The Obama administration may be facing another setback in the quest to close Guantanamo Bay. On Tuesday, several news outlets reported that Moazzam Begg, a former Guantanamo detainee, has again been placed in custody for terrorism-related offenses linked to the crisis in Syria. Begg, a citizen of the UK, was initially arrested in Islamabad in 2002 and transferred to Guantanamo Bay before being released in 2005. He has maintained that he was involved in charity work and was not a member of any terrorist organization. Continue reading
Yesterday afternoon, the Associated Press reported that the US is currently tracking an American citizen and terrorist suspect in Pakistan. While officials have not confirmed the identity of the man, they described him as an “al Qaeda facilitator” who is currently plotting attacks against the United States. Now the Obama administration is struggling with the question of whether to use the controversial drone program to eliminate him. Continue reading
Six months after the White House announced that drone strikes would move from the CIA’s authority to the DoD, new reports state that the transfer will not be happening any time in the near future. President Obama originally claimed that the transfer was meant to increase transparency and open up debate in regard to the controversial drone strikes across the Middle East. While many will undoubtedly criticize the delay, the situation may not be as bad as it appears on its face. In fact, it may be that keeping drone strike capabilities in the hands of the CIA will actually be a positive in the long run. Continue reading
Despite claims that drone strikes in Pakistan have been effective and efficient, new reports are set to come out later this week that link the drone campaign with high civilian casualty rates, raising questions regarding the United State’s transparency in the ongoing drone war. Continue reading
Abu Anas al-Liby, the Libyan man and suspected al-Qaeda leader accused of aiding the 1998 U.S. embassy bombings in East Africa, appeared in a New York federal court for the first time yesterday. Al-Liby pleaded not guilty to charges linking him to the bombings, as well as charges that allege that he plotted with Osama bin Laden to attack American troops across the Middle East. Reports from inside the court stated that al-Liby appeared weak and in poor health, most likely due to his decision to stop eating while aboard a U.S. ship as well as an ongoing bout with hepatitis. Al-Liby was captured earlier this month after he was found by American special forces in Tripoli. Continue reading
A few days ago I wrote about the Obama administration’s decision to shut down 19 embassies in the Middle East and North Africa for the remainder of the week in response to what officials are calling a serious and credible threat. The State Department has since reaffirmed that some embassies will remain closed until further notice while others will reopen on Monday. We already know that the threat causing the shutdown came from al-Qaeda’s Yemeni branch, but we’re still in the dark in regard to what the threat actually entails. Continue reading
Unless you live under a rock, you’ve probably heard about the State Department’s response to an alleged terrorist threat this past Friday. The State Department issued a travel alert to all Americans traveling abroad and even went so far as to close 21 foreign embassies over the weekend, 19 of which will remain closed through this week. Although the embassies that are now closed are located mostly in the Middle East and North Africa, the travel alert covers Americans traveling to all parts of the globe. Continue reading
Scraps of world-wide military transformations litter the news, leaving a careful observer with one uneasy and exciting implication: CHANGE. News of ground warfare has been largely replaced by flashy articles about “cyber warfare.” The Army slashed 12 combat brigades across the country, begrudgingly announcing the plan to reduce the number of active duty soldiers by 80,000 in four years (long enough a wait to pray for a Republican president to rescue their budget).
Meanwhile in Afghanistan, their infant Air Force is gleaning every drop of information they can from their Western trainers. NATO will end their training aid in 18 short months. Gen. Shir-Mohammad Karimi, the Afghan National Army chief of staff told 13 flight school grads, “Having all these U.S., coalition forces, advisers, instructors and contractors around us is a golden opportunity for all of us… Make sure you do not [squander] learning enough skills from them…”
Meanwhile in Asia, a collection of countries (including China, India, and Indonesia) sit poised to become the leading coalition of military spending. The US has been permitting (resentfully) the attrition of the budget to a mere $707.5 billion (not including FBI counter-terrorism (who do earn their budget!!! …a little prejudiced.), International Affairs, defense-related Energy Dept., Veterans Affairs, Homeland Security, satellites, veteran pensions, and interest on debt from past wars). However, Asian countries are prepared to meet US military spending by 2021, anticipating an increase in spending of 35%.
Meanwhile in Israel, they stand prepared to surpass the US as the largest exporter in the world of unmanned drones this year.
So where is the victorious “meanwhile in the US” blurb? What are we overtaking? More importantly, WHAT ARE WE WINNING? Well, folks, once more we are winning the make-the-same-arguments-we’ve-been-making-for-a-decade award. Huge trophies will be delivered to the Navy SEALs, Army Rangers, Delta Force and Green Berets as soon as they can fit it in the budget. A two-year study is to be conducted. Although we hear the typical regurgitated physical-requirements argument against the inclusion of women (not surprised face), I was sickened to learn we’re still talking about the “cohesion and morality” of the group (Army Maj. Gen. Sacolick’s words). Trust me, the declarations are ripe with phrases fretting over “social implications” and “distractions.” I kid you not: “Distractions.” Once more women are to be confined from a respected and desired combat position because of men. Well, you can keep your worries because like it or not gender equality is coming for you, special ops. It may not be today. It may not be tomorrow! It may not even be in the year 2015 after your comprehensive and oh-so-fair study. But it will be soon. And for the rest of the military’s life!
Chelsea Perdue, Research Fellow
Center for Policy and Research
Syria, a country scarred by decades of violent repression, erupted into civil war in mid-2011. Students were tortured for anti-government sentiments and live ammunition was routinely fired into crowds of protesters. The Human Rights Watch revealed in July 2012 that the Syrian government maintained at least 27 torture centers. In time, an insurgency arose, resorting to militant means to overthrow the Assad government.
