On June 1 (apologies for the delay, but as most of you know, our site was hacked and has migrated to a new host) Brigadier General Charles H. Cleveland, who heads the US effort in Afghanistan, took part in a press conference in which he was patched into Washington via a video link from Kabul. At the end of the transcript, we have a very telling exchange:
Q: General, Lucas Tomlinson, from Fox News. Just a quick follow-up to Louis’ question. Were you or General Nicholson concerned that Mullah Mansur was in Iran? And are you concerned about Iran sheltering Taliban officials? Thank you.
BRIG. GEN. CLEVELAND: Yes, Lucas. Thank you very much.
You know, our — our real focus on it, again, continue to be Afghanistan and I know it sounds like I’m dodging your question and I don’t mean to, but again, you know, the location of Mullah Mansur and where he was either before or during the strike, et cetera, are really questions that probably the team back in Washington, D.C., has got a better answer for you.
Our real role, again, as I think you’re well aware — Mullah Mansur was a threat to U.S. forces, he was an obstacle to peace. An opportunity presented, the president made a decision and he was targeted and he was killed. And so really, the rest of the aspect of that really is better to answer — better answered back in Washington, D.C.
Q: And lastly, was the taxi cab driver — was he part of the Taliban, too? Did he — did he have that same threat to U.S. forces?
BRIG. GEN. CLEVELAND: So bottom line is we are confident, Lucas, in our targeting and we are confident that he was a lawful combatant.
General Cleveland’s response to Tomlinson here would have us think that Mohammad Azam, the taxi driver who was killed along with Mansour, was a member of the Taliban who posed a direct threat to the US. That would seem to make him an appropriate target for killing.
It seems that a suitable reference on which to rely for DoD’s thinking on combatants is to go back to William Haynes’ memo dated December 12, 2002 and titled “Lawful Combatants”. This memo comes from Haynes as General Counsel to DoD and is addressed to a Roundtable assembled by the Council on Foreign Relations. It appears that this exercise was geared toward providing legal cover for the Bush Administration’s “new” reading of international law and especially its attempts to shield prisoners from the Geneva Conventions.
In the memo, Haynes says this with regard to combatants:
An “enemy combatant” is an individual who, under the laws and customs of war, may be detained for the duration of an armed conflict. In the current conflict with al Qaida and the Taliban, the term includes a member, agent, or associate of al Qaida or the Taliban. In applying this definition, the United States government has acted consistently with the observation of the Supreme Court of the United States in Ex parte Quirin, 317 U.S. 1, 37-38 (1942): “Citizens who associate themselves with the military arm of the enemy government, and with its aid, guidance and direction enter this country bent on hostile acts are enemy belligerents within the meaning of the Hague Convention and the law of war.”
“Enemy combatant” is a general category that subsumes two sub-categories: lawful and unlawful combatants. See Quirin, 317 U.S. at 37-38. Lawful combatants receive prisoner of war (POW) status and the protections of the Third Geneva Convention. Unlawful combatants do not receive POW status and do not receive the full protections of the Third Geneva Convention. (The treatment accorded to unlawful combatants is discussed below).
The President has determined that al Qaida members are unlawful combatants because (among other reasons) they are members of a non-state actor terrorist group that does not receive the protections of the Third Geneva Convention. He additionally determined that the Taliban detainees are unlawful combatants because they do not satisfy the criteria for POW status set out in Article 4 of the Third Geneva Convention. Although the President’s determination on this issue is final, courts have concurred with his determination.
So according to the 2002 DoD interpretation of a “determination” by President George W. Bush, members of the Taliban are enemy combatants. But they also are unlawful combatants instead of lawful combatants, so that is one bit of misleading information from Cleveland.
A much bigger problem, though, is that from all appearances, Mohammad Azam was not a driver affiliated with the Taliban and certainly not Mansour’s personal driver. The Guardian looked carefully into the circumstances of how Azam came to be driving Mansour and it appears that Azam was randomly assigned to drive Mansour:
It was a series of chance occurrences that led to Azam finding one of the US’s most wanted men sitting in his white Toyota Corolla.
Azam got much of his work though a small local transport company owned by Habib Saoli, which has its office near the exit of the Iranian-Pakistani border facility that straddles the border.
