This post is a short essay responding to a question about my dramatic change of position on the Afghanistan War with regard to its initial justification and flawed execution. It is both a reconsideration of errors of judgment and reflections on how the world has changed in the course of this decade, focusing on the inability of the United States to grasp either its own decline or the related decline in the historical agency of hard power approaches to security.
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Reading what I wrote about Afghanistan a decade ago reminded me of how much my understanding of the role of war and hard power in upholding security for the nation and the world has changed. Actually, it seems clear to me that my views on Afghanistan back in 2001 were an exception to my general skepticism about Western interventions in the non-Western world, a view formed during ten years of opposition to the American role in the Vietnam War. At the time, with the Al Qaeda attacks so recently seared into my political consciousness, and some anxiety that more attacks of a similar kind were likely to follow, it seemed logical and helpful to adopt a war strategy as part of an overall effort to disrupt the mega-terrorist capabilities to inflict further harm either in this country or somewhere else on the planet. Although I realized that the international law argument for attacking Afghanistan, with the clear objective of regime change, was weak absent the exhaustion of diplomatic remedies, but such considerations were overcome in my mind by the political argument for doing immediately whatever was necessary to uphold security in this country and generally, and the moral argument that any successor government to what was being imposed on the Afghan people by the Taliban would almost inevitably be a step in the right direction. At first, these early assessments of mine seemed vindicated, but now with the benefit of ten further years of military engagement and retrospective insight, a reappraisal is long overdue.
There were some reasons for skepticism and worry from the outset of the approach to Afghanistan. The manner by which the air war was conducted, and its failure to adopt tactics designed to have a maximum impact on Al Qaeda capabilities were disturbing to me from the beginning of the military operations. The American military undertaking seemed poorly conceived and implemented, naively relying on untrustworthy coordination with Afghan ground forces that had their own distinct agendas often at odds with U.S. counter-terrorist priorities. This unreliability should have been known on the basis of intelligence and prior counterinsurgency experience. The United States Government, and especially the Rumsfeld Pentagon, were ideologically committed to fighting the war with minimum American ground involvement, thereby avoiding heavy American casualties, and yet achieve the goals of the intervention. This was proclaimed at the time to represent a test case for a ‘revolutionary’ transformation of warfare in which technology displaced troops on the ground. We learned very soon that virtually the entire Al Qaeda leadership had managed to escape across the border to Pakistan along with its main cadre of militant trained fighters.
Beyond this central mission failure, the promised regime change in Afghanistan quickly became a costly and obvious fool’s errand. The authority of the new political leadership in Kabul, handpicked by Washington, could hardly extend its writ beyond the capital city despite its dependence on the delegitimizing presence of foreign occupying forces. This led over time to the resurgence and regrouping of a variety of forces of national resistance to foreign occupation, as well as the unexpected revival of the Taliban as both a fighting force and a serious political challenger for control of the country.
Faulty perceptions in this post-9/11 period, including my own, ignored the lessons of Vietnam. It was one thing to mount a counter-terrorist operation against the Al Qaida presence in Afghanistan, which was itself an alien intrusion on national political space, but another for the leading country in the West to seek to override the workings of self-determination within Afghanistan so as to impose a governing structure and political culture more to its liking. This renwed reliance on counterinsurgency thinking, of which General David Petraeus, was the most influential voice within the military, sought to overcome memories of defeat in Vietnam by adopting an approach more friendly to and respectful of the indigenous culture and the human rights of the people supposedly being protected. But it is one thing to be abstractly sensitive in these ways, but it is another to remain a benevolent presence while killing the inhabitants of the country, especially its women and children, while simultaneously doing everything possible to minimize risks of injury and death to one’s own troops. In the circumstances that exist in Afghanistan these two sincerely held objectives are often in tension with notable incidents leading to anger either at the scene in Afghanistan or at home in the United States. It is ironic that Petraeus, despite his historical knowledge, political acumen, and his own prior efforts to right the mistakes of the past, relied on drone strikes at a rate of ten times that of his predecessor, resulting in a predictable rise in civilian casualties and popular alienation. The use of sophisticated unmanned aircraft firing missiles at human targets carries to new heights the technological one-sidedness of such counterinsurgency warfare where as much of the risk as possible is shifted to the territorial society and those who pick targets in safety have neither accountability for deliberate or accidental wrongs nor possess any leverage over the political dynamics within the country. It is this disabling irony that has yet to have its proper impact on American policymaking. Our political leaders seem unwilling to learn that military dominance rarely translates into favorable political outcomes at acceptable costs in the early 21st century.
