Happy Constitution Day, Every Day?

Appreciate Checks and Balances on Constitution Day

This Constitution Day marks 229 years since the Framers signed the U.S. Constitution following more than four months of debate, votes, and revisions in Philadelphia.

The Constitution deserves celebration.

Civil rights enshrined in the Bill of Rights ensure numerous freedoms absent in other parts of the world. We are not kidnapped and detained without cause. We are free to practice our faith, and wear religious garments as suits our conscience. And we are free to group together and participate in political debate.

But we often overlook the benefit of a checked and balanced government. The Constitution prescribed a three-branched government to ensure that no faction could unaccountably overstep its authority. As children learn, the legislative branch makes law, taxes, and spends (Article I), the executive branch enforces law (Article II), and the judicial branch resolves cases and controversies before it (Article III).

For most of the our history, the Constitution has limited the federal government’s capacity to create law, tax, regulate, and criminalize. The three branches have the power to check each other, and the ballot box ultimately holds politicians accountable.

But the Framers could not foresee the emergence of the regulatory state, which has effectively become the fourth branch of U.S. government.

Congress abdicated its lawmaking powers to literally countless agencies from the New Deal era to the present day. Agency bureaucrats can and do generate regulations autonomously. In 1946, Congress passed the Administrative Procedures Act, which prescribed the “notice-and-comment” process to constrain agency rulemaking, but this is a poor substitute for the accountable and divided government framed by the Constitution. While the public may comment on proposed regulations before enactment, regulators may ignore opposition to costly new rules, or even fabricate public support in favor of regulation.

Agencies increasingly avoid notice-and-comment rulemaking altogether using what Clyde Wayne Crews calls “regulatory dark matter”: industry guidance, opinions, and interpretations. Because many agencies have enforcement power, guidance and opinion letters—even blog posts—may effectively impose new requirements and certainly new compliance costs of businesses. Through new “interpretations,” agencies take advantage of the deference courts give them. Interpretations can effectively announce new rules by decree, as when the Department of Labor unexpectedly decided that a 1938 law makes certain independent contractors into employees.

Some agencies have also become adept at usurping legislative and judicial powers by settling lawsuits with non-government organizations, which creates de facto law without formal rulemaking or appropriation. For example, the EPA currently hopes to expand its authority by imposing clean fuel standards on Volkswagen to settle unrelated diesel fraud claims. The EPA has a track record of setting policy though settled litigation.

While the three canonical branches of government counterbalance each other, the “fourth branch” simply accumulates regulations and dark matter rules over time. Layers accumulate like debris in a neglected gutter. Regulations fossilize over time, as once-burdensome rules become the expectations of industry, deterring competition and hindering innovation. Volumes of code can block the flow of economic development indefinitely.

But there is hope: the Framer’s original design is still intact. Congress and the President can scrape off regulatory debris, banish regulatory dark matter, and prevent more from accumulating.

It would be a fitting tribute to the Constitution.

For my Military Friends: General Mattis -‘Everyone Fills Sand Bags’

 

Art of War Papers

Hat-tip to Michael L. ValentiMajor, USMC

Mattis believed in delegating responsibility to the lowest capable level. He stated, “Most Marine units and most Marines can do more than they are asked to do. It’s how you unleash that, delegate the decision making to the lowest capable level so that units can maneuver swiftly and aggressively based on exercising initiative. A sense of co-equal ownership of the mission between generals and 18 year olds.”

Mattis asserted that “by reading, you learn through others’ experiences—generally a better way to do business—especially in our line of work where the consequences of incompetence are so final for young men.”36 This alluded to a responsibility that is inherent to commanders and leaders: honest and detailed preparation for the task. It went far beyond just concentrating study on tactics, techniques, and procedures, for that will never be enough for “those who must adapt to overcoming an independent enemy’s will are not allowed the luxury of ignorance of their profession.”37

Mattis gave guidance on the construction of his staff. He wanted “a small staff comprised of aggressive officers who were able to act with initiative, make rapid decisions and recommendations, and exercise good judgment.”14 Due to the small size of the staff and few enlisted Marines to support it, General Mattis made it clear that everyone had to “fill sandbags.”15 The initial tempo of planning was intense and as new members arrived to fill positions, they had to be caught up to speed quickly and start working quickly. In order to expedite this process the creation of a “Brain Book” was implemented. The book consisted of various references and orders that were needed to get new members ready to operate quickly. The Brain Book by itself would not be enough. Instead, professionalism, willingness, and doctrinal foundation of the new members of the staff would carry them the rest of the way.16

General Mattis’s personal feelings:

War is a human endeavor and as such, warriors must be comfortable operating on and within the scopes of human terrain.38 An object in war is to impose our will upon the enemy.39 It is critical in professional study to include the study of the human dimension that is the study of decision-making, group interaction, leadership, etc. When the enemy votes, a study of these topics will enable the warrior to beat him to the polls.

warrior

A Marine from the 15th Marine Expeditionary Unit moves to a security position at Forward Operating Base Rhino, Afghanistan, 25 November 2001. Photo by Sgt. Joseph R. Chenelly. (DVIC DM-SD-06-03033).

Mattis asserts that a commander must “be ready to embrace allied elements without necessarily having TACON/OPCON over them—use HANDCON.”54 Bringing allied elements into the planning process early with an emphasis on information sharing a commander can gain battlefield harmony through trust building.55 His bottom line is that “you will have little formal authority yet expectations for tactical achievements will not be diminished just because you lack formal command authority.”56

The greatest attribute a field grade officer can have according to Mattis is anticipation.57 General Mattis anticipated his lack of resources, capabilities, and authorities and actively sought measures to correct them by forming relationships and exchanging liaison officers.

For a full read and inspiring summary, go here.

Image result for task force 58 afghanistan 2001

Related reading: Task Force 58: A Higher Level of Naval Operation

Has Anyone Asked Obama about the Perfume Letter?

This will make you miss GW Bush.

Related reading: The General Accounting Office comprehensive response to Senator Dianne Feinstein on the factors to transfer detainees to the homeland facilities.

The base is self-sufficient.

– Desalination plant produces 1.2 million gallons of water per day

– Power plant produces more than 350,000 kilowatt-hours of electricity per day.

– Wind Turbines

o On average 2-3 percent of the base’s electric energy per day comes from the Naval Station’s four 262 ft. tall, three-blade turbines.

o Each of the turbines produces 950 kilowatts of electricity.

o The wind turbines save approximately 250,000 gallons of diesel fuel per year.

Major Units and Tenant Commands:

– Naval Hospital

– Marine Corps Security Force

– Personnel Support Activity

– Naval Atlantic Meteorology and Oceanography Command Detachment

– Naval Media Center Detachment

– Department of Defense Education Activity – W.T. Sampson Schools

– International Organization for Migration

– The GEO Group

– Naval Facilities Engineering Command (NAVFAC) Southeast, Public Works Detachment

– Fleet & Industrial Supply Center (FISC), Jacksonville Detachment, GTMO

– Joint Task Force Guantanamo (Detention Center)

– U.S. Coast Guard Aviation Detachment – Guantanamo Bay, Cuba

The Disgraceful Gitmo Exodus

Obama’s terrorist-release program

WeeklyStandard: As Barack Obama prepared to enter the final year of his presidency, he sat down for an interview with Olivier Knox to discuss a bold new policy change. He had announced a year earlier that the United States would be ending its decades-long isolation of Cuba and seeking rapprochement with the authoritarian Communists who run the island nation 90 miles from Florida. In this December 14, 2015, interview, Obama described his new approach in greater detail. The change he proposed dominated headlines for days.

There was other big news in the interview—though this the media didn’t treat as such. The president declared that he remained committed to closing the detention facility at Guantánamo Bay, despite strong objections from Republicans and some Democrats. Obama had campaigned in 2008 on closing Guantánamo and as one of his first acts upon taking the oath of office signed Executive Order 13492 directing his national security team to shutter the facility within a year:

The detention facilities at Guantánamo for individuals covered by this order shall be closed as soon as practicable, and no later than 1 year from the date of this order. If any individuals covered by this order remain in detention at Guantánamo at the time of closure of those detention facilities, they shall be returned to their home country, released, transferred to a third country, or transferred to another United States detention facility in a manner consistent with law and the national security and foreign policy interests of the United States.

Almost seven years later, much to Obama’s frustration, the facility remained open. Closing it had proved much more challenging than Obama had theorized as a candidate trying to win an election and a new president acting on his idealism. It turned out that the jihadists who remained in Guantánamo were there for a reason. Many of them were truly, as the cliché had it, “the worst of the worst.” Al Qaeda leaders, top Taliban officials, the men who planned the 9/11 attacks, veteran jihadists caught plotting follow-on attacks on U.S. interests, and even those al Qaeda operatives believed to be charged with carrying out the next wave of assaults on the U.S. homeland.

The news in the president’s interview wasn’t that he intended to make good on his promise to close Guantánamo, however belatedly. It was instead the president’s attempt to mislead the American people to accomplish his controversial objective.

“I am absolutely persuaded, as are my top intelligence and military advisers, that Guantánamo is used as a recruitment tool for organizations like ISIS,” Obama said, endeavoring to create a national security rationale for closing the detention facility. “And if we want to fight them, then we can’t give them these kinds of excuses.”

This isn’t true. There is virtually no evidence that jihadists use Guantánamo as a significant recruiting tool, and national security experts from across the political spectrum who have tested the claim have judged it false.

He wasn’t finished. “Keep in mind that between myself and the Bush administration hundreds of people have been released and the recidivism rate—we anticipate, we assume that there are going to be—out of four, five, six hundred people that get released—a handful of them are going to be embittered and still engaging in anti-U.S. activities and trying to link up potentially with their old organizations,” Obama said.

That wasn’t true. When Obama made this claim, 653 detainees had been released. Of that group, 196 had been confirmed (117) or suspected (79) of returning to jihadist activity upon their release. Those numbers came from the office of the director of national intelligence and represent the U.S. government’s official count of Guantánamo recidivism. Nearly one-in-three former detainees returned to the fight, not a “handful,” as the president suggested.