Mansoor emerged from that building shortly after 9am on 21 May, returning to Pakistan after a long visit to Iran which, it has been reported, was for both medical attention and to visit members of his family.
He immediately began looking for a ride for the 600km journey to the city of Quetta.
Said Ahmed Jan, an employee of a bus company, was trying to fill up the final seats of his Quetta-bound minibus but Mansoor wasn’t interested.
“He said, ‘I want to go in a car’, so I called Habib and asked him to provide a car,” said Jan. “Habib took a little commission and gave the job to Azam.”
It’s very hard to see how a taxi driver randomly assigned to transport a legitimate target of the Defense Department suddenly becomes transformed into a lawful combatant himself. Despite Cleveland’s assurance to the contrary, I seriously doubt that DoD considered Azam a lawful combatant at the time they authorized the strike. The most logical assumption is that DoD came to the decision that Azam’s life was acceptable collateral damage for taking out Mansour. Cleveland simply lacked the honesty to deliver that sad truth.
There also may be legal reason for this lie, however, since Azam’s family has started the paperwork within Pakistan to sue the US over his death. It will be interesting to see whether the case proceeds, especially in light of the previous ruling in the Peshawar High Court that US drone strikes in Pakistan are war crimes.
Postscript: I suppose that one might argue that Cleveland was referring to Mansour rather than Azam when he was making his assurance that “he was a lawful combatant”, but then that says Cleveland completely ignored the question about the status of Azam.
On Sunday, Declan Walsh delivered a blockbuster report on the vast network of fake univeristies, diplomas for purchase and high-pressure upsales of “validation” credentials for fraudulently purchased diplomas. Remarkably, the company in which these activities were housed, Axact, with headquarters in Karachi and offices throughout Pakistan, had enjoyed a role as a prominent software company billing itself as Pakistan’s biggest software success story. Despite the massive amount of evidence compiled by Walsh and the Times, Axact initially pushed back hard, trying to threaten the Times with legal action and even going after a local Pakistani blog that merely accumulated amusing Tweets relating to the story.
Today, authorities in Pakistan took decisive action, with as many as 45 Axact employees arrested and the seizure of computer equipment and files:
According to Express News, employees were evacuated from the software company’s head office in Islamabad. Further, around 45 employees were rounded up, including HR and PR managers, to be taken to FIA headquarters.
The arrested Axact employees were shifted to FIA’s cyber-crime wing office.
The seven-member FIA team also seized hard disks, computers, other electronic equipment and documents belonging to the IT firm. The bags and mobile phones of department heads in Islamabad have also been seized.
The FIA also raided Axact’s call center in Rawalpindi and seized voice call and other devices. Axact’s regional director Colonel (retd) Jamil has been taken into custody.
With “university” names like Columbiana and Barkley, the cynicism of Axact’s scam is breathtaking. But once I started thinking about it, I realized that the new world of online degrees is a very cutthroat place with questionable marketing practices everywhere. Just right here in Gainesville, the University of Florida has raised many eyebrows with its decision this year to admit an extra 3000 students who would not otherwise be admitted and then inform them that they have to complete the first year of studies toward their degree online. But don’t worry, poor little online second class students, because at UF, even if you complete your entire degree online, your diploma won’t reflect that fact. Here’s the very first entry on the FAQ’s for UF online:
It’s a highly competitive world for those online degrees, whether they come from fake diploma mills, for-profit “universities” or traditional universities being forced by backwards legislators to come up with online competition.
Call me old-fashioned, but my concept of a university education involves an actual university with libraries housing real books, laboratories where real experiments can take place, lecture halls where students and professors actually interact face to face and a shared site where a community moves about freely. Sure, fake diplomas from legitimate universities do get penned now and then, but the market for fakery has been enabled greatly by the rapid expansion of online “learning”.
As Congress here in the US creeps ever closer to amassing a veto-proof margin for war with Iran by keeping sanctions in place even after a final P5+1 agreement would end them, it comes as especially refreshing that Pakistan’s Parliament has expressed clear sentiment against committing troops to a foreign exercise in folly. Especially remarkable is that this blunt refusal in the face of the Saudi request for Pakistani troops in Yemen comes only 13 months after the Saudis were found to have been the source of a critical $1.5 billion infusion of support when Pakistan’s economy was teetering.
