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We’re a legacy industry in a world of start-up competitors

Wednesday, August 26th, 2015

[ by Charles Cameron — Ambassador Husain Haqqani and Daveed Gartenstein-Ross at Chautauqua ]

chautauqua haqqani daveed


From the outset, when cheers went up for Daveed’s birthplace, Ashland, Oregon, and Ambassador Haqqani’s, Karachi — and for the brilliant meeting of the minds that is Chautauqua — it was clear that we were in the presence of two gracious, witty and informed intelligences, and the seriousness of the conversation between them that followed did nothing to reduce our pleasure in the event. Daveed called it “easily the best experience I have ever had as a speaker.”

I’ll highlight some quotes from each speaker, with the occasional comment:

Amb. Haqqani:

None of the countries except Egypt, Turkey and Iran, none of the countries of the Middle East are in borders that are historic, or that have evolved through a historic process. And that’s why you see the borders a straight lines. Straight lines are always drawn by cartographers or politicians, the real maps in history are always convoluted because of some historic factor or the other, or some river or some mountains.

You’ll see how neatly this fits with my recent post on borders, No man’s land, one man’s real estate, everyone’s dream?

And now that whole structure, the contrived structure, is coming apart.

Then most important part of it is, that this crisis of identity – who are we? are we Muslims trying to recreate the past under the principles of the caliphate .. or are we Arabs, trying to unify everybody based on one language, or are we these states that are contrived, or are we our ethnic group, or are we our tribe, or are we our sect? And this is not only in the region, it’s also overlapping into the Muslim communities in the diaspora..


If Amb. Haqqani emphasized the multiple identities in play in the Arabic, Islamic, Sunni, Shia, Sufi, and tribal worlds in his opening, Daveed’s emphasis was on the failure of the post-Westphalian concept of the nation state.

Daveed G-R:

In the economic sphere there’s this thing that is often called “legacy industries” – industries that fit for another time, but are kind of out of place today. Think of Blockbuster Video, once a massive, massive corporation.. that’s a legacy industry. So when Ambassador Haqqani talks about how it’s not just in the Middle East that we have this crisis of identity, I think the broader trend is that the Westphalian state that he spoke about, the kind of state that was encoded after the Peace of Westphalia, looks to a lot of people who are in this generation of the internet where ideas flow freely, it looks like a legacy industry.

Why do you need this as a form of political organizing? And what ISIS has shown is that a violent non-state actor, even a jihadist group that is genocidal and implements as brutal a form of Islamic law as you could possibly see, it can hold territory the size of Great Britain, and it can withstand the advance of a coalition that includes the world’s most powerful countries including the United States. And what that suggests is that alternative forms of political organization can now compete with the nation state.


The Ambassador then turned to the lessons we should take from 1919’s US King–Crane Commission, reporting on the break-up of the Ottoman Empire — they concluded that it gave us

a great opportunity — not likely to return — to build .. a Near East State on the modern basis of full religious liberty, deliberately including various religious faiths, and especially guarding the rights of minorities

— down to our own times.

Amb. Haqqani:

What we can be sure of is that the current situation is something that will not be dealt with without understanding the texture of these societies. So for example, when the United States went into Iraq without full understanding of its sectarian and tribal composition, and assumed that, all we are doing is deposing a dictator, Saddam Hussein, and then we will hold elections and now a nice new guy will get elected, and things will be all right -– that that is certainly not the recipe. So what we can say with certainty in 2015 is .. over the last century what we have learnt is: outsiders, based on their interests, determining borders is not a good idea, and should certainly not be repeated. Assuming that others are anxious to embrace your culture in totality is also an unrealistic idea.

The sentence that follows was a stunner from the Ambassador, gently delivered — a single sentence that could just as easily have been the title for this post as the remark by Daveed with which I have in fact titled it:

Let me just say that, look, he ideological battle, in the Muslim world, will have to be fought by the likes of me.

Spot on — and we are fortunate the Ambassador and his like are among us.


Daveed then turned to another topic I have freqently emphasized myself.

Daveed G-R:

The power of ideas – we as Americans tend not to recognize this when it falls outside of ideas that are familiar to us. So one thing that the US has been slow to acknowledge is the role of the ideology that our friend and ally Saudi Arabia has been promulgating globally, in fomenting jihadist organizations.