There was more. “The bottom line is that the strategic gains we make by closing Guantánamo will outweigh, you know, those low-level individuals who, you know, have been released so far.”

Again, false. The U.S. government—under George W. Bush and Barack Obama—has released dozens of veteran jihadists whose terror résumés include senior positions in al Qaeda and like-minded groups. And of course Obama had himself transferred five senior Taliban officials to Qatar in order to secure the release of Bowe Bergdahl.

So, at a time of escalated threat levels from international terrorists, the president of the United States is releasing dangerous jihadists against the advice of the military and intelligence professionals who have studied the threat for years, and he’s lying to the American people to downplay the threat.

That’s news. And yet a review of press briefing transcripts from the State Department, the Pentagon, and the White House over the two weeks after Obama’s claims shows that his interview didn’t generate a single follow-up question. Not one.

Hence the president, having paid no cost for misleading the American people on such a crucial matter of national security, is moving forward undeterred. Vice President Joe Biden, at a press conference in Stockholm late last month, said his “hope and expectation” is that Guantánamo will be closed by January 20, 2017.

In recent weeks, the Obama administration has transferred from Guantánamo al Qaeda operatives who were working directly for the men who planned the 9/11 attacks. Obama’s Periodic Review Board has approved for transfer a veteran jihadist who was identified in the 9/11 Commission report as an individual who “recruited 9/11 hijackers in Germany.” The administration is preparing to release or transfer many remaining jihadists judged by U.S. military and intelligence professionals to be “high-risk” detainees who would almost certainly return to the fight if freed.

As the administration’s urgency increases, so will its deception. And so, too, will the dangers to the American people.

The ‘Karachi Six’

On September 11, 2002, Pakistani forces stormed three al Qaeda safe houses in Karachi. Their targets were Ramzi Binalshibh, the point man for the 9/11 hijackings one year earlier, and Hamza al Zubayr, who was planning to attack hotels frequented by Americans. Both Binalshibh and Zubayr worked for Khalid Sheikh Mohammed (KSM), the chief architect of 9/11. At Binalshibh’s safe house, the residents held knives to their own throats in a desperate attempt to stall their enemies’ advances. Their gambit failed and Binalshibh, a native of Yemen, was captured. Elsewhere in Karachi, at another al Qaeda guesthouse, Zubayr was killed during an intense firefight that lasted hours.

In all, 10 people were captured during the raids. The detainees included six other Yemenis who were later dubbed the “Karachi Six” by U.S. intelligence officials. Five of them were detained at Zubayr’s safe house after the shootout with Pakistani forces. One of them was captured alongside Binalshibh. All six were transferred to Guantánamo on October 28, 2002.

Three days after the raids, on September 14, 2002, President George W. Bush praised the operations in Pakistan during a press conference with Italian prime minister Silvio Berlusconi. “We’re making progress in the war against terror,” Bush said. “I tell the American people all the time that we’re doing everything we can to protect our homeland by hunting down killers one person at a time.” The president added: “Thanks to the efforts of our folks, and people in Pakistan, we captured one of the planners and organizers of the September the 11th attack that murdered thousands of people.”

That was then.

Since the beginning of this year, at least five members of the “Karachi Six” have been approved for transfer by the Obama administration. Two of them, including the man captured at the side of this planner and organizer of the September 11th attack—Ramzi Binalshibh—were sent to the United Arab Emirates (UAE) in August. When the Department of Defense announced their transfer from Guantánamo, along with 13 others, it thanked the UAE “for its humanitarian gesture and willingness to support ongoing U.S. efforts to close the Guantánamo Bay detention facility.” The implication was clear: It was inhumane for the United States to continue holding the jihadists.

A senior UAE official tells The Weekly Standard that the men will be kept in a military facility that allows them internal freedom of movement but includes “strict monitoring” to ensure that they cannot escape.

The Pentagon said nothing about the dangers posed by the detainees. Nor was there any mention of the fact that the decision to transfer them reversed years of warnings from U.S. military and intelligence professionals about the Karachi Six.

U.S. intelligence analysts had assessed that the Karachi Six were slated to take part in terrorist attacks ordered by KSM and orchestrated by Zubayr and Binalshibh. At a minimum, the professional analysts concluded, they were part of the support network that helped with Zubayr’s plotting against American targets in Karachi. But intelligence officials thought these al Qaeda operatives may have been involved in something even more troubling: KSM’s plans to target the American homeland once again. Whatever their specific plans, there was broad consensus among U.S. military and intelligence officials—based on extensive intelligence reporting from multiple U.S. intelligence agencies, including in-person interrogations with other senior al Qaeda leaders—that the men captured in Pakistan on September 11, 2002, were dangerous al Qaeda operatives determined to attack the United States and its interests.

Then, suddenly, in late 2015, the Obama administration reversed these conclusions, describing four of the Karachi Six as merely “low-level” or “low-ranking” fighters. Multiple publicly available documents illustrate how the Obama administration changed the analysts’ assessments.

In 2008, Joint Task Force Guantánamo (JTF-GTMO), which oversees the detention facility, deemed each member of the “Karachi Six” a “high” risk, “likely to pose a threat to the U.S., its interests, and allies.” JTF-GTMO recommended that they remain in the Defense Department’s custody. The leaked JTF-GTMO threat assessments authored for each of the six opened with this line:

Detainee is assessed to be an al Qaeda operative who planned to participate in terrorist operations targeting US forces in Karachi, Pakistan (PK), and possibly inside the United States.

But the Obama administration changed the assessment on precisely this point beginning in late 2015.

In files submitted to a Periodic Review Board (PRB), which was authorized by Obama in 2011 to evaluate the Guantánamo detainees’ cases on a regular basis, the administration’s representatives conceded that the Karachi Six were transferred to Guantánamo “based on concerns that they were part of an al Qaeda operational cell intended to support a future attack.” But, the administration argued, they probably “did not play a major role in the attack plotting in Karachi.”

The Obama administration’s unclassified submission for each of the six jihadists includes these lines (or similar language):

Based on a review of all available reporting, we judge that this label [ed: Karachi Six] more accurately reflects the common circumstances of their arrest and that it is more likely the six Yemenis were elements of a large pool of Yemeni fighters that senior al Qaeda planners considered potentially available to support future operations.

The file for one of the six, Ayoub Murshid Ali Saleh, who was transferred to the UAE in August, explicitly notes the Obama administration’s disagreement with previous U.S. intelligence analyses (emphasis added):

Our review of available intelligence indicates that he probably did not play a major role in terrorist operations, leading us to disagree with previous US government assessments that he was involved in a 2002 plot to conduct an attack in Karachi, Pakistan.

The language here matters. The Obama administration does not claim that the change in the assessment on Saleh was based on new information, but a “review of available intelligence.” In other words, they looked at the same information that has driven U.S. intelligence assessments since 2002 and decided it no longer meant what the intelligence professionals had concluded.

Just months after these files were submitted to the PRB, at least five of the Karachi Six were approved for transfer. In four of the unclassified decisions, the PRB wrote (emphasis added):

In making this determination, the Board noted that the detainee’s degree of involvement and significance in extremist activities has been reassessed to be that of a low-level fighter

“Low-level” fighters. Remember that phrase as we delve into the details.

The reporting cited in JTF-GTMO’s files and other documents does not support the administration’s revised conclusion. Instead, the mosaic of intelligence portrays a very different picture: All six were working for Khalid Sheikh Mohammed or KSM’s men, including some of the same operatives who planned and facilitated the 9/11 attacks.

During the raid in which Zubayr was killed and five members of the Karachi Six were captured, the Pakistanis recovered a crucial document known as the “perfume letter.” The missive, which was written by KSM in May 2002 and addressed to Zubayr, was given this name because of its cryptic reference to “perfumes.” U.S. officials initially suspected that this code word referred to chemical weapons or poisons, but they later concluded that KSM meant military-grade explosives.

The “perfume letter” would become a key piece of evidence in the dispute between Democrats on the Senate Intelligence Committee and the CIA over the value of the intelligence collected in the agency’s enhanced interrogation program. The CIA claimed that intelligence from harsh interrogations thwarted an al Qaeda plot against American targets in Karachi in 2003. In the so-called Feinstein report, Democratic senators and their staffers argued that the U.S. government already knew about the al Qaeda threat in Karachi from the “perfume letter.”

“Dear Brother, we have the green light for the hotels,” KSM wrote to Zubayr. KSM added that Zubayr should consider “making it three instead of one.” Consistent with al Qaeda’s modus operandi of conducting simultaneous suicide operations against multiple targets, KSM wanted Zubayr to strike three hotels housing Americans at once.

“By early October 2002,” the Feinstein report reads, “the CIA had completed a search of the names identified in the ‘perfume letter’ in its databases and found many of the individuals who ‘had assigned roles in support of the operation’ were arrested by Pakistani authorities during the [September 11, 2002,] raids” (emphasis added). While it is not clear based on public reporting which members of the Karachi Six are directly named in the “perfume letter,” if any, only four other individuals were arrested during the raids.

And there is no doubt that Zubayr, the letter’s recipient, was in charge of the Karachi Six. One of them, Shawki Awad Balzuhair, identified Zubayr as the Karachi Six’s “operational leader.” According to the JTF-GTMO files, Balzuhair explained that Zubayr was “unconditionally accepted as the leader of the group given his stature in al Qaeda” and his experience as a “senior military trainer” at the Farouq camp, which was Osama bin Laden’s primary training facility in pre-9/11 Afghanistan. Balzuhair has been approved for transfer from Guantánamo.

According to the Feinstein report, another senior al Qaeda operative named Walid Bin Attash, also known as “Khallad,” was specifically identified in the “perfume letter.” Khallad was directly involved in the USS Cole bombing in October 2000. He also helped al Qaeda prepare to hijack airliners leaving Southeast Asia for the United States prior to the 9/11 hijackings. Al Qaeda originally intended to commandeer planes headed for America’s West Coast as part of the 9/11 plot, but bin Laden canceled Khallad’s portion of the plan. Months later, Khallad went to work with KSM and KSM’s nephew, Ammar al Baluchi (also a key figure in the 9/11 attacks), on the anti-American plots in Pakistan. Khallad and Baluchi, both of whom were captured in 2003, planned to use the explosives left behind by Zubayr and his men in their own operations.

