Tag: USA

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Don’t tase me bro

Police Commissioner Mike Bush on Friday announced that tasers will be deployed for the use of all front-line officers.

The reasoning behind tasers emphasises the taser’s potential for de-escalation — a “less-than-lethal” alternative to shooting someone — sometimes on the basis very limited operational data. In 2009 and early 2010, when the weapons were on limited deployment in Auckland and Wellington, 10 people were tased, prompting then-Commissioner Howard Broad to write: “It’s pretty clear that in several instances, the person could have been shot with a firearm if Taser hadn’t been available.” The wiggle room here is important: several, could.

Technical and cultural problems
In June, science writer Phillip Ball addressed (MP3) the Royal Society of New Zealand on the topic of invisibility, emphasising that while we tend to regard advantages of this sort as technical problems they are, in reality, moral problems: problems of money, power and sex, or all three at once. One might as well say “cultural problems”. The crucial questions are not about what it does, but about how it is used, by whom, for whose benefit, and governed by what norms. This is the same profound observation that underpins restrictions on weapons of mass destruction, landmines and poison gas, why signatories to the Geneva Conventions use full metal jacketed ammunition, and why no nuclear weapons have been used in war since 1945. So it is disappointing, but not surprising, that the discussion around the Police’s deployment of tasers is largely technical, not cultural.

The justification is clearly-articulated: tasers have, the Police say, proven a useful tactical option between OC spray and a firearm. But the evidence is more complex. It is clear from New Zealand Police operational reports that tasers are safe in aggregate — from 2010 to 2014, 87% of situations where a taser was presented were resolved without it being fired, and the injury rate from their use was 1.1%.

How they are used, by whom, against whom
Aggregates do not tell the whole story. More than half of those tasered are Māori or Pasifika, a figure that has remained reasonably consistent, and which matches the overseas experience in the UK, Canada, the USA and Australia — in Queensland from 2010 to 2012, Indigenous Australians were subject to 22.6% of taser use, despite comprising only 3.5% of the Queensland population. People with mental illness are also subject to much higher rates than others — the British Home Secretary says mentally ill people are about 30% of taser victims, and the Queensland Police Service data cited above says 24.2%. We know also that those at the margins of society, with the fewest options and the least access to legal systems and good medical support — including victims of domestic abuse, sex workers, trans people, drug users and homeless people — are also much more likely to be subject to profiling, greater suspicion, and greater threat of violence by Police. Members of these groups are also more likely to suffer from medical conditions such as heart disease and schizophrenia that can elevate the danger of being hit by a taser. Mental health risks are also particularly concerning, given how prevalent mental illness is in members of these groups, often with violence or abuse by people in power as a contributing factor.

Risks are not evenly distributed. Non-white people are overrepresented in crime statistics, and this must explain some of the increased rates of taser usage against them, but the fact that they are overrepresented is itself a function of the economic, systemic and cultural biases that infuse our society. All else being equal, wider deployment of weapons in the hands of the Police is escalation. It means those at the margins get a double-dose of systemic bias: they’re more likely to be selected as a potential criminal, and once selected, they’re more likely to be subject to violence. Those that are subject to violence then suffer greater harm and have fewer options for recovery or redress.

It is surely with this in mind that Emmy Rākete has requested the Police release whatever research they have conducted into the lethality of tasers, and their potential for abuse. Gina Rangi also asked, on Twitter, about Police training in institutional racism, and the monitoring of it in relation to taser usage. We deserve answers to these queries.

Even the presentation of a taser without it being fired is a strong tactical option, including “laser painting” and “arcing”; explicit threats of force. And although injury rates are low, the fact that tasers are regarded as “less-than-lethal” means they tend to be used more readily than “lethal” tactical options, and are apt to be used as a compliance tool, rather than to defend the safety of Police or the public. In New Zealand, about half the time tasers are used against people who are threatening, but not violent towards Police, and according to Amnesty International, 90% of those who died as a result of taser were unarmed and do not present a serious threat. The New South Wales Ombudsman found that one in seven taser presentations was “inappropriate”, including cases of tasers being used on fleeing suspects and people who had already been handcuffed. “Less-than-lethal” violence can still be a heavy punishment.

These risks are all cultural, not technical. No amount of “less-than-lethal” rhetoric or low recorded-injury rates can adequately address these concerns when the factors leading to the decision to use a taser are not subject to the same scrutiny as its final use. Given that context, and absent significant change in the cultural factors, the wider deployment of tasers is not de-escalation, it is escalation.