And one of the reasons we have been slow to recognize that. I mean one reason is obvious, which is oil. .. But another reason has been – we tend to think of ideas that are rooted in religion – as a very post-Christian country – we tend to think of them as not being real – as ideas which express an ideology which is alien to us –as basically being a pretext, with some underlying motivation which is more familiar to us. That it must be economics, or it must be political anger. I’m not saying those are irrelevant, they’re not – but when Al-Qaida or ISIS explains themselves, taking their explanation seriously and understanding where they’re coming from – not as representatives of Islam as a whole, but as representatives of the particular ideology that they claim to stand for – we need to take that seriously. Because they certainly do.


Amb. Haqqani:

The world is not a problem for Americans to solve, it’s a situation for them to understand.

This makes a nice DoubleQuote with Gabriel Marcel‘s more general aphorism:

Life is not a problem to be solved but a mystery to be lived.


Toward the end of the discussion, Daveed touched on some ideas of recurrent interest to Zenpundit readers..

Daveed G-R:

Looking at the US Government, questions that I ask a lot are: Why are we so bad at strategy? Why are we so bad at analysis? Why do we take such a short term view and negate the long term?

He then freturned to the issue of legacy industries and nation-states:

Blockbuster is a legacy industry. And the reason why legacy industries have so much trouble competing against start-up firms, is because start-ups are smaller, it’s more easy for them to change course, to implement innovative policies, to make resolute decisions – they can out-manoeuver larger companies. And so larger companies that do well adapt themselves to this new environment where they have start-up competitors. Nation-state governments are legacy industries. Violent non-state actors are start-up compoetitors.

— and had the final, pointed word:

We’re a legacy industry ina world of start-up competitors.


Having offered you these tastes, at this point I can only encourage you to watch the whole hour and a quarter, filled to the brim with incisive and articulately-stated insights:

Manea Interviews Galeotti on Hybrid War at SWJ

Sunday, August 23rd, 2015

[by Mark Safranski, a.k.a “zen“]

Dr. Mark Galeotti

Octavian Manea has another excellent installment of his interviews with warriors and scholars of war over at Small Wars Journal. In this case, Russian security and transnational crime expert, Professor Mark Galeotti of NYU and In Moscow’s Shadows blog.

Hybrid War as a War on Governance

 As Clausewitz emphasized, we first need to understand exactly the nature of the war/threat that we are confronted with. What are the core features of this Russian approach on hybrid warfare?

I like to use the term non-linear warfare, in part because it means nearly nothing, and doesn’t come with the intellectual baggage of a term like hybrid warfare which, after all, it is a term that was designed to discuss how insurgents fight modern armies. We don’t have yet a proper vocabulary. The key thing is to realize the extent to which we all need to return to the essential – almost Clausewitzian – notion of war. In this context, war is a political instrument. War is one means of making the other side do what you want it to do, such as simply to remain part of your sphere of influence. What this approach is really about, in a way, is about placing kinetic military operations back in the toolbox. For a long time we thought them as entirely separate: diplomacy and politics on the one hand and warfare in the other. In some ways, warfare happens when the other things fail. What this doctrine is saying is no, let’s just appreciate that in fact we are talking about a whole spectrum of capabilities that can range from soft power suasion, to economic pressure, to increasingly tough diplomatic lines to a whole gradation of military operations that can range from sending 10 people into blocking a bridge, to sending a hundred people to help foment a local insurrection, to sending 10.000 people in a full-scale war. These instruments can and should be used together rather than as entirely separate pieces. In a way, the point of non-linear war is to bring war back in to the spectrum of modern statecraft, to appreciate that it is an acceptable instrument in Russian eyes and to make sure that policy-makers and policy executors realize the importance of the political impact. It is not about metrics of casualties inflicted, how many bombing raids you manage to launch, all the things that we often see replacing actual military success as an indicator. It comes back to the political effect and the use of the military as a political instrument.

Is NATO’s Eastern Flank vulnerable to non-linear warfare?

Here is the key thing: if we look at what is going on, none of the current uses of the Russian military power should be considered the standard blueprint. If they do anything direct in the Baltic States – and I don’t actually think that they will – it will not be Crimea 2.0 or Donbass 2.0, but something that will be tailored to the situation there, to their perception of the threats and to what they actually want to achieve.