Tim Craig gives us the essentials of Parliament’s move:
Pakistan’s parliament voted unanimously Friday to remain neutral in the conflict in Yemen, a major blow to Saudi Arabia as it seeks to build support for its offensive against the surging Houthi rebels there.
The parliament’s decision came after five days of debate in which lawmakers expressed major concern that Pakistan’s 550,000-man army could become entangled in an unwinnable conflict.
On Monday, Pakistan’s defense minister, Khawaja Muhammad Asif, said Saudi Arabia had requested that Pakistan send troops, warships and fighter jets to help it battle the Iranian-backed rebels in Yemen. But several Pakistani political leaders were strongly opposed to the request, saying the crisis in Yemen didn’t pose an immediate threat to Saudi Arabia.
The next paragraphs provide sharp contrast between the US Congress and Pakistan’s Parliament:
Instead, the resolution approved by Pakistan’s parliament warned that the Yemen crisis “could plunge the region into turmoil” if a negotiated peace and settlement was not reached soon.
“This bombing needs to be stopped because, as long as this is happening, the peace process can’t be launched,” Mohsin Khan Leghari, a Pakistani senator, said on the floor of parliament Friday.
A unanimous resolution against involvement in a foreign conflict that points out that Pakistan’s involvement “could plunge the region into turmoil”. Just wow. The US has sown turmoil on so many fronts throughout the Muslim world recently and yet Congress not only doesn’t see their own role in that turmoil but instead are doing their best to overcome the one opportunity we have there of establishing a peace process. I can’t think of a more damning indictment of Congress now than to put this move by Pakistan’s Parliament alongside Congress’ attempt to derail the Iran nuclear agreement. Given a call for war, Pakistan’s Parliament chose peace. Given a call for peace, the US Congress may still choose war.
For more details on the various forces at play in Yemen, this piece by Sophia Dingli at Juan Cole’s blog lays things out clearly.
The full text of the resolution can be found here.
On January 30, I noted how the varied history of Mullah Abdul Rauf Khadim had seen him on many different sides of the conflicts in Afghanistan and Pakistan. His history depends on whoever is describing it, but it is clear he spent time at Guantanamo, where leaked documents said that he was “substantially exploited“. He was released from Guantanamo and held for at least some time in Afghanistan’s notorious Pul-e-Charkhi prison. Many reports put him serving on the Quetta Shura of the Afghan Taliban at a later point and getting quite close to Mullah Omar. Most recently, he was said to be an active recruiter for the Islamic State and perhaps even serving as the IS governor of the region.
Multiple reports today state that Rauf has been killed by a US drone strike in Afghanistan. From the Reuters report:
A missile-firing drone killed six people in Afghanistan on Monday including a veteran militant believed to have defected to Islamic State (IS) from the Taliban, Afghan officials said.
The senior militant, former Guantanamo Bay detainee Mullah Abdul Rauf, was killed in the violence-plagued southern province of Helmand, officials there said.
Police chief Nabi Jan Mullahkhel said Rauf was travelling in a car when the drone attacked. The other casualties included his brother-in-law and four Pakistanis, Mullahkhel said.
More details from the area:
Afghanistan’s main intelligence agency, the National Directorate of Security (NDS), said in a statement Rauf was in charge of IS in southwestern Afghanistan and he was killed just after mid-day in “a successful military operation”.
Helmand’s deputy governor, Mohammad Jan Rasulyar, said Rauf’s membership of IS could not be confirmed but his associates were dressed in black outfits often worn by IS members.
“It is too early to confirm that he was Daish but his people were wearing the same clothes and mask,” Rasulyar said, referring to IS.
It is hardly surprising that the CNN account of his death would open with the recidivist angle:
He was a Taliban commander captured by the United States and held at Guantanamo Bay. But he was let go and returned to Afghanistan. Mullah Abdul Rauf went on to become a recruiter for ISIS in Afghanistan.
He was killed in a drone strike Monday, two officials told CNN.
