Category: NZDF

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Coleman’s Cultural Cringe Moment.

For some time I have had the impression that Defense Minister Jonathan Coleman is out of his depth on issues of defense and security, so I was not surprised by his joyful celebration of the signing of a bi-lateral defense pact with the US. Master of the flak jacket photo op, it was all sunshine and roses for Dr. Coleman at the Pentagon press conference, where he emphasized that US and NZDF troops would be training and working together on peacekeeping and humanitarian assistance missions in between group hugs and port visits. He seemed blissfuly unaware that US Defense Secretary Chuck Hagel, standing beside him at the press conference, made no mention of the kumbaya aspects of the bilateral, instead referring to the combat integration benefits of closer military-to-military relations.

What I was surprised at was how provincial and just plain goofy Coleman appeared to be. Among other country bumpkin moments, he dismissed concerns about US spying on New Zealand by referencing an editorial cartoon that had spies falling asleep listening to NZ communications; he outright lied and said that the NZ government would not say anything in private that it would not say in public (which makes its silence on the Trans-Pacific Partnership negotiations all the more suspicious); he never once countenanced the thought that the bilateral might be part of the US strategic pivot towards Asia (in a military way), or that China might view the bilateral with some concern; and for a Pièce de résistance, he whipped out a junior sized All Blacks jersey and foisted it on the unsuspecting Hagel.

The last moment was gold. Hagel acted as if he was not sure what the piece of black cloth was all about. A pirate flag? A tea towel? Something for Halloween? Then Coleman did the most crassly egregious act of sponsor placement I have ever seen in an official government ceremony by turning the jersey to the cameras with all front logos on display (the back had Hagel’s name and the number 1 on it).  AIG and Adidas would not have believed their luck, but what does it say about Dr. Coleman and his government that he/they thought it appropriate to shill for sports team sponsors at such an event?

The usual protocol for government to government exchanges of sporting symbols (most often on the occasion of bi- or multination sporting events) is to keep the colors and national crests but not the commercial logos. Such exchanges are done at the conclusion of formal meetings, with approved media doing the coverage on cue. Otherwise, the exchange is approved at press conference photo opportunities by prior consent. This avoids impromptu, ad lib or extemporaneous embarrassments or hijacks of the media op, to say nothing of security breaches.

On this the ritual of public diplomacy is pretty clear: public posturing and grandstanding is expected, but surprises are not.

In this instance Secretary Hagel was clearly surprised by the unilateral token of affection. He had nothing to give in return in front of the cameras. That means that the NZ embassy in Washington was incompetent, deliberately mean or ignored in the decision as to choice of gift as well as the way in which to present it, because it is brutally clear that Coleman and his staff were clueless as to the symbolism and significance of their preferred option for a unilateral, unscripted gift.

Lets ponder this. Coleman and his staff decided that the best gift to give the US Secretary of Defense on the occasion of signing a major bilateral military agreement ending years of estrangement was a replica jersey for a commonwealth sport barely recognized outside of some hard core devotee circles in the US. He might as well given him a surf lifesaving jersey.

I would have thought that a Mere pounamu, or better yet a Taiaha or Pouwhenua (to signify continued distance), would have been more appropriate for the occasion. With some advance warning (perhaps in consultation with the US embassy in Wellington), such a gift would be appreciated in its full significance by the US counterparts and transmitted as such to the interested public. Instead, the most powerful US civilian decision maker on military matters was given a piece of quick-dry, stretchable artificial cloth with corporate logos as a symbol of New Zealand’s commitment to first-tier military relations.

Coleman compounded the back-handed compliment with the jersey sponsorship display, thereby commercializing the event. To be honest, I could not believe what I was seeing and can only imagine what the Americans thought. I say this because in a former life I was party to such official ceremonies involving the US Defense Department and allied nation officials, and it was simply unimaginable that someone would attempt to push product, however unintentionally, during a symbolic gift exchange. That is why the display was so utterly cringe worthy.

In general though, I was not surprised by Coleman’s hillbilly-in-the-big-city moment. After all, if the Prime Minister, as Minister of Intelligence and Security, says that he cannot be bothered asking the GCSB questions about US spying on its allies, then it is no wonder that Dr. Coleman thinks that US spies are asleep and the US government is up with the play when it comes to the All Black nation.

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Long and short of the NZDF spying scandal.

Accusations that the NZDF may have been spying on journalist Jon Stephenson during or after he was in Afghanistan researching what turned into a series of very critical stories about the actuality of SAS operations in support of the elite Afghan counter-terrorism Crisis Response Unit (CRU) have sparked both public outrage and government backlash. Numerous media entities and civil libertarians have protested the alleged spying as an infringement on press freedom, with the story now picked up by the US press because Mr. Stephenson was working for a US based news service when the spying supposedly occurred, and the spying may have been carried out by US agencies.