Displacing firearms or augmenting the existing arsenal
To the extent that tasers displace firearms from frontline Police use, their wide deployment is a good thing, because in spite of everything else, it is generally better to be tased than to be shot. Tasers are less lethal than firearms, they operate at shorter range without such risks to bystanders, and they are equipped with cameras that provide some context to aid inquiry in case of abuse. Firearms do not record the circumstances in which a trigger is pulled — though the technology exists, and its use may grow, along with with the advent of body-cameras. While the last year’s worth of fatal shootings of unarmed black American men by white Police illustrates that technical solutions do not themselves correct cultural problems, the prospect of being charged with murder may prove a deterrent to the worst abuses. To ensure this, New Zealand should provide for the release of taser-cam footage in case of alleged abuse. (The NSW Ombudsman released video of case studies showing abuse of the weapons in that context; some are taser-cam, and some are not. You can watch them here, but be warned; some of it is quite harrowing.)

However, the real trouble with the argument that tasers displace guns isn’t with the claim that tasers are less-lethal than guns, or that they provide better oversight — it’s that that the evidence for displacement is weak, or at best unclear. In New South Wales, firearm presentations by police remained steady at about 800 per year for the three years following the introduction of tasers — while taser usage nearly tripled from 407 presentations to 1,169 over the same period. Similar effects were noted in Canada, where Police have walked back the argument that a taser is a replacement for a firearm:

When the RCMP unveiled plans to equip its Alberta detachments with Tasers in 2002, Sgt. Steve Gleboff told reporters “what we’re trying to do is eliminate the necessity to shoot somebody.” […] That expectation was wrong, according to the man who trains Calgary police officers to use Tasers. “Use of force experts across Canada right now, we’re kind of shaking our heads going, ‘How did we give the impression to the lay public or the media that Tasers were ever supposed to be a replacement for lethal force?'” said Staff Sgt. Chris Butler. “They were another use-of-force tool in the same regard as the baton, the O.C. spray. Just another tool.”

Given this position — that the taser is not a replacement for a firearm, but an alternative to OC spray and batons — it is clear that wider deployment of a more effective weapon over and above those existing tools, where the ultimate tactical option of firearms does not already exist, means the escalation of violence, not its de-escalation, as a matter of policy.

The limited deployment of firearms is an important difference between New Zealand and the jurisdictions for which good data is available (in Australia and North America), that make these comparisons uncertain. (In the UK, which would be a better comparison, there are strong calls for similar policy.) Given this difference, we may have little to fear — it may be that the deployment of tasers forestalls the routine arming of frontline police for five or 10 or more years longer than it otherwise would have occurred. But as someone pointed out to me on Twitter, the avoidance of hypothetical violence by the application of actual violence also is not de-escalation: you can’t defend giving the Police machine guns on the basis that you have declined to give them tanks as well. The onus is on the Police to demonstrate that their decision to deploy tasers across the force will reduce the use of firearms, and will also be accompanied by more rigorous training and oversight to prevent abuse, and to limit excessive use on the groups who already bear the heaviest burden of Police violence.

L

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Perhaps not yet a Cuba Libre, but an opening nevertheless.

In a previous life one of the US government roles I played was as co-team leader of the OSD/JCS Cuba Task Force. That was a combined team of officials and officers from the US Office of the Secretary of Defense (OSD) and Joint Chiefs of Staff (JCS) tasked with exploring contingency scenarios for Cuba, including refugee flows (then ongoing) as well as possible civil unrest and regime transition scenarios in the wake of the withdrawal of Soviet aid to the island nation and the increasingly geriatric nature of its original leadership. My co-team leader was a Cuban American political appointee, with the idea being that my academic experience studying authoritarian regime transitions and knowledge of the Cuban approach to irregular conflict would be balanced by his sensitivity to the domestic political implications of  any moves we proposed to undertake.

Although I cannot reveal much of what we did, I can say a few things about the process that has now led to a normalisation of diplomatic relations between the US and Cuba.

First, almost everyone in the US government realised that the embargo was a failure. However, the Cuban lobby is on a par with the gun and Israel lobbies when it comes to single issue fixation and willingness to spend money for the cause. This made Cuba a thorny political problem for any US government trying to improve relations with it, as the usual suspects would (and still do) immediately hurl the “soft on communism” and “appeasing dictators” invective as part of their negative electoral campaigning. This placed the issue in the “too hard” basket as far as most politicians were concerned, especially given the myriad of other issues at play and the trade-offs they involved. As a foreign diplomat said in my presence when asked about the US approach to Cuba: “That is a domestic matter, not a diplomatic one.”

Secondly, from the 1980s to the present day, every former Chairman of the Joint Chiefs of Staff and the US Chamber of Commerce have repeatedly called for an end to the embargo and resumption of full diplomatic relations. One would have thought that the weight of conservative military leaders and the leading business organisation in the US would hold some sway, but in fact their views were trumped by the lobbying efforts described above. Episodic attempts have been made to launch US business initiatives in Cuba (for example, in agricultural machinery), but the legal and monetary costs of circumventing the embargo by using off-shore subsidiaries, etc. simply proved too much given the limited nature of the potential returns.