Despite the evidence supporting such an interpretation of recent historical trends the mistakes of the past are stubbornly repeated, and such a pattern calls for an explanation. It is necessary to consider the impact of factors that overcome the expected rationality of government decision-making and problem solving. Perhaps, the most important of these is the emergence of what Mark Selden calls ‘the permanent warfare state’ in the United States. The country has for decades made a disproportionate investment in achieving military dominance on a global scale. The existence of such expensive capabilities generate strong bureaucratic and ideological pressures to rely on military approaches to ensure a favorable outcome of international conflicts. After all at present, if the United States spends more than the next ten countries in the world combined, there must be a commensurate political payoff, or else it is extremely discrediting with respect to the use of taxpayer revenues in a setting of intense fiscal concern about government spending..
It is this hard power dogmatism that has led the United States, along with its Western junior partners, to engage in a nation-building war in Afghanistan that seems destined for defeat and humiliation. As the Afghan saying goes: “You got the watches, we got the time.” Because the benefits to the United States of persisting in Afghanistan despite the costs seem so uncertain as compared to the clear goals of the opposition to rid the country of foreign occupiers, it seems likely that the longer-term and deeper commitments of the Afghan national resistance will reap eventually the rewards of its persistence. Of course, this prediction is reinforced by the low quality of the Karzai government that undermined its democratizing claim by stealing the most recent faux elections and through its corrupting links to the drug trade and warlords. In the twenty-first century those who cooperate with foreign invaders and occupiers rarely are able to claim ‘mission accomplished’ with any credibility at the end of the day. It is important also to realize that this was not true in the colonial era during which the superior military technology of the colonialists generally prevailed without large losses or major expenditures. Prior to World War II, there was insufficient confidence in the capacity of most non-Western societies to mount an effective national resistance to a determined military intervention, although even here Afghanistan stood out as the one country in Asia that colonial powers found impossible to pacify in a manner that served their interests, with both Britain and Russia failing in their attempts to do so. It is difficult for Americans to appreciate that foreign occupation poses such a stiff challenge to self-determination as to be very rarely viewed as liberating or legitimate by the civilian majority in a country subject to military intervention.
Such generalizations need to be distinguished from the sorts of interventions that seem to have been effective in Kosovo in 1999, and maybe again this year in Libya. In Kosovo, the foreign intervention was a rescue operation in support of a domestic struggle of the Albanian overwhelming majority against what was perceived to be Serbian alien rule sustained by atrocities against Kosovars and posing an imminent threat of violent ethnic cleansing. It was, to the extent that the people of Kosovo enjoyed the status of being ‘a people’ in international law, possible to consider the NATO intervention as being in furtherance of self-determination rather than as an attempt to impose a Western oriented outcome. True, the clarity of such an endorsement of the Kosovo War is qualified by the absence of any UN Security Council authorization for the use of force and by NATO’s controversial reliance on high altitude bombing that killed an estimated 500 civilians on the ground. The post-conflict establishment of Camp Bonsteel, a huge NATO military base also raises questions about the purity of the alleged protective intentions.
