Category: Terrorism

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Benign Strategic Nostalgia.

It has been interesting to observe reactions to the release of a cluster of national security-related documents by the NZ government last week. They include threat assessments and forecasts, defense capabilities and priorities, and areas requiring upgrades and reform, and much more. Among the issues being considered is one that I have discussed here before, the question of whether NZ, if it is invited to participate, should join “Pillar 2” of the AUKUS agreement between the US, UK and Australia on submarine and related high technology transfers. NZ is not part of the submarine (Pillar 1) component, where the US and UK will begin to rotate nuclear attack submarines through HMAS Sterling outside of Perth in a few years, then help Australia acquire and eventually build nuclear-propelled attack submarines based on US and UK models now in service. Given its non-nuclear status, NZ is not party to that aspect of the agreement although it will eventually benefit from AUKUS submarine patrols off of its Eastern seaboard and EEZ as well as from the improved signals intelligence collection streams these platforms provide to the 5 Eyes intelligence network that NZ is part of through the GCSB electronic intelligence agency.

Pillar 2 is about establishing local high technology defense industry hubs in Australian locations and perhaps NZ. These would focus on developing indigenous and shared quantum computing, cyber security, artificial intelligence and an assortment of signals and technical intelligence capabilities relevant but not limited to submarine warfare and intelligence collection and which could have trickle-down benefits for commercial and other non-military enterprises. These technologies may not be available from other countries, as they a are part of high security collaboration between close military allies. The Australian federal government has already apportioned billions of dollars to several states so that they can engage in Pillar 2-related industrial development, promising to create thousands of jobs and spin-off business opportunities by doing so. Although I do not see why Australian business interests and local governments would want to share the employment and the short-term as well as trickle-down profit benefits of the Pillar 2 pie with non-nuclear NZ, NZ authorities and businesses have expressed an interest in being included in the non-nuclear aspects of the deal.

That is where the reaction in NZ has gotten interesting. Although the specific details of any participation in Pillar 2 have yet to be announced (in fact, everything so far has consisted of vague declarations of interest on the part of the NZ Defense, Intelligence and Security Minister, Andrew Little), there has been a strong pushback from certain sectors of the foreign policy community, including Foreign Minister Nanaia Mahuta, former Prime Minister Helen Clark, and prominent academics such as Robert Patman. They all think that it is a bad idea, and while they offer a variety of reasons, their arguments against NZ participation in AUKUS Phase 2 appear to boil down to three beliefs: 1) trade dependence makes it dangerous to annoy the PRC because of the risk of economic retaliation (since AUKUS is clearly designed to counter Chinese military expansion and influence in the Southern Pacific and beyond); 2) there is moral equivalence between the PRC and US or the PRC is seen as a benign actor when compared to Western imperialists; 3) NZ must remain neutral when it comes to Great Power competition in order to remain “independent” in foreign affairs. All of these assumptions should be tested in any debate about NZ’s potential role in AUKUS Phase 2 (should it eventuate).

Until the specifics of any invitation for NZ to participate in Pillar 2 are outlined in detail, I remain agnostic on the proposition. I can see the benefits but also remain concerned that the nuclear propulsion component of Pillar 1 of the agreement is a violation of the 1997 Treat of Rarotonga that declares the South Pacific to be a nuclear free zone. Contrary to what some may think, the Treaty prohibits not only nuclear weapons but the presence of nuclear power and storage facilities on land as well. That means that AUKUS nuclear maintenance facilities, should they be constructed at HMAS Sterling, will likely be in violation of the Treaty. It appears that by basing the AUKUS subs on an island outside of Perth in Indian Ocean waters, the AUKUS signatories believe that they have circumvented that prohibition, but if one looks at the original maps that are attached to the Treaty declaration one will see that the coastal waters of Western Australia are in it. That means that practically speaking, AUKUS provides a precedent for the forward basing of other nuclear-powered naval vessels in the region, including from the PLAN (e.g. the PRC Navy, but others as well). That augers poorly for the Pacific remaining nuclear-free even if we acknowledge that nuclear submarines, including those that carry nuclear weapons, in all likelihood already transit Southern Pacific waters on a regular basis.

Although arguments by knowledgeable and reasonable people such as Patman are couched in neutral, objective language, there is also an internal political aspect to the discussion. Helen Clark was the PM when NZ signed the first Western bilateral Free Trade Agreement (FTA) with the PRC, which many NZ trade advocates consider to be the “gold standard” of NZ FTA’s. Clark has a personal stake in that agreement, which was expanded by her successor John Key, so she certainly does not want to see her government’s crowning foreign policy achievement undermined by subsequent Labour governments with different perceptions on international security affairs and the role of the PRC within it. Remember that Clark was very much on the Left of the Labour Party before pragmatic centralism pushed her rightwards once she became PM. Remember also that she eliminated the air combat wing entirely when her government renegaded on the purchase of second-hand F-16s from Pakistan that would have replaced the obsolescent A-4 Skyhawk squadron. At first her government starved the NZDF of resources and delayed replacement of ageing equipment (although it accepted delivery of the completely oversized purchase of 105 LAV wheeled armoured vehicles signed by the previous National government, which then were largely kept in storage, deployed in small numbers and/or damaged in accidents and in operations until recent on-sales to Chile. There are still a few dozen left, most surplus to requirements). In fact, in the early days of her stint as PM, she downplayed the need for robust military forces because, in her infamous words, NZ existed in a “benign strategic environment.” That was before 9/11.

Then things changed. After 9/11 the Clark government saw the opportunity to ingratiate itself to the US (after the freeze in security relations occasioned by the 1984 non-nuclear declaration that ended ANZUS) by offering support for the so-called “War on Terror.” Along with disgraced former SIS Director Richard Wood (now still feeding at the public trough as Chair of the NZ Environmental Management Risk Management Authority (ERMA). He is also Chair of the NZ/France Friendship Fund, a nice sinecure for a former ambassador to Paris and Algiers), Clark was front and centre in orchestrating the malicious framing and railroading of Algerian asylum seeker Ahmed Zaoui as an al-Qaeda linked terrorist. Although Zaoui was less dangerous to NZ that any number of Christchurch skinheads, he was imprisoned in a maximum security prison for several years until a team of dedicated advocacy lawyers proved his innocence, including that the SIS under Woods’s direction and at the Clark government’s behalf had lied and produced false evidence of his alleged crimes (the Vietnam “scouting” trip video being the most ludicrous of them). She also ordered the NZ intelligence community to focus its resources on the anti-jihadist crusade in Aotearoa and elsewhere (which may well have included NZSIS complicity in the US extraordinary rendition and black site operations against suspected al-Qaeda terrorists and supporters, the details of which remain suppressed), and to top things off attempted to use the newly-minted powers of the Terrorism Suppression Act (TSA) to arrest and jail the so-called Urewera 18 band of leftists and Maori sovereignty activists (charges were dropped against all but four defendants, and the remaining were convicted of minor weapons charges after years of costly litigation, as had been the case with Zaoui).

Terrorism became the foil for Clark’s turn to security toughness even if the jihadist threat, both before and after 9/11, has been more talk than walk (no Muslim has been involved in an ideologically-motivated violent attack in NZ before or after 9/11. The 2021 supermarket stabber was, as I have written before, a lonely and homesick mentally ill person with a blade fetish and no effective counselling support, not an ideologically committed extremist). Sensing the tenor of the times, Clark dropped her progressivism on both domestic and foreign policy issues and turned rightwards out of political expediency (remember her opposition to cannabis legalisation while in office? She now supports it), thereby setting the stage for a change in NZ’s security perspective and assessment of threats.

At the same time she was polishing her anti-jihadist bonafides on the back of an innocent man and settling scores with pesky activists, she authorised NZDF deployments to Afghanistan and Iraq (even while not formally supporting the US-led invasion of Iraq in 2003). Not all of those deployed, shall we say, were NZDF engineers, and those deployments turned into a longer-term engagement in both countries that did not end until the end of the 2010s/early 2020s. In the end both countries reverted to form once the NZDF vacated the premises, leaving as a result 10 dead soldiers, several more wounded, credible accusations of war crimes and a cost of millions of dollars.

The turn towards revitalising ties with Western security partners began with her government. Under her watch NZ negotiated the core of the bilateral Wellington and Washington Agreements on US-NZ defense cooperation (later signed into force by her successors). NZ also deepened its ties within the 5 Eyes signals-technical intelligence network involving Anglophone partners. That makes it pretty rich of her to now claim that NZ has become too ensnared in the 5 Eyes “vice” and has adopted too much of a Western-centric security perspective. In fact, it appears that beyond her obvious hypocrisy, Clark has returned in retirement to her lefty roots in order to burnish her tarnished progressive credentials with certain domestic and foreign audiences. But that does not make her right when it comes to NZ’s national security and contradicts her actions on the security front while in office.

Beyond her personal foibles, the Clark interjections in current NZ security debates is evidence that she clearly is out of the loop when it comes to current NZ intelligence and defence threat assessments, but more importantly, is more proof of a significant fracture within Labour Party circles (the domestic aspects concerning tax policy and other issues having already become public). For example, Foreign Minister Mahuta has been demoted within Cabinet and appears increasingly confined to ceremonial roles rather than substantive engagement with foreign policy formulation. Minister Little has clearly assumed a dominant role in foreign policy decision-making as well as in security affairs, having repeatedly stated that NZ “no longer operates in a benign strategic environment” in a pointed message for Clark to pull her head in (and to be sure, the rightward drift in Labour after Jacinda Ardern’s tenure as PM is palpable this election year).

He, of course, is objectively correct on that score. NZ has to adapt its strategic posture to the times, and these times are not those extant during Clark’s tenure as PM. She and like-minded others need to stop living in the past, clinging to outdated notions of foreign policy “independence,” and treating the PRC as a benign global actor. As I have written before, NZ operates with bounded autonomy in our foreign affairs, something that gives it flexibility but which does not allow it complete freedom of choice or action when it comes to things like Great Power competition. But for NZ to be flexible in light of existing constraints, it must clear-eyed about what is and what is not in its medium to long-term interests. That is because in these fluid transitional times re-shaping the increasingly multipolar global order, trade opportunism is just a short-term solution, especially when it runs counter to longer-term international security trends.