It is early days yet in the development of the story, but there are numerous angles that if explored could lead to a can of worms being opened on the NZDF and NZ government as well as the US administration. More immediately, if what has been made public so far is accurate then there are some NZ-focused issues to ponder, which can be broadly divided into matters of short and long-term consequence.

The specific accusation is that NZDF obtained meta-data about Mr. Stephenson’s phone records from US intelligence sources while he was in Kabul. This meta-data included the phone numbers of those he contacted or who called him while in theater, which could be “mined” and subject to network analysis in order to create signal maps and flow charts of the patterns of communication between them as well as with Mr. Stephenson (what have been called signals meta-data “trees”).

Implicit in the original story by Nicky Hager is the possibility that the content of Mr. Stephenson’s conversations and possibly his emails were accessed by the NZDF, or at least by foreign partners who then shared that information with the NZDF.

This is the short aspect of the story. Mr. Hager believes that Mr. Stephenson was subject to an NSA signals trolling scheme akin to that done by the PRISM program, and that the NZDF may have requested that Mr. Stephenson be surveilled by the NSA as a result of Stephenson’s investigation but also because the NZDF could not spy on him directly. However, since the SIS and GCSB had officers on the ground in Kabul and shared workspace with NSA and CIA personnel, the possibility was raised that they were somehow involved in the electronic monitoring of Mr. Stephenson, either has initiators or recipients of the NSA meta-data mining of his communications.

This may or may not prove true. The government and NZDF flatly deny that any spying, whether by the NSA, GCSB or NZDF, was done on Mr. Stephenson. Mr. Hager claims to have evidence that NZDF personnel obtained Mr. Stephenson’s telephone meta-data (presumably he has at least been shown that data by the NZDF personnel who are his sources).

One of these versions is apparently false, although there may be a twist to the story that bridges the veracity gap between them.

Since Mr. Stephenson was in a declared conflict zone in which a multinational military coalition was engaged, he was inevitably subject to military intelligence collection. Military organizations and their various service branches maintain human and signals intelligence collection units that focus on tactical aspects of the conflict zone. That would, at a minimum, include canvassing local telephone and email networks for information on potential threats and contextual background. Such collection is designed to facilitate “actionable” intelligence: information that can be used to influence the political environment as well as the kinetic operations that occur within it.

It is possible that Mr. Stephenson’s phone records were collected by an ISAF military signals intelligence unit. It probably was that of a US military unit. That unit may have identified Mr. Stephenson as a New Zealander and passed his information on to one of the intelligence shops located at Bagram Air Force base or elsewhere for sharing with the NZDF as a professional courtesy and a “head’s up” on who Mr. Stephenson was involved with.

If this is true, then Mr. Hager’s NSA/PRISM/GCSB/NZDF spying scenario is wrong. However, the issue does not end there. The big questions are whether the NZDF requested that an allied military signals intelligence unit spy on Mr. Stephenson, or if not, what it did with the information about Mr. Stephenson volunteered to it by its ally.

If the latter is the case, then it is possible that the NZDF took no action because it either considered the information marginal to its intelligence concerns or improper for it to receive and use. That in turn could have led to the destruction of that meta-data after it was received.

On the other hand, if the NZDF requested said information about Mr. Stephenson from a military intelligence partner, that would make any subsequent meta-data record destruction an attempt to eliminate evidence of that request or the use to which the data-mining was put.

It should be noted that such spying in conflict zones is usual and to be expected by anyone operating with them, journalists and non-journalists alike. Moreover, it is perfectly legal as well as reasonable for the NZDF to share information with its military intelligence partners, even if it includes information about unaffiliated NZ citizens operating in conflict zones in which the NZDF is deployed. Thus it would not have been unlawful for the NZDF to obtain Mr. Stephenson’s electronic meta-data whether it initiated its collection or merely received the results.

This extends to its use of the SIS or GCSB to assist in said collection, since the SIS is empowered to spy on NZ citizens and the GCSB was working in a foreign theater in which Mr. Stephenson was working for a “foreign entity” (McClatchy New Service), therefore making him a legitimate target under the 2003 GCSB Act. Whether one or both of these agencies was involved in the spying on Mr. Stephenson, should it have occurred, the eavesdropping could legally be conducted without warrant, again owing to situational circumstance.

However, just because something is legal does not make it right. This is where the long of the story comes into play.

Mr. Hager also revealed the existence of an NZDF operations manual, apparently drafted in 2003 and revised in 2005, that included at least “certain investigative journalists” along with hackers, foreign spy agencies, ideological extremists, disloyal employees, interest groups, and criminal organizations in the category of “subversive” threats (although it remains unclear as to when that particular passage was added to the text and who authored and authorized it). The definition of subversion was stretched to include those whose activities could undermine public morale or confidence in the government and NZDF. This included “political” activities deemed inimical to the NZDF image or reputation.