The intelligence cited by JTF-GTMO tied Khallad and Baluchi directly to the Karachi Six. Balzuhair told U.S. officials that Khallad, “visited the apartment” where he and the others lived “roughly every two weeks” and was their “primary facilitator in Karachi,” as well as “their link to senior people in al Qaeda.” Balzuhair also said that Baluchi “visited to bring money, clothing, and assistance.” Additional evidence cited in the leaked JTF-GTMO files indicates that the Karachi Six were working directly for KSM and his subordinates.

Bashir Nasir Ali al Marwalah was transferred to the UAE in August. The JTF-GTMO threat assessment for Marwalah notes that he was captured alongside Binalshibh, the man Bush cited in the days after the raid as a key planner of the 9/11 attacks.

The file includes another stunning detail. After KSM himself was captured months later, in March 2003, he was questioned about another letter he authored that was recovered during the Karachi raids. In this second letter, KSM “instructed” Binalshibh “to tell an individual named Jafar al-Tayyar to be ready for travel.”Al Tayyar means “the pilot.” And “Jafar al-Tayyar” is better known as Adnan al Shukrijumah, who was eventually killed during a counterterrorism operation in northern Pakistan in late 2014.

For American counterterrorism officials, the true identity of “Jafar al-Tayyar” was one of the biggest mysteries in 2002 and early 2003. Both the FBI and the CIA frantically tried to track him down after he was identified as the potential ringleader for al Qaeda’s next wave of attacks inside the United States. CBS News reported in March 2003 that U.S. officials thought he could be the “next Mohammad Atta”—a reference to the lead hijacker on 9/11.

KSM was dismayed that his “Jafar al-Tayyar” letter had fallen into American hands. “When [KSM] was confronted with the letter during a custodial interview,” according to JTF-GTMO, “he was surprised that the letter existed, as detainee [Marwalah] was supposed to destroy important documents and correspondence.” JTF-GTMO’s analysts surmised that KSM’s “comment indicates that detainee [Marwalah] had access to operation planning and coordination through his handling of the correspondence.”

The Obama administration’s reassessment elided this straightforward conclusion, and the evidence that led to it, claiming curiously that Marwalah’s “role in al Qaeda operational plotting is unverified.”

KSM’s letters weren’t the only incriminating evidence recovered during the Karachi raids. Authorities also found and analyzed two laptop hard drives. According to JTF-GTMO’s threat assessments, the hard drives “contained images of instrument approach charts for major US and European airfields, along with flight simulator software.” An analysis by the National Geospatial-Intelligence Agency (NGA) concluded that the data on the hard drives could be used to plan another hijacking or to assist in the targeting of aircraft with man-portable air defense systems (MANPADS). JTF-GTMO’s analysts concluded it was “probable” Jafar al-Tayyar (Shukrijumah) was “utilizing the data from the hard drives” in his “operational planning.”

Another document scooped up during the raids is especially difficult to explain away. The Obama administration’s PRB summary notes in passing that Marwalah’s “last will and testament” were “found in the Karachi raids” and “included a martyrdom statement.” JTF-GTMO’s memo describes this document as Marwalah’s “last will before a suicide operation.” And JTF-GTMO’s analysts added a commonsense observation: “The presence of the document indicates that detainee [Marwalah], and probably the group [Karachi Six] as a whole, were in the final stages of planning suicide terrorist operations.”

Why else would Marwalah have written his “martyrdom” message if he wasn’t preparing to die? The Obama administration, in its eagerness to rewrite the history of the Karachi Six, didn’t offer an alternative explanation in its unclassified summary.

That’s not all. Some members of the Karachi Six, including Said Salih Said Nashir, told authorities that they had personally met with KSM. Curiously, Nashir is the only one of the six whose PRB decision has not yet been released to the public. In its unclassified summary for Nashir’s case, the administration claimed he wasn’t part of Zubayr’s plot in Karachi. But Nashir was hardly exonerated. Instead, the administration claimed Nashir “was probably intended by al Qaeda senior leaders to return to Yemen to support eventual attacks in Saudi Arabia,” but “may not have been witting of these plans.” The summary also notes that Nashir has “admitted to a close association with some of [al Qaeda’s] external operations planners and senior leadership, including” Khallad.

In sum, there is abundant evidence that the Karachi Six were working directly for senior al Qaeda operatives, including KSM and his immediate subordinates. Five of them lived with Zubayr, who was plotting against American hotels in Karachi.

Even if one were inclined to accept the Obama administration’s spin on the evidence about the Karachi Six, that revisionism doesn’t support the conclusion that they were harmless innocents. The administration itself argued it was “more likely” the Karachi Six “were elements of a large pool of Yemeni fighters that senior al Qaeda planners considered potentially available to support future operations.” Of course, unlike many of the Yemenis from this “large pool,” these six were actually living with the “senior al Qaeda planners” responsible for the Karachi plots. And one of them had already said his goodbyes as a willing “martyr.”

Tellingly, the Obama administration previously found that the Karachi Six should remain in U.S. custody. In January 2010, President Obama’s Guantánamo Review Task Force concluded that all six should be detained under the law of war, because they were “too dangerous to transfer, but not feasible for prosecution.” It was only under the Periodic Review Board (PRB) process, established by President Obama on March 7, 2011, that five of them were eventually granted transfer. It turns out that is an all too frequent occurrence. (In response to detailed questions about the Karachi Six and the transfers to the UAE, Pentagon spokeswoman Lt. Col. Valerie Henderson said, “Detainee-related information is derived from multiple sources, some of which was gathered by the Intelligence Community through sensitive sources and methods and cannot be discussed publicly. The Department of Defense is constantly reviewing its detainee-related information for accuracy and updating its records as appropriate.”)

Transferring Detainees ‘too dangerous to transfer’

To simplify: President Obama created two different entities to evaluate Guantánamo detainees and the risks they present to the United States. Both bodies—first Obama’s task force and later the Periodic Review Board—were conceived to further the president’s oft-expressed objective of closing the detention facility. As the end of Obama’s presidency draws near, and the urgency of closing Guantánamo increases, Obama’s PRB is finding ways to transfer many of the same detainees that Obama’s own task force previously said were too dangerous to transfer.

The PRB’s web page describes the body as “a discretionary, administrative interagency process” that was established “to review whether continued detention of particular individuals held at Guantánamo remains necessary to protect against a continuing significant threat to the security of the United States.”

To date, according to a review of government filings conducted by The Weekly Standard, the PRB has issued a ruling in 52 cases. Thirty-three detainees have been approved for transfer by the PRB. The PRB determined that continued detention of 19 Guantánamo detainees “remains necessary” to protect the “security of the United States.” This means that the PRB has approved Guantánamo detainees for transfer in nearly two-thirds of the cases it has heard.

This is a stunning success rate for these particular detainees. To put it in perspective, keep in mind that Obama’s own Guantánamo Review Task Force previously assessed all 52 of these detainees and determined that none of them—not one of them—should be transferred or released. Twenty-eight of the 33 detainees approved for transfer by the PRB had been deemed “too dangerous to transfer but not feasible for prosecution” by Obama’s task force. The remaining five approved for transfer by the PRB were referred for prosecution by Obama’s task force. But instead of being prosecuted, they have either already been transferred or will be.

To add some additional perspective, keep in mind that Obama’s task force decided that nearly two-thirds of the 240 detainees remaining at Guantánamo as of January 2009 could be transferred. The task force made it clear that the detainees approved for transfer were not deemed innocent. Nor were they considered non-threats. Instead, Obama’s task force concluded that the security risks they posed could be adequately mitigated. In many of these cases, Obama’s task force decided to transfer detainees who had been deemed “high” risks by the military and intelligence professionals at JTF-GTMO. That is, Obama’s task force was willing to accept the dangers these detainees’ presented to further the president’s desire to close Guantánamo.

Regardless, even Obama’s task force drew the line at transferring the detainees who have been evaluated by the PRB. But roughly two out of every three of them have won transfer under the PRB process.

Simply put: The Obama administration is transferring many of the detainees the administration itself previously deemed to be the worst of the worst—including at least five members of the Karachi Six and the man long suspected of recruiting some of the 9/11 hijackers.

Al Qaeda’s Forrest Gump?

The 9/11 Commission published its final report in 2004. The lengthy account connects the dots on the key al Qaeda figures who carried out the most devastating terrorist attack in history. On page 165 of the report, readers are introduced to a Mauritanian named Mohamedou Ould Slahi, who is described as a “significant al Qaeda operative.” Slahi was “well known to U.S. and German intelligence, though neither government apparently knew he was operating in Germany in late 1999,” the commission’s report explained. Slahi’s presence in the heart of Europe proved to be crucially important. An appendix to the report makes clear why: Slahi “recruited 9/11 hijackers in Germany.”

Indeed, Slahi facilitated the travel to Afghanistan of the aforementioned Ramzi Binalshibh and at least two of the 9/11 hijackers. (Mohammed Atta, the lead hijacker, used the same route as those three, but apparently didn’t receive instructions from Slahi directly.) The four jihadists who traveled to Afghanistan on Slahi’s advice are known to history as the Hamburg Cell. Three of them piloted hijacked planes on 9/11. Al Qaeda probably could not have pulled off the attacks without them.

Slahi was detained in late 2001 and shipped to Guantánamo in 2002. He has been held at the facility ever since. As reflected in the 9/11 Commission report, U.S. intelligence professionals have long considered him to be a key al Qaeda recruiter.

On July 14, 2016, the PRB approved Slahi for transfer, finding that “continued law of war detention of the detainee is no longer necessary to protect against a continuing significant threat to the security of the United States.” Essentially, the PRB believed Slahi and his advocates when they said he wanted to begin his life again in peace. The PRB’s unclassified decision cited Slahi’s “candid responses” to its questions, including “recognition of his past activities,” but didn’t provide any further details. The PRB believes there are “clear indications of a change in [Slahi’s] mindset.” He will be transferred.