If I were to be charitable, I would simply say that Clark and her fellow travellers need to understand that the PRC of 2008, when the FTA was negotiated, no longer exists. Gone is the relative openness and transparency of the CCP regime led by Hu Jintao and in its wake has risen the repressive and expansionist regime led by Xi Jinping. Clark and others may wax nostalgic for a past where the PRC would adopt liberal internationalist principles when it comes to foreign affairs and join the community of nations as a democratising Great Power, but that sadly has not happened. Instead, Xi has consolidated his grip on power, increased authoritarian powers against civil society, moved to culturally extinguish restive minorities like the Uyghurs, and de facto annexed Hong Kong while sabre-rattling against Taiwan and usurping the maritime territory of its littoral neighbours around the South China Sea. All while expanding its military capabilities (including its nuclear arsenal) and conducting global political influence (United Front) and espionage campaigns that include large-scale as well as focused cyber intrusions, intimidation of diaspora populations and industrial-size patent and copyright theft. That in turn has reconfigured the threat environment in which NZ is situated. The recently released package of NZ security documents pointedly make reference to these facts, among other things.

Even if we agree that rising Great Powers like the PRC have to do what they have to do when it comes to expanding their power, and recognising that Western countries have done similar things and worse well up to the recent past, it is nevertheless clear that the PRC is not operating as good international partner on all fronts, and that its behaviour is very much inimical to the rules-based order that NZ professes to uphold in the international system. In fact, the PRC under President Xi explicitly rejects the premise of liberal internationalism citing, perhaps at least partially correctly, that the international institutional status quo was built by and for Western imperial and neo-imperial powers and their allies, not for the Global South.

In that light AUKUS may not be the solution to the changes in the South Pacific strategic landscape and in fact it might make things worse if it serves as a precedent for the erosion of its non-nuclear status and catalyst for further militarisation of the region. But resorting to knee-jerk objections based on a rosy vision of some ethereal past does not help advance the debate about where should NZ situate itself in the equation and what moral, ethical, and practical utility AUKUS rests upon, especially since as far as the AUKUS partners are concerned, it is a fait accompli whether NZ is involved or not.

In that light, assessments and arguments based on nostalgia for a benign strategic past where issue-linkage could be abandoned and trade and security could be decoupled now seems naive at best and foolhardy at worst. But then again, I do not have skin in the game when it comes to past foreign policy decisions that have, in a path-dependent way, led us to where we are today.

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Gamers, terrorists and spies.

For the better part of the last decade analysts have warned about the use of online interactive action games as a recruiting ground for white supremacists and neo-nazis (and to a lesser extent jihadists). The use of Crusader and modern Western military imagery in battles with dark skinned enemies facilitated the recruitment pitch, which given the subject material is mostly targeted at teenaged and young adult men. The policy implication of these warnings is that intelligence agencies, specifically signals and technical intelligence agencies such as those grouped in the Anglophone 5 Eyes network, need to devote resources to monitoring online gaming communities for signs of extremists and their attempts at expanding their ranks via the internet as well as formulating actual online plots to commit acts of violence.

Unfortunately most of these warnings went unheeded and continue to largely be ignored. Government intelligence agencies such as those grouped in the 5 Eyes have myriad threats and many other priorities to address besides online extremists using gaming as a recruitment portal. This has left a gap in their coverage of what is now a full fledged digital community of hate. This community does not just have gaming as a vehicle. It also includes chat and noticeboards like 4Chan and 8Chan, Reddit, Discord and other on-line communities that under the mantle of “free speech” cater to extremist viewpoints. Sadly, that attracts advertising revenue from those seeking to profit from hate and violence, be it via the sale of “hunting” weapons, uniforms, military insignia, survival gear and other para-military outfitters or publications and entities that promote ideological agendas that dovetail with the views of these types of online communities (think Voice for Freedom or Counterspin Media as NZ examples). Equally sadly, in spite of the efforts of the Christchurch Call and various advocacy groups, a majority of technology companies are loathe to self-police when it comes to issues of “free speech,” much less provide client data to security agencies in all but the most dire and pressing of circumstances.

This brings us to the subject of the recent leaks of highly classified US intelligence reports by a Massachusetts Air National Guard service member serving as an enlisted cyber transport system journeyman. In that capacity, 21 year old Airman First Class (E-3) Jack Teixeira of the 102nd Intelligence Wing of the Massachusetts Air National Guard headquartered at Joint Base Cape Cod on the site of Otis Air Field was responsible for maintaining cyber security for the Wing. In order to discharge his duties Airman Teixeira very likely was granted a Top Secret/Sensitive Compartmentalized Information (TS/SCI) security clearance that allowed him untrammelled access to what is known as a “SCIF,” a tightly secured room or building in which both paper and digital records are stored. He also had authority to visit off-station secure sites such as the Special Operations Command and other military intelligence units as part of his official duties. The US government refuses to comment on the matter of his clearances and how he obtained them pending his trial.

Using his access, as early as February 2022 Airman Teixeira began to transcribe and leak information from highly classified documents to a group of about 50 online gaming enthusiasts that were grouped in a Discord channel called “Thug Shaker Central.” He also is reported to have leaked to a larger Discord group and to forums on 4Chan and Reddit. Among these groups were a number of foreign nationals, including Russians. Two common aspects of the channels he leaked to is that they had weapons, uniform and military paraphernalia fetishes and trafficked in white supremacist, anti-Semitic, anti-Muslim, racist and misogynist narratives, with Teixeira himself now being exposed as adhering to those beliefs. The only thing missing from the profile of the gamer guys Teixeira consorted with is the label “Incel,” as in iInvoluntarily celibate. I am not sure about the others but Teixeira certainly seems to fit that bill.

At first his transcribed leaks received a lukewarm response from his (mostly younger) audience because they were pages long and covered a broad range of subjects, from details on the Russian-Ukranian War, Chinese satellite warfare plans, Taiwanese defence preparedness, Egypt’s flirtation with selling arms to the Russians, US eavesdropping on South Korean communications and much, much more. After a while, when he realised that many of the group members he was trying to impress were simply not reading his “nuggets,” he began to photograph and download the documents themselves. The would prove to be his undoing.

Transcribing the documents gave him plausible deniability because the decontextualised words (i.e., no identifying markings) could have been sourced by many people from many SCIFS. But his associates were all young male gamers who are highly visual in their information-processing, so paragraphs of words without pictures soon turned boring for them. Hence, in order to keep their attention spans focused on his “nuggets” and therefore affirm his status as leader of the Thug Shaker Central group, Teixeira needed to go digital. Once he did and the documents appeared on-line with official markings like TS/SCI and NOFORN (“No Foreign” distribution), then the counter-espionage crowd in military intelligence, the FBI and the National Security Agency (NSA) could get to work tracking him down. However, there was a twist to his uncovering. As it turns out it was the New York Times digital investigations team that first saw the documents online. Then the Washington Post was alerted to their presence. After tracing their IP addresses and social media accounts linked to them, these outlets contacted members of the Thug Shaker Command, who confirmed the legitimacy of the documents and how they came to be online. At that point the journalists contacted the US government for comment and the hunt was on. Teixeira was captured within a couple of weeks and is now awaiting trial. He faces a lengthy prison sentence and possibly a death sentence under federal espionage and treason laws. Others might find themselves arrested as well. As it stands, two commanders of the 102nd Intelligence Wing have been stood down over the breach.

Several questions have been raised as to how and why he could have been granted a high level security clearance and given so much access to sensitive information. There are also questions raised about why the chat rooms he was involved with were not being monitored by the relevant authorities and why a seemingly obscure Joint Base at an otherwise relatively quiet tourist destination be a place where deep secrets of all sorts are stored. Allow me to answer at least some of them and draw some comparisons with my own experience.

Because of the nature of his job, Teixeira required high level clearances. He comes from a Portuguese-American military family and was two years out of high school when he joined the Guard. This mitigated in his favour because it appears that he was security vetted by a contractor working for but not by a US government agency. Edward Snowden underwent the same process and we have seen how that turned out. In this case the Discord leaks are far more serious both in terms of the breadth of the subjects covered–there are more than 500 documents in the tranche realised so far- and the depth of the exposure, which includes revelation of “sources and methods.” It is not surprising that the US government has gotten rigorously quiet on the matter. Moreover, Snowden gave his purloined data files to investigative journalists and perhaps the Russian government. Teixeira put them online, where they spread from closed groups to open forums.

His family background growing up in a well-established middle class Portuguese-American community (many of the people in that part of Massachusetts and Rhode Island are descendants of Cape Verdean whalers) and his young age would have suggested to his security vettors that he had no “baggage” that could compromise national security. If they were contractors as I believe they were, he likely wouldn’t have undergone the background checks that I underwent in the 1990s by the Defense Intelligence Agency, which included polygraphs, interviews with family, friends from Argentina all the way to that current moment, work colleagues, undergraduate and graduate student peers, even my ex-wife (not surprisingly, she had little good to say about me). I was asked about my sexual preferences, political beliefs (especially whether I had ever been a member of a Communist Party), vices (gambling, alcohol, drugs, prostitutes), financial situation (especially debt) and numerous other deeply personal matters. The main concern then was two-fold: whether I could be trusted with sensitive material, and whether I could be blackmailed. My ex-wife’s opinion notwithstanding, it turns out I was pretty milquetoast as far as applicants go.

It is unlikely that a contractor would go to such lengths to establish Teixeira’s background given his age and personal life, although the apparent ignorance of his gaming activity and the fraternity of gamers that he associated with was a major lapse on the part of both the vettors as well as US signals and military intelligence agencies. However, even if he had undergone the more rigorous DIA background checks (which still exist), it would have been unlikely that, other than the gaming angle, there would have been anything alarming on his record unless he had been arrested on felony charges. He had not been. From the contractor’s point of view it made sense to go lightly on his background check, using police and FBI records and perhaps some interviews with family and friends. Since neither US intelligence agencies or the military looked into his social media and gaming profiles, there were no red flags to which the vettors could have been alerted, and they clearly did not do that sort of due diligence themselves.

