mission that differed from the long-range patrol, tracking and infiltration missions that are the mainstay of SAS deployments and which were the basis for its original deployment in that theater from 2001-2005. In doing so he was placing the SAS at the forefront of the urban guerrilla war in and around Kabul (to include Wardak Province) that was part of the Afghan resistance’s two-pronged (urban and rural) irregular war conducted against the foreign occupying force led by the US and NATO under the banner of the International Security Assistance Force (ISAF). By the time Key authorised the deployment the security situation in Afghanistan had evolved into a civil war involving the Western-backed Karzai regime, the Pakistani-backed Haqqani network, and various Taliban factions based in and outside of Afghanistan (with Pakistan facilitating cross-border cover for those based inside its territory).

The SAS inherited the counter-terrorism advisor mission from the Norwegian special forces, who had advised the CRU from 2007-2009. The CRU has its origins in 2005, so rather than a new unit it is almost seven years old and has had foreign professional military training and advice for nearly five years. In most modern militaries the time taken for specialisation beyond basic training (such as sniping, sapping, intelligence-gathering and counter-terrorist response) varies from 6 to 18 months. That means that the CRU, which has 285 members, is lagging behind when it comes to being able to autonomously respond and fight on its own.

The SAS initially sent a light company’s worth of troops (70) in 2009, but the number has been reduced to 38 in the last year. The job consists of providing training on-base in which counter-terrorist assaults are mounted in various scenarios, using abandoned buildings, vehicles and other simulations that replicate the dense tactical environment in which the CRU must operate. Close quarter clearing and entering, airborne rappelling, hostage rescue and a host of other skills are initially imparted in these exercises. But the mission also includes accompanying the CRU into real situations, which means taking leadership roles in responding to live incidents when the CRU forces prove unable to cope on their own. As Taleban attacks on symbolic and military targets have increased over the last year in concert with the announcement that the US will be withdrawing the bulk of its forces by 2014, with other ISAF members already doing so,  the pace of these “live” responses has accelerated as well. Most of the operations conducted by the SAS/CRU consist of pre-emptive strikes against imminent threats based on intelligence flows provided by Afghan and ISAF forces. A smaller percentage is dedicated to responding to terrorist incidents in progress such as the attacks on the Intercontinental Hotel and British High Commission. The accelerated pace of operations now sees the SAS/CRU deployed in “live” mode 2-3 times a week on average. 

Urban guerrilla warfare has no fixed lines or fronts. In fact, by definition the battle space in a guerrilla war is amorphous and permeable. Thus the counter-terrorism mission is a combat mission within an irregular warfare context. Training and advising in such contexts means involvement in close-quarter small unit kinetic operations, which given the dense (heavily populated and urbanised) environment in which they occurs means that support and leadership roles are indistinguishable to the enemy. Thus the SAS has always had a combat role in this mission.

It is evident that the CRU is not performing up to professional standard, particularly when confronted by a committed and well-prepared enemy. This may be due to a lack of will on member’s part, which in turn may be rooted in the deep divisions extant in Afghan society and in the knowledge that a post-ISAF political settlement that avoids massive bloodshed will have to include the Taliban and the Haqqanis. Under such conditions in may appear foolish to be closely identified with foreign forces working with the Karzai regime. That could sap the desire of some CRU members to engage robustly in the counter-terrorism effort, no matter how eager they may appear to their SAS advisors when back on base. This is compounded by faulty intelligence flows in which individuals or groups with personal vendettas supply misinformation about rivals so that ISAF forces, including the CRU/SAS, launch raids against innocent people. There is already at least one incident in which the SAS has engaged in an operation that resulted in the deaths of innocents based upon faulty intelligence. The manipulation of intelligence by Afghan sources, in other words, raises the probability that the SAS will be involved in the deaths of civilian non-combatants.

The SAS dilemma is compounded by the fact that, given CRU unreliability, the risks to SAS troopers increases every time they deploy with them. It is one thing to deploy with fellow SAS on long-range patrols or in a counter-terrorism situation. They are a tightly knit and cohesive fighting unit playing off the same tactical page. But adding the CRU to the mix brings with it a lack of discipline and resolve, which forces the SAS troops to compensate by leading by example. Doing so exposes them to a degree seldom seen when fighting on their own.

The latest raid that resulted in the second death of an SAS soldier in a month demonstrates the problem. In a pre-emptive raid against suspected bomb-makers (or a family feud, depending on who you believe), the SAS deployed 15 advisors along side 50 CRU troops. This is a ratio of 1 advisor for every 3.1 CRU soldiers. That is remarkably low if the SAS were merely “mentoring” in a support role. The fact that the SAS trooper was killed while climbing a ladder to gain a better vantage point on the compound in which the raid was taking place shows that even such basic tasks, usually assigned to the most expendable soldiers of lower-rank,  are having to be done by SAS troops. This demonstrates a lack of faith in the competence or reliability of the CRU personnel and the need for first-responder proaction on the part of the SAS in such situations.

Given that the Afghan resistance have increased the tempo of their operations in and around Kabul, the likelihood is that the CRU/SAS will be involved in an increasing number of armed incidents. That may force the NZDF to re-increase its complement of SAS back to the original 70 personnel, and raises the question as to whether it will be asked to extend the SAS deployment past its March 2012 withdrawal date. Given the strategic dynamics at play in Afghanistan, that is a sticky question.