Slahi’s detention at Guantánamo has long been controversial because he was treated harshly during interrogations. Slahi was one of a few detainees subjected to a special interrogation regime in Cuba. Human rights activists and anti-Guantánamo zealots have not been content to denounce the manner in which Slahi was questioned; they have turned Slahi into something of a living martyr. They claim he was essentially the jihadist Forrest Gump. According to his advocates, even though Slahi admittedly swore allegiance to al Qaeda in the early 1990s and repeatedly assisted various al Qaeda operatives through the years thereafter, he somehow wasn’t really an al Qaeda man. They’ve characterized his meeting with the Hamburg Cell as a jihadist sleepover—innocent and misunderstood. Slahi himself pitches a version of this sanitized story in his widely acclaimed autobiography, Guantánamo Diary, which is a New York Times bestseller.

President Obama’s Guantánamo Review Task Force concluded in 2010 that Slahi should remain in detention under the law of war, because he was too dangerous to transfer. But the administration didn’t fight hard to keep him in detention during the PRB process. The administration’s unclassified summary for the PRB notes: “He facilitated the travel of future 9/11 operational coordinator Ramzi [Binalshibh] .  .  . and two future 9/11 hijackers to Chechnya via Afghanistan in 1999.” This is mostly accurate, but leaves out a key point. According to the 9/11 Commission, Binalshibh and the others wanted to join the jihad in Chechnya. It was Slahi who convinced them to go to Afghanistan for training first.

The leaked JTF-GTMO threat assessment for Slahi references a constellation of other al Qaeda personalities in his life. For instance, Slahi showed up in Montreal in November 1999, just weeks before Ahmed Ressam, who was trained in Afghanistan and relocated to Montreal, began his journey for Los Angeles. Ressam intended to detonate a car bomb packed with explosives at the LAX airport as part of the “Millennium Plot.” Ressam was arrested in mid-December 1999 before he could complete his mission. JTF-GTMO’s analysts concluded that Slahi “had prior knowledge” of Ressam’s plan and had “contact with extremist cells in Canada planning for that attack.” Slahi disputes this, and the government’s PRB summary doesn’t mention the connection.

Court documents show that, in January 1997, Slahi sent a fax to a known al Qaeda operative named Christopher Paul. In it, Slahi asked for Paul’s help in finding “a true Group and Place” for “some Brothers” who wanted to wage jihad. The fax is significant because Slahi sent it years after he and his boosters now claim that he had forsworn al Qaeda. In 2008, Paul pleaded guilty in an American court to conspiring to bomb targets in Europe and the United States.

Slahi also routinely consorted with a relative, a jihadist known as Abu Hafs al Mauritani, who was once one of al Qaeda’s most senior ideologues. The administration noted in its PRB summary that Slahi “established a broad network of terrorist contacts while living in Germany, Canada, and Mauritania.” (Again, Slahi’s advocates portray his terrorist network as a benign Rolodex of acquaintances who just happened to be al Qaeda.) While “most of his extremist contacts have since been detained or killed,” Abu Hafs al Mauritani is “currently residing in Mauritania.” Abu Hafs “could provide him [Slahi] with an avenue to reengage, should he decide to do so,” the administration noted. Abu Hafs is also referenced in the 9/11 Commission report as one of a handful of bin Laden subordinates who may have opposed the suicide hijackings, although he later praised them. Abu Hafs was also suspected of involvement in earlier terrorist plots.

Judging by his Twitter feed (@AbuHafsMuritani) and Facebook page, Abu Hafs remains committed to jihad. In recent tweets, for example, he lamented the death of an al Qaeda military commander in Syria and praised the battlefield gains of al Qaeda front groups fighting Bashar al-Assad’s regime. Mauritania is not exactly committed to keeping men such as Abu Hafs and Slahi under wraps. Files recovered in Osama bin Laden’s compound show that al Qaeda negotiated a truce with the government of Mauritania. In exchange for not committing any terrorist attacks inside the country, al Qaeda was given free rein to proselytize.

Perhaps Slahi won’t rejoin al Qaeda’s ranks once he is let go. But he doesn’t have to in order to damage American interests. The U.S. government doesn’t consider ex-Guantánamo detainees turned anti-American propagandists to be recidivists. But there is no question that they go far beyond any legitimate criticisms of the United States in making up lies about America, their time in Cuba, and their own biographies. Slahi could easily fill this role; his book is already an international sensation. Slahi was undoubtedly subjected to rough, coercive interrogations. The world will continue to hear that part of the story, probably with some exaggerations. And Slahi’s claim of innocence will go largely unchallenged.

The Guantánamo Blame Game

The linchpin of President Obama’s argument for closing Guantánamo is that it is a major recruiting mechanism for terrorists. In December 2010, Obama claimed that Guantánamo is “probably the number one recruitment tool that is used by” al Qaeda and other jihadist organizations. “And we see it in the websites that they put up. We see it in the messages that they’re delivering,” Obama added. He made a similar argument at a press conference on December 18, 2015, saying, “We see how Guantánamo has been used to create this mythology that America is at war with Islam.” The Obama administration still has not offered any empirical evidence to substantiate this argument. Anyone even casually familiar with jihadist propaganda knows that Guantánamo is infrequently mentioned and is not part of any significant recruiting theme. Ayman al Zawahiri, the head of al Qaeda, has released five messages since early August. He didn’t mention Guantánamo once.

But Obama clings to this argument as a national security rationale for closing Guantánamo. He has claimed that Guantánamo “was an explicit rationale for the formation of Al Qaeda in the Arabian Peninsula,” or AQAP. Like so many of Obama’s claims about Guantánamo, this is false.

At no point in time did AQAP’s leaders, some of whom were once held at Guantánamo, say that the facility was the reason they launched their organization. If anything, AQAP’s history shows the dangers of releasing known al Qaeda operatives from Guantánamo. One current AQAP leader is Ibrahim al Qosi, who was transferred in 2012. Qosi was a trusted associate of Osama bin Laden before he was captured. JTF-GTMO’s assessment of Qosi described him as “an admitted al Qaeda operative and one of Usama bin Laden’s (UBL) most trusted associates and veteran bodyguard.”

In fact, in May, AQAP’s Inspire magazine directly rebuked Obama on his claim that the facility is a key recruitment tool, arguing that al Qaeda talks about many issues and Guantánamo wasn’t nearly at the top of their list. Inspire cited the Israeli-Palestinian conflict, as well as other issues, as far more important from a recruiting standpoint and chastised Obama for being pro-Israeli.

As the Islamic State rose in power, Obama shifted his argument, claiming that it, too, was using Guantánamo as a major recruiting tool. Once again, the administration has provided no evidence this is true. Because the Islamic State rarely mentions Guantánamo in its propaganda, the administration shifted attention to the group’s use of orange jumpsuits in its snuff videos. This is supposedly a subtle, indirect reference to Guantánamo. The Islamic State is not known for its subtlety, of course, and it has never said that it uses orange jumpsuits because of Guantánamo. Orange jumpsuits are ubiquitous, the standard garb in prisons around the globe, including the Iraqi facilities where many of leader Abu Bakr al-Baghdadi’s loyalists were once held. The Islamic State puts its victims in other colors, too, and there is no apparent logic behind which color is used. Moreover, the administration says nothing of the fact that Obama’s own policies, including the air campaign in Iraq and Syria, are explicitly mentioned in these gruesome productions.

After the Islamic State struck in Paris last November, killing and wounding hundreds of people, Obama went so far as to cite Guantánamo: “It’s part of how they rationalize and justify their demented, sick perpetration of violence on innocent people. And we can keep the American people safe while shutting down that operation.” Once again, not true. The Islamic State did not use Guantánamo to justify the Paris massacres. Nor has the administration pointed to a single attack—out of thousands carried out by the Islamic State around the globe—that was rationalized or justified on the basis of Guantánamo.

The fifteenth issue of the Islamic State’s Dabiq magazine, released earlier this year, carried an article aptly titled “Why We Hate You & Why We Fight You.” For starters: “We hate you, first and foremost, because you are disbelievers; you reject the oneness of Allah—whether you realize it or not—by making partners for Him in worship, you blaspheme against Him, claiming that He has a son, you fabricate lies against His prophets and messengers, and you indulge in all manner of devilish practices.” Dabiq‘s editors listed many other reasons, including our “secularism and nationalism,” our “perverted liberal values,” and our “Christianity and atheism.” They did include a generic mention of the imprisonment and “torture” of Muslims around the world, but only after listing Obama’s drones and many other reasons, and even then there was nothing—not a word—about Guantánamo.

208 Recidivists—and Counting

“The existence of Guantánamo,” the president claimed in 2009, “likely created more terrorists around the world than it ever detained.” But the president has not shown, and cannot demonstrate, that Guantánamo has “created” as many as the 208 recidivists who have now been freed. Just this past week, the office of the director of national intelligence released its latest estimate of the number of “confirmed” and “suspected” recidivists. Most of them, 188, were transferred during the Bush years. But the growth in the number of recidivists over time demonstrates the flaws in Obama’s thinking. In January 2009, the month Obama was inaugurated, the Pentagon counted 61 recidivists. Today, that figure is nearly three and a half times larger.

Intelligence officials tell The Weekly Standard that those estimates are undoubtedly low. And there is little question that those numbers will grow—though we likely won’t know the details until after Obama leaves office. Sources familiar with the negotiations on Guantánamo transfers tell TWS that when Obama administration officials have insisted on a timeframe for host-country tracking of detainees, the requirements for monitoring soften considerably after January 2017.

In at least one case, the transfer of six detainees to Uruguay in December 2014, five of them “high-risk” detainees, the recipient country had announced in advance that it would not track the detainees. President José Mujica accused the United States of “kidnapping” the jihadists and abusing their human rights and, in a May 2014 interview with the Washington Post, declared that he would not monitor the high-risk detainees after the transfer. “We are not the jailers of the United States government or the United States Senate. We are offering solidarity on a question that we see as one of human rights.”

In other cases, just as Obama administration officials have misled the American people about the threats presented by Guantánamo detainees, they’ve also misled the diplomatic partners who have agreed to receive them.