In the case of Libya, although the NATO operations ignored the limits of the UN Security Council authorization, the military action reinforced a struggle already underway in the country, and backed by a majority of the population, against a hated dictator that was engaging in indiscriminate violence against his own people, and threatening to do worse. It remains to be seen whether the victors in Libya can bring constitutional democracy and an equitable economy to the country, but at least the intervention is highly unlikely to engender national resistance as there is no foreign occupation contemplated. There are already concerns about the prospect of manipulation behind the scenes by the intervening parties to bring big profits to NATO oil companies and construction firms. If these concerns materialize it could be quite discrediting to the nationalist claims of the new Transnational National Council leadership. Nevertheless, as of now, the main point stands: with UN backing, without any intention of foreign occupation and military bases, against an existing cruel, exploitative, and oppressive rule, and in support of an existing oppositional movement, a Western military intervention can achieve its initial goals, but even then not without evoking considerable controversy and raising suspicions about ulterior motives. Phase one is regime change as has taken place with the defeat of the Qaddafi regime, phase two is constitutional state building and equitable and sustainable development that remains to be achieved, and depends on national will and capabilities.
There was another major dimension of the Afghanistan War as it appeared in 2001 as compared to the way it seems in 2011. What I failed to appreciate then, and has still not been properly registered in mainstream foreign policy thinking, is that during the presidency of George W. Bush, the grand strategic emphasis was placed on control of the Middle East. This objective of grand strategy took precedence over the successful prosecution of the post-9/11 struggle against terrorism. The two different undertakings were misleadingly merged in public consciousness by relying on the unifying, yet diversionary label of ‘global war on terror,’ but in fact while Afghanistan was directly linked to the 9/11 attacks the government of Saddam Hussein in Iraq was only indirectly, if at all, linked. The Iraq War launched in 2003 increased anti-American resentment throughout the Islamic world, and was at odds with an all out struggle against Al Qaeda, which would have given continuing priority to consolidating the early gains in Afghanistan and neighboring Pakistan. Instead, after the military attacks on Afghanistan produced the collapse of Taliban rule, the American emphasis immediately shifted dramatically to the Iraq War, and Afghanistan became a forgotten sideshow, which encouraged the steady deterioration of political order in the country, making a mockery of early claims of achieving a liberating political change welcomed by the population. Obama tried to overcome this unfortunate legacy of neo-conservative foreign policy by both promising to end the Iraq War, a commitment that remains problematic and unfulfilled, and a commitment to view the Afghanistan War as requiring renewed attention due to its relevance to the challenge of terrorism.
Finally, ten years after 9/11 the road not taken of law enforcement, intelligence collaboration, occasional special forces covert undertakings in foreign countries seems attractive on a number of grounds, and the defense of human rights at home and abroad. It would have avoided the costly, mostly failed efforts in Iraq and Afghanistan. It would have avoided national humiliation associated with the panicky recourse to torture that led to the globally discrediting disclosures of systematic abuse of detainees at Guantanamo and Abu Ghraib, and a homeland security apparatus containing many features of authoritarian governance. It would have strengthened claims by the United States to provide benevolent world order leadership based on minimizing the role of war and military solutions, while maximizing the role of law, international police cooperation, and diplomacy, including efforts to take steps to acknowledge and overcome the legitimate grievances of the Arab World, especially the American failure to push for a fair and balanced solution to the Palestine/Israel conflict. This approach would have also allowed a greater concentration of the political imagination and the resources of the country on meeting domestic infrastructure problems and addressing such rising global challenges as climate change and persistent extreme poverty. Furthermore, such non-war path in response to the 9/11 attacks could have demonstrated a realization of the limits of hard power approaches to the solution of conflict and security problems in the early 21st century, and avoided falling again into the traps unwittingly set for the country by pro-interventionists and counterinsurgency advocates. Of course, a counter-factual portrayal of the decade is by definition unaware of the bumps in the road that would undoubtedly have been encountered, especially if further attacks had been successfully launched on high value targets within the United States. Even conceding this unknowability, this alternative path would have been in closer accord with out ‘better angels,’ and corresponded with American continuing claims on the global stage to be the home of moral exceptionalism. If it failed once having been tried, the grounds for a more muscular approach would have been responsibly laid.
These retrospective comments are meant to be non-partisan as far as internal American politics are concerned. The Bush approach after 9/11 enjoyed overwhelming support among the citizenry and in Congress. There were no influential dissenting voices. The mobilization of national unity on the basis of fear and anger, and reinforced by patriotic pride, was intense, effective, and unconditional. My regrets about the policies pursued are mainly preoccupied with the deficiencies of American political culture given the realities and challenges of our world. Unless the political mind of the country becomes quickly disenchanted with military approaches to conflict resolution there is every likelihood of repeating the mistakes of the past decade that will increase dangerous storm clouds that already cast dark shadows menacing the future wellbeing of the country and world.