Whether it was included in the original version or added some time later (perhaps very recently), that definition of subversive threats is astounding. The language used borrows directly from the lexicon of the Pinochet dictatorship and Argentine Junta. It completely ignores the concept of press freedom in a democracy, which is premised on the autonomous separation of the media and the military as institutions. It lumps in so-defined subversive threats with physical threats to operational security in the field. That makes those identified as subversives enemies rather than adversaries, which allows them to be treated accordingly.

The wording of the passage about subversive threats in this manual says more about those who drafted it and the NZDF leadership that allowed it to become doctrine than it does about any real threat posed by journalists to the NZDF or government. Being embarrassed by critical reporting is not akin to being shot at. Even if written in the fevered years immediately after 9/11, the authors of that passage (and presumably others in the manual) display an authoritarian, anti-democratic mindset that is fundamentally inimical to democratic civil-military relations and, for that matter, democratic military professionalism.

Chris Trotter has noted that the NZDF, as a military organization, is authoritarian in nature and thus inherently un-, if not anti-democratic. I respect his view but disagree to an extent. Virtually all social organizations are hierarchical in nature–families, churches, private firms, unions, schools, bureaucracies, political parties and yes, the armed forces, police and intelligence agencies. That makes the egalitarian bases of democratic political society unlike virtually all other forms of social organization.

In other words, we are socialized in a hierarchical world and it is democracy as a political form that is the unnatural outlier.

Even so, although hierarchy can and often does tend towards authoritarianism, in democracies social organizations that are hierarchically constructed bow to the egalitarian meta-logic that posits that in their political interactions they are bound by notions of mutual respect, independence, corporate autonomy and non-interference. That is, they practice at a meta-level what they do not at the macro or micro-levels: in their interactions with each other groups forgo the hierarchical disposition that characterizes their internal governance.

This is important because the NZDF field manual that Mr. Hager exposed and whose existence is now confirmed by the government displays an authoritarian mindset and operational perspective that transcends the necessary hierarchy of NZDF organization. The NZDF is not inherently authoritarian because it is hierarchical in nature, but because, if the spying allegations are correct in light of the manual’s language about threats requiring military countering, its leadership displays an authoritarian disposition when it comes to things it finds objectionable, including pesky reporters (I shall leave aside Mr. Trotter’s remarks about military allegiance to the Queen rather than government or citizenry, although I take his point as to where its loyalty is directed and the impact that has on its transparency and adherence to democratic norms).

In sum: Consider what the manual says with regards to subversive threats in light of the well-publicized NZDF attacks on Mr. Stephenson’s professional and personal integrity that resulted in the defamation trial recently concluded (attacks that could well fit within the “counter-intelligence operations” recommended in the manual). Add in the claims by Mr. Stephenson that a senior military officer uttered death threats against him (the subject of a police complaint in 2011 that was not actioned). Factor in the NZDF admission in the defamation trial that it tracked Mr. Stephenson’s movements along with the possibility that the NZDF did acquire and utilize Mr. Stephenson’s telephone communications records in a capacity other than to detect tactical threats to units in theater. Further include Mr. Hager’s findings in his book Other Peoples Wars, in which the NZDF was seen to disregard government instructions regarding its conduct in foreign theaters and collaborated extensively with US intelligence (both military and civilian) in places like Bamiyan in spite of its repeated denials that it was doing anything other than building schools and roads in that province.

The conclusion? In light of this sequence of events it is very possible that the NZDF  has systematically operated in an unprofessional and anti-democratic fashion for at least a decade, and particularly with regard to Mr. Stephenson.

This is a serious matter because it gives the impression that the NZDF has gone rogue (assuming that the governments of the day were, in fact, unaware of the language in the field manual or of the alleged spying). Rectifying this institutional anomaly is important. How to do so is critical.

It is not enough to blame the previous government and retired NZDF commanders for the manual, then excise the offending passage while maintaining that no NZDF records of spying on Mr. Stephenson exist. Instead, the NZDF leadership during this time period needs to be held accountable for allowing anti-democratic attitudes and practices to take root within it and, if need be, action needs to be taken against those who authorized the language of the manual and/or the spying if it happened. Only that way can confidence in NZDF accountability and commitment to democratic principles be restored.

In order for any of this to happen, yet another inquiry needs to be launched. Given the debates about the GCSB and TICS Bills and ongoing concerns about Police and SIS behaviour, that says something about the state of New Zealand’s security community at the moment.

 

 

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CRIB 19

Phil Goff is in the spotlight for supposedly leaking the results of a suppressed NZDF inquiry into the suicide of a soldier in Bamiyan Province, Afghanistan, on April 3, 2012.  From what I can tell, what Mr. Goff has publicly commented about had already appeared in various media, so I do not believe that he leaked any suppressed details.