On January 6, 2016, Mahmmoud Omar Mohammed Bin Atef and Khalid Mohammed Salih al Dhuby were transferred to Ghana. U.S. intelligence determined that both men were committed jihadists. Bin Atef, in particular, was assessed as a “high risk” detainee “likely to pose a threat to the US, its interests and allies.” According to JTF-GTMO, he was “a fighter in Usama bin Laden’s former 55th Arab Brigade and is an admitted member of the Taliban” who had trained in al Qaeda’s notorious Farouq camp. In addition, Bin Atef had “participated in hostilities against US and Coalition forces.” Unlike many detainees who renounce jihadism—or pretend to—Bin Atef “continues to demonstrate his support of UBL and extremism” and “has threatened to kill US citizens on multiple occasions including a specific threat to cut their throats upon release.”

When the transfer to Ghana was announced, however, a statement from the government in Accra claimed the men “were detained in Guantánamo but have been cleared of any involvement in terrorist activities and are being released.”

It’s almost as if the U.S. intelligence assessment and the statement from Ghana are describing different people. How does this happen? Jojo Bruce-Quansah, the information minister at Ghana’s embassy in Washington, D.C., told us at the time that the U.S. government provided assurances that Bin Atef was “never involved in terrorism” and presented little risk. “If that assurance was not there,” he said, there is “no way” his government “would have taken the detainees.” A spokesman for the National Security Council declined to comment on whether the U.S. government provided Ghana with the full intelligence assessment of Bin Atef.

It’s not clear today whether the Obama administration will succeed in closing Guantánamo. What is clear is that, in attempting to do so, the president is willing to free dangerous terrorists and mislead the American people and our diplomatic partners.

Corruption Undermined US Mission in Afghanistan

Report: Corruption Substantially Undermined US Mission in Afghanistan

Widespread corruption in Afghanistan has substantially undermined U.S. efforts to rebuild the county, according to a report released Wednesday

The U.S. government’s Special Inspector General for Afghanistan Reconstruction (SIGAR) John Sopko said corruption has fueled grievances against the Afghan government and channeled material support to the insurgency from the beginning of Operation Enduring Freedom.

Sopko’s report says corruption remains an enormous challenge to security, political stability, and development, and urges the U.S. mission to make anticorruption efforts a top priority.

The report offers a number of recommendations for implementing a U.S. interagency anticorruption strategy in Afghanistan.

Although the United States injected tens of billions of dollars into the Afghan economy, it contributed to the growth of corruption by being slow to recognize the magnitude of the problem, the role of corrupt patronage networks, and the ways in which corruption threatened core U.S. goals. It said certain U.S. policies and practices exacerbated the problem.

‘Endemic’ problem

The report titled, “Corruption in Conflict: Lessons from the U.S. Experience in Afghanistan,” quoted Ambassador Ryan Crocker, who re-opened the U.S. Embassy in Kabul soon after the September 11, 2001, attacks and served again as ambassador in 2011-2012 (and who is a member of Broadcasting Board of Governors which oversees U.S. international broadcasting, including the Voice of America) as saying that “the ultimate point of failure for our efforts … wasn’t an insurgency. It was the weight of endemic corruption.”

“The corruption lens has got to be in place at the outset, and even before the outset, in the formulation of reconstruction and development strategy, because once it gets to the level I saw, it’s somewhere between unbelievably hard and outright impossible to fix,” Crocker said.

****

The report is 164 pages, but here is some help with the conclusions:

Our study of the U.S. experience with corruption in Afghanistan finds:

1. Corruption undermined the U.S. mission in Afghanistan by fueling

grievances against the Afghan government and channeling material

support to the insurgency.

2. The United States contributed to the growth of corruption by injecting

tens of billions of dollars into the Afghan economy, using flawed oversight

and contracting practices, and partnering with malign powerbrokers.

3. The U.S. government was slow to recognize the magnitude of the problem,

the role of corrupt patronage networks, the ways in which corruption

threatened core U.S. goals, and that certain U.S. policies and practices

exacerbated the problem.

4. Even when the United States acknowledged corruption as a strategic

threat, security and political goals consistently trumped strong

anticorruption actions.

5. Where the United States sought to combat corruption, its efforts

saw only limited success in the absence of sustained Afghan and

U.S. political commitment.

Thumb through the report here.

Summary:

Billions in US taxpayer money filled the pockets of Afghan warlords, bolstered the drug trade and fed corruption during effort to rebuild the country after the war

  • Federal watchdog released damning report into post-war efforts by US
  • Was based on the ‘lessons’ needed to be learned from military operations
  • They injected billions into economy without knowing extent of corruption 
  • The money ended up in hands of criminals, some with ties to the Taliban 
  • Multi-million dollar villas were built for the corrupt individuals 
  • While programs meant to actually rebuild the country were undermined  
  • A top diplomat Ryan Crocker said: ‘The ultimate point of failure for our efforts wasn’t an insurgency. It was the weight of endemic corruption’
  • He added that the failures in the system are ‘almost impossible to fix’ 

Read more: http://www.dailymail.co.uk/news/article-3789240/Corruption-undermines-US-efforts-Afghanistan.html#ixzz4KGPWwkxm
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Are you Sick of Hearing About Russia? Putin Loves it

Understanding Russia’s Concept for Total War in Europe

Heritage: Russia perceives itself as surrounded by enemies, and that the strategic depth that has been its principal security must be restored. In this sense, no territory is more significant than Ukraine. Russian leadership also worries about the erosion of a zone around Russia’s borders where politically dangerous ideas can be stifled before they undermine the regime’s hold on power.

Russia’s leadership believes it can stem this erosion and achieve its objectives by combining organized military violence with economic, political, and diplomatic activity, a combination called new generation warfare (NGW). NGW is a concept for fighting total war in Europe, across all fronts—political, economic, informational, cyber—simultaneously through fear and intimidation without launching a large-scale attack. If fighting is required, it is highly networked and multi-directional. The stakes can be raised rapidly, possibly without limit.

President Vladimir Putin is confident in this approach because he sees U.S. hesitation as opportunity and believes the U.S. is overly dependent on military responses. Thus, NGW is designed to avoid giving the U.S. and other adversaries a reason to respond using military force. The U.S. needs to broaden its response portfolio to include political, diplomatic, economic, financial, cyber, covert, and other means coordinated into a comprehensive approach to counter the NGW strategy. Russia has brought total war back to Europe—in a hidden, undeclared, and ambiguous form. Failure to confront Russian opportunism will validate Putin’s approach.

In the night of February 26 to 27, 2014, small groups of armed men, who later acquired the labels “little green men,” and even “polite green men” (which were anything but), appeared across Crimea.[1] They corralled Ukrainian forces in their bases, making it plain that any attempt to leave would be met with violence; they took over communications masts and studios, ensuring that the only messages accessible to the Crimean population were those they sent out; they took over government offices, ensuring that no decisions other than those they approved could be made; and eventually, at the point of a gun, ensured that the Crimean assembly voted to approve a plebiscite, which would eventually return a near-Soviet-era approval rating of 93 percent for the (re)-unification of Crimea with Mother Russia. Vladimir Putin, president of Russia, later admitted the denials made at the time about Russian involvement were untrue, and that the entire operation had been planned and conducted by Russia’s armed forces. Shorn of its disguise it was a Russian invasion and occupation pure and simple.

Crimea is a peninsula extension of Ukraine that, while incorporated into Russia in Tsarist times, had been part of Ukraine since 1954.[2] It remained so when the Soviet Union collapsed and Ukraine emerged as an independent state. The transfer was reaffirmed in a further treaty in 2003.[3] Russia’s invasion was an act of war in contravention of the United Nations Charter and international law. Moreover, when Russia subsequently absorbed Crimea, it was the first forced transfer of territory in Europe since 1945. Russia’s claims that it has acted legally in response to appeals by the ousted Ukrainian president Victor Yanukovych, and the region’s majority Russian-speaking population, were manifestly bogus.[4]

This illegal act, and the subsequent Russian invasion of eastern Ukraine, has sparked shamefully little international outrage. The belief appears widespread that, while the West seeks a negotiated settlement to the eastern Ukraine invasion, it will acquiesce to the seizure of Crimea. The principal Western response has been economic: the imposition of a very limited range of sanctions on Russian individuals and corporations which, although they have inflicted quite possibly greater economic pain than is realized or yet apparent, has not made Russia’s leadership re-think its aggression or restore the status quo ante.[5] No attempt has been made to supply Ukraine with the arms it needs to expel the Russian-backed forces from its territory. This reluctant response, not least by the Obama Administration, makes a broad-based understanding of what appears to be a new Russian politico-military doctrine essential. The same goes for the steps the United States and its allies need to take to counter it successfully in the future.

How Russia Views the West

Russia perceives itself as a country surrounded by enemies. This has been a persistent theme throughout its history. It was an important driver of its westward territorial expansion into Central Europe, south across the Black Sea and into the Caucasus, and east all the way to the Pacific, in search of strategic depth. It began under the tsars, took a pause during the early days in the aftermath of the Bolshevik Revolution, but continued in 1945 under the rule of Stalin. With the fall of the Soviet Union, significant portions of that depth were lost, most significantly in Europe.

Russians also ascribe cultural and military significance to territory; it is difficult for outsiders to understand how important it is to Russians’ sense of national identity. In this sense, no territory is more significant than Ukraine, in which is located much of the original Russian heartland known as the Rus, and Crimea which, when transferred to Ukraine by Soviet premier Nikita Khrushchev, occasioned considerable resentment even at the time. Equally, it seems that many Russians are unable to appreciate how seminal personal and political freedom, democracy, and the rule of law are to the self-identity of people living in Western Europe and North America, and to the peoples of Central Europe that retain a clear recollection of Soviet oppression.

The sense of encirclement featured prominently in the 2003 Russian Defense White Paper, which essentially dismissed the concept of a “common European home” that had been proposed by the last Soviet premier, Mikhail Gorbachev, along with its commitment to non-aggression.[6] Suspicion of Western good faith, and the belief that NATO and the European Union had abrogated agreements arrived at following the fall of the Berlin Wall, compounded Russia’s belief in its own isolation and vulnerability. In particular NATO was accused of expanding into former Warsaw Pact states in defiance of understandings. Yet in 1993, Russia’s first post-Soviet president, Boris Yeltsin, in speeches in both Warsaw and Prague, conceded that Russia could not stand in the way if former Warsaw Pact states wished to join NATO or the European Union, and that such moves did not compromise Russian interests. Although Russian officials quickly repudiated their leader’s public statements, the U.S. and NATO’s European members made it clear that in the light of Yeltsin’s admission they would welcome the accession of Central European states.