Let’s look at the three current uses of the military force. In Crimea the role of the military was to create a fait accompli. The forces were there to act as symbols of Russian statehood. In Donbass, we have forces being deployed with these manufactured local insurrections to create chaos, not because for one moment the Russians are eager for the post-industrial decaying Donbass, but precisely as a way of putting pressure on Kiev. If we look at the Baltic States, the long-range bombers that Russia is flying there are not intended to actually launch a military attack, but to create a constant political as well logistical stress on NATO. Three very different uses of military forces. The military provides a series of capacities within a highly integrated military, political, economic, social media, intelligence campaign to achieve your ends.

Why this evolution towards comprehensiveness?

It reflects a variety of processes, but the most fundamental one is the extent to which traditional war, especially between the most advanced powers, is almost incomprehensible in terms of actual direct costs, in terms of economic and political costs. There is a low-intensity war between Russia and Ukraine, but at the same time I can take a plane in Moscow and I can fly to Kiev. There is trade crossing the border, both legal and very heavily illegal. We live in a world where the old notion of war, war as a binary process, where you are at war or you are at peace, means increasingly less. So on one hand, traditional warfare is much less a usable tool. On the other hand, there is the fact that all societies now are much more casualty-averse. Even today’s Russia is not Stalin’s Soviet Union, can’t treat people as ammunition. Old traditional warfare is hardly conceivable unless it is essentially civil war where rational calculations tend to go out of the window. This is less of a new way of war so much as a way of fighting a war in a new world. It is the world that it has changed rather than the tactics and the ideas.

It is in this changed context that everyone is talking about the need to interconnect government agencies and apply a whole-of-government approach. The very reason why they are doing that is that the world has become so heavily interconnected. Of course, at the same time one of the pathologies of complex bureaucracies is departmentalization. In this respect, the Russians have an advantage. Not because they don’t have huge monolithic and often deeply competitive bureaucracies – which they do – but precisely because, at the top at least, Russia remains a pretty authoritarian regime. You have a chief executive who can force coordination in a way that is much harder in a democratic society.

Galeotti has a nice observation about the political and military fungibility of organized crime networks in a globalized environment that I would like to highlight:

….Looking at the underworld shows what happens in voids of governance. Organized crime flourishes where governance fails and because no governmental system is perfect there always will be organized crime. But the scale, the size and the depth of criminal operations depend on the scale of the governance failure. Modern war is increasingly determined precisely by how one seeks to impact the other side’s governability (we see this trend particularly in Ukraine) and also how one can exploit the weaknesses of the other side’s governability. This is not new. One could look at WW2, at the campaign in Italy and the deals struck with the Mafia to provide intelligence and assistance in seizing Sicily. What is new is that what was seen as a disagreeable ad-hoc tactic is becoming the way the Russians are approaching full-spectrum warfare. It is just seen as another perfectly viable, legitimate opportunity. If we look at Crimea. when the “little green men” were deployed there, they were complemented by much less professional, much less uniformly uniformed, thuggish local “self-defense groups.” It has become clear that they were the gunmen of the local organized crime groups, pressed into service as auxiliaries. And when you look at the regime installed in Crimea from the premier down, it is very heavily penetrated by people from within the criminal world. The same pattern happened also in Donbass, where organized crime figures have become local warlords. My belief is also that some of the terrorist actions in the rest of Ukraine were carried out not directly by sympathizers of the rebellion or Russian government agents, but actually by organized crime figures paid by the Russians. Russia is ahead of the curve in global organized crime, where you have a political-criminal-business elite, that is not formed by Tony Soprano-like figures, but from businessmen who have a portfolio of interests that ranges from the essentially legitimate through to the grey and then wholly illegal activities. The boundaries between organized crime, intelligence operations, state-operations have become increasingly unclear.

Read the rest here.

Organized crime has as a strategic objective monopoly control over black market activities (or at least an ability to “tax” other criminals who engage in them) through coercion and force. At times, in an effort to protect these illegal monopolies from rivals or the state, organized crime networks will evolve their capabilities into terrorists, insurgents, political actors and hybrids of any of these. The reverse is also true; insurgencies like the Taliban or FARC can become increasingly “criminalized” as their political context changes or the need to raise revenues increases.

The artificial divisions between crime and war and politics is generally a taxonomic preference of the modern West and its Westphalian state myths. East Asia by contrast, have long had examples of “hybrid” criminal groups – the Green Gang, the Triads, the Dark Ocean Society, the Yakuza, the Binh Xuyen  and so on. It was more or less normal for established criminal groups to be involved in politics or military affairs, at least on the local level. Those that could not manage this were simply bandits.