The inquiry focused on the deployment of the NZDF rotation to Bamiyan known as CRIB 19 (September 2011-April 2012). Besides the suicide, the inadequate training of CRIB 19 prior to deployment to Bamiyan has already been reported (as have complaints about the training of the ill-fated CRIB 20, which suffered five combat deaths in two ambushes). CRIB 19 only had three weeks (rather than five) of training prior to deployment (a 40 percent reduction), with some modules apparently taught on the flights into the theater or upon arrival. The deployment was also abruptly extended from six to eight months. The soldier killed himself in the last month of that extended deployment.

It appears that the NZDF is trying to suppress a full report on the command failures involved. The excuse that CRIB 19 could not receive full training prior to deployment due to RWC duties is laughable and an insult to the public’s intelligence. For example, since rotations to Bamiyan were planned well in advance, does it really seem plausible that those designated for deployment were diverted to crowd control and other logistical support connected to the RWC rather than to combat or at least conflict zone preparations? With a complement of 6000 Army and another 6000 in the Air Force and Navy, could not 100-200 soon-to-be deployed soldiers and sailors been spared RWC duties?

Given that there were/are serious hand-off and hand-on issues involving PRT/NZDF command leadership and personnel changes in foreign theaters, can it be true that the RWC threw a spanner into what was by that decision time an opened and extended international security commitment known locally as a longer tour of NZDF duty and commitment to major ISAF allies?

Put shortly: did successive New Zealand governments commit troops to Afghanistan (and Bamiyan) under false or changing pretenses and then blamed rugby for the contradictions in its policy enforcement?

As an aside, it should be noted that the size of the NZDF PRT contingent grew steadily over the years, from around 50 in the first rotation to nearly 200 in the last. That is one indication of the deteriorating security situation in Afghanistan during the course of the Bamiyan PRT mission. It would also indicate that more rather than less conflict-related training prior to deployment was advisable given the obvious mission creep.

If CRIB 19 personnel were diverted to RWC duties to the extent that their training time was shortened before they deployed into a combat zone and then their deployment was extended by two months without notice and without the usual leave provisions, then that is a command failure. Worse yet, if–and I emphasize that this is only an if–the training time was shortened as a  result of cost-cutting measures undertaken by the NZDF as part of the government’s across-the-board spending cuts, then it was a political as well as a command failure. Whatever the case, the reasons for the shortened training needs to be explicated in better detail than the simple “they were on RWC duty” line.

After all, sending people into harms way without adequate training is nothing short of criminally negligent.

Whatever happened to the disinfectant impact that the light of public scrutiny has on government (and this case NZDF) behavior? If ever there was a need for such light, it is in the case of CRIB 19.

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Who to Believe?

Journalist John Stephenson is a person of high integrity and a strong memory. He does not report anything until he is exactly certain he has the facts correct. Prime Minister John Key has a difficult relationship with the truth and suffers from memory loss well in advance of his age. He responds to unwanted or contrary facts and opinion with derision, distraction or insult.

John Key says that the SAS is in Bamiyan after the dual ambushes of NZDF troops to provide logistical and intelligence support. He initially said that only four SAS officers were dispatched but now admits there could be a couple of others in Bamiyan as well. John Stephenson reports that the SAS are actively engaged in the hunt for those who ambushed and killed NZDF personnel, and that their numbers exceed those offered by the PM.

Given their track records, if I had to take the word of one against the other, I would take the word of John Stephenson.

I also think that it is perfectly fine and natural for the SAS to deploy to Bamiyan after the ambushes. After all, the NZDF has been the lead ISAF force in that province since 2002 so has the best (albeit insufficient) knowledge of terrain, transit routes, local politics and the nature of the enemy. The SAS’s most basic role is long-range patrol, infiltration and surveillance. Thus they are a natural fit for the job of hunting down those responsible for the deadly attacks on NZ soldiers. The hunt for the killers involves but is not reducible to utu or revenge. It is about letting the Taliban know that attacks on the NZDF during the process of withdrawal from Bamiyan will not be tolerated. The Taliban understand utu. It is in fact part of their fighting culture. To not engage the SAS with the purpose of delivering a lethal response would be seen as a sign of weakness and encourage more attacks. Bringing the SAS into the equation reduces that possibility.

The Bamiyan PRT consists of approximately 4 platoons with an engineering and medical complement. The SAS officers deployed after the ambushes likely have assumed command of those platoons in order to sharpen the latter’s respective patrol skills. Although bad for the conventional officers who likely were relieved of their duties in the wake of the ambushes (one of them was seriously injured in the first attack), this is a smart thing to do given the worsening security situation in Bamiyan. It would also not be surprising if SAS enlisted personnel were sent to reinforce those platoons with their sharpened combat skills.