The crucial point, however, was that it was the facts on the ground that counted. NATO enlarged because it could. Russia, now no longer the Soviet Union, was weak. Because Russian weakness continued, Western European governments subsequently felt able to shrink their own defense establishments radically, while successive U.S. Administrations felt free to withdraw forces back to bases in America. Even as Vladimir Putin’s antagonistic rhetoric and Russian investment in its military capability increased, fed by high energy prices, neither was met with a commensurate response from the West. The upshot is that NATO is relatively weaker militarily, and less cohesive politically, than it was. Russia is aggressive now because it can be.

Putin stated that Crimea was annexed to prevent Ukraine from joining NATO.[7] While there was a remote possibility that Ukraine may have been admitted to the EU, its chances of joining NATO in the near future and sheltering under Article 5 collective defense guarantees were close to zero. Putin’s statement was political: The message to his domestic audience was that Russia was strong again and would remain so under his leadership; to NATO and Western leaders it was a signal that Russia had the means and the will not just to stop NATO coming to Ukraine’s aid (as it had done to a limited extent with Georgia in 2008) but to take back what had been taken from it during its own period of weakness.

This defiance, however, is not born of strength, but of the recognition that, while the gap has narrowed considerably, its inferiority to the West continues. Russia believes it is under attack. It believes that the strategic depth, which has always been its principal security, must be restored, and for that to happen it needs to gain the strategic initiative. The narrative that the West has defaulted on, or even broken, post–Cold War agreements is useful as a justification for aggressive diplomacy and covert measures even though it takes no account of Western Europe’s de-militarization and the fact NATO made no attempt to advance its front line hundreds of miles eastward. In 1994, Russian Defense Minister Igor Rodionov even stated that he had “become convinced NATO is not a threat to Russia, but I have millions to convince in Russia who are still worried that it is a threat.”[8]

Under Putin, no effort was made to correct this impression, arguably because no substantial authoritarian state has survived without external enemies. Consequently, it now demands, in effect, that the West acquiesce in suppressing (or at best refusing to support) Ukrainian democracy, personal and press freedom, rule of law, and economic ties to European and world markets. It wants the countries in what it refers to as its “near abroad” to remain locked into its sphere of influence without any prospect of release.[9] While Putin talks about the need for a military buffer zone between Russia and the West, what worries him and his lieutenants more is the erosion of a political dead zone around Russia’s borders where politically dangerous ideas can be stifled before they infect the homeland and undermine his position. A Ukraine—or even Belarus—that escaped Russian control sufficiently to hold free and fair elections, defeat corruption, guarantee judicial independence, and succeed in building a diversified market economy free of state-run enterprises would stand as a powerful rebuke to the faux democratic, corrupt, and energy-dependent home of oligarchic-capitalism that is Russia today. Unfortunately, too many Western countries are prepared to appease Russia—at least to a point—in hopes of a quiet life. Under President Obama, the United States appears to be one of them.

Russia’s Tactics, Ability, and Hostility

Russia’s tactics, its ability to carry them out, and its hostility toward the West have come as a shock to Western observers. In each case this shock is misplaced. Each is underpinned by a coherent strategy, but the policy that drives the strategy is mired in a sour mixture of anti-Western resentment, conspiracy theories, clericism, and nationalism.

Crucially, Russia has clearly thought about how it can use asymmetric means to offset its own weakness. In part this has meant drawing upon its Soviet past. What has occurred in Crimea and eastern Ukraine has its roots in Leninist theory and early Bolshevik military experience. Lenin built on Clausewitz when he subordinated all military activity to political purpose and drew no distinction between military and civilian domains, but left his own mark on military theory when he emphasized the role of propaganda and taught that terrorism was a legitimate tool of war. In 1924, Estonia was attacked in a manner similar to the 2014 invasion of Crimea: The attacking force consisted of unmarked Soviet troops and local agents—backed by the threat of an invasion by Soviet regular forces—which took over strategic locations, government buildings, and communications facilities in what turned out to be a failed attempt to overthrow the Estonian government.[10] Later, in 1939, a large Soviet force invaded Finland in what became known as the Winter War. As soon as the Soviets crossed the border, they set up a puppet government, like the “little green men” did in Crimea.[11]

During the Cold War the Soviet Army reportedly laid elaborate plans to infiltrate Western Europe with small groups drawn from the Main Intelligence Agency (GRU) and the Spetznaz, its special operations forces (SOF), to carry out intelligence, surveillance, sabotage, terror, and assassination missions. These groups would have worn civilian clothing, arrived in the target countries using civilian transport, and once there would have teamed up with Soviet spy networks, sleeper agents, and sympathetic locals before drawing their weapons and explosives from pre-positioned stashes.[12] Finally, the 1979 Soviet invasion of Afghanistan was led by 700 Spetznaz troops wearing Afghan uniforms.[13]

Yet military thought does not stand still and Russian military thought, both pre-Soviet and post-Soviet, has, like Soviet military thought, a long history of sound analysis and effective innovation. U.S. military thinking over the past 20 years, for example, has been shaped in many ways by the so-called Revolution in Military Affairs, which has its origins in the Soviet concept of a “military-technical revolution” that evolved in the 1980s.[14] More recently, Russian thinkers have married previous Soviet thinking about asymmetric warfare to lessons drawn from modern warfare involving the West and their own experience in Chechnya.

The chief of staff of the Russian Federation, General Valery Gerasimov, writing in the journal Voenno-promishlenniy kurier in 2013 argued, with reference to the events of the “Arab Spring,” that the rules of warfare had changed, making open warfare both harder to realize and in many cases unnecessary.[15] The objectives that had previously been viewed as attainable by direct military action alone could now be achieved by combining organized military violence with a greater emphasis on economic, political, and diplomatic activity, a combination he called new generation warfare (NGW), and which observers in the West have labelled the Gerasimov Doctrine.[16]

In Gerasimov’s view, non-military methods could be superior to direct military action in reaching political and strategic goals, and this needed to be reflected in a new and diversified order of battle. He makes the point that in recent conflicts non-military measures occurred at a rate of four to one over military operations.[17] Consequently, when laying out his argument, Gerasimov emphasized the importance of controlling the information space and the real-time coordination of all aspects of a campaign, in addition to the use of targeted strikes deep in enemy territory and the destruction of critical civilian as well as military infrastructure. The ground force element, he continued, which should be concealed as long as possible, needed to consist of paramilitary and civilian insurgents backed by large numbers of SOF and supported by robotic weapons, such as drones. Regular units “should be put into action only in the late phases of the conflict, often under the disguise of peacekeeper or crisis-management forces.”[18]

New generation warfare is a live topic among Russian strategic thinkers. Russian presidential adviser Vladislav Surkov has written about “non-linear” war, describing it as one that involves everybody and everything while remaining elusive in its main contours.[19] Two other writers, Sergei Chekinov and Sergei Bogdanov, elaborated Gerasimov’s thesis. They argued that the Gulf War was the first NGW conflict in history and illustrated the importance of neutralizing the enemy’s military superiority through the combined use of political, economic, technological, ecological, and information campaigns, and optimizing the effectiveness of all these tools by integrating them into a single, shared system of command and control.[20]

Chekinov and Bogdanov shared Gerasimov’s concern that the U.S. could orchestrate a NGW campaign against Russia. Consequently they argued that Russia had to develop the capacity and capability to deploy non-military methods on a large scale before—and during—any armed confrontation. They listed media, religious and cultural organizations, nongovernmental organizations (NGOs), and pro-democracy movements in Russia that benefited from foreign funding, and scholars in receipt of foreign grants, as possible components in a coordinated attack; and accused the U.S. of organizing an army of Internet “trolls” and of using Twitter and Facebook for information warfare purposes.[21] This goes some way to explain the 2012 closure of the U.S. Agency for International Development office in Moscow and the more recent crackdown on foreign donor organizations and their recipients.[22]

Finally, the authors emphasized the combat importance of electronic warfare. In their view NGW would be dominated increasingly by psychological and information warfare aimed at crushing the morale of enemy troops and the population, thus breaking their will to resist.[23]

New Generation Warfare in Action

András Rácz, summing up Chekinov and Bogdanov’s thesis, writes that there is a “striking similarity between the new generation war theoretically described by [them] in 2013 and the events that took place in Ukraine in 2014, particularly prior to and during the Russian operation in Crimea.”[24] The salient features of NGW as they describe it, and the facts on the ground in Crimea and later in Eastern Ukraine, are important, but must be viewed as part of an evolving concept not an example of settled doctrine.

Phase One: Weakening the Target and Preparing the Battlespace. Aggressive war is about the exploitation of weakness for political purposes. It is distinguished from other political acts through its extensive—in the classical sense, predominant—use of organized violence. In NGW, organized violence is an ever-present threat, wielded mainly by organized civilian demonstrators, agitators, and SOF but only in the later stages—if necessary—by conventional forces:

  • During Phase One of a NGW campaign, Russia would deploy all arms of Russian power to identify political, economic, and military vulnerabilities, and weaknesses in government administration and the police.
  • In the information domain, Russia would seek to establish or buy media assets it could control (such as the RT network, which has built an increasing presence across Europe and North America headlined by Russia Today); establish or suborn NGOs to support Russian policies directly or indirectly; and establish diplomatic and media narratives that, when the time comes, can be used to justify and defend the actions of those who oppose the target government on the one hand, and on the other to cheerlead Russian support for opposition or secessionist interests. These actions are very similar to the agitprop tactics and influence operations deployed during the Soviet era. They have been upgraded significantly in terms of sophistication and reach for superficial similarity with Western news organizations.[25] These Russian outlets do not, however, harbor any doubts about which side they are on.
  • Beyond the information war, Russia would use political, diplomatic, media, and covert means to encourage dissatisfaction with central authority; encourage local separatist movements; inflame ethnic, religious, and social divisions; recruit politicians, officials, and members of the target country’s military; make common cause with organized crime groups; and, by establishing close economic ties with the target country or specific companies, make it dependent on Russian markets or supplies, thus creating a vested interest in maintaining good relations even in the face of Russian military or political provocations. When the time for action arrives, the established networks will be activated, or the level of their activities stepped up, while Russian regular forces will be massed on the border under the pretext of military exercises.

