Afghanistan, Britain, Government, Military, National Security

The court martial of a Royal Marine sergeant and two others…

VERDICTS

Society’s norms are cast adrift in a world of firefight and ambush, where air strikes leave disfigurement and random death in its wake. Protagonists could argue that society has no real business judging people who live and operate in a world of war-torn combat.

That is why it has been imperative that the Royal Marine Sergeant found guilty of murdering a wounded Afghan insurgent in September 2011 was tried in a court martial. Some may suggest the guilty verdict is an outrage; after all, there was no disagreement that the victim was an armed enemy combatant sworn to kill British soldiers if he could.

Others, too, may consider the not guilty verdicts of two other Royal Marines in the dock also appalling. The cleared two had been present at the killing, did not try to prevent it, and therefore, by the standards applied by most criminal courts, equally guilty – even though they did not pull the trigger. This kind of scenario, however, is one that never gets put before a civilian court.

Afghanistan was a war zone in which the participants – British soldiers and Afghan fundamentalists – were not only trying to kill each other but also, in the case of the Royal Marines, had lawful justification for doing so when in a firefight.

What is more, Helmand is a notorious battlefield where the Royal Marines’ enemies do not obligingly wear uniform. One moment they can be innocent and virtuous civilians, the next a lethal and devastating enemy intent on murdering soldiers, a juxtaposition that makes counter-insurgency operations especially difficult. Amid such severe brutality and death there is an altered morality.  Because the rules of engagement that soldiers operate under may result in a killing and may seem bizarre to some, this could also generate sympathy for the marines caught up in a situation that has become ever-more bitter.

Nevertheless, rules do exist for a very good reason. Morality may be altered, but it still exists. The code of the Geneva Convention, to which British armed forces have long subscribed, says that combat ends when the enemy either surrenders or is incapacitated to such an extent that fighting becomes impossible. Killing the enemy after either of these points has been reached becomes murder.

The court martial heard recordings of the conversation held by the Royal Marines at the time the Afghan insurgent was murdered. They show that the soldiers knew of the rules, especially the one convicted who was a sergeant in command of the others. In an attempt to vindicate himself the sergeant assumed the victim would not have respected the Geneva Convention and would have happily murdered the Royal Marines had he been in a position to do so. He claimed, which was also recorded, that he believed the man was dead before he shot him through the chest.

As the outcome of the court martial has shown this was rightly rejected. There is no justification at all. The Royal Marines were deployed to Afghanistan in a humanitarian cause which was to aid the removal and suppression of a Taleban regime which not only supported and facilitated killing and the terrorising of other nations including ours, but also brutalised their own people. The Afghan insurgent murdered by the Royal Marine sergeant is in complete violation of his rules of engagement. And he knew it.

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Britain, Government, Intelligence, National Security, Society, Technology, United States

The appearance of the heads of Britain’s Secret Intelligence Services before Parliament…

A WELCOME STEP

Yesterday, the heads of the three intelligence services in Britain – MI5, MI6 and GCHQ – gave evidence in public for the first time before Parliament’s Intelligence and Security Committee (ISC).

Underlying the examination was one of the oldest questions about the nature of state-sponsored surveillance: who monitors and regulates the watchers? An analysis of what was said should glean that we did not learn a great deal that we did not already know. The transparency element, for example, went only so far. They appeared suitably nondescript, too, with faces you would quickly forget in a crowd, a prerequisite for any spymaster.

MI6 chief Sir John Sawers, GCHQ chief Sir Iain Lobban and Andrew Parker, who handles intelligence agents in the UK, deserve some credit for showing up, given their keen professional aversion to public exposure in a political theatre. This should be seen as a welcome step in the right direction if the work of the agencies is to be more open and less susceptible to caricature by conspiracy theorists.

Three developments compelled yesterday’s momentous public appearance. The first is the leaks by the former US national security contractor Edward Snowden which revealed extensive spying by GCHQ and the US National Security Agency. The scope and extent of this surveillance, its modus operandi and authorisation frameworks are matters of high public interest and concern given our historic traditions of personal privacy and public angst over the monitoring activities of government into citizens’ lives.

The second is the revolution wrought by communications technology with subsequent and resultant concerns over data protection. And the third is the sizeable increase to the budget of the security services to combat ‘terrorist’ threats. Balancing the duty to protect the public from dangerous and highly-organised would-be killers with how that objective is achieved by SIS (Security & Intelligence Services) is bound to create conflicts.