Third, as of the early 1990s the Castro brothers increasingly delegated authority to second generation leaders, who now have been replaced in large measure by third generation revolutionary cadres (people in their 40s and 50s). In fact, both the Cuban exile community as well as the revolutionary leadership have seen the physical decline of the so-called “dinosaurios” (dinosaurs) and their replacement with younger, often more moderate leaders who were not present during the revolution and who therefore do not all have personal scores to settle stemming from it. My co-team leader was second generation and not fuelled by the rabid thirst for revenge exhibited by many of his parent’s generation (some of whom I got the dubious pleasure of meeting). Now that second generation’s children are coming to the fore. This has opened the door for initiatives focused on normalising relations.

But the issue remains complex. The end of the Cold War and fall of the USSR actually reinforced the view in some US policy circles that an embargo could, given the withdrawal of Soviet aid to Cuba, bring the Castro regime to its knees.  On the other hand, the increase in non-US foreign investment in Cuba after the Cold War (mostly but not exclusively in tourism) was seen by some in the US as making the embargo counter-productive when it came to promoting US business interests in its near abroad. Overlying these views was a persistent belief that Cuba continued to logistically and intellectually support Marxist-Leninist guerrilla groups in Latin America (including those that drug trafficked) as well as rogue regimes such as North Korea, Libya, Syria and Iran (to say nothing of Nicaragua and Venezuela). As a result, foreign policy opinion in the US after the Cold War remained very divided on the question of what to do with Cuba given the embargo and rudimentary diplomatic relations.

Yet given the demographic changes mentioned earlier, the question about Cuba the last twenty years has mostly been one of political timing: when is the opportune moment to make the move towards restoring normality to the bilateral relationship? Conventional wisdom on US presidential politics states that only during second terms can presidents get away with bold foreign policy initiatives, and even then they have to be popular and presiding over a strong economy in order to do so (since voters tend to ignore foreign policy issues when their pockets and bellies are full). However, owing to the perverse ideological evolution of the Republican Party, only Democrats would even contemplate doing so after 1990, which meant that it was left to Clinton or Obama to be bold (recall that Nixon opened the relationship with China and Reagan encouraged glasnost and perestroika, even if both Republican presidents did so for self-interested reasons).

I have little doubt that Clinton would have normalised relations with Cuba in his second term if he had not been hamstrung by the Lewinsky scandal, which helped turn the Elian Gonzalez saga into a Republican battle cry (Elian Gonzalez was a little Cuban boy who washed up on US shores in a raft in which his mother died. After weeks of to- and fro-ing between the US government and exiled members of the boy’s family, he was forcibly repatriated to Cuba to live with his divorced father. Sensing that Clinton was wounded by the Starr investigation into Cigargate, the GOP turned the boy’s ordeal into an anti-communist political circus, which effectively ended the quiet efforts Clinton’s administration had initiated with an eye towards opening up the Cuban relationship).

Now it appears that Obama has seized the moment to undertake a little glasnost of his own, perhaps because he senses that he has little to lose given the disloyal nature of the opposition (which will rant and rail at anything he does), perhaps because the US economy is doing well enough for him to feel immune on some aspects of foreign policy even after the adverse results of the midterm elections, and perhaps because, like gay marriage and medical marijuana, the US public has simply changed its views on Cuba over the years.  In fact, it is likely a little bit of each, as the GOP and Fake News blowhards may not want to waste political capital on a dead issue that will gain the GOP no electoral traction. As it turns out, with the exception of some posturing clowns like Marco Rubio and the braying jackasses on conservative media outlets, the reaction from the political Right has been fairly muted.

It will be interesting to see what happens in the next few years. Back when I was dealing with Cuba, the word from their side was that everything was negotiable except for two pillars of the revolution: health and education. That is to say, the vaunted Cuban health and educational systems were sacrosanct and could not be touched in any post-Castro environment. Beyond that, market forces could dictate how Cuba would re-insert itself in the global economy. With an extremely literate, healthy and underemployed work force, it would seem that Cuba would be ideal for any number of value-added export commodity production ventures (textiles and pharmaceuticals have already become targets of foreign investor interest).

The other issue, left unresolved during my time working that beat, was the role of the Communist Party. It is clear that the Cuban political elite have been watching the transitions in the former socialist world, be it the USSR, China, Vietnam or Eastern Europe. They have also watched the experiments in indigenous socialism in Venezuela, Ecuador and Bolivia. It is pretty clear that they would prefer to do a China-style transition to state capitalism under one party rule.

The trouble with that preferred picture is that it is only a partial transition, with the political regime remaining largely the same while the economy changes. That may be possible in a huge country like China but is problematic in a small country like Cuba, especially when it is so proximate to a formerly adversarial super power and has a number of expatriates with ideas about Cuba’s future that do not include a dominant role for the Communist Party, much less its continued sole rule.

Thus the conundrum for the second and third generation Cuban Communist Party leadership is whether to embark on a sequential transition (first changing the economy then the political system, or, less likely, vice versa), or  to go all in and mount a simultaneous transition of the economic and political systems. From the standpoint of keeping things peaceful and orderly, the best hope scenario is a sequential transition in which economic change precedes political change. Opening Cuba for business will present a formidable challenge for the Communist Patry, and the social and cultural influences that will come with diplomatic normalisation and economic opening will be hard to contain, much less stop. So whether by design or by the forced pace of change, it is likely that the Cuban political system will open up as a result of the economic transition and its superstructural ramifications.