And, as with seemingly all stories of this type at the early stages, the possibility that Rauf escaped has been presented. Khaama Press relays the same reports of Rauf’s death, but adds this to their story:
However, Pacha Gul Bakhtyar, Security Officer of Helmand Province had told Khaama Press earlier in the afternoon that Mullah Abdul Rawouf Khadim sustained serious injuries while four of his fighters were killed in the attack.
He said that Mullah Abdul Rawouf Khadim was traveling along with a group of his people in a Saracha vehicle when their vehicle was targeted, leaving Khadim seriously wounded and four of his people killed.
He said that Mullah Abdul Rawouf has escaped in wounded conditions.
So, while Afghanistan’s National Directorate of Security states outright that Rauf was in charge of IS recruiting for the region, the Ministry of the Interior was insisting as recently as Sunday that the presence of IS fighters in Afghanistan was nothing more than a publicity stunt:
Rejecting the infiltration of the Islamic State (IS) fighters to Afghanistan, the Ministry of Interior (MoI) has said the rumors about the sightings of theses fighters were nothing more than publicity.
MoI spokesman Sediq Sediqqi at a press conference on Sunday in Kabul said that the security agencies were aware of the movements of all enemies of the country.
He warned the Afghan National Security Forces (ANSF) would suppress all rebel groups whether they were operating under the name of IS or other brands.
As a final note, the case of Rauf and his constantly changing sides should be seen as the rule for areas where the US military has engaged in its misadventures rather than an exeception. Other stories in today’s news note disputes over Afghan police with ties to the Taliban and Iraqi militias operated by a member of Parliament attacking Iraqi citizens at the same time they pursue ISIS.
So, of course, the US should promptly arm troops in Ukraine, as well, so that we can have another region where US arms raise the stakes the rapid changing of sides in a conflict.
All of the ladies attending the ball
Are requested to gaze in the faces
Found on the dance cards
Please then remember
And don’t get too close to one special one
He will take your defenses and run
So we change partners
Time to change partners
You must change partners
Lyrics by Stephen Stills
When last we left Mullah Abdul Rauf Khadim, only two short weeks ago, he had suddenly appeared on the scene in Afghanistan as a recruiter for ISIS. That was after he had spent time on the Taliban’s Quetta Shura as one of Mullah Omar’s top advisors. That was after he escaped from Afghanistan’s Pul-e-Charkhi prison. That was after he had been transferred to Pul-e-Charkhi from Guantanamo, where he was “substantially exploited“.
Today, Pakistan’s Express Tribune is reporting that the Mullah Omar of ISIS, none other than Abu Bakr Baghdadi himself, has named Rauf the head of the Islamic State in Afghanistan, which, in ISIS-speak, is now known as the Khorasan Province of the Islamic State. Khorasan also includes Pakistan and selected other surroundings according to ISIS.
That is a very interesting development, especially since earlier this week, there was a report that Rauf had been arrested by the Taliban. Here is Adam Weinstein, writing at Gawker:
The Taliban, bane of America’s post-9/11 Afghanistan operations, said Wednesday that they captured Mullah Abdul Rauf Khadim, a renegade insurgent and ex-Guantanamo detainee who was in Afghanistan recruiting for the Islamic State, the latest parry in a messy internecine conflict between violent Islamist regimes.
The independent Pajhwok news agency of Afghanistan reports that Khadim—who had previously been identified in the media as an ex-Taliban footsoldier who sought revenge against the U.S. after his detention in Gitmo—was arrested, along with 45 armed followers, after attempting to turn local militants against the Taliban and win their allegiance for ISIS’s attempts to build a global caliphate.
However, not everyone was convinced of that report. From Thomas Joscelyn, writing at Long War Journal, also on Wednesday, we have this:
Still, Khadim has been an effective commander and the Khorasan province is already active in southern Afghanistan. There have been skirmishes between Baghdadi’s followers and their rivals in the Taliban, which is clearly gunning for Khadim. One report says that the Taliban has captured Khadim and dozens of his followers, but that has not been confirmed.
Today’s announcement of Rauf as governor of Khorasan marked a rather rapid promotion for him, as a report by Joscelyn on Monday noted that Rauf had been named deputy governor.
Oh, and while you’re trying to sort out just whose side Rauf is on, or whose prison he is in this week, you can get even more confused about funding for ISIS and where it is coming from. Iran seems to be enjoying that particular tidbit.