Since all of this is pretty well understood in military circles, the question begs as to why Mr. Key insists with a cover story that is patently bogus. Has his experience as a money trader made him believe that he can bluff, hedge and bluster his way out of every corner?  If so, then his condition is pathological and undermines his mana. After all, what worked amongst the closed community of money traders does not always work in an open society with a critical press and a political opposition looking for cracks in his leadership facade. With John Stephenson as his main counter when it comes to what the NZDF is really doing in Afghanistan, Key is on a hiding to nothing when he persists with his obfuscation on military-security matters.

 

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Drones in our future.

Although I have no technical expertise in the field of unmanned aerial vehicles (UAVs), I have discussed in various fora the military, intelligence, domestic security and political implications of their use now and in the future. The hard fact is that, bad press notwithstanding, UAVs (aka “drones”) are here to stay and will dominate the air space in the years to come. Already the US air force is training more drone pilots than fighter and bomber pilots combined. Ninety percent of what drones do is non-lethal: reconnaissance; surveillance; search and rescue; maritime patrol; signal, thermal, optic and other forms of technical intelligence gathering; geological exploration and terrain mapping–the applications of these types of platform are many and will continue to grow in the years ahead.

The utility of drones is due to a simple calculation: the three “Ds.” They do jobs that are dangerous and/or dirty, and they do them dispassionately. To this can be added the fact that their operational costs of drones are less than those of manned aircraft and they do not expose pilots to the physical risks of flying. That combination guarantees that policy-makers will look to UAVs as the future of military and law enforcement aviation even if manned aircraft remain the bulk of commercial and private aviation for the foreseeable future.

Lethal drones such as the infamous Predators are constantly being refined so that their acceptable Circular Error Probable (CEP)–the chances that a missile fired from the UAV will fall within 100 feet of the target crosshair center–is now greatly increased. Since they loiter at 15,000 feet for up to 36 hours, US drone pilots (who work in 12 hour shifts and who must have experience flying manned aircraft prior to their assignment as drone pilots) spend hours and days watching a potential target before pulling the trigger. The protocols governing the kill shot are quite tight (for example, no shots at family compounds or while the targeted individual(s) is or are in the vicinity of innocents), which contrary to popular opinion has greatly reduced the collateral damage occasioned by drone strikes when compared to the early days of their use.

In fact, manned aircraft continue to cause the bulk of unintended civilian deaths in Central Asia, which most often is the fault of faulty or misleading tactical intelligence on the ground (the use of misinformation by local informants acting for their own purposes has been a major contributor to the unintended civilian deaths caused by air strikes). As a remedy, special forces teams are increasingly being used to track, spot and verify legitimate targets in conflict zones (to include Pakistan, Yemen and Somalia as well as Afghanistan).

Although there have been many protestations about the use of lethal drones (so far the US is the only country to use them in anger), it is interesting to note that Pakistan has never attempted to intercept US drones operating in Pakistani air space even though the latter are slow, not particularly maneuverable and relatively easy to spot by electronic means (the recent downing by Israeli forces of an Iranian drone operated by Hezbollah demonstrates the case).  This is not to say that drone incursions into the sovereign air space of foreign countries are always or even generally  acceptable. What the different responses suggest is that the Pakistanis may not be aggrieved by US drone operations as they claim to be.

To be sure, the US military has tighter protocols governing lethal drones than does the para-military arm of the CIA. That has led to disagreements within the US security apparatus about who should be in control of lethal drones and under what circumstances are they to be used. The president currently has to authorize the CIA strikes, which are mostly directed at suspected jihadis operating in failed states. The military has a bit more latitude in targeting militants or insurgents in Afghanistan and the tribal areas of Pakistan, although all lethal strikes must be authorized by the chain of command. As of yet, that debate about unifying the command and control of lethal drones is unresolved and both the US military and the CIA continue to deploy armed and unarmed drones in foreign theaters using their own set of criteria (which if largely overlapped are not identical).

That is what brings me to the major point of this post: the fact that the legal apparatus governing the employment of drones in the international as well as the domestic arenas is very underdeveloped when compared with the technologies themselves. Already 60 countries employ drones, and domestic security agencies in a host of countries have explored their usage. The US uses them for border control and Coast Guard purposes, and true to form, some police department in Texas is reported to have expressed interest in a lethal version that could also dispense non-lethal crowd control justice from above.

Yet in no case are the legal protocols governing the use of drones in domestic arenas as well developed as are those used by the US military when engaged in foreign conflicts. This is worrying because the potential for abuse is great. UAV technology has outpaced the legislative framing of their fair use not only in undemocratic states but in liberal democracies as well.

New Zealand is not different in this regard. The Army and Navy are exploring drone technologies, as are other non-military government agencies. The Department of Conservation already has deployed a drone for geothermal and geographic research. The police are interested in UAV platforms as a substitute or complement to helicopters and terrestrial patrol vehicles. It is only a matter of time before drones are a regular presence in New Zealand skies, and the Civil Aviation Authority is already being tasked with drafting technical regulations governing their operations.