The use of security vetting contractors became common place after 9/11 as the US sought to expand its intelligence networks and analyses against non-State global irregular warfare actors as well as “traditional” adversaries (and friends!). The DIA and smaller intelligence and security vetting units simply could not handle the volume of security checks required by the thousands of new hires in the intelligence-security field. There are now over 1.5 million people in the US with “Top Secret” security clearance and another 3 million with “Secret’ clearances. The solution to the overwhelming demand for background checks was to farm out the vetting to private firms with experience in the field, such as private investigation agencies or firms specifically set up by former security officials to do security vetting as their bread and butter. However, the profit motive often leads to cost-cutting when it comes to the more laborious features of the vetting process, so many firms took the cheaper way and cut corners in that regards. Investigation into the Snowden leaks uncovered that the process by which he was granted high level clearances was flawed and incomplete. It looks like the same may have happened with Airman Teixeira.

Remember that the military is a young person’s business. They do most of the killing and they are the ones who mostly die. Gaining security clearances at a young age is quite common in the US military, especially for specialised units and more so for intelligence units. Teixeira’s age was therefore not a disqualifying factor per se and again, was likely seen as a good justification for quick granting of his clearances.

What about the unit to which he was assigned? Why would it have access to such a broad array of highly classified information? The answer is that the 102nd Intelligence Wing is a renown unit with many important responsibilities. Among them, Teixera’s assigned subordinate unit, the 102nd Intelligence, Surveillance and Reconnaissance Group, processes signals and technical intelligence from U-2 spy planes, RQ-4 Global Hawk and MQ-9 Reaper drones and supports the National Geospatial-Intelligence Agency (from which satellite data is collected). These platforms conduct operations all over the world but specifically over Ukraine in support of the Kiev regime. Some are reported to deploy from Otis Air Field. That means that the SCIF at Joint Base Cape Cod is an integral component of US global intelligence collection activities and the US effort to support Ukraine, which justifies the presence of highly sensitive intelligence in it.

Teixeira also travelled to other SCIF sites and had opportunity to copy classified intelligence from them as well as from his home base. If he did it obviously violates his secrecy oath and sets him up for a number of serious charges. The question is whether he did so just to impress his gamer friends, or for money, or for some ideological reason. The answer is as of yet unclear. The dominant train of thought is that he is an immature young man trying to impress other younger immature men with his “insider” status as one of those who know secrets. He clearly did not do so for money. But his darker comments about race, aspects of US government policy and Russia, much of it in line with the MAGA/QAnon narrative, could point to an ideological motive. Whether that be hatred of the Deep State and Democrats or support for Russia has yet to seen.

I should point out that in my case I was sworn to not only never divulge the TS/SCI material that I handled, but also to not talking or writing without prior authorisation about the classified aspects of my government jobs for twenty years after I left public service. Anything that I did want to write or talk about in my post-government career needed to be cleared by the Defense Department, DIA or intelligence agencies that I worked with, and I was informed that anything that involved ongoing operations or assets still alive or in service would be redacted from any material I wanted to use. There were serious penalties for removing classified material from the SCIFs that I worked in (Unauthorised removal of Classified Material), and much worse, for deliberately removing classified materials in order to hand them to a third party, whomever that may be (Espionage). It will be hard for Airman Teixeira to argue that his actions were unintentional rather than deliberate, and given who were among the groups that he leaked to, it might find him facing espionage charges. The situation does not look good for him.

Whereas what attention has been brought to the online gaming community by the security agencies has focused on rightwing extremism and terrorism, it is clear that the espionage and counter-espionage aspects of interactive digital forums needs to be factored in as well. To that expansion in the scope of cyber-intelligence operations must come a thorough re-appraisal of how security background checks are conducted on people applying for high-level security clearances. This is not just a US problem. There have been enough lapses in NZ security background checks to warrant a review of current SIS procedures and processes for vetting applicants, with or without the help of consultants. Currently non-citizens can get a high level clearance if they pass the SIS checks, but here too at least some of the vetting has been contracted out to private firms (including one that was led by Michelle Boag, of all people). The issue of citizenship aside, there is enough historical evidence to suggest that the SIS (as the lead agency when it comes to security clearance vetting and background checks) might be wise to commission an independent review of its vetting procedures and operations.

Some may remember the case of the Walter Mitty-type fraudster named Stephen Wilce, the guy who claimed to have been a member of the British Olympic bobsledding team and a former SAS trooper who served as Head of the NZ Defence Technology Agency and Chief Defence Scientist from 2005 until he was exposed in 2010. He held very high level security clearances, handled very sensitive defence information and yet was vetted by an outside firm hired by the SIS. One would have thought that they might have looked up the roster of the British bobsledding team in the 1980s when he claimed to be on it, but apparently that was too much to ask. Makes one wonder where Mr. Wilce is now.

I mention this anecdote because the cyber world has opened up a whole new frontier when it comes to security and intelligence. Preventing breaches and leaks has become both easier and more difficult. Easier because the technological means to detect early online threats is greater than in previous decades. Harder because security threats have multiplied along with advancing technologies. What is needed is a proactive strategy of cyber-vigilance in conjunction with tightened requirements for background checks on those handling classified information, including monitoring social media for evidence of online extremism. Although much has been said about how the NZ Police and intelligence community are dedicating significant resources to doing so, it is telling that the Police Commissioner admitted that his agency was caught off-guard by the online planning of the Parliamentary protests last year, and in fact were unaware of the convoys that were organised via various well-known messaging applications to descend on Wellington. By the time the Police realised the size of the protest, the protestors were already setting up camp on the lawns and streets surrounding the Beehive.

Meanwhile, with that note of caution out of the way, can we all say “AI?”

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A Note of Caution.

The repeal of Roe vs Wade by the US Supreme Court is part of a broader “New Conservative” agenda financed by reactionary billionaires like Peter Thiel, Elon Mush, the Kochs and Murdochs (and others), organised by agitators like Steve Bannon and Rodger Stone and legally weaponised by Conservative (often Catholic) judges who are Federalist Society members. The agenda, as Clarence Thomas openly (but partially) stated, is to roll back the rights of women, ethnic and sexual minorities as part of an attempt to re-impose a heteronormative patriarchal Judeo-Christian social order in the US.

Worse, the influence of these forces radiates outwards from the US into places like NZ, where the rhetoric, tactics and funding of rightwing groups increasingly mirrors that of their US counterparts. Although NZ is not as institutionally fragile as the US, such foreign influences are corrosive of basic NZ social values because of their illiberal and inegalitarian beliefs. In fact, they are deliberately seditious in nature and subversive in intent. Thus, if we worry about the impact of PRC influence operations in Aotearoa, then we need to worry equally about these.

In fact, of the two types of foreign interference, the New Conservative threat is more immediate and prone to inciting anti-State and sectarian violence. Having now been established in NZ under the mantle of anti-vax/mask/mandate/”free speech” resistance, it is the 5th Column that needs the most scrutiny by our security authorities.

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Chinese influence and American hate diffusion.

Over the last decade concerns have been raised about Chinese “influence operations” in NZ and elsewhere. Run by CCP-controlled “United Front” organisations, influence operations are designed to promote PRC interests and pro-PRC views within the economic and political elites of the targeted country as well as Chinese diaspora communities. The means of doing so is transactional and convertible by cash. United Front organisations put money and operatives into the local political system exploiting loopholes or laxities in political finance laws and candidate selection processes, and buy majority ownership of or board membership in strategically placed local firms. This greases the skids for more “Chinese-friendly” perspectives in economic and political decision-making circles.

In parallel, local Chinese language media (both Mandarin and Cantonese) are purchased and their editorial orientation turned towards the CCP party line. This ensures that dissenting opinions are eliminated from outlets that cater to newer Chinese language immigrants, something that, for example, is evident in the coverage of Hong Kong over the last few years. Along with outright intimidation campaigns directed at critics, dissidents and so-called malcontents, this ensures that what is presented to local native and expat populations about China is what the CCP wants it to be. With large scale (now temporarily suspended due to Covid restrictions) immigration of CCP-approved or affiliated mainlanders on student and business visas and the emergence of ethnic Chinese lobbying groups, this ensures that pro-PRC narratives come to dominate how it is spoken about in targeted countries.

The practical goal is to present homogenous and uniform pro-CCP views among expat communities and to re-orient local elite perspectives and material interests towards a more China-friendly position, both in terms of international affairs as well as Chinese domestic politics. The broader strategy is to use the “Achilles Heel” of liberal democracy–freedoms of expression, association and movement–to subvert democratic societies from within. The approach is top-down and largely elite-focused, but has trickle down effects throughout the targeted society. Most importantly, it works. One only has to look at the wedding of NZ political and economic elite interests to those of Chinese agents and entities to understand why. Think Don Brash, John Key and Jenny Shipley as poster children for that type of unholy union, but Labour has, shall we say, some baggage of its own in this regard.

However, there is another malign foreign influence operating in NZ as well as places like Brazil and Italy. It arrives as a type of cultural or ideological diffusion and it is propagated by US-based non-state political actors like Steve Bannon and his Counterspin media channel as well as the Qanon conspiracy network, Alex Jones and Infowars plus assorted other alt-Right and neo-fascist outlets channeling anti-government and anti- “Deep State” views of the likes of the Proud Boys, Oathkeepers and Three Percenters. Rather than the top-down and elite-centric approach adopted by Chinese influence operators, US cultural-ideological diffusers use “alternative media,” direct marketing (such as by distributing leaflets and cold calling with false information) and social media (including using political blogs, fake websites, plus trolls and bots on large platforms) to exploit pre-existing social fault lines and amplify newer divisions in a targeted society. In doing so they copy and adapt Russian (and now Chinese) psychological operations models of disinformation, misinformation and false-flagging. They prey on gullibility, ignorance and/or hate and their currency is rage: rage born of frustration with life opportunities or personal grievance; rage against institutions and processes (i.e. the “system”), rage against past injustices and/or modern offences or slights; rage against assorted ‘others” challenging status and privilege; outrage at offences big and small–the sources of rage are both individual and collective and with enough coaching and channeling can be marshalled into a powerful force for good or evil. Cultural-Ideological diffusers such as Bannon travel on the dark side.

The approach is bottom-up and grassroots in orientation, and works along what Gramsci called the trenches of civil society to push a counter-hegemonic notion of “good sense” against the hegemonic conception of “common sense” purveyed by the mainstream (elite-controlled) media. These trenches include social movements as well as social institutions in which historical and contemporary grievances can be combined into a civil resistance front.

