Tuesday, November 17, 2009

Jihad 2.0

Over the last few weeks, President Obama has been both Commander in Chief and Consoler in Chief. As Commander in Chief, he has grappled with the thorny questions of what does victory in Afghanistan look like, what is a proper strategy and what are appropriate troop levels. As Consoler in Chief he has tried to help the nation deal with the murder of 13 people by Major Nidal Hasan at Fort Hood, Texas. The media has covered these two events in depth, but has not addressed the linkage between them.

Obama is taking his time considering the proper goals and strategy. In February he said that his goal was to “make sure that it (Afghanistan) is not a safe haven for al Qaida”. If this is the definition of victory, then we “won” in 2002 when the Taliban was overthrown and al Qaida was driven into Pakistan. Since then drone attacks in Pakistan have devastated their leadership and destroyed their ability to organize and implement major attacks such as 9/11. Even if the Taliban returned to power, it is unlikely that they would make themselves a target again by inviting al Qaida back.

In response al Qaida has changed from a strategy of training fighters for a conventional battle to a media and internet based strategy targeted at angry and disaffected Muslims in western countries. Sophisticated websites (Examples are here and here.) call on Muslims around the world to conduct a “holy war” against the “Western Zionist crusaders”. The message resonates with some Muslims who watch innocent Muslims killed and wounded by “Western Zionist crusaders” in Iraq, Afghanistan and Gaza. The strategy has proven successful in motivating attacks from the sophisticated bombings in London and Madrid to the free lance shootings at Fort Hood.

As long as the US continues to be seen as part of the “Western Zionist crusade”, we will continue to face this type of attack. For democracies these are extremely difficult to prevent. Sending 40,000 more troops to Afghanistan is, in my opinion, fighting the “last war”. It will only give credibility to the al Qaida message that the US is waging a war on Islam.

Wednesday, November 04, 2009

The realm of self help

During most of the 20th century international law was the “realm self help”. The most powerful nations in the world decided what international law was and then imposed it on weaker nations. No where was this more evident that the “victor’s justice” that was imposed on Germany and Japan following WW II. The victorious allies decided that the military and civilian leaders were responsible for war crimes and crimes against humanity, tried them, convicted them and imprisoned or executed them.

Following the founding of the UN, international law has become more codified through a series of treaties and judicial decisions, but it is clearly an evolving process. Under a UN Human Rights Committee mandate South African judge Richard Goldstone issued a report that found that there was credible evidence that Israel and Hamas committed war crimes and crimes against humanity during the 2008 Gaza war. He called upon the parties to conduct credible investigations within six months and, if they did not, that the cases be referred to the International Criminal Court (ICC).

The response of the US and other western countries indicates that we are returning to the “realm of self” where the powerful nations, the guys with the biggest guns, get to decide who is called to account.

When a case was brought in the UK against Israeli Defense Minister Ehud Barak, a UK court found that he could not be arrested since the alleged crimes were perpetrated in his role as a government minister. When I called my Congressman to request that he not support a House of Representatives resolution which demanded that the Obama administration oppose the Goldstone Report and any referral to the ICC, I was advised by his staff that prevailing opinion in Washington was that the behavior alleged by Goldstone was not the business of the international community and that Israel and Hamas were responsible for conducting their own investigations. (It certainly was the prevailing opinion as the resolution passed 336 – 34)

If this is the state of international law, western powers should have insisted that Slobodan Milosevic and Radavan Karadcic be investigated by Serbia and Republika Srpska and be given immunity from their crimes committed during the Balkan conflict based on their positions as government officials. Is it any wonder that emerging and third world countries accuse the US and other western powers of a double standard?

Monday, October 26, 2009

Make me do it

Israeli Prime Minister Netanyahu’s stonewalling of US demands that he freeze all settlement activity, loosen the blockade of Gaza and improve conditions on the ground in the West Bank has shown that the US has few options for applying pressure on Israel.

The release of the Goldstone Report which outlined allegations of war crimes committed by Hamas and Israel during the 2008 war in Gaza was an opportunity for the US to exert pressure in a way that did not require Congressional action. The US could have signaled its displeasure by abstaining or voting for UN Human Rights Committee approval of the report. Instead, the US intensely lobbied its European allies and the Palestinian Authority to prevent approval. Predictably, Israel and what Rabbi Michael Lerner calls its “ethical cretin” allies attacked the report on all fronts.

Many who support a just solution to the Israel/Palestine problem have called this just another example US political leaders caving in to the Israel Lobby. There may, however, be another explanation.

The Obama administration is engaged in a major political battle over healthcare reform. In this battle every Democratic vote counts. Congressmen and Senators, such as Steny Hoyer, Howard Berman, Evan Bayh and Chris Dodd, who take their marching orders from AIPAC, would not hesitate to torpedo healthcare reform to punish Obama for pressuring Israel. Obama may have been trying to buy time until after the healthcare reform issue is settled.