Even so, the legal structure governing the why, when, how and by who of UAV use in NZ is virtually nonexistent. Parliament appears disinterested in the subject and the agencies who would have the most use for drones have not been particularly proactive in drafting guidelines for their use. It is time that they did.

One reason is because the future of drones is not only in their greater use but in their increasingly varied configurations, to include miniaturization based on developments in nano technology. Consider this gem:

Sent to me by a friend borrowing from an unnamed source, the following blurb came with the photo.

“Is this a mosquito? No. It’s an insect spy drone for urban areas, already in production, funded by the US Government. It can be remotely controlled and is equipped with a camera and a microphone. It can land on you, and it may have the potential to take a DNA sample or leave RFID tracking nanotechnology on your skin. It can fly through an open window, or it can attach to your clothing until you take it in your home. Given their propensity to request macro-sized drones for surveillance, one is left with little doubt that police and military may look into these gadgets next.”

UPDATE: The source for the photo is this: http://www.snopes.com/photos/technology/insectdrone.asp

In light of the implications of developments in UAV technology and the growth in their employment, it seems appropriate that New Zealand confront the legal aspects of said use. New Zealand could, for example, be the first country to prohibit the use of lethal drones either in foreign conflicts or for domestic security (no other country has of yet discounted the use of drones for lethal purposes). Likewise, because there are no regional or international protocols governing their use, New Zealand could try to introduce resolutions in international and regional bodies that would lead to the regulation of UAVs on a broader level. At present the field of UAV operations is basically uncharted, much less regulated, so the opportunity now exists to try to match advances in UAV technology and deployment with advances in the legal architectures governing them.

Since New Zealand has in the past shown initiative and boldness in enacting policy with both domestic and international import, the field of UAV regulation might be another way in with it can demonstrate its fore-sightedness when it comes to areas of universal concern.

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My kid is more important than your kid.

John Key will not attend the funerals of the NZDF troopers killed in action in Bamiyan because he has a prior commitment to attend his high school aged son’s baseball tournament in the US. He says that his son has sacrificed a lot for his dad to be PM and he needs to return the favor.

I do not know what to say. Check that: actually, I do.

Is he elevating his son’s supposed sacrifice above that of the dead troopers he sent into a forlorn war? Is he serious or are the funerals a scheduling inconvenience? Does he not comprehend the gravity of the situation to which he has committed other people’s sons, who have died for the cause he supposedly champions (whatever that is)? Can he possibly not understand that his son’s penchant for a US sport may not be, in the large scheme of things, more important than the loss of life of courageous New Zealanders fighting in a hopeless conflict already abandoned by most Western allies?

Sure, Barack Obama and Julia Gillard do not attend every military funeral for their fallen soldiers in Afghanistan. But the military commitment of both countries far exceeds that of New Zealand and has an explicitly combat role. They both acknowledge that death comes with the commitment. John Key denies that New Zealand has a combat role and is still involved in peaceful reconstruction even though the security situation has “worsened.”

This is a disgrace of the first order.

John Key seems to believe that being a CEO is equivalent to being a statesman and prime minister. He seems to think that other peoples deadly sacrifices are just part of doing business. His bottom line needs no genuflections to the niceties of grief or reconsideration of the rationale of deploying NZ’s sons and daughters in conflict zones. It is all about his “big picture”, except of course when he can use an official visit to watch a high school game in an American sport.

He may claim that family matters most. He has already said as if it was somehow better, that the dead soldiers either had little family or were childless. So perhaps he feels he does not have to front to the funerals of soldiers killed in the worst military incident in forty years because his family priorities exceed his official obligations.

I find his attitude to be despicable and proof that he simply does not understand the full scope of the responsibilities and obligations that come with being Prime Minister, beyond whatever he thinks that being CEO of Kiwi, Inc. entails

This is a spit in the face of the NZDF. It is a dishonor to the fallen soldiers. It shows utter contempt for all the families who grieve.

Note to General Rhys-Jones and the rest of the NZDF brass: he just owned you in a very bad way.

 

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Some questions about the ambush.

It may seem insensitive to ask questions about the ambush that killed two and wounded six NZDF troops in Bamiyan, but I do not trust the government or NZDF brass to come clean on what really happened. They have spent too much time lying about the real security situation in Bamiyan and the real nature of what NZDF troops are doing there and elsewhere, such as during the SAS deployment.