Saturday, May 9th, 2015

[by Mark Safranski, a.k.a. “zen“]

This important and terrifying book should be read by everyone who cares about the future of human civilization.” Anatol Lieven

Warlords, inc. ; Black Markets, Broken States and the Rise of the Warlord Entrepreneur, Edited by Noah Raford and Andrew Trabulsi

Warlords, inc. a book to which I have contributed a chapter, is being launched today at The Long Now Foundation in San Francisco. Published by Penguin-Random House, Warlords, inc. was the brainchild of Dr. Noah Raford, who recruited an impressive group of experts, journalists, scholars and futurists to analyze and anticipate emergent security trends and irregular warfare among non-state actors, including terrorists, hackers, insurgents, sectarians and corporations.  With a foreword by Dr. Robert J. Bunker, the list of authors include:

William Barnes
Daniel Biro
James Bosworth
Nils Gilman
Jesse Goldhammer
Daniel S. Gressang
Vinay Gupta
Paul Hilder
Graham Leicester
Sam Logan
Noah Raford
Tuesday Reitano
Mark Safranski
John P. Sullivan
Peter Taylor
Hardin Tibbs
Andrew Trabulsi
Shlok Vaidya
Steven Weber

As editor, Andrew Trabulsi did a heroic job herding cats in editing this substantial volume and keeping all of the authors and project on track and on time. Warlords, inc. is available May 12 on Amazon and will be at Barnes & Noble and Target as well. Excited and proud to be part of this endeavor!

ISIS and the Crisis in American Statecraft

Tuesday, December 30th, 2014

[by Mark Safranski, a.k.a. “zen“]

A Facebook friend with an astute comment pointed me toward this Wall Street Journal article by Joe Rago on the mission of General John Allen, USMC  as “Special Presidential Envoy for the Global Coalition to Counter ISIL”. What is a “Special Presidential Envoy” ?

In diplomatic parlance, a special envoy is an official with full powers (a “plenipotentiary”) to conduct negotiations and conclude agreements, but without the protocol rank of ambassador and the ceremonial duties and customary courtesies. A special envoy could get right down to business without wasting time and were often technical experts or seasoned diplomatic “old hands” whom the foreign interlocuter could trust, or at least respect. These were once common appointments but today less so. A “Special Presidential Envoy” is typically something grander – in theory, a trusted fixer or VIP to act as superambassador , a deal-maker or reader of riot acts on behalf of the POTUS. Think FDR sending Harry Hopkins to Stalin or Nixon sending Kissinger secretly to Mao; more recent and less dramatic examples would be General Anthony Zinni, USMC and former Senate Majority Leader George Mitchell.  

In practice, a presidential special envoy could also be much less, the foreign policy equivalent of a national commission in domestic politics; a place to park thorny, no-win, political headaches the POTUS wants to ignore by creating the illusion of action and get them off the front pages. The position is really whatever the President wishes to make of it and how much power and autonomy he cares to delegate and what, if anything, he wishes the Special Envoy to achieve. Finally, these appointments are also a sign the President does not have much confidence or trust in the bureaucracy of the State Department or DoD, or their respective Secretaries, to carry out the administration’s policy. I wager that this is one of the reasons for General Allen’s appointment.

This means that General Allen is more or less stuck with whatever brief he was given, to color within the lines and make the best uses of any carrots or sticks he was allotted ( in this micromanaging administration, probably very little of either). Why was he chosen? Most likely because the United States sending a warfighting Marine general like Allen ( or a high CIA official) will always concentrate the minds of foreigners, particularly in a region where the US has launched three major wars in a quarter century. If not Allen, it would have been someone similar with similar results because the policy and civilian officials to whom they would report would remain the same.

So if things with ISIS and Iraq/Syria  are going poorly – and my take from the article is that they are – the onus is on a pay grade much higher than General Allen’s.

I will comment on a few sections of the interview, but I suggest reading the article in full:

Inside the War Against Islamic State 

Those calamities were interrupted, and now the first beginnings of a comeback may be emerging against the disorder. Among the architects of the progress so far is John Allen, a four-star Marine Corps general who came out of retirement to lead the global campaign against what he calls “one of the darkest forces that any country has ever had to deal with.”