During the campaign, then candidate, Obama was asked during a small fundraising event in NJ if it were possible to resolve the Israel/Palestine issue without pressuring Israel by reducing or cutting off financial aid. In a manner reminiscent of the parable style of Jesus, Obama answered the question by telling this story.

At the beginning of WW II A. Philip Randolph, President of the Brotherhood of Sleeping Car Porters, lobbied FDR to promote equal employment opportunities. At the end of the meeting, FDR said “You have persuaded me; I agree with you. Now make me do it”. Randolph responded by organizing a march on Washington and FDR issued Executive Order 8802 which banned discrimination in defense industries and established the Fair Employment Practices Committee.

When the issue of pressure on Israel resurfaces in the spring there may be an opportunity to “Make Obama do it”.

Monday, October 19, 2009

Blow up in Iran

On Sunday a coordinated suicide bombing in the restive Iranian province of Sistan-Baluchistan killed 42 people including several senior Revolutionary Guard commanders. The radical Sunni opposition group Jundallah (Army of God) claimed responsibility. Iranian authorities have accused Pakistan, Britain and the US of being complicit in the attack; a charge that the US has vehemently denied. This denial, however, is suspect.
Last year New Yorker magazine’s senior national security correspondent Seymour Hersh wrote an article in which he detailed the Bush administration’ s $400mm covert operations program in Iran. (The entire article is here) The program functions by providing funding, weapons and training to Iranian opposition groups such as Jundallah, MEK and PJAK in an effort to undermine the regime in the Islamic Republic. Hersh describes the US relationship with Jundallah in these words:
“The Administration may have been willing to rely on dissident organizations in Iran even when there was reason to believe that the groups had operated against American interests in the past. The use of Baluchi elements, for example, is problematic, Robert Baer, a former C.I.A. clandestine officer who worked for nearly two decades in South Asia and the Middle East, told me. “The Baluchis are Sunni fundamentalists who hate the regime in Tehran, but you can also describe them as Al Qaeda,” Baer told me. “These are guys who cut off the heads of nonbelievers—in this case, it’s Shiite Iranians. The irony is that we’re once again working with Sunni fundamentalists, just as we did in Afghanistan in the nineteen-eighties.” Ramzi Yousef, who was convicted for his role in the 1993 bombing of the World Trade Center, and Khalid Sheikh Mohammed, who is considered one of the leading planners of the September 11th attacks, are Baluchi Sunni fundamentalists.
One of the most active and violent anti-regime groups in Iran today is the Jundallah, also known as the Iranian People’s Resistance Movement, which describes itself as a resistance force fighting for the rights of Sunnis in Iran. “This is a vicious Salafi organization whose followers attended the same madrassas as the Taliban and Pakistani extremists,” Nasr told me. “They are suspected of having links to Al Qaeda and they are also thought to be tied to the drug culture.” The Jundallah took responsibility for the bombing of a busload of Revolutionary Guard soldiers in February, 2007. At least eleven Guard members were killed. According to Baer and to press reports, the Jundallah is among the groups in Iran that are benefitting from U.S. support.”
These types of highly classified covert programs take a long time to unwind and have a long tail that even their CIA program officers can’t control. They also can be the spark that ignites a conflagration. We can only hope that this is not one of those.

Saturday, September 26, 2009

Confrontation with Iran

This week the Iranian nuclear enrichment program was once again front and center on the world stage. On Monday Iranian officials notified the IAEA that they had begun construction of a second nuclear enrichment facility outside the city of Qom. This announcement prompted a flurry of diplomatic activities by the US and its European allies which culminated in a hastily called press conference featuring President Obama, French President Sarkozy and British Prime Minister Gordon Brown. Each in turn roundly condemned Iran for their “direct challenge” to the NPT regime, “serial deception” and challenge to the entire international community. The western media flashed headlines such as “US and allies warn Iran over nuclear deception” and British “Foreign Secretary David Miliband refuses to rule out military action against Iran nuclear plant”.
Iranian President Ahmadinejad responded that the plant was never a secret and that Iran had lived up to its NPT obligations.
The reality of all this is much more nuanced. The US has been aware of this facility for some time and has elected ignore it. The plant, therefore, is hardly a secret. Iran’s case that has lived up to its obligations has some validity. The treaty as ratified by Iran requires that the IAEA be notified 180 days before the introduction of nuclear material. The 2003 protocol, which Iran never ratified, introduced the requirement to notify the IAEA immediately upon the decision to construct a nuclear facility.
The Iranians may have felt that they were doing something positive ahead of the 5+1 talks scheduled for Oct. 1, since they are probably a year away from introducing nuclear material and may have been surprised by the reaction. They did not, however, count American domestic politics.
Having been stonewalled by Israel and the Arab countries on his Israel/Palestine policy, Obama could not afford to appear weak on another Middle East issue. This allowed the administration hardliners on Iran, such as Hilary Clinton and Dennis Ross, to carry the day and raise the specter of “crippling sanctions” and military action.
With their harsh aggressive rhetoric, the western leaders may have put themselves in a corner from which there may be no easy exit. Since any sanctions regime is not likely to be either effective or “crippling” and the unstable hard-line government in Tehran may welcome the conflict as a way of uniting their divided country, the western leaders may, once again, have to choose between backing down in the face of intransigence or taking military action. Will the Iranians sit idly by awaiting an attack which could destroy their retaliatory capability or will they chose a preemptive first strike?
It seems to me that that I have seen this movie before in Iraq. I didn’t like the ending.