In the contemporary NZ context, that means uniting anti-vaccination/mask/lockdown sentiment with anti-tax, anti-environmental, anti-1080, Christian conservative, libertarian, gun-rights and assorted other rightwing views as well as outliers like Maori sovereignty proponents. To cultivate grassroots resistance it uses local activists as well as “Astroturf” entities such as the purportedly farmer-led group known as the “Groundswell Movement,” which in fact is a creation of the urban rightwing (and National Party-aligned) Taxpayers Union. The rhetoric of cultural-ideological diffusion protests is imported to a large extent and at times seemingly at odds with local issues: witness the proliferation of Trump and MAGA-supportive references amongst current anti-government demonstrators. More worryingly, unlike most of the NZ protest movements of the past, the rhetoric and actions of local protestors influenced by cultural-ideological US agitators is tinged with overt hints of violent punishment, retribution and revenge against the government, “liberals,” and even the mainstream media (which if anything has shown itself to be largely uncritical and mild Fourth Estate that is mainly interested in generating clicks or viewership based on controversies-of-the-day and scandal). References to NZ authorities as Nazis deserving of Nuremburg-style trials lend an ominous tone to the recent exercises in civil rights, to which can be added the open displays of racist, misogynist and neo-fascist sentiment among those involved. That may be a more “natural” form of discourse for a deeply polarised country like the US with a long record of political violence, but it has no organic roots in NZ’s otherwise vigorous culture of civil disobedience and public protest.

Less the smorgasbord approach to forming anti-government movements seem hopeless as a political strategy or praxis (and hence dismissible), the key to its success is to use cultural-ideological diffusion tactics to create a temporary coalition of convenience, not a long-term alliance. It’s immediate purpose is to sabotage the government from without, not undermine it from within. It uses contemporary political conflicts such as the debate about pandemic mitigation to sow social and political division while exploring the same Achilles Heel as do the Chinese influence operators (the freedoms of speech and protest in particular). Ultimately, its long-term end is similar: to undermine public faith in the liberal democratic system as given in order to impose a more authoritarian order of some sort. But for the time being, the focus is on the short-term: sow unrest, promote sedition and usurp authority using social media to import US-sourced cultural-ideological framing of “wedge” issues in order to do so.

Gramsci of course wrote thinking about Left political praxis in Mussolini’s Italy, so there is a certain irony in the adoption of his thought by the likes of Steve Bannon. But that is part of why Bannon is an evil genius: he knows what works and does not care from where good strategic ideas come from.

Not surprisingly local security “experts” have jumped up to state the obvious that things might get violent if the anti-government rhetoric continues to escalate along the lines mentioned above. Raising public consciousness of this possibility is a good thing. More helpfully, the NZ intelligence community has warned that a terrorist attack is possible within a year or so and that it will likely come in the form of a “lone wolf” emerging out of the anti-vaxx/mask/lockdown movement (although the process of radicalisation and likely profile of such an individual has not been specified). The media is covering itself as a target of extremists because some of its members have been threatened by anti-government bullies, and politicians, with good reason, are increasingly concerned about their security given the vitriol directed at (some of) them. While it is laudable to focus attention on the security threat angle implicit in recent protests, a deeper understanding of the methodology and mechanics of cross-border non-State cultural-ideological diffusion is in order, especially when it is subversive in intent. Unless one understands what the likes of Bannon want to do when directing their malevolent gaze on Aotearoa and who are the most susceptible to the entreaties of their perverse siren song, then all that can be done is to react to rather than pre-empt whatever harm is headed our way.

Our security authorities need to be cognisant of this fact, but as a stable and largely peaceful society, so do we.

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The supermarket stabbing spree was not a terrorist act.

Blood had not even been mopped up from the floor after the supermarket stabbing spree when the prime minister strode to the parliamentary theatre podium and declared it to be an act of terrorism committed by an individual following an extremist ideology. Within minutes of her pronouncement the media sped to get reaction to the event. I declined nearly a dozen interviews in the first day after it occurred because I did not want to speculate on an ongoing investigation, but the terrorism studies industry jumped into action and joined the bandwagon labeling the stabbings as an act of terrorism committed by a “lone wolf,” followed by cheerleading the official line arguing that the powers of the State needed to be expanded so as to include acts of preparation and planning along with actual crimes of ideologically-motivated violence in the Terrorism Suppression Act (TSA). That several of the critically unreflective media-ordained “experts” who featured over the following days are associated with research centers that receive government (including security community) funding does not appear to have given a second of pause to the media booking agents.

I have written about terrorism on and off for 30 plus years. I have written about it in professional journals and on this blog. In a previous life I was involved with the counter-terrorism community in the US as an analyst and part of contingency planning and profiling teams, and more recently have consulted with various entities about the phenomena. I believe I have a pretty good idea of what terrorism is and is not. Because of this I would like to outline some basic facts and offer a brief defense of why I do not believe that the supermarket stabbings were terroristic in nature. I am a minority voice swimming against the current of official discourse, but have confidence in my view on this matter and ask that readers please consider what I write below.

There are several forms of terrorism. These include state terrorism (the most common form), where a State terrorizes its own people or other targets; state-sponsored terrorism, where a State uses a proxy to commit acts of terrorism against an enemy or its core interests (think of the Iranian relationship with Hamas or Hezbollah, or—dare I say it–the Saudi relationship with al-Qaeda); non-state terrorism, including criminal (for example, Mafia) and ideological terrorism perpetrated by non-state irregular warfare actors (al-Qaeda, Daesh, the IRA, Sendero Luminoso in Peru, Mano Blanca in El Salvador or “Triple A” in Argentina). The list is extensive and covers the entire ideological spectrum. The bottom line of non-state ideological terrorism is that it must have an explicitly political focus—it has a political end or endgame in mind.

There is also terrorism committed during war time and terrorism that occurs during peace. War terrorism is mainly a sub-set of state terrorism but is also found in irregular warfare. The fire-bombing of Dresden had little military purpose but was designed to have a psychological impact on the German population. Likewise, the nuclear bombings of Hiroshima and Nagasaki were done not so much because of the military importance of these targets but because of the psychological impact that a single bomb annihilation of a city would have on the Japanese. In both cases the purpose was to terrorize, not gain a military advantage per se. Likewise, beheadings and other atrocities committed by jihadists do not improve their military positions but do have a psychological impact on those who are witness or subject to them. Terrorism during peace are those that occur outside of recognized (declared or undeclared) conflicts. Again, this includes terrorism by the State against dissidents and criminal terrorism against authorities or non-compliant members of the public. As of 9/11, the focus has been on non-state ideological terrorism even if the specific ideology behind many acts of terrorism has shifted over time.

Terrorism can involve large-scale mass attacks or small cell and solo operator (“lone wolf”) attacks. The tactical logic at play is to commit acts of seemingly random and disproportionate violence against soft targets with the purpose of instilling fear, dread and a sense of powerlessness, if not hopelessness in the population. As I wrote professionally more than two decades ago, the terrorist seeks to atomise and infantilize the social subject so as to isolate and paralyze it in the face of the perpetrator’s actions. That facilitates surrender or acquiescence to the terrorist will.

Terrorism has a target, subject and an object. The target are the immediate victims of a terrorist act, the more vulnerable and helpless the better. The subject(s) is the wider audience, including the public, government and even sympathetic or like-minded groups and individuals. The object is to send a message and to bend the subject to the will of the perpetrator, that is, to get the subject(s) to do or not do something in accordance with the perpetrator’s objectives and desires.

Having said all of this, by way of illustration let us run a comparison between the Christchurch attacks and the supermarket stabbings.

The Christchurch killer meticulously planned over at least 18 months an act of mass murder, stockpiling weapons and ammunition in order to do so. He did so in secrecy and without drawing attention to his actions (or so the Royal Commission of Inquiry would like us to believe). He displayed cunning, situational awareness and observed operational security as he counted down to the attack date, which was chosen for its historical significance (the Ides of March). He wrote a lengthy manifesto detailing his ideological views and reasons for committing the attacks. As believers gathered in houses of worship on a day of prayer, his targets were highly symbolic and chosen after considerable observation and research. The acts of mass murder were carried out in a cold blooded, calculated, methodical manner, live streamed on social media and eagerly shared by his co-believers world-wide. After capture, he was determined to be sane if narcissistic in personality and interviews with those who knew him prior to March 15 said he exhibited no signs of mental illness. In fact, even though a foreigner, he had friends and socialised normally (I use the last term neutrally as opposed to differentiating between so-called “normal” and “abnormal” or “unusual” conduct).

Now consider the supermarket stabbings. By way of a broad summary, let’s note the following. The perpetrator—I will refer to him by his suppressed identity “Mr. S”– had been granted refugee status in NZ after leaving Sri Lanka in 2011 (he was Tamil) and yet for years had publicly spoken of his desire to kill infidels and his hatred of the West. He was said to be lonely and homesick, with few social contacts in NZ. After being arrested in 2015 he was assessed as being depressed, subject to wild mood swings, prone to violence as a result of having Post Traumatic Stress Disorder stemming from experiences as a Tamil in his homeland. He had come to the authorities’ attention by openly posting jihadist supportive rants online, making threats to others (including muslims) on social media, and for seemingly preparing to wage jihad in NZ or abroad. When searched his flat contained violent extremist literature and videos and hunting knives. After being arrested while trying to leave NZ on a one way ticket (which the authorities believe was to be a journey to the killing fields of Syria), he was bailed and promptly went out and bought an exact copy of a knife that had been confiscated from him, apparently from the same store that he had bought the first one. He was then re-arrested and charged with possessing an offensive weapon (charges later dropped) and with posessing objectionable materials in the form of jihadist literature and videos. 

When in court he railed against the injustices done to him, threatened the judge and openly spoke about his desire to do harm to others. But, because his refugee status was being disputed, further cases against him were pending and he had served three years already while waiting for and then during trial, he was sentenced to community supervision for a year, then released on July 16 and bailed to a mosque that, as it turns out, did not have its own Imam but did have a bed. He was ordered to undergo psychiatric evaluation but refused to do so and was never forced to comply. Then came Friday Sept 3.