The official story is that Afghan National Directorate of Security (NDS) personnel were ambushed in a village when they went to arrest a suspect, suffered losses, and called for reinforcement from the NZDF. The village is located in a narrow high mountain valley. Four NZDF patrols were in the area and at least two responded, although it took 2 hours for the convoy to slowly climb up to the village. The original story was that after laying down suppressing fire, an NZDF armored vehicle was hit by an “anti-tank rocket,” resulting in one NZDF death, and when the troops dismounted to secure the area another was killed and the others were wounded by  a separate group of insurgents hiding in the surrounding terrain (it is unclear if some of the wounded were injured in the missile attack on the armored vehicle). A subsequent official version states that both soldiers were killed by rifle fire from a distance of 50-100 meters after they dismounted from the armored vehicle. A number of insurgents are claimed to have been killed, and 17 were seen withdrawing from the area carrying their dead and wounded. No enemy bodies were recovered although two insurgents were captured.

My questions are these:

Knowing that the valley was narrow with much high ground cover above the village in question, and given the time it took to reach the scene, why did the reinforcements not dismount, spread out and walk into the fire zone rather than drive all the way in? I say this because a standard guerrilla tactic, which has many variations, is the “sucker ploy” whereby a small ambush is staged on local forces so that the call for reinforcements is made. A second, larger ambush is staged using better cover and heavier weapons on the reinforcements, which in Afghanistan are inevitably foreign. The real target is the reinforcing forces, and faulty intelligence feeds are often used to lure the initial responders to the scene. The idea is to hit the reinforcements hard and disengage as rapidly as possible.

One way of preventing losses to such a sucker ploy is to have infantry dismount away from the point of contact and walk in from a range of 300-500 meters in a spread formation so as to minimize the risk of mass casualties and to provide better coverage of the tactical battle space. This is especially true for theaters in which the enemy uses remotely triggered IEDs as a tactical weapon against armored columns. Such a counter-move is taught as a basic defensive measure in most infantry courses.

One alternative that conventional armies rely on is to have an armored column carrying infantry move in tight on the enemy position, although this is usually an urban rather than rural tactic given tight space constraints and the limited lines of sight involved. It also assumes that the armor in question can withstand small arms fire, to include RPGs, at relatively close range. My question is therefore two-fold: why did the NZDF troops move in so close before dismounting, and what was the “armored” vehicle that was hit (and in fact, was any vehicle hit by “rocket” fire)? If one of the convoy vehicles was hit, what was it? An armored Humvee? An up-armoured Hilux? A LAV? If it was the latter (and I have seen video of NZDF LAVs being used in Bamiyan), what was the nature of the “anti-tank” munition used against it? Or was it hit by an RPG? I say this because one of the biggest flaws of the LAV, should it not be up-armored, is a relatively thin skin which is vulnerable to both RPGs and 50 caliber rounds. That flaw was the focus of much criticism during the debates about the LAV purchase, but the government and NZDF have consistently discounted the apparent vulnerabilities of the platform. Both the Humvee and Hilux, even if armored, are vulnerable to RPGs and large caliber rounds, to say nothing of IEDs.

>>Update: The NZDF have now reported that LAVs were involved and that one soldier was shot while sitting in the roof well position. The other was shot on the ground. There is no updated reports on whether the LAV took incoming small arms or RPG fire. Sanctuary and I discuss the issue of LAV vulnerability to such fire in the first two comments below.<<

Another question is about the report that 17 insurgents were seen leaving the scene, moving towards an area “not under the control of coalition forces” carrying their dead and wounded. First of all, the Taliban do not carry their dead, as that would be suicidal given that it would slow them down and make them vulnerable to pursuing forces or air strikes. Although they do at times carry their wounded, that also slows them down and makes them vulnerable to hot pursuit, particularly if they are climbing away from the battle zone. So why the claim that Taliban dead and wounded were being carried away and why no pursuit?  What does “area not under control of coalition forces” mean? Given that the fire fight was supposedly over in 2-3 minutes according to the NZDF, how were the enemy forces able to escape in full sight of the patrol? Were they fired upon while retreating?

Why was no air cover called in before or after the initial ambush? Since the dead and wounded were evacuated by chopper in a relatively short period of time once the call for help went out, that means that air assets were in the vicinity (there is an airfield at the Bamiyan PRT). Were they otherwise occupied?

From what I gather in the press, this looks like a classic sucker ploy double ambush in which the NZDF was specifically targeted. That no enemy bodies or wounded were recovered, and that no pursuit of the fleeing insurgents was undertaken, suggests that this was a significant tactical victory for the “bad guys” (I presume that no pursuit was launched because the priority was to stabilize the wounded and secure a landing zone for the rescue choppers). It also suggests that there may be some issues with the patrol and response tactics used by the NZDF, particularly if these had been used before and established a pattern of behavior that the Taliban/insurgents could observe and learn from. The patrol in question was in its third month of deployment (the 19th PRT rotation), so questions of experience and local familiarity on the part of the troops involved are fair to raise.