Thursday, September 17, 2009

War crimes in Gaza

This week the investigative report on the Gaza War requested by the United Nations Human Rights Council was released. The investigating commission, chaired by South African judge and prosecutor Richard Goldstone, found that there were violations of Human Rights Law and war crimes perpetrated by both Israel and Hamas. The report recommended that the case be submitted to the International Criminal Court for possible prosecution.
Since neither Hamas nor Israel are signatories to the ICC treaty, the referral would need to be made by the UN Security Council. Israel is counting on the US with its veto power to prevent this from happening. With this in mind, Israel has begun a diplomatic and public relations blitz.
They have accused Goldstone of being biased against Israel and complained that the commission only interviewed Palestinians and selected Israelis. This is a little disingenuous as Goldstone is a Jew and Israel refused to neither cooperate with the investigation nor allow the commission to interview Israeli officials.
Israel has also complained that the report contains more criticism of Israel than of Hamas. This might be expected on the ground of proportionality. During the three week war 1450 Palestinians, mostly civilians were killed while 13 Israelis, including 3 civilians, were killed. The claim that Hamas rocket fire threatened Israeli civilians and thus justified the war raises the larger question, unaddressed in any forum, of what rights to resist are available to a weak people faced with a brutal occupation and overwhelming military capability.
Israel’s diplomatic case with the US is raising two issues. One is that if Israel is held to account for its behavior is Gaza, the US might be held to account for its behavior in Iraq and Afghanistan. The other issue is that any limitations on military action would adversely affect the so called “war on terror”. Both of these issues might have resonated more with the Bush administration that the Obama administration.
If the report ends up in the Security Council, a likely outcome, the US will face a difficult dilemma. Do they support Israel and veto any referral to the ICC and send the message that it is business as usual? Does international law only apply to weak third world countries in Africa and the Middle East such as Sudan? Do western, first world, colonial powers get a pass? Or do they allow the complaint to go forward and risk a further split with Israel and the anger of the Israel lobby in Washington?.

Friday, September 04, 2009

Freezing a Conflict in August

Once the uprising in Iran, following the disputed elections, was brutally repressed by the conservative regime, the situation in the Middle East has become reasonably quiet. With respect to the efforts to resolve the intractable Israeli/Arab conflict over Palestine not much seems to be happening. Given Special Envoy George Mitchell’s penchant for quiet diplomacy, something may be happening behind the scenes. More likely nothing seems to be happening because nothing is happening.
Senator Mitchell has met numerous times with Israelis regarding the US demand for a settlement freeze and with Palestinian and other Arab leaders regarding possible steps toward a normalization of relations with Israel. Neither of these tracks is going anywhere. Israel has no interest in stopping its colonization of the West Bank and East Jerusalem and doesn’t particularly care about normalized relations as they don’t see themselves as part of the Middle East. The Arabs feel as though they bought the settlement freeze in Oslo and have no interest in buying it again.
In my opinion the Obama administration has finally realized that there is no room for a two state solution in which Israeli Jews and Palestinians live alongside each other in peace. The maximum that Israel will give is less than the minimum than the Palestinians can accept.
Israel has no incentive to compromise further. Their overwhelming military power supported by the US and their demonstrated willingness to use it to crush resistance has consolidated the occupation and made Israel largely secure. Netanyahu’s vision of a “Palestinian state” that consists of isolated self governing enclaves in which the PA manages day to day issues and Israel controls borders, air space, security, water, infrastructure and access is largely in place. As Netanyahu says “Call it a state if you will.”
This situation not only serves Israel’s desire for space for settlement growth, but also the need for the Fatah led PA for a continued flow of US/European aid flowing through the PA that can be skimmed for personnel gain.
The inability of the Obama administration to get Israel to accede to their demand for a settlement freeze has demonstrated that there is no political will in the US to constrain Netanyahu from implementing his vision. We are moving into a “frozen conflict” mode. The danger of frozen conflicts is that they have a tendency to thaw periodically.