The key is for the Cuban political elite to realise that the Chinese transition model is not possible for them given the circumstances, and that the days of one party rule will either come to a natural end or be overturned by force. In that light the best thing to do is to prepare a timetable leading up to multiparty competitive elections somewhere down the road, with appropriate guarantees put in place to preserve key revolutionary gains and to safeguard the institutional position of entities like the Revolutionary Armed Forces (FAR).  That will take some doing, and could well take a fair bit of time given the current makeup of the Communist Party leadership (in which Fidelistas still hold significant influence along with Raulistas).

The question remains as to what will happen with the two pillars of the revolution in a market-driven economy. It also remains to be seen as to how Cuban society will respond to the introduction of full market logics on the island. Things like the elimination of food subsidies and introduction of merit-based employment criteria in and outside the public serve could prove painful for Cuban society. It could also lead to  criminal opportunism in what some observers have already characterized as an increasingly amoral and feral civil society no longer wedded to the revolutionary ethos of the original 26th of July movement. If one thinks of where Cuba is spatially located in relation to drug trafficking corridors, the downside possibilities should be obvious.

Even so, the resumption of full diplomatic relations is a welcome development and hopefully followed by a formal end to the US embargo (not a certain thing, given opposition by GOP majorities in both the Senate and the House of Representatives). There still will be many hard days ahead as Cuba comes to grip with its post-revolutionary future, but at least the range of potential outcomes will be expanded relative to those extant up until a few days ago. As for the US, it demonstrates that sometimes diplomatic face-saving on foreign policy is a waste of energy and the better self-interested choice is to admit mistakes and move on. As the old Korean saying goes: a rich uncle can afford to be generous.

Whatever its motivations, Uncle Sam just was.

 

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Repost: The torture-terror doctrine.

Release of the US Senate Intelligence Committee’s report on the CIA “enhanced interrogation” program has once again brought to the fore arguments about the ethics and efficiency of torture when used as part of interrogations. The ethical question reduces to a lesser evil versus greater good argument: as a lesser but necessary evil torture is used to prevent a greater evil in defense of the public good. Hence, torturing someone who knows where a bomb with a fifteen minute timer is planted in a shopping mall is both necessary and good because it will save countless lives.  Torture of someone who is believed to have rigged a car bomb outside a Kabul hotel is seen as unfortunate but just if lives are saved.  The issue is one of tactical urgency, and the value is in the tactical intelligence obtained under duress: the location of the bomb.

However, even if torture might work in some instances in extracting real-time tactical intelligence that saves lives, it is of little use in obtaining strategic intelligence on longer-term of broader based events.  Given the cellular nature of irregular warfare operations, torturing someone to get information, for example, about Osama bin-Laden’s whereabouts is simply time and resource wasting. Instead, what is required is a long-term piece by piece build up of plausible scenarios based on the corroborated evidence provided by multiple sources. Torture simply cannot provide that. And as it turned out, it was old fashioned human intelligence “gumshoe” work that revealed bin-Laden’s hideout.

As for efficiency, the record on torture as an interrogation tool is poor. Hardened zealots would rather than die than betray their comrades. Innocents and weak-willed individuals will say anything to get the punishment to stop, which means wasting time and resources (and risking exposure) tracking down spurious leads.

So why did the US resort to torture after 9/l11? I have written a fair bit about this in the past but have a hunch that its use was much more about punishment than it was about obtaining information.

I have not written much about the subject here on KP. The one essay that addressed it centrally can be found here.  However, in 2005 I published an essay that explored the symmetry between torture and terror in post 9/11 US security doctrine as part of my late “Word from Afar” series in an on-line media outlet .  Although if written today I would make some modifications to the argument and the conclusions, the thrust would remain pretty much the same. Hence I have re-published it below:

“The Symmetry between Torture and Terror.”

(First published April 21, 2005 in Scoop.co.nz)

Revelations about torture of political prisoners held in US prisons in Afghanistan, Guantanamo Bay, Cuba, Iraq and the lower fifty have sparked debate about what is permissible in grey area, irregular conflicts such as the fight against Islamicist terrorism. Brutalisation of terrorist suspects and sympathisers is allowed by a raft of post 9-11 legislation that also authorises their indefinite detention without charge and the practice of “extraordinary rendition” (whereby those suspected of involvement in terrorist activities are refouled to the country of charge or origin, to be detained, interrogated and juridically administered under local conditions).

President Bush explicitly stated in the days immediately following the 9/11 attacks that the US would stop at nothing to locate, bring to justice or eliminate those who organized, sponsored, supported or in any way collaborated in the planning of those events, as well as previous assaults on US interests around the globe. He was roundly applauded at the time by the shell-shocked US public, and it was in that environment that the legal framework for handling terrorist suspects, along with the Patriot Act and Department of Homeland Security, were born.