Iran announced today that twenty members of Jeish Al-Adl have been arrested. The announcement, however, did not say when or where the arrests were made. Further, although the Fars News article announcing the arrests mentions the IRGC several times, it does not indicate whether they or Iranian border guards made the arrests. As you will recall, Jeish Al-Adl has been active in the Sistan and Bolochistan province of Iran and its border with the Balochistan province of Pakistan. Most significantly, an attack they carried out in October, 2013 killed 14 Iranian border guards and exacerbated ongoing border skirmishes between the two countries. Later, Jeish Al-Adl captured five borders guards from Iran and took them to Pakistan. After killing one, the group eventually released the other four.
From the Fars News article:
Iran announced on Tuesday that it has arrested 20 members of the al-Qaeda-affiliated Jeish al-Adl terrorist group.
“20 members of the Jeish al-Adl terrorist grouplet have been arrested in their hideout,” Iranian Deputy Interior Minister Hossein Ali Amiri told reporters in Tehran today.
Amiri, who is also the spokesman of the Interior Ministry, declined to provide any further detail about the exact location or date of the arrests.
Interestingly, after linking the group with al Qaeda in the opening of the article, Fars News goes on to link Sunni Wahhabism at its conclusion:
The terrorists who have reportedly been members of the outlawed Jeish Al-Adl radical Sunni Wahhabi movement fled into Pakistan after the operation in Iran’s Southeastern Sistan and Balouchestan province.
Because the announcement does not give a date for the arrests (perhaps this note from January 5 is a clue, although it too is nebulous on arrest dates), it seems reasonable to wonder about the timing of announcing them now. The dig at Wahhabism at the end of the article might be seen as a warning to Saudi Arabia not to increase support for exported extremism as a new king takes over.
However, the announcement also comes on the heels of the largest electricity outage that Pakistan has ever experienced. The blackout was triggered by an attack on transmission lines that has been claimed by the Baloch Republican Army, although the poor state of Pakistan’s power grid contributed greatly to the severity of the blackout. This group is distinct from Jeish Al-Adl is one of many groups fighting for an independent Balochistan. The attack on the power lines was about 250 miles from the border with Iran, if I am interpreting the reports and maps properly.
By mentioning the arrests now, Iran is increasing attention on the poor state of security in Pakistan’s Balochistan province. Two days after the attack, repairs to the power line have not yet started due to poor security in the region. And now Iran announces that over at the border, a large group of terrorists, presumably using Pakistan as a sometimes harbor, has also been arrested.
I’ll keep an eye out for more developments along this very interesting stretch of border.
Back when she was Pakistan’s Ambassador to the United States, Sherry Rehman rankled the Obama Administration when she said in an interview with Christiane Amanpour that US drone strikes in Pakistan’s tribal regions “radicalize footsoldiers, tribes and entire villages“. Rehman’s time as Ambassador came to an end with the election of President Nawaz Sharif in 2013, and she has since moved on to reactivate a think tank she founded in 2010, the Jinnah Institute. In explaining the choice of name, the institute describes its core values of humanism and tolerance. Such values are quite at odds with current governance that brings Islamism to the forefront, even allowing laws banning blasphemy (with Rehman herself having been publicly accused of blasphemy).
The Jinnah Institute is holding a two day “Ideas Conclave”, and a speech delivered there by Pakistan’s Minister for Inter-provincial Coordination, Riaz Hussain Pirzada, is getting a lot of attention:
Federal Minister for Inter-provincial Coordination (IPC) Riaz Hussain Pirzada has accused the Saudi government of creating instability across the Muslim world, including Pakistan, through distribution of money for promoting its ideology.
Addressing a two-day ‘Ideas Conclave’ organised by the “Jinnah Institute” think tank in Islamabad, the federal minister said ‘the time has come to stop the influx of Saudi money into Pakistan’.
Tying Saudi funding to promotion of its ideology seems to be quite a courageous move. Pakistan’s economy was in dire shape last year when a key $1.5 billion “loan” from Saudi Arabia helped to stop the fall in currency values. By pointing out the connection between Saudi funds and the promotion of Saudi ideology (which is clearly meant to be the extremist views held by terrorists) Pirzada seems to be saying that those funds come at too high a price.