Countering these moves is difficult because almost nothing illegal has occurred, no violent incidents have taken place, dislocations of food and energy supplies can be presented as commercial disagreements, and much of what is circulated in the media can be regarded as legitimate comment. If the target government overreacts, that can play to Russia’s advantage, enabling it to protest its innocence, establish a narrative of non-intervention, and even condemn the government’s actions if they prejudice the rights and interests of Russian minorities. As Rácz comments, sowing “self-doubt and fear constitute important parts” of Moscow’s subversive ambition.[26]

Phase Two: Attack. During this phase, Russia would exploit the tensions it has created to bring down the legitimate government and establish its own substitute regime.

  • The first moves would be to launch mass protests and riots in key population centers in an attempt to render them ungovernable (and if the target government uses disproportionate force in an attempt to suppress them, so much the better); infiltrate SOF disguised as civilians to sabotage infrastructure and take over administrative centers; mount attacks and commit acts of sabotage to inculcate fear and chaos by stretching thin the government’s resources while using intense media attacks to exaggerate the sense of un-governability. Attempts by the targeted government to respond using its own police and armed forces would be deterred by the massed presence of Russian regular forces threatening a conventional military attack from across the border, and neutralized by blockading them in their barracks, bribing their officers, cutting their communications, and using disinformation to break their morale.
  • Attempts by the international community to intervene would be confused and deterred by sustained international media and diplomatic campaigns—and economic disruption—designed to isolate the target country. Uncertainty would be increased by a relentless campaign denying that Russian forces were involved. Previously unheard of political groupings would emerge, which by seizing administrative control, would shroud the Russian-sponsored alternative power centers in quasi-legitimacy.

The operations in Crimea and eastern Ukraine both opened with the appearance of men in unmarked Russian uniforms (“little green men”), in unmarked Russian vehicles, carrying Russian military-issue weapons. They established barricades and checkpoints and blockaded Ukrainian army and police bases, making it clear that force would be used if the units inside attempted to leave.[27]

Political targets were of primary importance. The Crimean parliament building was occupied on February 27, 2014, effectively ending local decision making.[28] Similarly in Donetsk, the regional state administrative office was one of the first targets when the occupation began in April 2014. It remains the headquarters of the self-declared Donetsk People’s Republic. At the same time, well-drilled demonstrators in civilian clothes (though often carrying guns) occupied less-defended government buildings, media outlets, and critical infrastructure.

Throughout, Russian official spokesmen and domestic media consistently denied that the troops were Russian, and described the demonstrators as members of the “opposition” or the “resistance.” However, on April 17, 2014, Putin admitted that Russian troops had been present, and on March 15, 2015, triumphantly tore down the whole fiction in an elaborate TV documentary.[29] Gratuitously, he made a point of saying that he had “considered” placing Russia’s strategic nuclear forces on alert at the same time.[30]

This denial policy must be considered a clear success. If Russia were to attack a member of NATO—say, one of the Baltic states—Moscow would undoubtedly mount a similar, but likely more intense, denial campaign to at least slow down the invocation of NATO’s Article 5 commitment to mutual self-defense, and to isolate and demoralize the government and population of the target country.[31]

Phase Three: Consolidating Power. The proponents of NGW recognize that occupation is insufficient for achieving a fait accompli; an alternative government must be installed, however manufactured its legitimacy may be.

  • This legitimacy hinges on a referendum on secession or independence taking place quickly with strong Russian backing and media support. Once the correct answer has been obtained, Russia is able either to provide larger quantities of support openly or establish a military presence that fights, openly or covertly, alongside the “resistance” to the original government as it defends the newly established state. “A sub-variant,” as Rácz puts it, “is an open invasion under the pretext of ‘peacekeeping’ or ‘crisis management.’”
  • The original state would be confronted by two enormous problems: First, the loss of territory would mean economic and political dislocation, currency devaluation, loss of taxation income, and thus a significant weakening in its international economic standing—problems that may be made worse by fleeing refugees and a humanitarian crisis.[32]
  • The Crimean vote was superficially successful with reportedly 97 percent of the population voting to secede on an 80 percent turnout. Putin used these results to publicly justify Russian intervention in his March 2015 broadcast. In fact, as the Russian Human Rights Council inadvertently admitted later, turnout was only 30 percent, half of whom voted against independence, meaning that Russia gained the support of only 15 percent of the population.

In eastern Ukraine, the initial intervention overthrew the local administrations in the Donetsk and Luhansk oblasts. However, without the presence of Russian bases, as existed in Crimea, and the pressure these could be used to exert on elites and the general population, support for secession remained low. All the irregular forces could do was to hold the two regions in a political and military limbo. Recognizing this, the Ukrainian government launched a counter-offensive, the Anti-Terror Operation (ATO), on April 15, 2014. Initially it could not be regarded as a success.

In May, the Russian-sponsored separatists held referenda in the two territories with results (unsurprisingly) in line with those registered in Crimea. However, following the election of Petro Poroshenko as president of Ukraine on May 25, 2014, the ATO gained new momentum. While the separatists and their Russian backers were able to use NGW methods to undermine and significantly weaken Ukraine, like other irregular forces and irregular methods they were unable to sustain their position in the face of the advancing Ukrainian regular formations.

Russia could have withdrawn its support at this point. It chose, instead, to launch an invasion and initiate a conventional, if limited, inter-state war. For the second time in two years Russia abrogated the Budapest Memorandum it signed in 1994 committing it to “respect the independence and sovereignty and the existing borders of Ukraine.”[33] For the second time in two years the other signatories to the treaty, the United States and the United Kingdom, while under no treaty obligation to do so, nonetheless failed to provide Ukraine with the political, economic, and large-scale military assistance it needed to prevent its dismemberment.

What War Are We Fighting?

Clausewitz exhorts political leaders and military commanders to understand clearly the enemy and the war upon which they are engaged.[34] The current confusion over terminology invites practitioners to both overestimate and underestimate Russia’s ability to fight NGW, and run the risk of being ill-prepared for similar campaigns in the future.

NGW is referred to widely in the West as “hybrid” warfare. Other terms including “ambiguous,” “gray zone challenges,” and “non-linear” have also been used, but hybrid was the term adopted by NATO.[35] The term hybrid was first linked with warfare by William Nemeth in his Naval Postgraduate School thesis on the Chechen war in which he proposed that for the Chechens the war amounted to much more than the battlefield itself. Militarily they brought together regular and irregular methods in a highly flexible combination. However, they also perceived war “in a wider, non-linear sense and hence, in addition to field tactics, they also employed all the means of the information age to gain an advantage over their enemies.” In Nemeth’s estimation this style of warfare was made possible by the structure of Chechen society and was specific to it.[36]

Two American scholars who studied the phenomenon subsequently, Michael McCuen and Frank Hoffman, did not view it as society-specific. For McCuen, hybrid conflicts were “full spectrum wars with both physical and conceptual dimensions: the former, a struggle against an armed enemy and the latter, a wider struggle for control and support of the combat zone’s indigenous population, the support of the home fronts of the intervening nations, and the support of the international community.”[37] He drew two critical lessons from his reading of these conflicts: The first was that hybrid warfare required simultaneous success on all fronts instead of following the sequential form of conventional warfare; the second was that in order to win hybrid conflicts, military victories had to be followed immediately by social reconstruction to prevent the opponent from filling the vacuum.[38]

Hoffman came to hybrid war by studying Hezbollah in its 1992 war with Israel. His conclusion was that hybrid threats

incorporate a full range of different modes of warfare including conventional capabilities, irregular tactics and formations, terrorist acts including indiscriminate violence and coercion, and criminal disorder…[and] are generally operationally and tactically directed and coordinated within the main battlespace to achieve synergistic effects in the physical and psychological dimensions of the conflict.[39]

For Nemeth and McCuen, hybrid warfare was practiced by non-state actors; for Hoffman, it could be practiced by states as well.[40] The Soviet Union was the first state to practice hybrid warfare (against Estonia and Finland), establishing a pattern that Nazi Germany followed against Czechoslovakia and Austria, and to which Russia is now returning. In Hoffman’s view, hybrid warfare does not signal the end of conventional warfare, but adds a further layer of complexity to the way violent actors fight to win.[41]

A third American, Russell Glenn, added additional dimensions to hybridized warfare when he argued that any definition that focused predominantly on the use of force and violence and underplayed the use of political, diplomatic, and economic tools was turning a blind eye to critical aspects of this new form of war.[42] Grasping this is essential to understanding what Russia is doing. For Glenn, hybrid warfare involves state and non-state actors, singly or in combination, that “simultaneously and adaptively employ some combination of (1) political, military, economic, social, and information means, and (2) conventional, irregular, catastrophic, terrorism, and disruptive/criminal warfare methods.”[43] This definition accords strikingly with the observed actions of Russian forces and the Russian government during the takeover of Crimea and the invasion of eastern Ukraine.[44]

Glenn’s definition, the Gerasimov Doctrine, and the behavior of Russian forces starting with the Russo-Georgian War of 2008 and developing through the Crimean and eastern Ukrainian crises, all link back directly to the revolutionary warfare theories of Lenin and early Bolshevik practice. NGW is also reflected in Mao, in more recent Chinese thinking about psychological, legal, and media warfare, which is referred to together as the “Three Warfares,” and the theories of “Unrestricted Warfare” articulated by two People’s Liberation Army colonels in 2002.[45] Consequently, the world is likely to see further examples of this warfare around Asia’s periphery.