Subsequent divisions over the use of torture in US detention centres have surfaced along the intersection of practical versus ethical considerations. Torture is considered to be a forced necessity imposed by the ungentlemanly nature of the opponent, or is seen as a moral indictment of the US approach to the “war on terror” that descends into the barbarism that it purports to fight. The subtext of the ethical debate swings both ways. Zealotry and unilateralism in the Bush administration are seen as evidence of both moral elevation or moral decay. Faith in the moral virtue of the current US leadership prevailed among its voting public in the November 2004 national elections (by 52 to 47 percent), something not that dissimilar from the vote totals received by Richard Nixon at the time of his re-election in 1972. Then and now it is comforting for the voting majority to know that the United States Government is legally justified in authorising acts that violate international conventions on the rules of engagement. For Nixon, legal justification of the secret extension of the Vietnam War into Cambodia was grounded on such a means-ends rationale, and so it is with today’s US approach to the war against Islamicist irregulars and jihadis.

Politicians, jurists and pundits are left with the unhappy task of morally justifying inhumane acts committed against suspected enemies or ideological criminals. Myriad others have reason to wax indignant about the perversity of such arguments. Yet, beyond the pressing ethical dilemmas posed by the use of torture against suspects, there are very organic reasons for doing so. These reduce to a question of symmetry in war and the reciprocal utility of torture as a weapon.

Military planners prefer their wars to be symmetrical. Symmetrical wars are those in which opponents are arrayed along a roughly comparable range of force, with similar weapons and tactics. Although contested, the political objectives of symmetrical wars, as well as the strategic rationales used in their pursuit, are grounded in shared understandings of the limited utlity of war. Generally comparable military capabilities and comon expectations of combat and post-conflict behaviour define the physical boundaries of the armed engagement. That leads to the adoption of norms governing the behavior of belligerents, resulting in, among other things, the Hague Convention on Laws of Warfare and the Geneva Convention regarding treatment of prisoners of war. It is adherence to a general set of conventions regarding the conduct of combat operations within bounded levels of force that determines the difference between so-called “conventional” and “unconventional” or “regular” and “irregular” conflicts.

The use of force is conditioned in conventional or regular wars by its relative symmetry, which serves to reduce chaos (and the reach of combat) by providing rules of the game that serve as the ethical and legal foundation for the formulation of military policy and application of armed force in pursuit of political objectives. Incremental qualitative gains and relative quantitative advantages in weapons and troops constitute the physical parameters of war. Within those lines elements of comparative resource base, collective will and technological innovation determine military victory. Adherence to ethical guidelines for wartime conduct is expected of all belligerents.

Asymmetrical wars are those in which the military capabilities of opponents, defined as weapons systems, logistical infrastructure, troop numbers and other indexes of armed might, vary markedly. One side dwarfs the other, militarily speaking. Of itself, that is not what makes such wars unconventional. What does is the combination of ideology, interest and tactics used. If the ideological motivation of opponents is diametrically opposed (say, a choice between submission to secular infidels or defeat by medieval heathens), where the weaker actor is fighting for its national, cultural, religious or ethnic survival whiles the stronger actor is not, then the strategic rationales used by military adversaries will differ considerably. This brings in issues of pure and situational ethics, and the tactics used in pursuit of them.

Guerrilla wars are the highest expression of asymmetric wars. They are fought unconventionally by highly motivated volunteer irregular troops against conventional militaries (often those of nation-states or foreign occupiers, and in many cases paid professionals). In these types of war the distinction between combatant and non-combatant, symbolic versus military targets, and offensive versus defensive operations is deliberately blurred and often reversed by the weaker party (of which there is often more than one, which requires tactical, if not strategic coordination between them–an obvious Achilles Heel). For the weaker party contestation of territory is of secondary importance. What matters is cultivation of popular support and weakening of the opponent’s determination to continue to fight in pursuit of its political interests in a given geographic area. The Iraq conflict is a microcosmic distillation of that fact.

Conventional military planners prefer that force asymmetries be in their favour, understood as superior military technology, training, organization and tactics brought to bear within a given continuum of force on an enemy that agrees to play by the “rules.” For the irregular warrior, the object of the exercise is to use time, tenacity and psychological impact as instruments to wear down the will of the militarily superior opponent. Symbolic acts figure very highly in the guerrilla strategist’s tactical priorities, and terrorism against so-called “soft” civilian targets is central among them because it is designed to produce paralysing fear and a desire to acquiesce among the enemy’s support base. This extends the conflict outside the purely military realm into the area of social cohesion.

The firebombing of Dresden and atomic bombing of Hiroshima and Nagasaki were designed to do more than kill the thousands that they did. The bombings were designed to demoralise the German and Japanese human reserve and erode civilian support for continuing the war. So it is with suicide bombers in vehicles or on foot, even if they operate in wars that are undeclared. The difference is that in one instance a warring nation-state utilises terror by extending the non-military reach of conflict via conventional military means, whereas in the other case a non-state actor uses non-conventional methods to do the same thing.