ISIS are definitely an bunch of evil bastards, and letting them take root unmolested is probably a bad idea. That said, they are not ten feet tall. Does anyone imagine ISIS can beat in a stand-up fight, say, the Iranian Army or the Egyptian Army, much less the IDF or (if we dropped the goofy ROE and micromanaging of company and battalion commanders) the USMC? I don’t. And if we really want Allen as an “architect” , make Allen Combatant Commander of CENTCOM.

Gen. Allen is President Obama ’s “special envoy” to the more than 60 nations and groups that have joined a coalition to defeat Islamic State, and there is now reason for optimism, even if not “wild-eyed optimism,” he said in an interview this month in his austere offices somewhere in the corridors of the State Department

Well, in DC where proximity to power is power, sticking General Allen in some broom closet at State instead of, say, in the White House, in the EOB or at least an office near the Secretary of State is how State Department mandarins and the White House staff signal to foreign partners that the Presidential Special Envoy should not be taken too seriously. It’s an intentional slight to General Allen. Not a good sign.

At the Brussels conference, the 60 international partners dedicated themselves to the defeat of Islamic State—also known as ISIS or ISIL, though Gen. Allen prefers the loose Arabic vernacular, Daesh. They formalized a strategy around five common purposes—the military campaign, disrupting the flow of foreign fighters, counterfinance, humanitarian relief and ideological delegitimization.

The fact that there are sixty (!) “partners” (whatever the hell that means) and ISIS is still running slave markets and beheading children denotes an incredible lack of seriousness here when you consider we beat Nazi Germany, Imperial Japan and Fascist Italy into utter submission in the largest war in the history of the world with barely a third that number.  The best that can be said here is that Allen, in trying to be a herder of cats, got them to graciously agree on letting the US set a reasonable list of open-ended operations and policy priorities.

Gen. Allen cautions that there is hard fighting ahead and victory is difficult to define….

I think my head is going to explode. I’m sure General Allen’s head is too because this means that President Obama and his chief advisers are refusing to define victory by setting a coherent policy and consequently, few of our sixty partners are anxious to do much fighting against ISIS. When you don’t know what victory is and won’t fight, then victory is not hard to define, its impossible to achieve.

At least we are not sending large numbers of troops to fight without defining victory. That would be worse.

Gen. Allen’s assignment is diplomatic; “I just happen to be a general,” he says. He acts as strategist, broker, mediator, fixer and deal-maker across the large and often fractious coalition, managing relationships and organizing the multi-front campaign. “As you can imagine,” he says, “it’s like three-dimensional chess sometimes.”

Or its a sign that our civilian leaders and the bureaucracies they manage are dysfunctional, cynical and incompetent at foreign policy and strategy. But perhaps General Allen will pull off a miracle without armies, authorities or resources.

Unlike its antecedent al Qaeda in Iraq, Islamic State is something new, “a truly unparalleled threat to the region that we have not seen before.” Al Qaeda in Iraq “did not have the organizational depth, they didn’t have the cohesion that Daesh has exhibited in so many places.” The group has seized territory, dominated population centers and become self-financing—“they’re even talking about generating their own currency.”

But the major difference is that “we’re not just fighting a force, you know, we’re fighting an idea,” Gen. Allen says. Islamic State has created an “image that it is not just an extremist organization, not just a violent terrorist organization, but an image that it is an Islamic proto-state, in essence, the Islamic caliphate.” It is an “image of invincibility and image of an advocate on behalf of the faith of Islam.”

This ideology has proved to be a powerful recruiting engine, especially internationally. About 18,000 foreign nationals have traveled to fight in Iraq or the Syria war, some of them Uighurs or Chechens but many from Western countries like the U.K., Belgium, Australia and the U.S. About 10,000 have joined Islamic State, Gen. Allen says.

“Often these guys have got no military qualifications whatsoever,” he continues. “They just came to the battlefield to be part of something that they found attractive or interesting. So they’re most often the suicide bombers. They are the ones who have undertaken the most horrendous depredations against the local populations. They don’t come out of the Arab world. . . . They don’t have an association with a local population. So doing what people have done to those populations is easier for a foreign fighter.”

Except for the “never seen before” part – we have in fact seen this phenomena in the Islamic world many times before, starting with the Khawarijites, of whom ISIS are just the most recent iteration – this is all largely true.