But Nemeth made another salient comment about hybrid warfare: Its nature, he wrote, is “total.”[46] It blurs the distinction between combatants and non-combatants. The Chechens had no compunction in using terrorism, massacres, criminal methods, and the inhumane treatment of prisoners. Glenn similarly saw potentially no theoretical limit preventing the use of every weapon up to and including acts of catastrophic terrorism that could include the destruction of dams and nuclear power plants.[47]

Current Russian strategic thinking as embodied in the NGW concept is clearly guided by the Leninist view of warfare; that is to say its only limit is what is possible and expedient politically. Putin is nothing if not an opportunist. While Russia’s domestic and economic policies are no longer guided by Marxist-Leninism, Putin has filled the resulting hole with nationalism. Putin and the current Russian elite have embraced the idea of Greater Russia. They have married the expansionist nationalism of the tsars to the absolutist military strategy of Lenin. Given Russia’s continuing research, development, and manufacture of biological and chemical weapons, and its investment in low-yield nuclear weapons, these too could conceivably play a role in future confrontations while staying true to the NGW formula. It is worth recalling that Leninism never assumed it had the support of the people; it always came to power by seizing it.

Continuing to refer to NGW as hybrid war may, therefore, blur understanding of its true nature. It may circumscribe the West’s response by encouraging the belief that what the West is facing is a sub-set of conventional war, a variation that might be best viewed as a complication, when in fact it is total war that can be escalated without limit. NGW is a concept for fighting total war in Europe that borrows many of its features from what the Russians encountered—and learnt from—during the brutal fighting in Chechnya.[48] It envisages achieving effect across all fronts—political, economic, informational, and cyber—simultaneously. It aims to achieve its objectives through fear and intimidation without launching a large-scale attack. If conventional fighting is required, however, it is highly networked and multidirectional; the stakes, moreover, can be raised rapidly and possibly without limit. Russia has brought total war back to Europe—in a hidden, undeclared, and ambiguous form.

Contextualizing and Defeating NGW

It is worth repeating that it is important to neither overestimate nor underestimate Russian capabilities.[49] It is important, too, to recognize that the local circumstances that made Russia successful in Crimea and eastern Ukraine may not be repeatable, at least not initially:

  • Russia achieved strategic and tactical surprise; the first is unlikely to be repeated while the second will be if defensive methods r,emain underdeveloped.[50]
  • Surprise worked best when combined with deception, such as making the attackers indistinguishable from civilians.
  • Information warfare was successful at all levels in confusing and isolating defensive forces; the relentless denial program succeeded in sowing doubts about Ukrainian claims while meshing with Western reluctance to revise widely held opinions about Russia as an economic and political partner; political leaders and commentators in many countries found it difficult to acknowledge that a member of the G-8 was willing to tear up international norms and defy Western good opinion.[51]
  • High levels of Russian ownership of media assets made it easy to hammer home pro-Russian messages; the Ukrainian government found it practically impossible to counter this messaging; it also lost contact with many of its own units which, in the absence of higher direction, often gave up their arms or went over to the Russian side, a collapse of morale that was exacerbated by the presence of disloyal Ukrainian army and police commanders.
  • Russia was able to portray Russian-speaking minorities as threatened and in need of protection, although the actual level of popular support was far less than claimed. The exaggeration and exploitation of minority dissatisfaction has been a feature of Russian policy in what it refers to as the “near abroad” since the fall of the Soviet Union. Long and bitter experience of living under Soviet rule had pre-conditioned large numbers of people to react passively in the face of threatened violence.
  • Shared borders enabled Russia to mass large numbers of regular forces that inhibited Ukrainian (and Western) reactions, for fear of provoking a larger conflict; this presence was especially marked and effective in Crimea, where Russian forces were based inside the country; common borders also enabled and simplified covert, and eventually overt, Russian logistical support for its separatist proxies.
  • Finally, Ukraine was a weak and divided country; had suffered years of economic mismanagement and widespread corruption; and those living in the eastern oblasts and Crimea had legitimate grievances against the Kiev government that Russia could exploit.

Consequently, it is possible to suggest that NGW can be stymied and defeated providing:

  • The target government has a sound democratic mandate, manages the economy competently, counters corruption, and responds to minority concerns without alienating majority interests; the latter is important because experience suggests that Russia is able to leverage low levels of dissatisfaction among a Russian minority even in the absence of active support.
  • Dependence on Russian energy supplies is progressively reduced; permitting the export of U.S. oil and gas would provide European countries with an important alternative.
  • That the sum total of national and NATO collective defense measures is able to neutralize the threat of a mass Russian military attack. The difference between the Crimean and eastern Ukrainian outcomes suggests that the proximate presence of Russian forces and their ability to provide insurgents with large-scale logistical support is a crucial factor for NGW success.
  • That while there may be no direct defense against NGW’s preparatory phase, national and collective intelligence resources must be capable of monitoring developments, adequate police resources must be available to investigate subversive activities, and riot teams must be in a position to move decisively against street demonstrations, irregular forces, and Russian SOF within an agreed and understood legal framework that meets international standards.
  • Civilian and military infrastructure is hardened and protected.
  • The target government maintains information warfare dominance by ensuring that sufficient communications channels remain open to deliver its message throughout the country, and it is able to influence public opinion internationally.
  • Advanced offensive and defensive cyber and electronic warfare capabilities are developed and deployed.
  • NATO adopts a strong defensive posture throughout those Central European and Baltic members under greatest potential threat from Russia. Regalvanizing European solidarity is perhaps the greatest obstacle. What NATO cannot afford is to be dissuaded from such a move by a concerted and relentless Russian information warfare program, which would likely include a repeat of the threats to enhance its nuclear warfare capabilities that proved so effective in deterring the Obama Administration from positioning anti-ballistic-missile (ABM) defensive systems in Poland and the Czech Republic. NGW seeks to exploit weakness, and the decision not to deploy ABM systems as planned communicated weakness rather than strength.

Why It All Matters to the United States

President Obama made no immediate response when Russia absorbed Crimea—the first unilateral change in European political geography since 1945. When he spoke about it on March 24, 2014, nearly one month later, his judgment was that Russia was no more than a “regional power,” one that was lashing out “not in strength but in weakness,” could only threaten its near neighbors, and presented no existential threat to the U.S. President Obama was saying, in effect, that it was a matter of little consequence.[52] He was correct as far as he went. In fact, on April 7, when armed men in civilian clothes occupied government buildings in the eastern Ukrainian cities of Donetsk, Luhansk, and Kharkiv, his assessment was confirmed: The action was regional, demonstrated weakness because five months later Russia needed to rescue its irregular action with a limited conventional invasion, took place on the territory of the same near neighbor, and proffered no direct military threat to the United States.[53]

The world, however, is made up of regions. Russia’s regional action, and America’s relative inaction regionally and globally, has made the world a more dangerous place. The current global order is largely America’s creation. It requires American leadership to survive. While the current global order works to America’s advantage—and why should it not?—it also works to the advantage of others, which is why it attracts widespread, though not universal, support. All it takes for less-benign orders to arise is for America to do nothing.

Russia’s assault might be confined physically to its near neighbors. It might well arise out of weakness: Russia is not strong enough to confront American conventional military power.[54] It may also be true that the tactics it uses against its neighbors may present no direct threat to the U.S. and its allies; although to imply that Russian military power as a whole, given its enormous nuclear arsenal, presents, no existential threat to the U.S., is some way short of the truth. NGW, however, is an asymmetric strategy. It is not designed to confront America where it is strong but where it is weak. It is designed to exploit America’s inability since the fall of the Berlin Wall to conceptualize its global role in grand strategic terms and thus to see indirect threats for what they are, its consequent political and military uncertainty when confronted by indirect challenges, and finally its concomitant inability to seize the strategic initiative by molding what Frank Hoffman has described as the “full range of methods and modes of conflict”—including political, diplomatic, economic, legal, military, cyber, and covert forms of warfare—into a comprehensive approach.[55]

NGW is designed to exploit the West’s current, limited interpretation of what constitutes conflict and the dangerously unbalanced American and European preference for conflict prevention and conflict resolution over conflict engagement and deterrence. Suggestions, therefore, that the U.S. should engage in risk-reduction and renewed confidence-building measures with Russia are wide of the mark; theorists of NGW view “peace treaties and other initiatives” as a way of hamstringing the opponent and limiting its freedom of action.[56] Russia has all the confidence it needs because it sees U.S. hesitation as its opportunity. Failure to confront Russian opportunism will validate Putin’s approach. Russia is a canny opponent. It will learn from the successes and failures of its recent campaigns and the West’s response, as it did from its war with Georgia, and is likely to continue to use and refine NGW to accomplish its objectives.

The United States needs to recognize that its own organizational, institutional, and intellectual approach to war is precisely what is enabling Russia to succeed. The U.S. is overly dependent on military responses. The Russian approach is designed specifically to avoid giving the U.S. and other outside powers a reason to respond using military force. The U.S. consequently needs to broaden its response portfolio to include political, diplomatic, economic, financial, cyber, covert, and other means coordinated into a “whole of government” approach that is able to counter rapid moves by an adversary across the whole spectrum of potential conflict. America has the means and resources to counter this hidden, undeclared, and ambiguous form of warfare, but will only be able to deploy them if it is able to become more flexible and less predictable in its responses. In particular, the 1947 National Security Act, which has served this country well for over half a century, needs to be revised or replaced to facilitate a more comprehensive approach. Deterrence thinking, which is associated too often with nuclear issues, also needs to be revised and reinvigorated to counter moves by adversaries that are intended to operate below the level that the U.S. would regard as war.

The risk to America’s position as the world’s only global superpower is not confined to Europe. Other states, China and Iran particularly but also non-state actors such as Hezbollah and ISIS, will have learned from what Russia has achieved and will use these lessons to diminish U.S. power and harm Western interests.[57] China’s actions in the South China Sea have many similarities with Russia’s in Crimea.[58] Unless the United States recognizes that its enemies are willing to engage in a war that is total but hidden, undeclared and ambiguous, is prepared to show the American people what this truly entails, and coordinates all elements of national power to confront this challenge, U.S. global power will erode, as hostile regional powers arise to take its place.

—Martin N. Murphy, PhD is a political and strategic analyst and and internationally recognized expert on piracy and unconventional conflict at sea. His latest book is War in the Littorals: Navies Confront the 21st Century (Routlege, forthcoming).