Tags: al Qaeda, Demography of Afghanistan, Kabul, Mark Selden, Taliban, United States, Vietnam, War in Afghanistan (2001–present)
Missing the Point Twice: International Law as Empire’s Sunday Suit
15 OctIn a recent speech at the Harvard Law School, John Brennan, President Obama’s chief advisor on counterterrorism and homeland security, boldly declared: “I’ve developed a profound appreciation for the role that our values, especially the rule of law, play in keeping our country safe.” The most notable feature of the remarks that followed was the legal rationalization put forth for targeting killing of civilian terrorist suspects distant from ‘the hot battlefield’ even if not engaged in activities that could be reasonably viewed as posing an imminent threat to security of the United States.
In effect, post-9/11 American ideas of self-defense incorporate by stealth the Bush Doctrine of preemptive war used to justify aggression against Iraq in 2003, which had seemed discredited in international until quietly revived by the Obama presidency. The entire world is treated as part of the operational battlefield in the so-called ‘long war,’ and civilians, such as the religious ideologue Anwar al-Awlaki, killed on September 30, 2011 in a remote region of Yemen as if he was a soldier at war. This purported legalization of drone attacks carried out in foreign countries represents a unilateral extension of international law, as well as establishes a precedent that would not be tolerated if claimed by any country hostile to the United States. Involved here is the de facto amendment of the right of self-defense in a manner inconsistent with both the understanding embedded in Articles 2(4) and 51 of the UN Charter and of contemporary international law as interpreted by a majority in the International Court of Justice in the Nicaragua case decided in 1986. The United States now sets the new rules that override the old rules, and then limits their availability to others by restrictions based on geopolitical criteria of ‘friend’ and ‘enemy.’
All that Brennan offered in support of such an imperial claim was the assurance that the United States is careful in the execution of these attacks, seeking to minimize the risk of mistaken identity and taking steps to ensure that the attacks take place in situations where the risks of unintended ‘collateral damage’ are reduced to the minimum. The credibility of this reassurance is insulated from inquiry by secrecy, a total lack of transparency that is supposedly justified by the need to protect intelligence sources. There is also no independent post-attack independent inquiry as to whether the targeted individual might have captured rather than executed, whether there existed a sufficient threat of involvement in dangerous activities to warrant such at attack, whether the government of the country involved gave its consent voluntarily, and whether there is or should be accountability for errors. Such a procedure can only be understood as an effort to establish a system of imperial global governance in relation to the use of force. If this constitutes the way American ‘values’ deploy ‘the rule of law’ it would seem to reflect the most cynical reliance on ‘law’ as propaganda, while at the same time discarding the proper role of law as a constraint on violence. It is also relevant that the unusual amount of attention given to the al-Awlaki execution results from his American citizenship, which implies the regressive understanding of law that there are no grounds for a serious American concern if the target is non-American regardless of the innocence of the person or the fact that he or she are being killed in their homeland and citizenship. Such a world we are making for ourselves and others.
In March of 2011, in a spirited address to the American Society of International Law, Harold Koh, Legal Advisor to the Secretary of State, also spoke glowingly about the commitment of the United States during the Obama presidency of “living our values by respecting the role of law.” He went on to explain that this mean “following universal standards, not double standards.”
These legalist sentiments were deemed by Koh to be so central to his argument as to be printed in bold lettering for emphasis.