It also raises the question as to why Mr. Key has from the day he announced the re-deployment insisted that the SAS are in a non-combat “mentoring” and support role. The NZDF and Minister of Defense have now admitted that combat is part of the mission. Mr. Key continues to deny that it is so. Besides the lack of synchronization of the government PR spin, the question rises as to whether the government has misled the NZ public on the true nature of the mission, or the NZDF deliberately misled the Prime Minister and his cabinet on the matter at the time the request for SAS assistance was made by ISAF (it should be noted that Mr. Key’s agreement to redeploy the SAS was based on his eagerness to curry favor with the US, which may not have seen a trade deal as a reward but which has seen NZ elevated to the status of full US security partner with the signing of the Wellington Declaration of November 2010. This may well mean future involvement in US-led military operations that have little to do with NZ’s national security per se).

All of this makes the government and NZDF attacks on the credibility of Jon Stephenson and Nicky Hager, two journalists who exposed the true nature of NZDF missions in Afghanistan and the duplicity surrounding them, all the more contemptible and desperate. It also was very stupid to do so because the conflict environment in which the SAS operates has deteriorated rather than improved since it arrived back in theater, which made the deaths and wounding of its personnel much more likely if not predictable. Once that began to happen (there have been about a half dozen SAS troopers wounded in combat on this mission),  it was only a matter of time before the corporate media began to focus attention on the dubious explanations about the nature of the deployment. With that now happening the house of cards that is Mr. Key’s justification for authorizing it has begun to crumble, and it will not be surprising if senior NZDF heads will roll as a result.

 

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Justice Gnomes

The New Zealand Police [and Crown Law] appear to be adopting the Underpants Gnome strategy to deal with minor breaches of public order and transgressions against the general authority of the state:

1. Brutally arrest and lay spurious charges for general idiocy or mostly harmless defiance.
2. Weather firestorm of public and civil society outrage.
3. Drop or substantially downgrade charges after months (or years) of tedious ‘review’.
4. Insist that, despite expert opinions to the contrary, their original decision to lay charges — and the excessive means by which the arrests were effected — are perfectly justified.
5. ????
6. Profit!

This pattern holds in three high-profile cases that spring easily to mind: most clearly the “Urewera Terra” raids and subsequent fiasco, about which Pablo has written previously; more recently the case of Arie Smith, documented best by Russell Brown; and the pattern has today been completed by the decision to drop charges against Tiki Taane.

There are certainly other examples, which readers can discuss in comments. An exception to the pattern has been the Crown’s treatment of the Waihopai Three, who are being vexatiously pursued for damages they can’t pay, having been found not guilty by a jury of their peers. Pablo has written about this, also. In stark contrast to the high standard of conduct expected of random individuals stands the lax attitude towards police discipline, with egregious conduct documented or alleged in two out of three of those cases, and in others.

This coming weekend (weather & workload permitting) I’ll be visiting a block of land in Taranaki that the police had also pegged as housing “terrorist training camps” back in 2007. They failed to reach even the lax evidentiary requirements to gain the proper warrants to conduct raids there, but according to contemporaneous news reports they weren’t far off, and had dedicated considerable time, effort and money towards that end. Based on what I know about these particular circumstances, they would have roused a few kaumātua at Parihaka and its surrounds; some possum trappers, and depending on the day, perhaps a hunter or two (most likely Pākehā), since the most dangerous people in there are the folks who go in of a weekend with quad bikes and boxes of ammo and bottles of spirits to blaze mobs of goats, and leave them on the flats to rot as pig bait. Policing of this sort is a fool’s errand, and after nearly four years we have no reason to believe that those cases that had accrued slightly more evidence than the one of which I’m aware will have meaningfully more merit.

Watching and listening coverage of the 1981 Springbok tour riots this past week or so I’ve been struck by how his preoccupation with symbolic insults to law and order, rather than more substantive breaches, is reminiscent of police and government conduct under Muldoon, during that era — a short, sharp, shock doctrine of fiercely punishing trivial breaches in order to send a signal to those who would commit more serious actions. I don’t have time at present to go into a deep discussion of the implications of this activism among the police, and indeed Pablo has already covered much of that ground better than I could. But the apparent detachment between police command and both the ordinary citizens of the state and the country’s expert civil society agencies would be hilarious if it wasn’t so concerning.

Perhaps the worst aspect of this trend is that it serves to undermine the credibility of and public confidence in the police, which civil society needs to function. Especially at society’s margins — including Māori, the disabled, and activists — with whom police should be especially assiduous about building relationships.

Update: And would you look at that — right on cue, the remaining trumped-up firearms charges against the Urewera 18 have been dropped, on the grounds that continuing proceedings would not be in the public interest. Indeed. So, authoritarian apologists for the police state and anti-Māori revenge fantasists, how you like THEM apples?

L

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Suspecting the Spies.

Claims by Phil Goff that he was not briefed by Warren Tucker on the SIS Israeli backpacker investigation are remarkable because of what they imply. Not only is he suggesting that Tucker violated his statutory mandate to keep him, as Leader of the Opposition, fully informed of ongoing intelligence matters. His comments also raise the possibility that the SIS filters the information it provides to the Opposition Leader in a way that differs from that given to the government (and in this case provided incomplete information or none at all on a matter of importance). If true, the latter suggests that the SIS serves the government of the day rather than the national security interest at large, and that it “spins” the way it reports on intelligence matters in ways that cater to the government’s political necessities rather than based on objective assessments of the security and threat environment at any given moment. This is a violation of democratic principle.

The current National government would not be the first one to prefer that the SIS “spin” its reporting according to political necessity rather than fact. After all, the SIS did exactly that for the Fifth Labour government in the Zaoui case. Thus Goff’s indignation is a bit rich, although he may have a valid concern that the extent of spin and filtration in his briefs has exceeded the previous norm (recall that Don Brash, then Opposition Leader, said on radio that the case against Zaoui was thin, which suggests that he was getting honest briefings from the SIS at that time).