Against an agile and elusive opponent who refuses to fight in conventional symmetry, a militarily superior actor is muscle-bound. Naval fleets, strategic airpower, armoured divisions and thousands of troops are of little use against terrorists operating in dispersed, decentralized fashion in and among civilian populations. If used, they are overkill when confronted by the networked cells that are the organizational latticework of transantionalised terrorism. Sometimes overwhelming force is simply too much force given the character of the opponent and the contextual circumstance in which she is engaged. Should the irregular, unconventional actor refuse to be drawn out into conventional symmetry, the only option for a stronger conventional actor is to engage on her terms. This is the realm of Special Operations and Low Intensity Conflict (SOLIC), which in US practice has evolved new features in the form of CIA para-military squads and contract interrogators not beholden to the rules of engagement governing military intelligence and police.

This is what lies behind the US resort to torture. Along with the deployment of special forces teams and CIA squads in areas in which Islamicists congregate, the US is attempting to get down to the level of its Islamicist opponents in order to bring symmetry to the conflict. The operative belief is that if Islamicists want to play “dirty” by terrorising civilians world-wide, then the US government will demonstrate that it can bring to bear all of its power and resources on those terms. It does so by using the legal, military, administrative and political assets of a superpower to expand the range of allowable state and para-state violence while justifying and institutionalising extra-judicial treatment of terrorist suspects. Legal vetting of the wording of a variety of coercive interrogation techniques that require cabinet-level authorisation is emblematic of the US approach in that regard.

That the US releases many suspected terrorists without charge is beside the point. The objective is symbolic and systematic, or phrased differently, to terrorise in return. Those subjected to the new standard of detention and interrogations who gain release will inform others. They will detail the cruelty as well as the seemingly endless bureaucratic procedures required to seek redress, and they will expound upon their fear. What will be impressive about their stories is the banality of the reciprocal evil practiced in pursuit of “freedom,” and the sense of hopelessness and despair they felt while in its embrace. That condition of atomised infantilisation, whereby the subject is physically isolated, punished and scared while being powerless and utterly dependent on the whim of the captor, is a state of terror.

Torture of Muslims in US detention centres may inflame passions amongst Islamicist hard -liners (defined as those who will commit bodies to the conflict given sufficient provocation). Their mobilisation is justified as an acceptable variant on the honey trap theme, whereby an attractant (or provocation) prompts passive al-Qaeda cells to attempt further terrorist attacks. At that point they can be identified and hunted down, although some will wreak damage before doing so. In the scheme of things, that is held to be an acceptable cost of victory.

More importantly, public dissemination of the torture-terror doctrine will serve to dampen the passion of other would-be jihadis, and deter many who thought to join the Islamicist cause. The point is to demonstrate to the unconventional enemy and its supporters that the superpower, as well as other states, can well fight irregularly and systematically as well, if not better. After all, the most common–and effective–type of terrorism in history is state terror, not that practiced by today’s Islamicists.

This explains the why of using torture-terror as a combat weapon against terrorism. What it does not address is the issue of objective. If the objective of using torture on terrorist suspects is to extract valuable strategic and tactical intelligence from otherwise uncooperative subjects, the results have been poor. Sorting out the wheat from the chaff amid the hundreds of desperate stories told under duress by US detainees has been a difficult process, with relatively little valuable intelligence garnered from it. Thus, as a information gathering technique torture has not been a panacea for the US intelligence community, and given media exposure has become a public relations liability for the US–at least in the West. However, an alternative objective might better explain the rationale as well as the pragmatic criteria upon which to choose it.

If the objective is to wear down the will of jihadis to persist in their global armed challenge while at the same time removing their recruitment base, the systematic use of legally-sanctioned torture-terror by the US may bear fruit. In the measure that it achieves symmetry, it raises the costs of the engagement to the jihadists. In the measure that it turns the tables and weakens the will of the Islamicist irregulars to continue to fight, it will prevail over the long term. In the measure that it prevails it re-establishes the relationship between the West and “the Rest,” especially the Muslim world. In doing so it reconfigures the geopolitical landscape of the Middle East and elsewhere by extending the cultural boundaries of Western influence to the necessity of recognizing the need for symmetry in war. That, it seems, is the political syllogism underpinning the torture-terror doctrine.

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Media Link: Gettysburg Address and its contemporary relevance.

It is the 150th anniversary of the Gettysburg Address and Jim Mora at RNZ remembered it. He invited me on to the Panel segment to discuss its relevance today with a person who is well informed and one who is less so but strongly opinionated. The segment occupies the first 10 minutes or so of the audio feature and I come in at about the 4:20 mark.

http://www.radionz.co.nz/audio/player/2576894

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Coleman’s Cultural Cringe Moment.