ISIS, for all its foul brigandage, religious mummery and crypto-Mahdist nonsense is a competent adversary that understands how to connect  in strategy its military operations on the ground with symbolic actions at the moral level of war. Fighting at the moral level of war does not always imply (though it often does) that your side is morally good. Sadly, terror and atrocities under some circumstances can be morally compelling to onlookers and not merely repellent. In a twisted way, there’s a “burning the boats” effect in openly and gleefully committing horrific crimes that will unify and reinforce your own side while daunting your enemies and impressing onlookers with your strength and ruthlessness. Men flocked to Spain to fight for Fascism and Communism. A remarkable 60% of the Nazi Waffen-SS were foreigners, most of whom were volunteers. Ample numbers of Western left-wing intellectuals were abject apologists not only for Stalin and Mao but the Khmer Rouge during the height of its genocide. ISIS atrocities and horror are likewise political crack for certain kinds of minds.

The problem is that none of this should be a surprise to American leaders, if they took their responsibilities seriously.

William Lind and Martin van Creveld were writing about state decline and fourth generation warfare twenty five years ago. We have debated 4Gw, hybrid war, complex war, LIC, terrorism, insurgency, failed states, criminal insurgency and terms more obscure in earnest for over a decade and have wrestled with irregular warfare since John F. Kennedy was president. Yet the USG is no closer to effective policy solutions for irregular threats in 2014 than we were in 1964.

A more hopeful sign is that the new Iraqi government is more stable and multiconfessional after the autocratic sectarian rule of Prime Minister Nouri al-Maliki. His replacement, Haider al-Abadi, has been “very clear that the future of Iraq is for all Iraqis,” Sunni, Shiite and Kurd. He has restored relations with Middle Eastern neighbors and believes in the “devolution of power” across Iraq’s regions, Gen. Allen says. “Maliki believed in the centralization of power.”

So did we. Maliki and Hamid Karzai were originally our creatures. There was at least a bad tradition of centralization in Iraq, but we imposed it in Afghanistan ex nihilo because it suited our bureaucratic convenience and, to be frank, the big government technocratic political beliefs of the kinds of people who become foreign service officers, national security wonks, military officers and NGO workers. Unfortunately, centralization didn’t much suit the Afghans.

Critics of the Obama administration’s Islamic State response argue that the campaign has been too slow and improvisational. In particular, they argue that there is one Iraqi-Syrian theater and thus that Islamic State cannot be contained or defeated in Iraq alone. Without a coherent answer to the Bashar Assad regime, the contagion from this terror haven will continue to spill over.

Gen. Allen argues that the rebels cannot remove Assad from power, and coalition members are “broadly in agreement that Syria cannot be solved by military means. . . . The only rational way to do this is a political outcome, the process of which should be developed through a political-diplomatic track. And at the end of that process, as far as the U.S. is concerned, there is no Bashar al-Assad, he is gone.”

Except without brute force or a willingness to make any significant concessions to the states that back the Assad regime this will never happen. What possible incentive would Assad have to cooperate in his own political (followed by physical) demise?  Our Washington insiders believe that you can refuse to both bargain or fight but still get your way because most of them are originally lawyers and MBAs who are used to prevailing at home by manipulation, deception, secret back room deals and rigged procedures. That works less well in the wider world which rests, under a thin veneer of international law, on the dynamic of Hobbesian political violence.

As ISIS has demonstrated, I might add.

The war against Islamic State will go on long after he returns to private life, Gen. Allen predicts. “We can attack Daesh kinetically, we can constrain it financially, we can solve the human suffering associated with the refugees, but as long as the idea of Daesh remains intact, they have yet to be defeated,” he says. The “conflict-termination aspect of the strategy,” as he puts it, is to “delegitimize Daesh, expose it for what it really is.”

This specific campaign, against this specific enemy, he continues, belongs to a larger intellectual, religious and political movement, what he describes as “the rescue of Islam.” He explains that “I understand the challenges that the Arabs face now in trying to deal with Daesh as an entity, as a clear threat to their states and to their people, but also the threat that Daesh is to their faith.”

While Iraqi and Iranian Shia have ample existentiall motive to fight ISIS. Sunni Muslims find ISIS brutality pretty tolerable, so long as it is far away from them personally and furthermore ISIS religious-theological lunacy is not terribly far removed from the extreme Salafi-Wahhabi version preached and globally proselytized by our good friends, the House of Saud – or exported violently by our other good friends, the Pakistani Army.  Or at least Sunni Muslims are not bothered enough yet by ISIS to pick up arms and fight.