Pirzada also admonished Pakistan’s government for the institution of military courts for trial of terrorists:
He also blasted his own government for approving military courts in the presence of an ‘independent and vibrant judiciary’ and said that military courts reflect ‘weak and coward leadership’.
“Such cowardly leadership has no right to stay in power,” Pirzada added.
It will be very interesting to see how Pirzada’s speech is received across the country. Emotions are running high with the fresh memory of the Peshawar school attack and the more recent attack in Paris. Extremists, on the other hand, are looking for support from those offended by renewed and expanded attention to cartoons portraying Mohammad in the global response to the Charlie Hebdo attack. By tying the promotion of extremism to Saudi money, Pirzada and the Jinnah Institute are calling for Pakistan to pay careful attention to the consequences of accepting Saudi funds at a time when opinions on the attendant issues are being reinforced on both sides.
Rehman and the Jinnah Institute face a difficult road if they are to move Pakistan in the direction they intend, but Prizada’s speech today seems well-timed and on point for at least beginning the discussion.
Many outlets are reporting on the disclosure earlier this week that there appears to be active recruiting for Islamic State taking place in Afghanistan’s Helmand province. Here is AP as carried by ABC News:
Afghan officials confirmed for the first time Monday that the extremist Islamic State group is active in the south, recruiting fighters, flying black flags and, according to some sources, even battling Taliban militants.
The sources, including an Afghan general and a provincial governor, said a man identified as Mullah Abdul Rauf was actively recruiting fighters for the group, which controls large parts of Syria and Iraq.
The article notes that the Taliban is not taking this development lightly and that there are reports that up to 20 people had died up to that point in skirmishes between the Taliban and those swearing allegiance to IS.
But Mullah Rauf is not just any random figure in Afghanistan. As the article notes, he was once a prisoner at Guantanamo.
In their profile of him this week, the Washington Post had this to say about Rauf:
Rauf is also known as Abdul Rauf Aliza and Maulvi Abdul Rauf Khadim. According to a military document released by the anti-secrecy group WikiLeaks, he turns 34 in February and was listed as detainee 108 at Guantanamo Bay. He was transferred to Afghanistan’s control in 2007.
The report on him released by WikiLeaks said he was associated with several known Taliban commanders, but claimed to be a low-level soldier. In interviews with U.S. officials, he was cooperative, but his responses were vague or inconsistent when asked about the Taliban leadership, according to the report. Nonetheless, Rauf was assessed not to be a threat, and was recommended for transfer out and continued detainment in another country.
That Wikileaks document on Rauf can also be read here at the New York Times. This particular paragraph in the report caught my eye:
The document from which this is taken is dated October 26, 2004. The parenthetic note from the analyst begins “Detainee is substantially exploited”. In the context of Guantanamo, the issue of prisoner exploitation is a very important topic. A groundbreaking post by Jason Leopold and Jeffrey Kaye in 2011 provides crucial context by what this aside from the analyst means for Rauf’s detention: Continue reading
The $250 million in American assistance is to be used to provide food, shelter, medical support, and to restore basic services in Waziristan and the other Federally Administered Tribal Areas, so that the more than 700,000 people who have fled the fighting can return, American officials said. The aid would be redirected from assistance that had already been appropriated for Pakistan.
Of course, even with this repurposing of funds, the US is using it as enticement for what it really wants from Pakistan:
A senior State Department official said before the meetings here that Mr. Kerry would emphasize that Pakistan’s crackdown against militants should be extended to the Haqqani network, which has organized attacks in Afghanistan against American and local forces; to Afghan Taliban fighters who have sought refuge in Pakistan; and to Lashkar-e-Taiba, a Pakistani group that is widely believed to be responsible for the 2008 terrorist attack in Mumbai, India.
“Part of the secretary’s core message will be to ensure that actions are met with a real and sustained effort to constrain the ability of the Haqqani network, Lashkar-e-Taiba, the Afghan Taliban, and other militants who pose a threat to regional stability and to direct U.S. interests,” said the official, who spoke on the condition of anonymity in accordance with the agency’s procedure for briefing reporters.