Rather then the culmination of months of meticulous planning and preparation, that day we saw a spontaneous act of white hot rage (which makes suggestions that strengthening the TSA to include acts of planning and preparation would have prevented the attack utterly ludicrous). He grabbed a knife off a shelf and started stabbing other shoppers (who, fortunately, were observing social distancing rules during the Level 4 pandemic lockdown). His targets were chosen opportunistically and at random–they were simply close enough to attack. He ran through the aisles yelling and shouting, thereby alerting other potential victims to impending danger. He ran from victim to victim rather than pause to finish them off in deliberate fashion. He had no manifesto and he he did not video his actions or communicate or transmit his attack to others. He had no subject other than his immediate targets and he had no object other than to satisfy his own bloodlust and sense of being wronged by society.  His message was to himself.

He had no connections to any jihadist network because even if he once did (and that has not been alleged, much less proven) his internet access was cut off after his arrest and he was largely isolated within the Sri Lankan and Muslim communities because of his notoriety. He had no affective relationships to speak of since his family remains in Sri Lanka and he had no partner or romantic attachments. Described as normally behaved before he arrived in NZ, he descended into personal and political darkness in the years after, linking the two in his public and private utterances. In fact, although he glorified ISIS violence and fetishised bladed weapons, it is unclear how deeply rooted he was in the Salafist world view that underpins ISIS’s ideology.

After he was released in July he developed, according to media reports, an obsessive focus on someone whose identity is suppressed but who was deliberately distanced from him after concerns were raised about his behaviour towards that individual in the days before the stabbings. One can only wonder if this was a case of what is known as affective displacement or transfer in which his emotional focus shifted from jihad to something more immediate and personal, and when that object of attention was removed, he snapped. If so, his ideological focus was more an opportunistic product of his mental state than of true devotion to the extremist cause. Put another way, his homicidal ideation may not have primarily been driven by ideology, which may have been more of a convenient crutch for his grievances rather than the root cause of his sociopathy.

To be clear: I am no mental health expert and defer to them on the subject, but I have learned enough over the years to believe that something more than ideological zealotry may have been at play here.

What S did have is a constant armed police surveillance presence around him because unlike the judge who released him in the hope that he could be rehabilitated, the police had no illusions that he was anything but a danger to himself and society. They therefore devoted considerable resources to surreptitiously monitoring him. As it turns out, he received no rehabilitation as well, which meant that the police emphasis on covert surveillance from a distance was certainly not designed to be pre-emptive or preventative in nature (since an intensive rehab counselor could have given them daily updates on his state of mind). As quick as the police reaction was to the stabbings, they were at a disadvantage given the nature of their surveillance technique, which apparently did not benefit from regular psychological updates. This is no slight on the police. They did what they thought best given the difficult circumstances that they were put in, and in the end they saved lives.

Even lumping Mr. S with the Christchurch killer as “lone wolves” is problematic. The Christchurch killer clearly was such a threat, quietly stalking his prey and preparing his attacks. Mr. S, however, acted impulsively and without the type of deliberation usually associated with lone wolves. Rather than “flying under the radar” of specialised and dedicated counter-terrorism units in NZ (as the Royal Commission would like us to believe with regard to the Christchurch terrorist), he was a known, clear and present danger, at least as far as the police were concerned. Likening him to the March 15 killer as a lone wolf is , again, drawing too long a comparative bow. In fact Mr. S seems closer to the May Dunedin Countdown stabber (four wounded in that attack) than the Christchurch killer, even if the demons inside the Dunedin stabber’s head were fueled by meth rather than ideology and/or mental illness.

For those who would differentiate terrorism from other violent crimes by consequences or effects, here too Mr. S’s actions fall short of the definitional threshold. The Christchurch attacks had immediate and longer-term impacts at home and abroad. While championed by white supremacists and rightwing extremists and causing wide-spread fear in NZ society in the immediate aftermath, it had a more dramatic influence on counter-terrorism threat assessments and approaches world-wide. It occasioned considerable reflection within NZ about tolerance and community and has produced numerous government initiatives to address its root causes. Its message was heard globally, albeit in different ways by different audiences/subjects. In contrast, the supermarket attacks caused a media frenzy, some political debate, assorted commentary and much questioning of how S came to be loose in public. That focused scrutiny lasted about five days, but soon the story receded on media outlets and from the public eye, replaced by coverage of the lowering of Covid lock-down levels and the usual political and social news. Beyond the victims, immediate witnesses, some politicians, pundits, activists and police, NZ society is already moving on and the consequences of the attack outside of (and arguably even within) NZ is minimal. The Christchurch attacks had long-term and wide-ranging effect; the supermarket stabbing spree has had a relatively narrow and short term impact. In other words, in consequence it does not rise to the level of a terrorist attack.

Put another way. Although the supermarket stabbings were certainly terrifying to those who were in and around the store, they were not terroristic in intent or effect.

It is interesting to consider that Andrew Little is both the Minister of Health as well as the Minister of Intelligence and Security. While this may promote efficiency in the discharge of portfolio obligations, it meant that there was no ministerial cross-check on the decision about Mr. S. Instead it presented Mr. Little with a choice when it came to Mr. S: treat him as a mental health case or as a national security threat? The institutional bias underlying the decision about him given the portfolio arrangement is now clear. National security was the priority, not Mr. S’s mental health.

The government says that it considered ordering Mr. S into compulsory treatment under terms of the Mental Health (Compulsory Assessment and Treatment) Act, but was advised that it was not realistic to do so because he did not meet the threshold for involuntary commitment. This is presumably because even though he was diagnosed with PTSD, depression and other ailments, it did not rise to the level of a recognized clinically diagnosed disorder. Fair enough, because the bar for involuntary commitment must be set very high. But what about him being a clear and present danger to himself and society? Should that have factored into the decision as to whether he should be held for assessment and treatment? Had he not held ideological views, would have national security even entered into consideration even if the threat he presented to the public was the same? What would have been the decision then?

Because the decision was made against the mental health option, the government tried to revoke his refugee status so that he could be deported as a national security threat. That is easier said than done given international protocols governing the treatment of refugees, but what seems clear is that even though (or perhaps because) the High Court struck down prosecuting S under the Terrorism Suppression Act since “planning and preparation” is not part of the language in it, the Crown was determined to treat him as a jihadist rather than someone who was violently unwell. However coincidentally, Sept 5 fell into the government’s lap when it came to pushing under urgency amendments to the TSA that incorporated “planning and preparation” into the definition of behaviour covered by the Act, and the chorus of experts all sang in harmony the government line that the law, as it stands without the amendment, is unfit for purpose.

Three things should be noted as an aside. This is the second time that the Crown has attempted to invoke the TSA when no act of violence was committed, only to be rejected by the Court. The first was after the Urewera raids, when the not-so-merry band of activists and misfits were initially accused of being terrorists for playing Che Guevara in the bush. That attempt to lay charges under the TSA failed even though people were in fact terrorised: the innocent Tuhoe who were held at gunpoint (including children on a school bus) by Police. The second point is that even though the TSA does not allow for prosecutions for planning and preparing for a terrorist act, the Crimes Act has enough in it to do so. Just imagine if police had evidence of someone about to commit a “common” (non-ideologically motivated) murder. Would they not step in to prevent the deed by using the evidence collected under the Crimes Act? If so, what is the difference with an ideologically motivated crime that makes it only prosecutable under the TSA? As it turns out, the Crown went for six and tried to test the TSA a second time on Mr. S. And for the second time, it was given out by the Court.

The third point is that the government had a legal remedy on national security grounds that would have kept Mr. S confined indefinitely while being assessed and treated but chose not use it: issuing a Security Risk Certificate against him recommended by the Security Intelligence Service (SIS) and once used in the Ahmed Zaoui case (even though Zaoui never threatened or committed any act of violence). The Certificate calls for the preventative detention of an individual deemed to be a threat to NZ’s national security while legal processes are pending. Unlike Zaoui Mr. S was a well recognized threat to himself and others and yet, also unlike Zaoui, the Security Risk Certificate remedy was not explored or was rejected (perhaps because it too was “unreasonable” to do so). Which is odd given that he could have been subject to the strictures of the Security Risk Certificate during and after his trial regardless of sentence on lesser charges and therefore would not have been free on September 3 or required a constant resource-draining police surveillance presence in the weeks leading up to it. (Hat tip to Selwyn Manning for alerting me to this angle of inquiry).

In any event, rather than an act of terrorism or terrorist act (take your pick), what I saw on Sept. 5 was the commission of a hate crime. I recognize that NZ does not have a hate crime statute (as far as I know) and understand that hate crimes are usually designated as acts of violence committed against individuals or groups because of who they are (e.g. gays, Muslims, redheads). Here I use the phrase “hate crime” because Mr. S’s hatred and rage was directed at non-Muslim society in general and because of the lack of compliance with the definitions and description of terrorism mentioned above. It does not make the supermarket attacks any less heinous than those done deliberately as terrorist attacks with the same (thankfully non-fatal) outcome. But it does help distinguish between underlying motive and rigorousness of method, which in turn helps prevent us from being suckered into agreeing and complying with the agendas of security officials and vested “experts” alike.

Disclosure: After a day of thought and research into the case, I agreed to selective media interviews in which I outlined the views expressed above. That included raising the question as to whether invoking the Mental Health Act was considered. That was not well-received by some in the mental health community who felt, to quote someone, that I “had strayed from my lane.” I was surprised by that comment because I did not realise that I was in a lane, much less that I was “supposed” to stay in it. I still think that it was a legitimate question to ask and as it turns out the government answered it, however vaguely, shortly after I posed the question to a reporter. A few days later it turns out that I was on to something.

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The price of neo-imperialist hubris.

One adage of warfare is that when a clearly weaker actor fights a clearly stronger actor to a standstill, then the weaker actor has won the contest. This is particularly so for asymmetric, irregular warfare where one side has the advantage of disproportionate force but the other side has time and willpower in its favour. So long as the weaker actor can remain steadfast over time when resisting the superior force, then not only will stalemate be achieved but eventual victory for the weaker actor is more likely. Where the weaker actor is fighting on home territory against a foreign force, the probability of its eventually prevailing are significantly improved. For the stronger actor fighting on foreign soil, the longer the conflict is drawn out, the more likely that it will be defeated, especially if domestic support at home (political and social) for the fight wanes over time. If the foreign power is simultaneously fighting another major land war (or wars), then its chances of victory in any of them are significantly reduced. Instead, such “forever wars” become deaths by a thousand cuts for the militarily stronger foreign power.