This is very troubling. If the SIS is, in fact, playing loose with its statutory obligations vis a vis intelligence briefings for the Opposition leader, it raises serious issues about its organisational accountability and transparency when answering to the elected officials (and public) to which it is responsible and to whom it ostensibly serves. This might not be unexpected in an authoritarian regime but it is absolutely anathema to democratic governance.

It is hard to see what political gain Phil Goff would achieve by attacking the credibility of a senior public servant such as Warren Tucker. Being an experienced politician, Goff would know that such a move would generate a backlash against him, including from quarters normally sympathetic to his views. Moreover, Goff has a considerable experience with intelligence flows given his previous roles as Minister of Defense and Minister of Foreign Affairs, and a fairly extensive professional history with Tucker himself. So, why did Goff do this? With no electoral advantage to be gained and plenty of downside to consider, why did he feel the need to turn what should have been the subject of a quiet discussion into a public fracas?

I suspect–without any inside knowledge–that his version of events is closer to the truth than that provided by Tucker. I suspect that when Tucker briefed Goff on March 14 as part of their regular monthly briefings he calculated it best not to bring up the Israeli case. The reasons were that Tucker would have noted that Goff was mired in the Darren Hughes affair and given Labour’s reaction to the previous Israeli spy scandal involving passport fraud in 2004, he might use the suspicion of more Israeli skullduggery as a diversion from the Hughes matter (and his handling of it). Since the SIS investigation of the Israelis was concluded by March 6, there was nothing to report other than that suspicions had been raised by the hasty departure of the three surviving Israeli tourists and that these suspicions were unfounded (I shall leave aside for the moment a number of questions that could indicate that there is more to the story than a mistaken suspicion).

Thus, it is possible that Mr. Tucker felt it wise, given National’s commitment to strengthen bilateral ties with Israel (including security ties), to gloss over or omit mention of the investigation during the March 14 meeting. That is not a cardinal sin and does not suggest impropriety so long as Mr. Goff was provided a full intelligence brief in writing. Goff claims that he was not provided such documentation. The SIS admits that there is no transcript of record of the meeting other than Tucker’s briefing notes (that is, the notes prepared before the meeting), something that not only violates standard bureaucratic procedure but also quite possibly the Public Records Act (I find it quite astonishing that the intelligence briefs are done on a one-on-one basis between the Director of Intelligence and the Opposition Leader without a third party transcriber of record, be it a secretary or someone nominated for that role by both parties). I could be wrong of course, but there are enough discrepancies in the SIS version of events to open room for such speculation.

The story gets weirder because the SIS maintains that Mr. Goff was also briefed on the matter on April 6, and then again on July 25 after the story about the Israelis broke in the press. Why the SIS would brief Mr. Goff on the matter on July 25 when it claims it had already briefed him twice is hard to understand unless Goff demanded a “please explain” meeting with Tucker after the revelations. Also hard to understand is why the SIS, under Tucker’s signature, would rapidly declassify its records of the March and April briefings as well as the summary of the investigation in order to provide them to a notorious right wing blogger who is, in fact, criminally convicted of breaching judicial orders regarding matters of privacy (in other words, the big fella is not known for his discretion or diplomacy when it comes to dealing with secrets). Not only is the rapidity with which the Official Information Act request from the blogger was answered quite astounding (5 working days from the request to the answer from Mr. Tucker, with the documents in question declassified the same day as the blogger’s OIA request), but it now seems that other outlets were denied or delayed in having their OIAs on the same matter answered, and that the SIS selectively requested that OIAs be sent to it on the subject couched in very specific language.

If we recall that the leak to the press of the Israeli investigation came from within or close to the SIS itself, and we add to it the normal reticence of spies to engage in public arguments with politicians about their business, and then factor in the selective provision of OIA data to sympathetic outlets, all on top of Mr. Goff’s claims, then we cannot but begin to suspect that the SIS is heavily politicised in what it does, does not operate as a neutral and apolitical source of intelligence flows, and in fact is behaving in ways that are inimical to democratic oversight and control over the national security apparatus. If true, the politicisation of the SIS (or at least its leadership) is a sign of institutional atrophy as well as bias, and worse yet, is a stain on the professionalism and integrity of those who work in the clandestine services. This is kiss of death type of stuff because foreign governments and New Zealand’s intelligence partners will have noted the deeper implications of the row between Goff and Tucker, something that will influence the way in which they approach matters of intelligence sharing with the New Zealand government.

There is much more to the story but let’s just say that this controversy once again raises serious issues about the SIS role, its integrity, and its ability to serve the public in a neutral and objective fashion without political influence or bias. Whatever Mr. Goff’s motivations, his outcry has raised fundamental questions that will not easily be swept away or silenced, and have the potential to drag Prime Minister Key into the fray (because Mr. Key is Minister for Intelligence and Security and thus Mr. Tucker’s nominal “boss,” and if it turns out the SIS has massaged its briefs or played with its documentation after the fact, then Mr. Tucker’s position becomes untenable–and perhaps criminally liable).

I tried to cover some of these points in an interview on TVNZ’s “Breakfast” show, which if nothing else shows that amid the celebrity sightings, gossip-mongering and general inanity of morning television there is still some room for the occasional serious discussion: http://tvnz.co.nz/breakfast-news/paul-buchanan-warns-sis-stoush-5-59-video-4339934/video

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Reputation and precedent in the construction of the “spy” story.

This post started as a comment over at DPF’s place.

