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When Does a Random Taxi Driver Become a Lawful Combatant?

Mohammad Azam, in a photo at the linked Guardian article.

Mohammad Azam, in a photo at the linked Guardian article.

A couple of weeks ago, I wrote a post questioning the Obama Administration’s logic in killing the leader of the Afghan Taliban in a drone strike in Pakistan. It turns out that the Defense Department also employed some very suspect reasoning surrounding the drone strike.

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.

/snip/

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.

Mullah Mansour Drone Strike: Important Milestone or Radicalizing Event?

How much more ironic could it be? More than 43 years after the last Americans evacuated Vietnam, ending our disastrous occupation there, the dateline reads Hanoi on President Barack Obama’s statement today on the US drone strike that killed Mullah Akhtar Muhammad Mansour. Mansour was the head of Afghanistan’s Taliban but was in Pakistan at the time the US killed him with a drone, striking a similarity to the US “secret” bombing of Cambodia during the Vietnam war.

From today’s New York Times, we have parts of Obama’s statement:

Calling the death “an important milestone,” President Obama said in a statement, released just as he was meeting with top officials in Vietnam, that the United States had “removed the leader of an organization that has continued to plot against and unleash attacks on American and coalition forces.”

“Mansour rejected efforts by the Afghan government to seriously engage in peace talks and end the violence that has taken the lives of countless innocent Afghan men, women and children,” Mr. Obama continued in the statement. “The Taliban should seize the opportunity to pursue the only real path for ending this long conflict — joining the Afghan government in a reconciliation process that leads to lasting peace and stability.”

So Obama is saying that the Taliban should respond to our extrajudicial killing of their leader by reconciling with the Afghan government (chosen in large part by John Kerry) and working toward peace. What are the odds of that happening? Max Abrahms has some very important points to make on that topic:

Dr Max Abrahms, from Northeastern University in Boston, said the US Government does not look carefully enough at the strategic implications of its strikes on extremist leaders.

He said he had done a number of studies on leadership decapitation of a militant group and he had not found a statistically significant reduction in the amount of violence perpetrated by the group after a leader was removed.

“In fact these decapitation strikes can actually be counter-productive, because one of the assumptions of the targeted killing campaigns is that the replacement of the leader that you killed will be more moderate,” Dr Abrahms said.

“And yet I find just the opposite to be true. The replacement is even more extreme.

“So for that reason, in the immediate aftermath of a successful targeted killing, like over this weekend, the group’s violence tends to become even more extreme, in the sense that it’s even more likely to attack civilian targets.”

And so our circle of irony is complete. Obama’s statement on the killing of Mansour, released from Vietnam, shows that US military misadventures still rely on faulty logic when major moves are made. A strike made to make the Taliban more peaceful seems virtually certain to result in more indiscriminate killing of civilians.

Because I know how much Marcy enjoys miraculous “left behind” documents, I couldn’t resist following up on a Twitter reference I saw flit by yesterday about how a passport for Mansour somehow survived the conflagration in the taxi in which Mansour met his death by drone. By following it, though, I found even more deep irony in the drone strike. This article by ToloNews carries a photograph of a pristine-looking passport. Compare that with the photo in the New York Times article linked above with the burned out wreckage of the vehicle Mansour was said to have been in when hit. How could the passport have survived?

But wait, there’s more! ToloNews tells us that the passport has Mansour’s name and carries a valid Iranian visa. Furthermore:

Meanwhile, a number of analysts said the Taliban in recent months tried to extend relationships with Iran and Russia to fight Daesh and that there is a possibility that Mansour traveled to Iran to escape ISI and talk with Iranian officials.

“Iran is afraid of Daesh presence in Afghanistan, because Daesh is an enemy to Iranian clerics; therefore, Iran wants to eliminate Daesh with the help of the Taliban. Previously, Taliban had strong affiliation to Saudi Arabia, but now there is a rift between Iran and Saudi Arabia and Iran wants to expand its influence on the group [Taliban],” political analyst Shafiq Hamdam said.

So while Mansour and his group have continued to reject peace talks with the Afghan government, at least some observers believe that he was in the process of trying to join the fight against Islamic State. And it may well be that he died because of that effort. Here’s a map of the region, showing that the site of the drone attack, Ahmad Wal, lies about 100 miles away from Quetta (where the Afghan Taliban has long been believed to be headquartered) along the highway that is the most direct route to Iran from Quetta.

Google map of the region surrounding Ahmed Wal, where Mullah Monsour was killed.

Google map of the region surrounding Ahmed Wal, where Mullah Monsour was killed.

Rauf Exploited One Last Time, Now Latest Drone Victim

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.

Where IS Abdul Rauf Khadim and Whose Side IS He On?