General Allen is doing his best at a herculean task, but American statecraft is broken and seduced by a political culture vested in magical thinking.

Pavers of Roads with Good Intentions: R2P Debate Rising Part II.

Tuesday, February 18th, 2014

As I mentioned previously, I needed to make a more substantive reply to Victor Allen’s claims for R2P.  I am very tardy in doing so, for which I apologize to Mr. Allen but better late than not at all. While addressing some of Victor’s specific points, I want to be very clear that in my view:

1. R2P’s status in international law, despite grandiose claims by advocates, is weakly grounded, highly controversial and conflicts with accepted norms of state sovereignty

2.  The concept of R2P is a covert revival of the pre-WWI sovereign right to  wage aggressive war, albeit (usually) under some kind of collective imprimatur

3,  If regarded as a serious legal moral principle entailing an obligation to act, R2P is inherently anti-strategic, injurious to national interest and anti-democratic in nature

I will tackle point #1 today and points # 2 and #3 in successive posts.

In Victor’s original piece he argued that R2P is part and parcel of a (theoretical) “new sovereignty”:

That R2P does not violate sovereignty stems from the evolution of sovereignty from its Westphalian form in the mid 17th century to the “sovereignty as responsibility” concept advanced by Deng, et al. Modern sovereignty can no longer be held to give states carte blanche in their internal affairs regardless of the level of suffering going on within their borders. This does not diminish state agency for internal affairs, but rather holds them responsible and accountable for their action and inaction regarding the welfare of their populations. 

“Sovereignty as responsibility”  is a theory put forth by a Sudanese diplomat and minor UN bureaucrat and an American academic that proclaimed:

The authors assert that sovereignty can no longer be seen as a protection against interference, but as a charge of responsibility where the state is accountable to both domestic and external constituencies.

The “…and external constituencies” clause is an Orwellian negation of the traditional meaning of sovereignty where the state has sole de jure authority over such matters as their internal affairs, including the political character of their regime,  with very narrow exceptions mandated by treaty or customary international law ( ex. diplomatic immunity of heads of state).  The latter, is based on consent and derives from the history of the diplomatic norms adhered to, interpreted and practiced by sovereigns and such rulings of IGO to whose authority sovereigns have voluntarily submitted themselves through a binding covenant ( ex. World Court via the UN charter).

Of course, being sovereign, states differ on how such rulings are to be interpreted or even whether they will accept jurisdiction of bodies  like the World Court, the ICC or special international  tribunals of justice in specific cases. Furthermore, in signing covenants, states often, quite legally, make reservations or exceptions to specific treaty clauses as part of their agreement to adhere to the rest of the treaty and consider it legally binding.  The United States in fact, does this regularly as do most other states having major interests at stake in negotiating an international agreement. Unless you have a granular knowledge of what country “x” formally agreed to accept as a signatory, or are willing to do your homework in this regard, you do not actually know what the law really is in many diplomatic disputes – especially when the conflict is complex and multilateral.  Broad and bombastic assertions by activists in the media that novel restrictions or obligations on states that they support are “international law” or that some act they condemn is “illegal” are almost invariably factually incorrect, at least to some degree ( barring obvious and clear violations of jus cogens, such as mass atrocities).

Beyond international law based on formal covenants, custom and legal precedents generally accepted by sovereigns, other sources of authority in international law would include resolutions of the UN Security Council, the UN General Assembly, regional bodies like the OAS or EU, some institutions like the ICRC and even the opinions of scholars learned in international law. Unlike positive law within a state, international law in its various manifestations lacks a legitimate, overarching, coercive authority that could function as a global sovereign and impartial enforcer of consistently interpreted law and justice. Sovereign states are thus not subject to international law in the same relationship that their citizens are subject to sovereign authority; sovereign states are, at least legally, a community of equals able to draw upon and interpret overlapping and at times competing sources of legal authority in making claims – including precedents they intentionally created themselves!  This makes a quick redress of violations of international law difficult when the UN Security Council is empowered to make use of military force only in cases of ” international peace and security” (i.e. aggression) and the UN Charter also assures sovereigns of their “right to self defense”.