For spymasters, whose stock in trade is secrecy, it is perhaps too much for others to expect answers to be given in public about what they do. Such shortcomings soon became apparent during exchanges about the impact of the leaks perpetrated by Mr Snowden. Sir Iain Lobban denounced the way the disclosure of thousands of covert documents had hampered his agency’s efforts to thwart the nation’s enemies. Sir Iain claimed it had put the security effort back many years. In a similar vein, Sir John Sawers insisted our adversaries were ‘rubbing their hands with glee’ as a result. When asked, though, for specific details they retreated behind a cloak of secrecy, saying that to divulge such information would compound the damage.

Because of the synthetic nature of the exercise, the imperfections exposed matters that could not be revealed and which the public would not expect to be told. It is from this point, then, where we have to rely on systems of parliamentary oversight and surveillance protocols to work effectively.

It is indicative that the parliamentary committee for security and intelligence hold the chiefs accountable in private for the allegations they have made and to establish whether their concerns are substantively genuine. The ISC should then report its findings to the public.

The issue of mass surveillance was also raised at a time when it is becoming increasingly difficult to keep an appropriate balance between intrusion and security because communications technology is developing so rapidly. On being asked how legislation setting out their powers can possibly be relevant today when it was last updated 13 years ago, Mr Parker of MI5 said the law was a matter for parliament, not the intelligence chiefs. They also punctured the notion that simply because something is secret does not mean it is also sinister.

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Government, Middle East, National Security, Pakistan, Society, United States

Drone strike against the Taliban chief in Pakistan is a questionable victory…

U.S. DRONE STRIKE

Following last Friday’s US drone missile attack that killed the leader of the Pakistan Taliban, many ordinary people in Pakistan remain incredulous over US aims and objectives.

The assassination which came a day before a government delegation from Pakistan was due to meet him, leaves the government of Nawaz Sharif looking unreasonably irrational in the eyes of its own population. Worse still, the temper of anti-Americanism in Pakistan is likely to be exacerbated given the probable complicity in US violations of its sovereignty.

Hakimullah Mehsud was a repellent individual. Under his auspices, the Pakistan Taliban (the TPP), have killed thousands of people in sectarian driven attacks.

Western policy makers, however, should pause before rejoicing in the death of a reprehensible Islamist. The question is not whether Mehsud had a redeeming side, but crucially whether America’s drone missiles and the tactics being deployed are making a dangerous situation on the Pakistan-Afghan border even worse.

The evidence clearly suggests the situation has become worse. One only needed to have noted the furious reactions to Friday’s strike from prominent politicians in Pakistan such as Imran Khan and Chaudhry Nisar Ali Khan, Pakistan’s Interior Minister. Both indict the Americans with sabotaging the chances of peace talks between the Taliban and the government. Whether the CIA set out to deliberately derail the talks, or refused to be side-lined over its strike plans, the decapitation strike and timing of Mehsud’s killing was terribly misplaced to say the least. The very prospect of a negotiated end to the Taliban’s reign of terror was not mere idle fantasy on the part of the Islamabad government. Only two weeks ago, Mehsud told British journalists that he felt open to the idea of a peace pact.

Negotiations are now off the table. As normal with high-profile capitulations, the CIA will congratulate itself on having knocked out a long-standing target. Mehsud was on the agency’s most wanted terrorist list for a 2009 bombing in Afghanistan that claimed the lives of seven CIA operatives. Yet, after a successor emerges, Mehsud will quickly be forgotten. Meantime, the 30 or so Islamic militant groups loosely affiliated to the TPP will be off the leash, competing for the honour of how best to exact revenge on the U.S. or their perceived stooges.

It will be a surprise to no one that people in Pakistan have become weary of the war that America is conducting on their soil against militant Islamists. The recent visit to Washington by President Sharif in urging Barack Obama to stop the drone strikes came to nothing. This has only reinforced the feeling that, in the context of the alliance, Pakistan’s own wishes count for little.

The United States should listen to the concerns being expressed by their ally on drone strikes, but in all likelihood seems unlikely to. Instead, as we witness, Mr Obama has increased using them. A war without borders looks set to splutter on, while Pakistan continues picking up the pieces.

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