Reputation and precedent are important referents in the international security business. Israel has a reputation for using sayanim (“helpers” who are Jewish citizens of other states or Israeli travelers who provide information and do tasks for the Mossad in foreign countries out of loyalty to Israel), and are known to send young intelligence officers, often posing as male/female couples, on foreign training missions where they act like travelers. Israel also has a precedent for engaging in covert operations in NZ in the form of the 2004 attempted passport fraud in which there was at least one local “helper” facilitated the Australian-based sayanim’s procurement of a false NZ identity. It has a reputation for using “cloned” foreign passports when undertaking foreign intelligence missions (to include assassinations), and the NZ passport is known to be very valuable on the black market and intelligence circles because of its perceived neutrality. Thus, when 3 surviving Israelis left the country with unusual speed after the Feb 22 Christchurch earthquake, facilitated by the Israeli embassy, warning flags went up at the SIS.

The issue of multiple passports for one victim hinges on the number and the identities and nationalities on them. If there were just two (as the government maintains) for the deceased driver that would be understandable given that Israeli passports are refused in many places and dual citizens routinely use more than one travel document. Even a third passport in the same name is not unusual for someone who has been raised and lived in several countries. But if there was indeed five or six passports as has been alleged in the original Southland Times story, and these had multiple identities as well as nationalities, then things get suspicious. We may never learn the truth of the matter in this regard, but if there were in fact different names and the same photo on more than two passports, then their counter-intelligence value is significant.

The issue of the unauthorised USAR team has to do with the victims’ families desperate attempts to get a focused search going for their loved ones at a time when local SAR was stretched thin and things were chaotic in the quake zone. The families hired a private Israeli USAR team that had the last known locations of the victims as their search target, and this team did not obey diplomatic niceties in securing permission because they were on a very time sensitive private mission. The fact that at least one of the Israeli USAR crew had past military and intelligence ties is no surprise given Israeli conscription and its network of helpers, but means little in this context. As for the Israeli forensic team helping with victim ID–they would have had access to police and other public records as part of their assigned duties with regard to identifying the dead and wounded. If Netenyahu and Key spoke more than once about the quake that would be unusual, but more likely that was due to genuine Israeli concerns with quickly recovering the 3 deceased compatriots for proper burial (since Jews bury their dead quickly).

In any event, given precedent and reputation, the SIS launched an investigation triggered by the hasty exit of the three survivors while the cops did a forensic accounting of their data banks given the access of the Israeli forensic team. The unauthorised USAR team was made to leave, Israeli cultural sensitivities regarding their dead compatriots notwithstanding. The govt says nothing untoward was found by both investigations, and we have to take its word for it unless further revelations come out that contradict the official story. If the Israelis are innocent of any wrong-doing as the survivors claim, then they are just another reminder of how innocents can get caught up in international disputes due to the actions of their governments. They are, in other words, victims of reputation and precedent, not prejudice.

It was unfortunate that PM Key’s original statement on the matter was defensive and obfuscatory, since as Minister of Security and Intelligence he signed off on the SIS investigation and would/should have known the results prior to the story breaking. Had he just fronted on the facts as outlined above rather than clumsily dissemble, the story would have died quickly. But his comments just fueled the speculative fires for several hours until a crafted press release was issued, but by that time the conspiracy theorists and Israel-haters were in full flight.

I think that on this matter, the SIS is to be commended for flagging the hasty exit and moving to investigate the activities of the 6 Israelis leading up to their being in Christchurch on Feb 22, as well as coordinating with he Police with regards to the SAR and forensic teams. That is simply good counter-intelligence tradescraft. But let it also be clear that if the Israelis were on any sort of intelligence mission they would not have left evidence of such on their personal laptops and cell phones. Moreover, since they were unfamiliar with Christchruch, they would have had a local handler to facilitate their mission  much as was the case with the Auckland passport fraudsters. So even if the official response has put the story to rest, there remains enough in the way of reputation and precedent to keep alive in some circles the idea that perhaps there was more to the Israeli’s NZ visit than has been revealed.

On a tangental note, I was bemused by how the media treated my remarks on the story. In every interview I did on the day the story broke (about a dozen), I began by qualifying my remarks with the caveat “IF the story is true, then…”. Several reporters asked me to speculate on what the Israelis would be doing IF they were indeed on an intelligence mission, which is where I brought up the identify theft angle as the most likely possibility. At no time did I assert that I had concluded that they were spies, given that I could only go on the published news reports on the matter. Yet when I reviewed the coverage of the story in the following days, I saw that I had been repeatedly quoted as saying that the israelis “were probably on an identity theft mission” without any qualifiers or caveats attached to the statement. That is simply dishonest or lazy reporting, and led to some commentators claiming that I had jumped the gun with my remarks (including one regular KP commentator who made some silly remark elsewhere that I have a tendency to talk first before thinking. That says more about him then me). So, for the record, let it be clear that all of my comments on the matter were prefaced with the qualifier rather than made as bald assertions of fact.

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Mentoring and Timing.

Timing is everything, so they say. The Taliban attack on the Intercontinental Hotel in Kabul was a masterpiece of symbolic defiance. Apparently modeled on the Mumbai attacks of 2008 (which suggests the possibility of links to the Lashkar-e-Taiba (LET) Islamicists that  carried out that attack and which are reported to have links with the Pakistani Intelligence Service ISI), the assault comes on the very week that overall security responsibility for Kabul was being transferred from International Security Assistance Force (ISAF)  to Afghan hands. It comes in wake of the announcement of the US withdrawal plan, which sees 33,000 US troops headed home between July 2011 and September 2012, and the bulk of the remaining 70,000 withdrawn by late 2014. It occurred during a conference held at the hotel between Afghanistan, Iran and Pakistan on the subject of “anti-terrorism,” considered against the backdrop of an overall ISAF reduction in presence along with the US military draw down.