What should strike any reasonably objective person is the crude hypocrisy of an American government official rejecting double standards while simultaneously engaging in political gymnastics to avoid acknowledging the unlawfulness of Israel’s behavior: the United States stands practically alone in the world in refusing to condemn Israeli settlements in occupied Palestine, in denying Palestinian statehood at the UN, in endorsing the collective punishment inflicted on the civilian population of Gaza for more than four years; in repudiating the recommendations of the Goldstone Report. Indeed, U.S. foreign policy toward Israel is the most glaring and punitive instance of double standards with respect to international law that exists in the world today. But it far from the only example. Other prominent instances exist in many crucial domains of global policy: as with the nuclear weapons states that maintain arsenals of weapons without accepting restrictions on their use and non-nuclear pariah states that under the geopolitically managed NPT regime are threatened with military attack for supposedly seeking such weapons; as with the identity of those political leaders and military commanders who are prosecuted for international crimes and those who enjoy a condition of de facto impunity; and as to states that could be invaded by reliance on the norm of ‘responsibility to protect’ and those against which such action is inconceivable however much the territorial population is confronted by dire threats to its wellbeing and survival.
I am less shocked by the behavior of the United States, which reflects its grand strategy, than by this insistence on stretching the meaning of the most fundamental legal rules and principles to satisfy foreign policy priorities.
For esteemed international law figures such as Harold Koh, formerly a distinguished human rights scholar and dean of the Yale Law School, to make such bold assertions about the post-9/11 law, validating drone warfare, without even bothering to acknowledge doubts as to the wisdom and acceptability of such a course is to embrace jurisprudential nihilism in two senses—first, by undermining the authority of international law by showing that it can always be extended unilaterally to serve the interests of the powerful, and operates otherwise to discipline weak states; and secondly, by creating a precedent that will not be honored as ‘law’ if invoked by others- witness the hysterical reaction to the shaky claim that Iran was plotting the assassination of the Saudi Arabian ambassador to the United States. What is sauce for the geopolitical goose seems to be poison for the pariah gander!
There are respectable reasons to suggest that international law of war and peace that has evolved over the centuries to deal with conflict among states, and as such needs to be revised to take account of non-state actors and networks, as well as in response to the global horizoning of many interactions in the world of the 21st century. But there are no respectable reasons to contend that dominant states can exercise a military option wherever they choose, and then have the temerity to call this behavior ‘lawful.’
Michael Rosen, an ideological apologist for the executions of Osama Bin Laden and Al-Awlaki, writing in The American, the magazine published by the American Enterprise Institute (the right-wing think tank) put his support for drone military activity this way: “But in the civilized world..increasingly.. targeted by Islamist terror, we must continue to return fire by robustly targeting the terror masters.” At least such an assertion
does not pretend to provide an international law justification, although it does stretch the U.S. Congress’s 2001 Authorization of the Use of Military Force, designed to reach those involved in the 9/11 attacks, to validate the execution Al-Awlaki who has never been accused of having any relationship to 9/11. It also most unacceptably sets up this long repudiated moral contrast between ‘the civilized world’ and the rest that has so often in modern times been used to justify violence by the West against the non-West. I had hoped that the collapse of colonialism would have at least discouraged the use of such a tasteless rhetoric of comparison.
There is a final point. Living in a region that is subject to drone attacks as in the tribal areas of Waziristan is terrifying for the population as a whole. This ill-defined vulnerability helps explain the severe hostility to the United States that exists among the Pakistani people and led to a unanimous resolution adopted on May 14, 2011 by the Pakistan parliament demanding that the executive branch uphold Pakistan’s sovereignty by disallowing any future drone strikes on its territory, and if they continue to cut off NATO supplies destined for the Afghanistan War. Supporters of the resolution have sought implementation through the courts, and a Lahore judge has ordered Pakistan foreign minister to submit detailed responses to issues raised. It is one thing to assess the reasonableness and proportionality of a targeted killing, including by reference to collateral damage by reference to the person(s) targeted, but such an appraisal fails to take any account of the more pervasive and inevitable collateral damage caused by producing intense insecurity on the part of an utterly defenseless civilian population as a whole. As far as I have seen this latter dimension of state terror associated with these new modalities of surveillance, intelligence operations, and robotic militarism never considers the psychological harm being done to the people of the targeted country. This raises issues bearing on the right to life as a fundamental right of all persons under international human rights law.
Tags: American Society of International Law, Anwar al-Awlaki, Bush Doctrine, Harvard Law School, International Court of Justice, Obama, United States, Yale Law School