I do not mean to question the actions or valor of the NZDF troops, nor do I claim any superior military expertise. I certainly do not have all of the facts on the ground. I can only speculate on what has been reported by the mainstream press so far. However, I do know a little about irregular warfare and about the tactical nature of that warfare in the Afghan theater. It is for that reason that I ask these questions, which I hope someone in the mainstream press will be courageous enough to ask of the government and NZDF. After all, there is still at least another year to go before the NZDF withdraws from Bamiyan, and whoever conducted this attack is clearly signaling what is in store in the months ahead.

Postscript: In his latest press conference held today Gen. Rhys-Jones stated that the NZDF troops were not specifically targeted, but were fired upon by insurgents protecting a valuable bomb-maker who was the object of the initial NSD search. He claimed that both soldiers killed as well as those that were wounded were dismounted when struck by small arms fire, and that the insurgents engaged in a fighting retreat before air strikes were called in. He asserted that the insurgents “took a battering” even though no bodies are found. This raises more questions even as it answers some of those outlined above. I shall leave it for readers to decide whether to take the General at his good word.

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Leaving Bamiyan.

It looks like the NZDF will pull out of Afghanistan next year, one year earlier than originally planned. According to the government the situation is so good in Bamiyan Province that responsibility for security has been turned over to local Afghan forces and the NZDF has downscaled its armed patrols as it concentrates on packing up. The Hazaris who populate Bamiyan are said to be happy with what the NZDF has done with the Provincial Reconstruction Team and will assist the UN and other international organizations in continuing the reconstruction work once the NZDF has left the theater. According to the NZDF and National government, the PRT experience in Bamiyan has been exemplary and is a model for such military-led reconstruction efforts in other future theaters.

But there appears to be wrinkle in this happy picture. Five Afghan translators who worked with the NZDF have unexpectedly approached Defense Minister Jonathan Coleman during a press junket to the PRT (which also saw MSM types like Garth Bray along for the photo op dressed nattily in body armor while posing in front of dusty military hardware and encampments). They did so to request political asylum. The translator’s approach was unexpected, which speaks to the NZDF not being aware of their intentions in advance of the Minister’s visit (which left him at loss for an answer since refugee issues are not part of his portfolio–not that such subtleties matter to Afghans). That suggests a failure in communication between the NZDF and the people it relies on to convey its message in Bamiyan, which is problematic because since one would assume that the relationship between the translators and their patrons would be close and trusting. That the translators kept their concerns a secret until the Minister arrived speaks to underlying differences between them and the NZDF command in Bamiyan.

The translators claim that they will be harmed or killed once the NZDF leaves Bamiyan. Eh? What happened to that much vaunted security situation? If the NZDF did such a good job and was well received by the locals, why would these men fear for their lives? More generally, did the NZ government give any thought to the post-withdrawal security concerns of its closest Afghan interlocutors? Did the NZDF command in Bamiyan flag any such concerns to the government? If the security situation for allied locals in Bamiyan is not as good as has been announced, did the NZDF or NZ government mislead the public as to the truth of the situation?

The translators want special consideration rather than wait for the UN refugee-granting process to take its years-long course (by which time, if their fears are true, they might well be dead). In other words, the translators want to jump the queue because of their extenuating circumstances. That puts the NZ government in a difficult position. If it denies their claim and tells them to get in line like everyone else, they might die as a direct and immediate result of their association with NZ troops. If they get favored treatment then it opens the government to accusations that it responds opportunistically and plays loose with the rules for granting political asylum.

The government has already caused itself a problem. Minister Coleman, caught off-guard by the request on what was supposed to be an easy Anzac Day-related “meet and greet” with the troops, said that NZ has a responsibility to the translators because of their service to the NZDF. That opens a can of worms, because if NZ grants the translators refugee status on special grounds, that sets a precedent for anyone else in Afghanistan who worked with the ISAF coalition to make similar claims based upon fears for their post-withdrawal security. Cooks, cleaners, drivers, translators, lovers–the list of people who could claim persecuted status based on their association with ISAF is bound to be long. NZ offering asylum to these men consequently becomes a thorny diplomatic issue not only with its ISAF coalition partners (who face the possibility of being inundated with similar requests), but also with the Afghan National Government that is supposed to be capable of guaranteeing security once ISAF is gone.

Whatever the decision on the translator’s request, the episode has raised more questions about conditions in Bamiyan than the NZDF appears willing to answer. One thing is certain. No matter what the outcome someone is bound to be left in the lurch, and that includes the NZ MSM types who failed to realize the full significance of what they witnessed when the translators were introduced to Mr. Coleman.

 

 

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Blog Link: The unspoken election issue.

Given that foreign policy has rarely been addressed in this year’s election campaign, and then only briefly in the form of PR releases and sound bites rather than genuine debate, I used this month’s Word from Afar column at Scoop to point out why that is not such a good thing.

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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.