To show its gratitude to the US, Pakistan celebrated by hanging seven prisoners during Kerry’s visit.
This level of support from the US for Pakistan’s displaced population puts US support for refugees from Syria’s civil war to shame. While the US pats itself loudly on the back by combining refugee support figures for 2012-2015 to claim a $3 billion commitment, when we look at what has been announced for 2015 (pdf, scroll to page 6), I see only $277 million. Although that is more money for Syrian refugees, there are almost ten times more refugees in the Syrian conflict than in Pakistan. The story above cites 700,000 displaced by current offensive and the Internal Displacement Monitoring Centre puts the overall figure for Pakistan at around 1.15 million. By comparison, the same group notes 7.6 million internally displaced Syrians and 2.8 million refugees from Syria in surrounding nations. The total is very nearly half of Syria’s 21.9 million total population.
If the US provided the same per capita support to Syrian refugees in 2015 as it has pledged for Pakistan, the $250 million for 1.1 million Pakistani refugees would become approximately $2.4 billion. Given the dire conditions in Syrian refugee camps this winter, such a commitment would be vital, but don’t look for it anytime soon.
On Sunday, Dawn’s editors knew that Pakistan’s lawmakers would enact the bills needed to establish military courts and published a stern condemnation of the move in an editorial with the telling title “A Sad Day”:
In the end, our political leadership proved unable to defend the constitutional and democratic roots of the system or resist the generals’ demands.
Pakistan is to have military courts once again. To establish them the politicians have agreed to distort the principle of separation of powers, smash the edifice of rights upon which the Constitution is built and essentially give up on fixing decrepit state institutions.
The editors pointed out how the efforts to establish the military courts could have been put to better use:
Had the same time and effort spent on winning consensus for military courts gone into urgent reforms and administrative steps to fix the criminal justice structure, the existing system could have been brought into some semblance of shape to deal with terrorism.
Sadly, the political leadership has abdicated its democratic responsibilities. Surrender perhaps comes easily.
For a country that has been beset by repeated military coups, the Dawn editors rightly note the risk in granting more powers to the military.
The National Assembly and Senate on Tuesday passed the 21st Constitutional Amendment Bill 2015 and Pakistan Army Act 1952 (Amendment) Bill 2015.
The Constitutional Amendment Bill was passed with 247 votes – 14 more than the required two-third majority in the NA, and 78 votes out of 104 were passed in the Senate.
The amendment – aimed to set up special courts to try militants – was not opposed by any member present inside the house. Lawmakers from Pakistan Tehreek-e-Insaf, Jamaat-e-Islami, Jamiat Ulema-e-Islam-Fazl and Sheikh Rasheed abstained from voting – in both the NA and the Senate.
Each clause of the bill was voted for separately. The bill is now expected to be signed into law by the president this week.
This move by Pakistan, coming in the wake of the devastating Taliban attack on a military school in Peshawar, is drawing obvious comparisons to US moves to establish military commissions at Guantanamo for trying terrorism suspects. Sadly, Pakistan has been just as reckless in making the move as the US was. Had they taken the time for a review of the outcome of US military commissions, they would have found (pdf) that while about 500 suspects in terrorism trials have been convicted in US federal criminal courts, the vaunted military commissions have yielded only 8 convictions since 9/11. On the occasion of the conviction in federal court last year of Osama bin Laden’s son in law, Lyle Denniston had this to say:
As long ago as 1866, just after the Civil War, the Constitution stood for the principle that, if the civilian courts were open and functioning during wartime, trials of civilians charged with crimes of war should be tried in those courts, not in military tribunals. That was the Supreme Court’s decision in the case of Ex parte Milligan.
The Court’s lead opinion back then said: “No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false.”
[We can separately note that Denniston’s quote from Ex parte Milligan seems to apply just as well to the excuses brought forth in favor of torture as they do for the establishment of military commissions.]
Perhaps the only good aspect of Pakistan’s move to establish military courts is that the bills carry a two year sunset provision. Sadly, though, given the current cowardly status of Pakistan’s lawmakers, it would not be surprising for regular two year “extensions” of the laws to continue in perpetuity. Just like our endless extensions of unconstitutional wiretapping under FISA.