The first areas to be handed over to Afghan control are Kabul and Bamiyan Province.  NZ troops are stationed in both places, with the SAS company located in Kabul while the majority of the other NZDF personnel serve with the PRT in Bamiyan. If the Taliban logic holds true, they will accelerate the pace of attacks on remaining ISAF forces in areas that are handed over to Afghan security control.  It is therefore plausible to think that NZDF troops will be the subject of targeted hostilities  in both theaters, with the timing and intensity of Taliban attacks increasing. As the symbolic centre of the foreign occupation, Kabul is a target rich environment for urban guerrillas. In Bamiyan the local ethnic Hazari population, long victims of Taliban discrimination, now must ponder a post-PRT future in which the Taliban will be a major player. That advises them to look to negotiate with the Taliban on post-PRT terms and to consequently distance themselves from the PRT. That will have an impact on tactical intelligence gathering as well local logistics, to say nothing of the security of the NZDF personnel stationed there. PRT force protection, rather than combat patrols, could well be the objective of the day once Afghan security forces assume control in Bamiyan.

In terms of the assault itself, the Intercontinental Hotel operation demonstrated sophistication and professionalism. The combined grenade, IED and small arms fire tactic involved a mix of attackers, apparently disguised as guests and Afghan police. It is speculated that some may have checked into the hotel days before the assault, while other reports have the 9-man assault squad launching the attack from the hill that the hotel backs on to. The five rings of road block blast barriers on the road leading to the hotel were ineffectual against the assault.  Afghan security forces at and around the hotel are said to have run rather than engage the attackers from the onset, which allowed them to move beyond the lobby and pool areas and into the floors above. While the bulk of the guerrillas fought floor to floor and room to room with the eventual responders, a few made the roof and used it to engage sniper fire on reinforcements (thereby demonstrating knowledge of standard counter-terrorism tactics using troops rappelling from helicopters onto rooftops). The fact that the battle lasted 5 hours indicates the planning and tenacity of the Taliban fighters, with the last one killing himself at 7AM (the attack began at 10PM).

That is where mentoring comes in. “Mentoring” in the context of the NZSAS relationship with the Afghan anti-terrorist force known as the Crisis Response Unit means training and combat support. The SAS trains the CRU and follows them into battle in incidents precisely like the hotel siege. That is what they train for, in a variety of scenarios. Should the CRU vacillate or prove ineffectual, then the SAS mentors assume leadership roles and coordinate the counter-attack. The involves them at the initial point of contact with the enemy–at the pointy end, if you will. The two wounded troopers were engaged in such roles, which along with the duration of the battle suggests that the initial CRU response was less than optimal.

If reports are true that SAS snipers platformed on a NATO Blackhawk hovering near the hotel killed the rooftop snipers (at night), it will have brought valuable and highly specialised combat experience to to the unit.  Re-taking the hotel will have given the rest of the SAS team (reported as “around a dozen”) equally important live fire exposure (and at least two scars). Should this scenario be true, from an SAS standpoint the engagement was a mixed bag, with the CRU not holding its own without help against a determined and prepared enemy, but where SAS troops combat tested a range of tactics and skills.

The bigger issue is what does this attack mean for ISAF and the NZDF. Let me suggest this: it means that whatever the technical skills and material improvements imparted by NZDF forces in reconstruction, nation-building and “mentoring” roles, the balance of forces vis a vis the Taliban indicates that their efforts have not prospered as hoped, and their security is increasingly compromised as a result.

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Has the NZDF gone Praetorian?

The hallmark of professional militaries is that they are non-partisan, subordinate themselves to elected civilian leadership in exchange for corporate autonomy and serve the nation as a commoweal organisation–that is, as an agent providing a universal public good (in this case national defense). The same is true for intelligence agencies, which are supposed to provide objective, factual and politically neutral analysis of threats, current trends and longer-term strategic developments. Conversely, praetorian militaries (named after the Roman praetorian guards that made and unmade emperors) are highly politicised, overtly partisan, permeated by sectarian or class interests and prone to manipulating threat assessments or broader strategic evaluations for corporate or political gain.

The reason I make these distinctions is because there appears to be a disturbing trend at play within the NZDF. Evident in the official misrepresentations and dissembling about the reasons for, and rules of engagement governing the SAS re-deployment to Afghanistan in 2009, the NZDF appears to be following the NZSIS approach to its charter. That is worrisome because the SIS has shown itself to be extremely politicised and prone to praetorian behaviour under the protection of national security legislation that prevents transparency in the reporting and investigation of its activities. The Zaoui case, the branding of Jane Kelsey as a security threat, the spying on peace and environmental activists engaged in  lawful dissent, the attempts to portray the Urewera 18 as something far more sinister than they are–all of this is symptomatic of the deep institutional malaise and anti-democratic propensities of the SIS. Hopes that the praetorian culture within the SIS would change with the appointment of Warren Tucker as director have been dashed as time goes by, and instead its powers of surveillance and scope of authority have been expanded under National-led reforms of the Terrorism Suppression Act and attendant security legislation.

That is why current developments within the NZDF are troubling. Unlike its intelligence counterpart, the NZDF has a reputation for professionalism and straight talk. That remains true for the bulk of the armed services, which for a small fighting force perform admirably within the budgetary and operational constraints incumbent upon them. But over the last decade or so the NZDF leadership–those of field and flag rank–have increasingly shown a propensity to dovetail their assessments with those of the government of the day. While consistency in approach between the military and civilian leadership is needed for security policy to be effective, this marrying of political interests has begun to look suspiciously like incipient “praetorianisation” of the NZDF. Rationales for foreign deployments, operational requirements, assessments of legal authority and liability, weapons procurement policy, justications for alliance commitments–in virtually every sphere of corporate interest the NZDF leadership appear to be taking their cue not from the objective requirements of the security environment in which NZ operates but from the political necessities of the government.