The Vietminh/Vietcong provide a good example of this. They resisted colonial and post-colonial French and US-led Western forces for more than two decades and eventually achieved independence, then fought off Chinese aggression to consolidate their hold over what is now the Republic of Vietnam. Like the VC, the Taliban have no Air Force, have no Navy, and what sophisticated ground warfare equipment they employ (which is not much), they captured from foreign forces or were clandestinely supplied by anti-Western states such as China and Russia. They used cross-border allies to good effect in getting supplies through (Iran and Pakistan in particular but not exclusively), and used guerrilla, hit and run tactics to extend the occupiers territorially until individual units or outposts could be surrounded and overrun by highly mobile and locally massed Taliban forces using surprise and local knowledge to their advantage.

The Taliban are, in a nutshell, a resilient, extremely determined, ruthless, cunning and resourceful adversary who fights on its home turf against foreigners and foreign-backed locals who (in the case of the former) do not understand them and who (in both cases) do not have the will to continue fight without an end in sight. For the Taliban it is Allah’s will that they fight and die for him, so there is no time horizon on or particular end point to their struggle against infidels. In effect, we may not like their medieval ideology, but we must recognise their will to impose it at all costs.

That brings up another maxim of warfare: The actor who prevails is the one that is willing to suffer the most losses and continue fighting. The Taliban have shown their mettle in this regard. To that we can add the historical observation that unlike secular (say, Maoist or Marxist-Leninist) guerrilla groups, religiously-inspired irregular warfare actors are seldom fully defeated, but instead ebb and flow like the tide depending on the political and social conditions of the day and the strength of countervailing forces.

That is because of the nature of their respective ideologies. Religion is a pervasive, deeply imbued primordial cultural organizing principle that, if driven underground, continues to reaffirm commonly shared traditional social values even in modern secular societies. In contrast, secularist ideologies, particularly anti-capitalist ideologies, start as minority belief systems that run contrary and seek to undermine the traditional or “proper” way of things. That makes it more difficult for them to clandestinely sustain themselves. Religious irregular warfare actors seek to reaffirm what traditionally is and has been; secular irregular warfare actors seek to overthrow and replace what is and was. Depending on the relative depth of religious belief in a given society, the former has a much better prospect of long-term success than the latter when it comes to asymmetric conflict.

Because of their lack of ideological support in most societies, secular irregular warfare actors either win or lose, the first via protracted irregular conflict culminated by conventional military victory and the latter via short intensive kinetic campaigns waged by overwhelmingly superior military actors. Faced with unfavourable warfare conditions, religious irregular warfare actors use society’s ideological depth as a subterranean means to avoid definitive kinetic and political outcomes and instead sink into the fabric of society and pursue guerrilla warfare as a form of counter-hegemonic struggle (often using terrorist tactics). Secular irregular warfare actors also attempt to do this, but their lack of ideological depth in society exposes them to relatively quick detection and elimination. Conversely, the deeper the religious culture into which religious irregular warfare actors can dive, the more likely that they will resurface as an intact fighting force once the stronger opponent has left the battlefield. That has now happened in Afghanistan.

The price paid by the Taliban during this conflict has been enormous. They have been killed in astronomical numbers by land, air and sea. A generation and more of their leadership cadres have been decimated. They lost control of cities and then rural areas, in some cases fleeing across borders in order to avoid complete annihilation. And yet, after two decades on non-stop warfare and the inter-generational destruction of scores of fighting cadres, they have regained control of Afghanistan now that the US and its ISAF partners have left the country.

In contrast, after twenty years of foreign-led military and civilian capacity building and billions of dollars spent on infrastructure in pursuit of national unification, the ISAF/UN-backed Afghan central government’s control throughout the country collapsed with astonishing speed. In the space of two months once the foreign forces withdrawal was announced, the Taliban gained control over the majority of Afghan territory. Kabul has fallen and the foreign-backed president Ghani has fled (along with millions in cash), leaving his subordinates and foreign patron remnants to fend for themselves. Taliban patrol the capital’s streets and assassins lurk in and around the Kabul “Green Zone” where foreigners and local elites lived and worked, selectively murdering journalists, pilots, teachers and other skilled labourers seen as associated with the occupiers or opposed to Taliban rule. The spectre of a genocidal, gendered bloodbath is a real possibility and there is a mass refugee migration underway from Afghanistan into neighbouring countries, especially from non-Pashtun, non-Sunni regions. Over a quarter million people have fled their homelands in the last two months alone, and the international airport in Kabul is a scene of chaos as thousands seek airlift rescue. It is not a stretch to draw parallels with the fall of Saigon, especially after seeing scenes of Chinook helicopters evacuating people from the rooftop of the US embassy.

Even more so than the failed experiment in post-Saddam Iraq, the US-led push to democratise and secularise Afghan politics and society has fallen hard on the double swords of corruption and traditional culture. The Western-backed governments that have held power once the Taliban were overthrown in 2002 have been little more than kleptocratic distribution wheels for the favoured and connected. Modernization in the form of aid programs to foment the likes of female education, road building, health and sanitation facilities, reticulated sewage systems, electrical power grids etc. have not only been a source of corruption but have been accepted without producing the cultural shifts that were assumed by Western patrons to be the logical and inevitable end result of such efforts. As a former US military officer noted with reference to the locals, “they will smile and gladly accept our help during the day, and then they will sneak back and kill us at night.”

In other words, the physical infrastructure of the country may have been modernised, but by and large the societal value structure was not.

The hard fact is that the seeds of the latest Western defeat in Afghanistan were sown the moment the nation-building project in that country began. Had the US and its allies defeated the Taliban and then left Afghanistan to sort itself out along traditional ethno-religious and tribal lines (say, by allowing warlords and tribal militias to contest local authority with central government advocates), the process of national reunification or reorganisation would have been violent but in all likelihood shorter and more durable when it came to the distribution of and balance of power between local and central authorities. As a Pentagon colleague of mine said when surveying the wreckages of US military intervention there and in Iraq, “we should have declared victory and gone home after the bad guys were defeated, then left (them) to it.”

Instead, the US-led ISAF coalition attempted to impose “democracy” on a country with extremely limited historical or practical experience with that concept. The project was therefore bound to be a failure in form (procedure) and substance (outcomes), both of which were manipulated to serve the ends of local elites. To put it in more general terms: attempting to impose modern and post-modern Western-style political forms, social norms and cultural mores on populations dominated by pre-modern (authoritarian) social hierarchies was akin to trying to get a fish to ride the proverbial bicycle.

The irony is that the notion of “nation-building” was a bastardisation of the counterinsurgency (COIN) axiom about psychological operations, where the point is to win the “hearts and minds” of a disputed population via provision of security, health care and other amenities of civilisation in order to gain their acceptance and trust while diminishing that given to the insurgent enemy. The original COIN focus was on very localised populations for relatively short periods of time, not entire countries for long periods of time, and involved using local grievances against domestic insurgents in order to gain information that allowed for their detection and elimination as part of what came to be known as the “inkblot” strategy of incremental taking and holding of enemy social space. In other words, it was one aspect of an irregular warfare strategy used against insurgents and was not an end of itself.

This was all known before the nation-building exercise began, not only by counter-insurgency specialists in military communities, but by anthropologists and sociologists who study places like Iraq and Afghanistan and their respective sub-cultures. It was/is also known by political scientists (aka “transitologists”) who study regime change from authoritarianism to democracy and vice versa–in short, it is hard to impose from the outside unfamiliar and often unwelcome types of governance on tradition-bound and/or pre-modern societies even if improvements to material standards of living are part of the package. The reasons are many but the conclusion is clear: external imposition of foreign social norms and political structures, no matter how well-wrapped in developmental assistance, is most likely to fail.

All of this accumulated wisdom was ignored in Western capitals (including Wellington) when the macro-level dimensions of the ISAF mission were operationalised. Instead, intelligence and military organisations attempted to use social scientists to develop micro-level conceptual maps of the “human terrain” on which the military and civilian capacity-building campaigns were undertaken. Although they enjoyed some tactical success, at a strategic level these efforts ultimately failed and proved to be a harbinger of things to come.

Never has that phrase “graveyard of Empires” been spelled out in so much lost blood and treasure. But beyond the waste of Western efforts to construct a unified country in territory that is home to more than one nation, or the brutal toll taken on innocent Afghan civilians looking to live in whatever peace might come to them, what exactly has been lost? Is the impending calamity of a Taliban takeover as described by Western media and politicians really likely to come true?

As it turns out, after I started writing this post I got a call from my friend Jon Stephenson, the war correspondent and investigative reporter. Jon probably knows as much as anybody in NZ about that country, and it was fortuitous that he got in touch while I was thinking about what is written above. What follows is my distillation of some pertinent parts of our conversation.

The Taliban are not monolithic. They have moderate and militant factions and political and military wings. They exert more control and influence in the rural, less modernised countryside than they do in cities, especially the capital Kabul. The political leadership in Doha is more moderate than the military leadership on the ground in Afghanistan, and its degree of control over military commanders is comparatively looser than, say, that of the political leaders of Hezbollah or Hamas. The Taliban have been relatively well-received in Pashtun/Sunni dominant regions such as their birthplace, Kandahar Province, but have encountered local resistance in non-Pashtun/Shiia regions such as Bamiyan Province. In other words, their degree of support and control in areas outside of Kabul is uneven and at times contested by local warlords and militias. As for Kabul, the issue is pretty stark. The Taliban can infiltrate, surround, isolate and attempt to choke the capital into complete surrender in the face of significant armed resistance from foreign military forces and what is left of Afghan security units linked to them, or the capital can keep supply lifelines going by air and (perhaps, but unlikely) secure land corridors until a negotiated settlement is reached. Western military help will be needed to stave off or forestall a Taliban takeover of Kabul but if that is forthcoming (and it appears to be) a peaceful handover of power or power-sharing compromise may be possible.