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

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

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

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

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

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

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

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

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

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

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The bin-Laden legacy.

Nearing the second anniversary of Osama bin-Laden’s death, it might be wise to pause and reflect on his legacy. The purpose is to give an objective appraisal rather than to engage in emotive debate or prejorative discourse.

Bin-Laden’s major legacy is one of ideological inspiration: he cemented in the minds of some sectors of the global Islamic community the idea that Western encroachments on Muslim societies, particularly that of the US, could be resisted with irregularly deployed armed force. These actions need not be spectacular, such as the 9/11 attacks. They could equally be low-level, localized and home-grown so long as they were persistent and unpredictable. There cumulative effect would increase the anxiety of the targeted (mostly but not exclusively Western) populations while prompting an over-reaction by their respective security authorities that impacted on basic notions of civil liberties, individual freedoms and collective rights. The sum effect would be risk aversion by non-Muslims when it came to imposing non-traditional values and interests on Muslim societies.

With regard to the US, bin-Laden’s broader strategic objective, as former CIA officer and bin-Laden profiler Michael Scheuer has pointed out, was to over-extend the US military in an ongoing global unconventional conflict unconfined to national borders or specific regions, which would result in economic bankruptcy and ensuing political polarization within the US. That in turn would prompt the resurgence of isolationist and pacifist tendencies within the US public that would erode support for foreign policies of intervention in Muslim lands.

Although the strategic concept vis a vis the US has not been fulfilled to its ideal, it seems to have been in some measure successful: the costs of the wars in Afghanistan and Iraq contributed to the fiscal crisis that led to the 2008 recession and ensuing politics of austerity. Iraq was a strategic over-reach (and mistake) by the Bush 43 administration intent of demonstrating its resolve as well as its military might. Increasingly polarized over basic notions of identity and values, the US public has nevertheless become more collectively risk adverse when it comes to engagement in foreign conflicts, something reflected in the tenor of politics within the Washington beltway.

Likewise, the Afghanistan conflict went from being an attack on al-Qaeda and its Taliban protectors to a war of occupation without end under the guise of “nation-building” and “security assistance.” The material costs of both wars have been phenomenal and the human costs, if not counted in the billions, have been equivalent to those of Vietnam and the Korean Conflict. Previously dormant ethno-religious tensions have been awakened in Asia, Europe and North America with ill political and social effect. The politics of toleration, once a hallmark of Western democracy, now competes with xenophobia and religious separatism for electoral favor. Even Australia and New Zealand are not immune from the syndrome.

In terms of the armed conflict itself, there are now two broad fronts involving two very different strategies at play from a “jihadist” point of view. On the one hand, attacks in stable nation-states with minority Muslim populations have devolved into dispersed, decentralized, self-radicalized grassroots small cell operations in which elements of the Muslim diaspora use their local knowledge to conduct symbolic attacks on host societies. Modeled on Che Guervara’s “foco” (wildfire) theory of guerilla warfare as channeled by Carlos Marighella with his “two-prong” strategy of simultaneous urban and rural insurgency, the objective is not just one of symbolic protest but also to prompt a blanket over-reaction by local authorities in which many are targeted for the crimes of a few.

The lock-down in Boston during the one suspect manhunt after the marathon bombings, a clear violation of the fourth amendment to the US BIll of Rights prohibiting unwarranted searches and seizures (ostensibly done in the interest of “public safety”), is a case in point. More generally, the suspension of civil liberties under a variety of anti-terrorist legislation in a number of Western democracies, to include New Zealand, demonstrates just how successful bin-Laden’s strategy has been at eroding the constitutional pillars of these societies.

That is all the more poignant because Islamic terrorism does not constitute an existential threat to any stable society, Western democratic or not. In fact, one can argue that terrorist acts are more acts of desperation in the face of permanent value or cultural change than it is a defense of tradition or promotion of a preferred alternative (think of the attacks of armed Marxist groups in Europe in the 1970s and 1980s). It may be injurious and tragic for those involved, but in the larger scheme of things it is more akin to the last grasp of a drowning person than it is a serious challenge to the socio-econmic and political status quo.

However, in fragile or unstable states where Muslim populations are a majority or a significant minority, the strategic objective is to gain state control waging more conventional wars. The confluence of historical grievances rooted in traditional forms of discrimination superimposed on territorial or resource disputes lends popular support to jihadist attempts to wrest sovereign control away from pro-western regimes in places like Yemen, Mali, Somalia, and increasingly, Nigeria. Likewise, Muslim irredentists with local grievances engage in guerrilla wars in Chechyna, Thailand, Pakistan the Philippines and Kazakstan, among other places.

In a twist of fate, the so-called “Arab Spring” has allowed battle hardened jihadists from places such as Chechnya, Iraq and Afghanistan to exploit the window of opportunity offered by civil war in places like Libya and Syria to promote their Islamic agendas in solidarity with their local brothers. Courageous, ferocious and determined, these forces provide discipline to otherwise rag-tag resistance movements who in the absence of such help are more likely to be defeated than to prevail.