“New Sovereignty”, in the title of Victor’s first piece, is a concept propagated by the late Harvard theorist and State Department official Abram Chayes and his wife, scholar Antonia Handler Chayes, that repudiates much of traditional sovereignty in order to aggressively re-define it as “ the capacity to participate in international institutions of all types“.  In other words, sovereignty in their view would mean a state’s membership in good standing in  a mutually interdependent ” international community” and not control over national territory free from external interference by other sovereigns. Under “New Sovereignty”, such external interference is assumed as “normal” and is a point of constant, cooperative, negotiation toward consensus on emerging and evolving legal norms. As such, if accepted, “New Sovereignty” would be a massive transfer of political power and legal authority from legitimate national governments to a transnational and international class of legal technocrats and bureaucrats, who would assume by default a managerial role over the substance of international affairs. In many ways this erosion of traditional state sovereignty would be analogous to the transfer of real power from the hands of crowned sovereigns in the early modern period to their embryonic state bureaucracies that in time rendered most monarchs mere ceremonial figureheads.

In my view, while  Chayes had many laudable goals in mind,  “New Sovereignty” would be unworkable in practice and inherently is extremely reactionary in its anti-democratic repudiation of popular sovereignty as the basis for a state’s legitimacy. Citizens of states are effectively reduced to the position of wards under the protection of the international community as national leaders become responsive primarily to “external constituencies” in control of the eternal process of negotiation of international norms. While the problem is somewhat moot for repressive regimes whose citizens enjoy few freedoms anyway, in liberal states the “democratic deficit” produced by such a scheme runs contrary to the very foundations of their political legitimacy and independence.

In this context, we have the claim put forth for the legal basis of R2P by Victor:

 ….Indeed, the UN Security Council, having enshrined R2P in UNSCR 1674, did not subsequently authorize action under the R2P banner in the aftermath of Cyclone Nargis in Burma, with the Special Adviser to the Secretary-General stating in his report that

[i]t would be a misapplication of responsibility to protect principles to apply them at this point to the unfolding tragedy in Myanmar…the Outcome Document of the 2005 [World] Summit limited their application to four crimes and violations: genocide, crimes against humanity, war crimes and ethnic cleansing.

and in his second post:

Here Safranski and I agree on the proper role of theorists, but it wasn’t theorists that adopted R2P as a norm; it was the UN Security Council, as set forth in UNSCR 1674 in 2005, which was later utilized in the Libya intervention authorization (UNSCR 1973). Currently there are no higher authorities on interventions, peacemaking, and peacekeeping than the Security Council, which is surely not composed of academic theorists, but rather high-level diplomats that make moves, and yes, establish law, only on the explicit authorization of their countries. That the Security Council adopted the principles of R2P speaks more to the usefulness and applicability of the concepts than to any academic theorizing thereof.

First, while we should acknowledge that the UNSC resolutions that R2P advocates crow about are not nothing, their importance should not be exaggerated either. They are a precedent, but a very limited one that does not abrogate everything that has come before.

Since the inception of the UN the Security Council has passed over 2200 resolutions, which would put those devoted to R2P at a whopping .0009 %.  Moreover, of the UNSC resolutions passed, many merely take note of an event, express concern or urge restraint; other, more forcefully worded resolutions, dealing with conflict were dead letters from the moment of adoption, being ignored by warring parties exercising their sovereign rights of self-defense. The number of UNSC resolutions that led to effective action of any kind, much less decisive humanitarian military intervention envisioned by more muscular interpretations of R2P, have been few with a mixed track record of success.  Resolutions 1674 and 1973 by the Security Council exist within the much larger context of international law precedents going back centuries, most of which directly contradict the operative assumptions of “New Sovereignty”.

Furthermore, much of the text of Resolution 1674 itself is devoted to caveats reiterating traditional sovereign prerogatives and that protection for civilians occur under established conventions for the law of armed conflict before gingerly endorsing R2P provisions from the 2005 World Summit Outcome Document  of the World Health Organization. The legality of these qualifications and reservations are taken seriously by the member states of the Security Council because without them, 1674 would have never passed, nor 1973 after it ( likely to be the last of its kind for a long while in light of Russian and Chinese vetoes on Syria resolutions, which after Libya are certain to continue).  At best, in international law R2P has managed to secure only a toehold and its definition and application lack agreement (and even acceptance) among the world’s great powers.

R2P is not a secure legal scaffold on which to construct a foreign policy or decide on matters of peace and war.

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