Although the Clark government manipulated the NZDF for its own purposes, this trend towards praetorianism has become amply evident with National in power, particularly in its reaffirming of security ties to the US (which is now confirmed by a “strategic partnership” codified in the Wellington Declaration of November 2010). This relationship certainly has benefits for the NZDF but it also has potential drawbacks in the measure that NZ is now tied to US (and Australian) strategic interests that are not necessarily those of NZ or which do not enjoy public support within it. There may be good reasons for this, but if so they have not been well enunciated and defended by the NZDF on autonomous grounds. Instead, without public consultation or debate, the government has agreed to the strategic partnership and the NZDF has followed the party line. The same is true for the Defence White Paper issued this past year, which rather than reflect a broad public consensus on the orientation and configuration of the NZDF given the security environment of the next decade, has arguably responded more to the internal logics of the defence establishment and the government (in other words, the public consultation process was ritualistic window-dressing on what amounted to the adoption of largely pre-determined decisions). None of this conforms to the military professional ideal in a democracy.

The politicisation of the NZDF leadership became acutely apparent in the response to Jon Stephenson’s article on the SAS in Afghanistan. The commander of the NZDF, General Rhys-Jones, parroted John Key’s slanderous denigration of the reporter and refused to consider the possibility that his predecessor, Sir Jerry Mateparae might have overlooked or whitewashed reports that the SAS were handing over prisoners to agencies involved in torture and violations of the Geneva Convention. There may be convincing reasons why this happened, but instead the NZDF closed ranks around Mateparae and Mr. Key, the former apparently out of corporate solidarity and the latter out of political obsequiousness. The trouble is that while the NZDF leadership and civilian policy-makers may find common defense in public stonewalling on matters of contentious security policy, it leaves troops in the field exposed to criminal accusations and undermines the professional ethics of the force as a whole.

That is not good. Although the NZDF is a long way off from being a coup-mongering praetorian military, the increased politicisation of its leadership is a troubling development. Obviously enough military leaders need to have good diplomatic skills and political sensitivities in order to ascend the ranks and interact with their civilian counterparts. There are certainly many–the majority–of NZDF officers who are full professionals. But for some in leadership roles to “spin” the military perspective to suit the political interests of the government of the day is a step too far, as it not only violates the responsibilities of the leadership to the troops that serve under them, but also the duty the military has to the nation as a whole as part of its commonweal orientation.

Perhaps the root of the problem of military politisation in NZ is more fundamental.  Because NZ does not have a constitution NZDF uniformed personnel do not swear an oath to a foundational charter. Instead, they swear a loyalty oath to the Government and the Crown (“Crown” presumably referring to the State but which could also be taken as reference to the Queen given NZ’s ongoing allegiance to the monarchy). Little wonder, then, that the corporate logic of the NZDF parallels that of the SIS, because at the end of the day and regardless of the rhetorical commitment to the nation as a whole, its sworn loyalty is less than universal. In other words, rather than a commonweal organisation at the service of the State and Nation, it is merely a tool of government, with all of the partisan implications that entails.

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A Film Worth Seeing.

Now that I am back in NZ and have replaced elevator riding with wood chopping, I am starting to think “local” again. To that end I am pleased to inform readers who may not be aware that the documentary on the October 15, 2007 “Operation 8” raids and their aftermath (“Operation 8: Deep in the Forest”) will be playing in and around in Auckland in June. The film is an important examination of the abuses that occur when the State is given unbridled authority to define and prosecute national security threats unchecked by public or parliamentary accountability. Whatever one thinks about the Urewera 18 themselves, the film raises important questions about legitimate dissent, the manipulation of threats and the machinations of NZ government agencies and politicians in the post 9-11 era.

Go see it!

Auckland, Rialto – Newmarket – Starts 2 June
Auckland, Bridgeway – Northcote – Dates TBC
Auckland, Academy Cinema – Starts 16 June
Devonport, Picture Palace – Starts 16 June

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NZ Govt Memo: When caught out, shoot the messenger.

Helen Clark understood well the axiom that in politics the best defense is a good offense. She was a master of the art of character assassination and discrediting the opponent. This was particularly true when the opponent was not a politician but someone from outside of the partisan divide who pointed out a dubious policy decision or raised ethical questions about the behavior of her government. I know this first-hand, because I was the subject of one of her attacks (with regard to the role of former ambassador Richard Wood, then director of the SIS, in the Ahmed Zaoui case). She also knew the value of having everyone in her government play off of the same sheet of music when it comes to cover-ups, hence the “lying in unison” refrain. Love her or hate her, Ms. Clark knew how to play dirty.

When National came to office it argued that it was going to end the sort of practices Ms. Clark was so adept at. But as it turns out, it has done exactly the opposite and instead deepened the dark “art” of shooting the bearer of bad news. The latest instance of this is its treatment of independent war correspondent Jon Stephenson. Mr. Stephenson is by all objective accounts a remarkably brave and serious journalist. He is also a thorn in the side of the NZDF. The reason is because he travels independently to conflict zones in which the NZDF is deployed, foregoes the embedded journalist niceties that accrue to the likes of TV talking heads, and asks hard questions about the actions of Kiwi soldiers as well as the polices and rules of engagement under which they operate. That line of inquiry does not conform to the scripted narrative that the NZDF would prefer that NZ audiences consume, so it makes the Defence brass uncomfortable.  As a result some of the NZDF and Defence leadership are antagonistic towards Mr. Stephenson. The irony is that such antagonism does not extend down to the rank and file troops, many of who candidly share their views with Mr. Stephenson under conditions of anonymity. In fact, they are often the source of his insights into how the NZDF operates in combat environments. For his part Mr. Stephenson has repeatedly voiced his high regard for the integrity and professionalism of Kiwi soldiers, those in the SAS in particular. The animus, in other words, is not mutual.