The impact of these internationalists was felt in Libya, where in spite of covert Western military assistance the jihadists gained a significant toe-hold that has yet to be dislodged. Likewise, the resistance in Syria is increasingly led by black flag fighters drawn from throughout the Sunni world. The possibility of these forces eventually securing power in both countries remains very real.

Not all has gone to plan according to bin-Laden’s dream. The use of lethal drones as a favorite anti-terrorist weapon has decimated al-Qaeda leadership ranks. The military and intelligence campaigns against militant Islamicists have prevented the organization of large-scale attacks such as 9/11 because the number of people and logistics involved invite early detection and proactive response. With the exception of Pakistan, which has strategic reasons for playing both sides of the fence in the so-called “war on terrorism,” Muslim states have largely joined the anti-Islamicist campaign (although Sunni Arab support for the fight against the Gaddafi and Assad regimes is clear). Thus the decentralization of jihadist operations was a practical necessity as much as the second part of a long-term plan.

The bottom line is that although the bin-Laden legacy is mixed, it has been indelible: the world is a changed place as a result of his actions, for better or for worse. But the world is also a different place because of the response to his actions, for better or worse. It is the latter that will determine the fundamental impact of the former long after his death.

 

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Channeling Wayne LaPierre on the subject of US school massacres.

Once again, the namby pamby pinko liberals have gone ballistic about a school shooting. The closet Muslim atheist commie gay-loving half-breed president cried crocodile tears about the deaths of some children and a few teachers even though that many are killed each week in car wrecks, water mishaps and domestic violence incidents that have nothing to do with guns. Reliable reports from Fox News state that the killer may in fact be a Democratic plant used to whip up anti-gun hysteria so that the liberals can continue their secular progressive agenda against the second amendment and God. As the great statesman Charlton Heston once said, they will have to pry my cold dead fingers off my fully automatic, 50 round magazine AR-15 (American made of course) before they take away my right to bear multiple arms.

The hard target truth is that banning guns only allows the deranged and criminally minded to have them. Instead, we need more guns rather than fewer guns in the hands of law-abiding citizens (although perhaps not those of color given their proclivities). After all, an armed crowd is a polite crowd.

Guns do not kill people, people do. Guns are not sentient beings, with a conscience. They are tools. Tools should be readily available to everyone because they are helpful in advancing God’s plan for America. The more tools available the better the project advances. How the tool is used depends on the person wielding it. Just like a hammer, saw, crowbar or chisel could be employed in deranged or criminal ways, so too guns can be used for unlawful purposes. Just because they may be automated and are designed to kill does not mean that they are evil. Heck, if we follow the liberal-vegan-animal rights activist logic, a line trimmer in bad hands is a serial killer.

The issue is not the availability of guns in the US. It is about the prevalence of nutters in an increasingly non-religious multicultural society where traditional Anglo-Saxon values, to include worship respect for firearms, is no longer as sacrosanct as it was in the good old white patriarchical days (although it is a concern that black folk do not appear to shoot up schools, malls and workplaces as much as white folk do, but that probably has more to do with them having criminal records before reaching the legal gun buying age rather than any moral aversion–at least that is what my preacher tells me). Left morally rudderless by the decline of US civilization caused by the secular progressive communist non-Judeo-Christian feminist agenda, troubled youth will wrongfully employ the tools of the righteous.

With that in mind, as responsible gun fetischists the NRA has consistently lobbied for better security at schools. But unlike passive measures like metal detectors, rent-a-cops and triple locked gates during school hours, we advocate the arming of all school teachers and administrative staff. We have also undertaken studies that demonstrate that 10 year olds who have taken a gun safety course are quite capable of carrying concealed weapons and using them to good effect in self-defense situations, including those that may arise in schools. We say that it is better to target the solution rather than the problem because any solution that seeks to limit ownership of guns IS the problem.

We believe this even though we are fully aware that public schooling is a yoke placed around the necks of parents and children by big government, be it local, state or national. We understand that public sector employees, to include teachers and school administrators, comprise a large part of the enemy within. But as parents, siblings and spouses going about their lives, they have a right to defend themselves by force in the face of tyranny or criminal intent.

The bottom line is that this latest tragedy would not have happened if the principal, teachers and fourth grade students at this particular school had been armed. Say what they might, the liberals cannot escape that bullet proof logic.

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Drones in our future.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Media Link: The GCSB and the Dotcom case

I was interviewed by the RNZ Nine to Noon program on the subject of the GCSB involvement in the Kim Dotcom case. Nicky Hagar followed me. Although it now has been confirmed that the Police misled the GCSB as to the residency status of Dotcom and his associates, the dates of the awarding of residency status to at least some of the group, including Mr. Dotcom, is somewhat nebulous in the MSM reporting.  This is being clarified as the media dig into the issue, but my initial comments before yesterday’s revelations might be of interest to some. They are here.