In any event issues of national governance may prove problematic for the Taliban. After all, what they will have to do even if complete military victory is achieved is to build a State out of the ruins of the current one. They will need to provide public goods and services, organise a (Sharia) legal system, re-create a public bureaucracy that includes everything from health and education administration to border (immigration and customs) controls and transportation regulations, civil aviation rules, document issuance and certification, etc. For that they will need bureaucrats and other skilled labor, many of whom are fleeing the country as I write. They will need an institutional edifice–actually buildings with people and communications apparatuses in them– in order to discharge their nation-wide public service functions beyond those involved in local repression. Hence, although they may be adept at fighting and some may be willing to return to the Medieval Era when it comes to organising Afghan society, it is more likely that the Taliban will have to compromise on the extent to which Afghanistan will return to the Dark Ages and what aspects of modernity it can live with. The question is therefore how much will the Taliban be willing and able to compromise, and on what subjects and policy areas?

This is all the more true because other foreign actors, the PRC, Russia, India and Iran in particular, have their sights on mineral-rich Afghanistan as a geopolitical buffer and/or investment opportunity. Pakistan, as always, will be a major player in Afghanistan’s future because it would prefer to see Afghanistan weak and internally divided rather than unified and strong (if for no other reason than the latter encouraging cross-border irredentist sentiment in Pakistan). Islamicist groups in bordering countries and further afield may be emboldened by the Taliban’s success and seek to emulate them while looking for their support. That is bound to be of concern to the leaders of the above-mentioned countries as well as the other geographically contiguous “‘Stans,” all of which have indigenous Islamicist groups to contend with.

Getting these foreign interlocutors to invest diplomatically and economically means that the Taliban must offer self-binding assurances and guarantees and assume contractual obligations of various sorts, negotiated by people competent enough to engage with sophisticated foreign counterparts and legitimately representative enough to ensure that any deals they make or promises made are binding. That is by no means assured at this point because if one thing is certain is that Afghans are generally disposed to look at any foreign presence with suspicion and distrust. That includes non-Western foreigners as well as those from the West, who in any event will have to confront the compounded obstacles posed by corruption and traditional values.

At a minimum, besides the need to operate domestically-focused public bureaucracies, the Taliban will need a diplomatic corps capable of dealing with foreign entities. Those must include people competent to engage with aid agencies given the inevitable requests for reconstruction assistance as well as those responsible for interacting with various potential military and diplomatic partners. That requires significant levels of education and experience, which given the brain drain now underway in Afghanistan means that the Taliban cannot afford to go full Pol Pot on the country and kill all infidel locals off and in fact will likely have to employ foreign nationals in any event in order to operate their public sector, to say nothing of staffing the private interests that may establish a presence in the country.

This is not entirely unusual–Singapore would collapse in less than a week if “ang mohs” (Europeans) were withdrawn from upper and middle management ranks in all bureaucratic sectors of the Little Red Dot–but the retrograde cultural dispositions of at least some of the Taliban leadership may make that difficult to achieve and will require internecine settlements between moderate and militant Taliban factions in what may well turn out to be the “old fashioned” Afghan way of resolving conflicts. The larger point is that the world does not end with a Taliban takeover, they cannot survive as a regime governing a nation-state if they kill and repress everyone who is not an adherent of their ideology, they therefore need to know how to play nicely with a range of interlocutors, foreign and domestic, all of which means they need to get their house in order before they present a cohesive if not inclusive face to Afghan society as well as the global community.

Twenty years of foreign occupation has changed Afghan society, at least in the urban and suburban areas where Western influence and development projects were the most heavily felt. Just as the degree of religious density in a society facilitates the subterranean presence of religious irregular warfare actors, the degree to which that social fabric is imbued by new conceptions of the proper cultural order makes more difficult a return to the original Taliban past, especially when the return involves material and social deprivation for all or some of society’s component parts–say, for example, women, who are now an integral and vital part of Afghan public services.

In parallel, the Taliban of today are not exact replicas of their fathers. The intergenerational passage mentioned earlier with regard to warfare extends to how the contemporary Taliban differ in their view of how to rule post-occupation Afghanistan. As Jon Stephenson mentioned with regards to the situation in general, it is hard to predict what will happen but things have certainly changed for the Taliban when it comes to governing in coalition or alone. The society that they will now inherit is not the society that they left behind when the foreigners arrived to remove them.

In a signal of its defeat, the US has asked the Taliban not to attack its embassy in Kabul and warns that it will use aid assistance as leverage against future Taliban provocations or transgressions once it office. Both scenarios may come to pass but the truth is that the the Taliban will be looking for new international partners rather than redraw contracts with those who backed the deposed regime. For those Afghans who placed their bets on supporting the US and ISAF and worked with and for them, the moment is indeed uncertain and tragic. Like the Kurds, Iraqis and Vietnamese before them, many of those who sided with the US will lose their lives and livelihoods in the months to come. Others may find refuge in ISAF coalition member countries, including New Zealand. But the hard reality is that siding with a foreign occupier was always a fraught proposition based on significant inter-temporal (current and future) risk, and for many that dark future has arrived. What is puzzling is that even in the face of such foreboding prospects, many non-Taliban Afghans have chosen to surrender (in the case of security forces) or flee (in the case of civilians) rather than fight.

What this means is that indeed, there is a tragedy at play in the return of the Taliban. But it may not be the calamity that many in the West think that it will be because the circumstances surrounding the return mitigates against rather than in favour of wanton destruction and mass blood-letting. The Taliban need to demonstrate that they can rule over a society that is in significant ways different than the one they governed two decades ago, and they need to engage with an international community that also is different than the one that blamed them for harbouring al-Qaeda. The Taliban themselves are different in many ways, as are the foreign interests willing to engage with them on economic and diplomatic matters. Their domestic threat environment now includes co-religionists in the form of al-Qaeda and Daesh, to which can be added splinter groups from adjoining countries and local warlords and militias with foreign ties. It will not be easy for them to re-impose the status quo ante 2002 even if that is their unified desire (which it does not appear to be judging from the political leadership’s statements).

This is the basis for a glimmer of hope in the Afghanistan regime transition now underway. If not born of compromise, Taliban rule will likely be different out of necessity. It is important that the international community do all that is possible to ensure that the political necessity of the moment becomes long-term governance fact not only for the good of the Afghan people but in order to pay the fair price of making amends for what ultimately is the result of Western neo-imperialist hubris.

Postscript: What was heard from above. https://www.theatlantic.com/ideas/archive/2021/08/what-i-learned-while-eavesdropping-on-the-taliban/619807/

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A note on the “jihadi bride.”

I ruffled a few feathers by referring to Gerry Brownlee as a “buffoon” during a radio interview this week. The subject in question was the involuntary repatriation of Suharya Aden and her children to NZ after Australia cancelled her citizenship. Brownlee was blathering about her being a terrorist security threat, how she jumped the que ahead of deserving Kiwis in the MIQ line and how the government needed to be more transparent about the process under which Ms. Aden was to be returned and administered. He said that NZ should adopt citizenship-stripping laws like those in Australia so as to prevent the likes of MS. Aden returning voluntarily or otherwise.

Truth be told, what I really wanted to say but could not because of time constraints was that Mr. Brownlee was/is a “racist dog-whistling, grasping-at-straws-on-the-security-angle tool.” I say so because Brownlee is the guy who ran the Christchurch earthquake “relief” efforts and sent private investigators to spy on insurance claimants and residents asking for help; who said that there were no white supremacists in Christchurch after the March 15 attacks; who hinted at dark conspiracy theories about Covid during the 2020 election; who railed about refugees during debate about the Control Order Bill last year when the Bill was strictly about returning Kiwis suspected to be involved in foreign conflicts. He was part of a government that regularly hid, misled or deliberately lied to the public on a number of issues, including those involving national security. He was an atrocious Defence Minister, more interested in junkets than full metal jackets, and a piss-poor Foreign Minister (among other failures) who was every diplomatic reception’s worst nightmare. He is long past his expiry date as a politician, so being a public buffoon is a step up. If you wish you can call him a tool, but either way, Pablo don’t suffer the fool.

As part of the debate on the Control Orders Bill (now Act) Brownlee knows that Control Orders come into effect once a person is on NZ soil and that invocation of the Act automatically triggers suppression orders on the name and case details of the person(s) targeted by the Act. His claims for more “transparency” about Ms. Aden’s case in progress are therefore disingenuous at best. Also, as a former Defence Minister, he should know something about operational and information security, so demanding to know how/when she is being returned is also a cynical ploy.

In any event enough about him. For the sake of clarity, let me outline some facts about Ms. Aden’s case, but without breeching any secrecy protocols.

Suhayra Aden was born in Mt. Roskill in 1995 of Somali refugee parents. At age six her family moved to Australia, settling in Melbourne, and took Australian citizenship. Her family is still there. in 2014, at age 19, she travelled to Turkey and from there was smuggled into Syria in order to become a so-called “jihadi bride.” How and why she became radicalised in Australia is not publicly known but likely to be known to Australian authorities. She may have been radicalised on-line. She may have been subjected to family or peer pressure. She may just wanted to see the world or get a taste for adventure. She was young, gullible, perhaps manipulable and clearly made some bad decisions. And yet she is still quite young at 26.

Two aspects of the Turkey/Syrian phase of her life are worth noting: First, according to Australian journalists who interviewed her in 2019, that she had second thoughts about the venture once she got to Turkey and tried to call her mother to seek help in escaping. She was unsuccessful and was taken by her minders/smugglers into Syria instead. This raises the possibility that everything that happened to her afterwards was done under duress, without her informed consent. Second, she was not “married” in the traditional Western sense of the word. In the medieval world view of ISIS, women are domestic servants, sex toys and breeders, that is, reproductive vessels of future fighters. They are assigned “husbands” and required to submit to them in every way. They are therefore not so much “wives” as they are domestic servants, sex slaves or, in historical terms, concubines. Concubines have interpersonal and sexual relationships with (often polygamous) men but do not hold the status of “full” wives whether or not there is a “full” wife in the picture. I have been told that my characterisation of Ms. Aden as a concubine or camp follower has been labeled as sexist by some NZ fourth wave feminists, but I suggest that they read a dictionary and get back to me on that one. Remember–it is ISIS that is medieval when it comes to gender roles, not me.