In April Mr. Stephenson published an article in Metro magazine titled “Eyes Wide Shut.” In it he writes that in its previous and current deployments in Afghanistan the SAS transferred and continues to transfer prisoners to US and Afghan forces that have been implicated in abuses of the Geneva Convention. He makes very clear that the SAS does not abuse prisoners, although–contrary to the National government’s initial assertions–the SAS takes a lead role in counter-terrorism and search and destroy missions, kills adversaries as a matter of course (some of whom it turns out were not hostile but either misidentified or the victims of faulty intelligence), and detains and transfers prisoners to Afghan and US custody as part of its standard operating procedures. The trouble for the government is that after Labour withdrew the SAS from Afghanistan in 2005 in part because of concerns about the treatment of prisoners initially detained by the elite force, National turned around and re-deployed them in 2009 without getting ironclad assurances from either the US or the Karzai regime that prisoners detained by the SAS would be treated in strict accordance with the Geneva Convention. The lack of such assurances are what have forced UK forces serving in Afghanistan to refuse to hand over prisoners to the Afghan government and played a part in the Danish decision to withdraw their special forces from ISAF, so the concerns are wide-spread and well known. Yet, rather than wrestle with the ethical dilemmas involved, it appears that the NZ government has repeatedly misrepresented what the SAS is actually doing in Afghanistan, and on at least one occasion has played loose with the truth when asked about that role, to include, specifically, whether the SAS leads combat missions and takes prisoners on its own.

Mr. Stephenson’s article raises all of these troublesome points. Its well researched account of incidents in 2002 and 2010 raises questions about what National agreed to in 2009 that Labour could not stomach in 2005. It specifically questions General Jerry Mateparae, former NZDF head, current GCSB director and Governor-General-designate over his statements to parliament in 2010 that the SAS does not detain prisoners and does not lead combat engagements. It is damning stuff that should be the subject of an independent inquiry.

The government response has been to take a page out of Helen Clark’s book on character assassination, and then attempt to write it more crudely. Prime Minister John Key, current head of the NZDF Lieutenant General Richard Rhys-Jones and Minister of Defense “Dr.” Wayne Mapp have all attacked Mr. Stephenson as being “non-credible” and of having an anti-NZDF bias. Military sycophants like Ron Smith of Waikato University (who is reported to have a personal connection to General Mateparae) have accused Mr. Stephenson of having a “hidden agenda,” with the insinuation that the agenda is pro-Taliban as well as anti-NZDF. Although General Rhys-Jones has disputed some facts in the Metro article, Mr. Mapp has been forced to admit under questioning in parliament that the SAS does in fact lead combat missions, does detain prisoners and does indeed hand them over to Afghan or US authorities without proper follow up monitoring (worse yet, Mr. Mapp initially claimed that the NZ government has an arrangement with the Red Cross for the latter to monitor prisoners captured by NZDF forces once they are handed over to the Afghan authorities, but the Red Cross denies any such agreement exists, among other things because it only signs agreements with the governments holding prisoners, not with those who may have initially captured them).  

The result of Mr. Stephenson’s reporting and its follow ups reveals that in effect, the National government re-committed the SAS either ignorant of what its operations would entail or fully cognizant of them, but then lied to the NZ public rather than admit the truth (or has the NZDF lie on its behalf). Either way it is not a good look.

Rather than own up to what was agreed to in 2009, the government is pursuing a campaign of character assassination against Mr. Stephenson. It cannot argue his facts so it is playing him instead. It is not surprising that a money-changer like Mr. Key would not have a strong ethical compass, or that a career politician like the good “Dr.” Mapp would weasel rather than front on the ethical dilemmas involved in the deployment. But it is unfortunate that the top military brass have joined in the campaign, regardless of whether or not they are simply trying to close ranks around General Mateparae. They of all people should know that the integrity of the force should come before politician’s political machinations.

If there are reasons of state behind the decision to commit the SAS back into Afghanistan under less than optimal ROEs (at least with regard to the treatment of prisoners), then they should be stated clearly and openly. It is quite possible that a majority of New Zealander’s would have no problem with the mistreatment of prisoners initially captured or detained by the SAS. However, if there are domestic political considerations behind the government’s apparently duplicitous approach to revealing the considerations involved and the terms under which the SAS was re-deployed, then the NZDF should not carry the water for it. Responsibility for the decision lies with the civilian command authority to which the uniformed crowd are ultimately subordinated, and if the NZDF has been asked to misrepresent the terms and conditions of the re-deployment, that is unethical as well as injurious to morale. Troops do not like to be pawns in some political game played by people with no experience in soldiering and no regard for their individual fate, which is why the NZDF leadership should come clean on what it has been asked to do and not do when it comes to its commitment of troops abroad.

In reporting on what the SAS does in Afghanistan, Jon Stephenson was just doing his job, in the time-honoured fashion of war correspondents. In that he is a rare bird in NZ, where flak-jacketed and helmeted media figures “report” in hostile theaters from “sanitised” positions miles away from the action that are surrounded by layers of armed security (i.e. these journalistic poseurs are kept away from real harm and instead are the guests of government-orchestrated field trips in the proximity of battle zones). It is because he adopts the independent, non-scripted line that Mr. Stephenson is being attacked, and in the measure that a democracy is only as good as the free flow of information allows it to be, the actions of this government against him are not only despicable, but a clear sign of the ingrained authoritarian (some would say bullying) ethos that permeates the NZ political elite.

The Greens have called for an independent inquiry and sensing a chance to wound National, Labour has joined them (since it can now use its 2005 decision to not continue the SAS deployment and objection to the 2009 re-deployment as ammunition against the government). Mr. Key has refused to agree to the demands, insisting that he is satisfied with NZDF explanations about the incidents Mr. Stephenson has reported on. What he really means is that he is applying the first rule of bureaucracy when it comes to handling prickly issues: CYA (Cover Yer A**e).