The US has been reluctant to intervene in Syria’s affairs, though the plea for help has grown stronger with each passing month. Despite the $515 million in humanitarian assistance delivered to the Syrian opposition, Congress has been pressuring the Obama administration to provide munitions (including missiles) and to declare of a no-fly zone. The most notable opposition derives from Republican Sen. McCain: “This is not only a humanitarian issue. It is a national security issue. If Iran succeeds in keeping Bashar al Assad in power, that will send a message throughout the Middle East of Iranian power.” In addition, Democratic Sen. Casey urges that even provision of heavy weaponry may not be enough support for the Syrian opposition.
On June 13, 2013, intelligence confirmed the use of chemical weapons by the Assad government on at least four occasions. The weapons have reportedly killed between 100 and 150 people. In response, President Obama announced that the Assad regime had crossed the “red line” the US had drawn and authorized direct military aid to rebel forces. The White House Deputy National Security Adviser for Strategic Communications stated, “The President has said that the use of chemical weapons would change his calculus, and it has.”
So begins a new chapter in the Syrian civil war: Hope. A chapter the U.S. will help write.
Chelsea Perdue, Research Fellow
Center for Policy and Research
The Obama administration is reportedly taking another look at the legal foundations of its use of drones for lethal counterterrorism operations. And none too soon, with the changes in the structure of al-Qaeda stretching the AUMF to the breaking point.
Like the war in Afghanistan, the targeted killing campaign in Pakistan, Yemen and elsewhere was undertaken under legal auspices of the Authorization for the Use of Military Force, passed by Congress in the wake of the 9/11 attacks. That law allowed the administration “to use all necessary and appropriate force” against those who “planned, authorized, committed, or aided” the 9/11 attacks or who “harbored such organizations or persons”.
However, with the continuing tactical successes of the dogged and technologically sophisticated campaign to target the core al-Qaeda leadership in Pakistan over the last several years, the terrorist network has become much more diffuse. This makes finding the necessary connections to the al- Qaeda senior leadership much more difficult, thereby undermining the legal justification for using lethal force. In fact, even detaining these individuals would require that they fall under the AUMF or some other legal authority (something critics of targeted killing often overlook).
This diffusion of al-Qaeda—and the legal authorities for use of force—is not a particularly new phenomenon. After all, after the invasion of Afghanistan, and the routing of the Taliban and al-Qaeda, many al-Qaeda operatives left the Afghanistan/Pakistan theater altogether, dispersing across the globe. They were not going into hiding, per se, but looking for new places to recruit, plan, and carry out their terrorist operations. When the US subsequently invaded Iraq, some al-Qaeda operatives followed us there to take root in the security void we created.
The courts have taken an expansive view of the AUMF, allowing the administration to target these “associated forces,” or what many analysts have called al-Qaeda 2.0. However, these individuals and groups had clear, direct connections to the original, core al-Qaeda element run by Osama Bin Laden and Ayman al-Zawahiri which planned and carried out the 9/11 attacks.
Most al-Qaeda 2.0 groups were founded and run by his lieutenants, and remained in contact with Bin Laden. This is not true of the newest crop of terrorist groups cropping up across the Middle East and Africa. Instead, the leadership of these new groups often learned their trade as lieutenants to al-Qaeda 2.0 leaders and have only the most tenuous connections to the core al-Qaeda group. This makes fitting them into the AUMF scheme difficult, creating questionable legal authority to use lethal force.
According to a senior Obama administration official,
“The farther we get away from 9/11 and what this legislation was initially focused upon, we can see from both a theoretical but also a practical standpoint that groups that have arisen or morphed become more difficult to fit in.”
Even the leaders with the firmest connections often pose legal problems: Mokhtar Belmokhtar, a former fighter in Afghanistan and later leader of al-Qaeda in the Islamic Maghreb (AQIM), had broken ties with AQIM and formed his own group, the al-Mulathameen Brigade operating in Algeria and Mali. The threat he poses to the to the US is not diminished, however. He was the mastermind of the Algerian gas plant attack, which lead to the deaths of three US citizens. However, because he is no longer a part of al-Qaeda or one of its franchises, the administration determined that the AUMF would apply to him.
When those like Belmokhtar and the Benghazi attackers kill Americans, the US could capture them based on criminal law enforcement authorities. However, should we have to wait for US citizens to be victimized before we allow the government to take action, when we know that an individual or group has nefarious intentions? Should we also have to wait until they show up somewhere that we can execute an arrest without undue danger to our agents?
The Obama administration is now looking for ways to square this circle, and create a more permanent framework for dealing with these issues. However, they apparently do not like their options. Simply expanding the current AUMF is unappealing. “You can’t end the war if you keep adding people to the enemy who are not actually part of the original enemy,” according to one person who participated in the administration’s internal debates. But relying solely on the constitutional authority of the President are not appealing either.
And while the administration may be correct that there is little political appetite for it, what is needed is a new authorization, allowing the executive broader authorities to kill or capture terrorists that target US interests, not just those connected to specific prior attacks. But these authorities must be coupled with judicial and congressional oversight procedures to protect against abuse or overuse. In fact, failure to create these authorities with built-in checks will encourage future presidents to rely on their inherent authority to act to defend the country from foreign threats, thus seizing all of the power with none of the constraints.
A more comprehensive “Counterterrorism Operations Powers Act” would create checks on the President’s powers, while still giving him the ability to carry out his duty to protect the nation. It would also help to elucidate the line between law enforcement situations and national security/counterterrorism situations.
Paul Taylor, Senior Research Fellow
Center for Policy & Research