In Ms. Aden’s case, she had two “husbands,” one or both of them apparently Swedish (I have read conflicting reports on this). Both were killed in Syria, presumably fighting Western or Assad’s forces. She had three children with these men, one of whom died at an infant or toddler age of pneumonia. In 2019 she fled to the Al-Hawl refugee camp in northwestern Syria. That means that during the four years (2015-2019) she was actually in Syria, she was pregnant for 27 months of that time (2 years and 3 months). She presumably nursed her infants concurrently with and after those pregnancies. Along with the gender role assignation described above, that strongly suggests that she was not an ISIS fighter and therefore is unlikely to have been involved in committing atrocities even if her husbands were. And even if she was or knew about such things, the fact that she was likely acting against her will from the onset mitigates against accusations that she was actively engaged in terrorism. Evidence to the contrary, labelling her as a “terrorist” therefore seems to me to be smear of the most vile sort, something that many corporate and social media outlets, Gerry Brownlee and Judith Collins have all done.

In February 2021 Ms. Aden and her surviving children were caught by Turkish border authorities while attempting to cross into that country from Syria. At the time Turkish officials called her a “terrorist” but after questioning about evidence to that effect they dropped the claims. Instead, the narrative changed to her fleeing Al-Hawl in order to escape ISIS. Unlike the Kiwi “bumbling jihadist” Mark Taylor, who is in Kurdish custody, the Turkish authorities are keen to have Ms. Aden and her children deported. Lucky for her and unlucky for him, NZ feels obliged to help with that process. But how did NZ come to be involved?

In the 2019 interview with Australian journalists conducted at Al-Hawl, Ms. Aden expressed a desire to return to Australia. After the interview was made public, in early 2020 the Morrison government stripped her of her Australian citizenship under section 35 or the 2007 Australian Citizenship Act, amended in 2015 (after she had left Australia). The 2015 amendment to the 2007 Act stated that citizenship could be revoked because of “conduct inconsistent with allegiance to Australia,” although what constituted “inconsistent conduct” is not specified. What this means is that when Ms. Aden left for the fighting fields of Syria in 2014 she was doing nothing illegal, and that both the 2015 amendment to the ACT and the 2020 revocation of her citizenship were applied retroactively without due legal process or recourse.

In fact, sometime during the interim between her departure from Australia and arrest in Turkey, Australia requested that INTERPOL, the international police consortium, issue a “Blue Notice” on Ms. Aden. Unlike “Red Notices,” which are arrest warrants based on criminal charges, “Blue Notices ” are requests for information about persons of interest to the requesting party, such as missing persons. Louisa Akavi, the Kiwi nurse kidnapped and held hostage by ISIS, is also the subject of an INTERPOL Blue Notice. She is not only welcome home–she is wanted home by her whanau. Ms. Aden may also have family support in Melbourne but her country of choice has turned its back on her and her children. In NZ she has no such support and yet, as a citizen, her right of return is the same as Ms. Akavi. Therein lies the dilemma.

The Australians not only issued Ms. Aden’s non-criminal request for information to INTERPOL (how could they issue a criminal warrant since she had not committed any crime before and when she left Australia?), but they nevertheless went ahead and stripped her of her adopted citizenship after the fact based on assumptions about her agency and volition when it came to personal associations, travel and residence. Unlike the “bumbling jihadi,” she is not seen on tape calling for jihad and denouncing her home (Crusader) country. But they have called her a terrorist nonetheless.

That left NZ no other option but to return her and her children back to NZ, following international law and practice (which states that citizenship cannot be stripped from natural-born subjects and that States must recognise and assume responsibility for their subjects when asked to do so by foreign powers). Ms. Aden is a native born Kiwi and her children assumed citizenship by birthright. They have no other place to go now that Australia has rejected them. Should NZ adopt an Australian approach, as Brownlee and Collins suggest, then they would be left stateless and bereft. I would argue that whatever the sins of the mother, vesting them upon the children is a grotesquely callous act unbefitting a liberal democracy. As an international good actor and as a civilised society NZ has to make the best of a bad thing by offering them repatriation. Thankfully that is about to happen.

When Ms. Aden and her kids arrive in NZ it is likely that she will be the first person subjected to the Control Orders Act. As mentioned, that involves suppression of her name and details of her case. What is known is that the Act prescribes restrictions on her freedom of movement, communication and association. She will be monitored by security agencies and supervised by social welfare agencies, including psychological counselling services. This management program may even involve electronic bracelet usage (again, details of what is involved will likely be subject to suppression orders). She may be granted permission to engage with local civil society organisations specialised in the treatment of refugees from conflict zones and/or post-traumatic stress disorder. She and the children may receive new identities so that they can better lead “normal” and productive lives.

The need for those sort of extreme privacy measures is due to the dual nature of the security concerns involved. On the one hand, NZ security authorities must be vigilant that she pose no risk to NZ society. Were she in any way to encourage extremism in any forum or venue, she would likely be charged and prosecuted accordingly (perhaps even under proposed hate speech legislation, if not the Terrorism Suppression Act). The good news is that data from Europe suggests that returning “jihadi brides” statistically have a near-zero chance of continuing their support for Islamic extremism. Perhaps it is the traumas that they suffered, the trials that they endured, the tribulations that they encountered or the travails of their existence in war zones, but the likelihood of their returning to jihadism is very remote at best.

On the other hand, Ms. Aden and her family need to be protected from harm themselves. There are many Islamophobes in NZ who wish her (and her children) ill or worse. Some have vented in social media abut their desire to do her harm, so the threats must be taken seriously. That poses problems for the Police if her address, name or locations of schools, mosques and social service organisations that she frequents are made public. Given that there are innocent children involved, the authorities must be proactive on their behalf.

In the end, the NZ government has to make the most of a difficult situation and appears to be doing so, barking from the Opposition notwithstanding. It will be for Ms. Aden to make the most of her second (or third) chance in life, if not for herself then for the future of her children. The Opposition would be wise to cease and desist trying to score political points on the matter, less they find themselves confronted by a similar dilemma in the future when in government.

Most of all, it is time for the buffoonery to stop.

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Media Link: “A View from Afar” on YouTube.

I am glad to report that the “A View from Afar” podcast is now available on the 36th Parallel Assessments YouTube channel. As a teaser, the first video is taken from an interview done in Karekare with German TV about the scourge of white supremacism/right-wing extremism.

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Proportionality and avoidance of collective punishment.

Not wanting to get into an endless debate here, but as a political person I cannot pass on making a small comment on the current Israeli-Palestinian conflict. I do not pretend to be a subject expert on the tortured history of Israeli-Palestinian relations and am not about to get into the finger-pointing and “whataboutism” surrounding the latest precipitants of collective violence, but as a student of armed conflict (yes, there is such thing), here it goes.

Among many others, there are two principles embedded in the laws of war (jus in bello): in the conduct of armed operations the use of force must be proportional and discriminate; and collective punishment of unarmed populations must be avoided. Even when not specifically phrased in these terms and whether done by state or non-state actors, behaviour that violates these principles are classified as war crimes. The legal work on this subject is voluminous.

Unfortunately, these norms continue to be regularly violated. In the desire to apply superior asymmetric force to an adversary, armed forces lacking a firm moral compass or professional ethos disregard these principles as a matter of course and yet at their peril (think of the Syrian military as a recent example). Conversely, weaker armed groups use disproportionate and indiscriminate force against non-combatants to compensate for their inability to prevail in a conventional (and rules bound) force-versus-force confrontation (think of Daesh). Whichever the reason, disproportionality and collective retribution lead to indiscriminate violence against innocents, which opens up the perpetrators to legal consequences or replies-in-kind should there be no legal consequence.

If eye-for-eye retribution is to be avoided, regardless of who they are and the cause that they espouse, those who order and carry out attacks in violation of these principles must be legally held to account. If not addressed by their own judicial means, there is a place for that to happen. It is called the International Criminal Court (ICC) in The Hague. However, there is a problem with adjudicating justice via the ICC because it depends on it being recognised by sovereign states and objectively supported by the most powerful among them. Unfortunately, countries like Israel, Iran, Russia, the PRC, Turkey, most Sunni Arab states and the US do not recognise the ICC, so its scope of authority is limited at best.

The Palestinian Authority recognises the jurisdiction of the ICC but Israel and Hamas do not. Israel argues that Palestine is not a sovereign state in spite of its non-member observer status in the UN (the ICC is a dependency of the UN) so cannot be party to the Rome Statute that established the ICC. It also argues that Israel has its own investigative bodies so does not need ICC interference in its affairs. Hamas is not recognised as a sovereign governmental body even though it administers the Gaza Strip (in a division of authority with the Fatah-led Ramallah-based administration that is recognised as the Palestinian Authority), so is excluded from ICC jurisdiction even if its members can be prosecuted by it (as is the case with Israelis). In addition, because it is not a party to the Rome Statute, Hamas refuses to recognise the ICC as an instrument of accountability. Because of the lack of universal recognition, the ICC cannot gain UN Security Council (or even General Assembly) approval to extend its jurisdiction to non-signatory states.

Even so, the ICC has (perhaps as an aspirational rather than practical goal) on-going investigations against both Hamas and Israel dating back to 2014 and has launched another against both sides as a result of the current conflict. It is more than likely these will be fruitless unless the international community coalesces around a demand for accountability for war crimes in this ongoing tragedy. Specifically, the time has come for larger powers to use their diplomatic strength to support the ICC investigations against Hamas and Israel and thereby put on notice those on both sides who order and carry out war crimes that they will be prosecuted for their actions.

Again, this is not about who started what or re-litigating historical grievances. It is about trying to stop the commission of war crimes once armed conflict is engaged. The ICC can investigate the veracity of claims of civilian targeting and can charge commanders and political leaders on both sides for authorising attacks on them (the evidence is already available on video). It can then issue international arrest warrants for the accused that, if not enforced inside of their own territorial jurisdictions, will be enforceable if they try to leave the safety of them (think of Pinochet when he went to visit Maggie Thatcher and wound up under de facto house confinement for months because he could not leave Britain without risking arrest for crimes against humanity–in his case against his won people). This type of move is therefore a holding to account for current and past crimes and a deterrent against future crimes. The impediments to doing so are many but the need to do so is even greater.

The desire to use the ICC as an agent of justice and deterrence may be wishful thinking given contemporary realities but it seems that with enough support in the wider international community, such an ICC intervention could be a prelude to the political settlements required for peace. And even if its potential use only helps stop the current fighting, then a small defense of humanity will have been served.