As a political community we should not allow the government to get away with such a cynical response, nor allow its slander of Jon Stephenson to go unchallenged. After all, basic principles of democratic accountability and NZ’s international reputation as a defender of human rights are at stake, as is Mr. Stephenson’s career.

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bin-Laden bites the dust.

Osama bin-Laden has met his maker, facilitated on his journey by a US Delta Force operation (which would have involved a SEAL fire team–SEAL Team Six, specifically– Air Force special operations platforms for insertion and extraction and US Army special forces and CIA paramilitaries doing the human, signals and technical intelligence to pinpoint his location and guide the fire team to the target, and which appears to have involved the fair use of deception in order to divert Pakistani attention elsewhere). Militarily, it is a tremendous achievement and underscores that the US military has become the most experienced and dangerous military force on earth (after all, it has been continuously at war for most of the last three decades, in both high and low intensity operations, and has developed a full spectrum skill set that no other military can match). It tells the jihadist movement that, as in the case of the old Nazi-hunter’s approach to fugitive war criminals, they can run but they cannot hide. It tells would-be adversaries such as the Chinese and Russians that they have a long way to go before they can militarily challenge with any hope of prevailing. As for the likes of the leaders of Iran and Venezuela, it tells them that reckless provocations can have unpleasant consequences even if they hide amongst wimin and children. In a word, the US is unsurpassed in projecting force, which means it is dominant in any battle field, even if it takes some time for it to adjust to the tactical exigencies of the moment (this, however, does not mean that it can politically prevail in every instance, which ultimately is the determinant of overall victory in war. Political issues, rather than military balances, are what make the Afghan conflict and Pakistan’s instability so intractable).

The significance of killing of bin-Laden is more symbolic and ideological rather than practical. After all, al-Qaeda has been fragmented and forced to devolve into decentralised small unit and self-radicalised “lone wolf” operations that cannot alter the strategic equation that runs against them. It can lash out and cause damage in restricted tactical operations, but it is no longer able to mount big symbolic attacks such as the 9-11 and 1990s US embassy bombings in Kenya and Tanzania (reports of a hidden al-Qaeda nuke in Europe notwithstanding). Strategically, AQ is not a game-changer.

The killing of bin-Laden is the second ideological blow to al-Qaeda that has terminally weakened it as a global political force. The first blow was the Arab Spring, currently ongoing, in which al-Qaeda is a non factor. Instead of rebelling in support of Sharia rule, fundamentalist interpretations of the Koran and the extension of the Caliphate, the Arab street has risen up against tyranny in favour of democracy, free speech, popular vote, government accountability and better equality of opportunity. These are “Western” values that al-Qaeda explicitly rejected, so the ideological repudiation of its vision of the preferred Muslim society is near complete. With the death of its symbolic leader, the futility of its fight is made apparent.

This does not mean that AQ is not dangerous. Ayman Al-Zawahiri, al-Qaeda’s operations director and the person with the fixation on airplanes and transportation hubs, is still alive. Small-scale operations, to include inevitable revenge attacks, will continue for some time to come, if not forever. But as a fighting as well as ideological force, al-Qaeda is spent.

However, another can of worms has been opened by bin-Laden’s killing. His location in a modern constructed (2005) fortified compound with 3-5 meter walls topped by barbed wire located 40 miles outside of Islamabad suggests complicity by at least some elements of the Pakistani state in sheltering him. Although President Obama has said that he consulted with Pakistani authorities and that they “collaborated” in the operation, the truth is more likely that such statements are designed to save Pakistani face and that if anything, the Pakistani authorities were alerted only once the operation was over. The civilian government is weak, fractured and does not control either the military or the intelligence services (ISI). one would think that at least some elements of Pakistan’s security forces would have to have been alerted to the construction of the compound and the unusual nature of its occupants. The Pakistani state is fractured and acts as a sieve when it comes to information leaks, unless the subject matter is too important for some state actors to divulge because their own core interests are involved. Thus it is improbable that the entire Pakistani security complex had no idea of bin-Laden’s whereabouts.

The Pakistani authorities are now confronted by a dilemma. They have repeatedly complained about drone strikes as violations of territorial sovereignty, and most recently ordered the expulsion of dozens of CIA agents. Yet the raid on bin-Laden, so deeply into Pakistani territory–over 120 miles from the Afghan border (or more than 250 miles if the assault came from the Arabian Sea) and so close to the Pakistani capital–is a direct and measured assault on the sovereignty of the Pakistani state. It tells the Pakistani authorities that they do not have a monopoly on security within their borders, and that they are not trusted to share intelligence on critical subjects within those borders. This will leave them embarrassed and seeking a way to placate what will be inevitable domestic protests against the raid and supposed Pakistani collusion with it.

Under such conditions it is not implausible to speculate that some elements of the Pakistani security apparatus will attempt to stage a honor-restoring diversion so as to appease public unrest and re-establish some measure of self-pride. This could be focused on India or Afghanistan as easy targets for unconventional or proxy warfare. It could involve diplomatic retaliation such as a turn towards China. But is seems inevitable that the Pakistani State will be rendered by this event, and that the consequences of that destablisation may be anything but positive.

Hence, jingoistic flag-waving in the US notwithstanding (and some will say that the flag-waving is amply justified), the death of Osama bin Laden may bring some degree of closure but it is not the end of an era. It could well spark an uprising of extremist Muslim resistance that is reinvigorated by its  symbolic leader’s death. It will force a change in US-Pakistan relations and in the way Pakistan behaves as a geopolitical actor.  Whatever the consequences, this is just the end of one chapter and the beginning of another in a story yet to be concluded.