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
Again

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.

Will Successful Bergdahl Negotiations Get US-Taliban Peace Negotiations Going Again?

This weekend’s swap of Bowe Bergdahl for five Afghan Taliban prisoners from Guantanamo has triggered responses on a large number of fronts. For now, I will leave it to others to sort through whether Obama was required to inform Congress, whether the move provides incentive to the Taliban to capture more prisoners and whether Bergdahl was a deserter. Instead, I want to focus on the fact that this prisoner exchange stands as a significant accomplishment in negotiation among parties who have seen previous attempts at negotiation fail.

Recall that back in early 2012, we first learned that the Afghan Taliban was opening an office in Qatar:

The Taliban said in a surprise announcement last week they had reached a preliminary agreement to set up a political address in Qatar and asked for the release of prisoners held by the U.S. military at Guantanamo Bay.

So the release of Afghan Taliban prisoners from Guantanamo was at the top of the list for setting up the office in Qatar and beginning negotiations. It is also important to note that the Haqqani Network, who held Bergdahl in Pakistan, was also to be included in the talks at the same time that the opening for negotiations was first noted and that Pakistan helped to move things along:

The US has taken Pakistan into confidence over the unprecedented development of allowing the Taliban a political office in Qatar to advance the Afghan reconciliation process, sources revealed.

A senior Pakistani official stated that the Obama administration not only sought Pakistan’s consent over the Taliban office but had also given a ‘green light’ to allow the deadliest Afghan insurgent group, the Haqqani network, to be a part of the reconciliation process.

The move by Washington was a clear deflection from its previous policy of keeping Islamabad at bay over its peace overtures with the Afghan Taliban.

“Yes, we were onboard,” said the senior Pakistani official referring to the latest push by Washington to seek a political settlement of the Afghan conflict.

The process suffered a major setback when the office was found to be flying the flag the Taliban used when they ruled Afghanistan and when the sign on the door seemed to suggest that the Taliban felt they were still the legitimate governing body. Hamid Karzai threw a huge fit over that development, and even though his government hadn’t been invited to the talks, he managed to stall the process. About a year and a half later, things settled down a bit and the provocative sign and flag were removed.

In today’s New York Times, we are warned not to infer that the prisoner swap means that additional talks look likely: Read more

After Delaying Runoff, Afghan Taliban Announce Start Date of Fighting Season, Targets

One of the most enduring formulas throughout the nearly 13 year US quagmire in Afghanistan has been the persistent claims by our military and their fans that we are making tremendous progress and that the Taliban has been weakened significantly. That formula held true in spectacular fashion for the Afghan election, with broad instant claims of how successful and peaceful voting was. But alas, once real information started coming out, it turns out that election day was in fact extremely violent. Even less noticed is that the facilities of the Independent Election Commission have been attacked since the day of the vote and now it appears that there will be a delay in the runoff election because of that attack. As if that blow is not enough, the “weakened” Afghan Taliban has now announced the date for the start of their spring offensive and have provided a long list of the types of targets they will attack.

Here is ISAF patting itself on the back on the day of the elections because those ANSF troops they trained did so well:

The International Security Assistance Force congratulates the people of Afghanistan on today’s historic election. Today’s success clearly demonstrates that the Afghan people have chosen their future of progress and opportunity.

As the world watched, Afghan National Security Forces provided the opportunity for the Afghan people to choose their new President, securing over 6,200 polling centers across the country. Soldiers and policemen confidently patrolled the cities and countryside to protect innocent civilians and prevent insurgents from disrupting today’s elections. Afghan voters displayed confidence in their army and police, turning out in unprecedented numbers to cast their ballot for the future of Afghanistan.

“The people of Afghanistan can be proud of their security forces,” said General Joseph F. Dunford Jr., ISAF commander. “For months, they’ve conducted planning and security operations to ensure that the conditions were set for inclusive elections. What we saw today as a result of that effort was extraordinary. In addition to their physical performance, what equally impresses me is the sense of responsibility and determination they had in ensuring the Afghan people had a secure environment in which to vote and determine their own future.”

Ah, but that carefully crafted narrative of peaceful elections was bullshit that took several days for the media to pierce. Ten days after the election, the Washington Post had this to say:

But on voting day, the country seemed unusually calm, prompting Afghan politicians to speculate that the Taliban had intentionally allowed the election to proceed.

“I don’t think the other side put too much pressure,” said Hedayat Amin Arsala, a presidential candidate. “They even prevented some people from attacking.”

The statistics tell another story. Data released Monday by the U.S. military in Kabul show that April 5 was, in fact, an unusually violent day, spiking far above the norm, although falling 36 percent short of the peak number of attacks during the 2009 election, one of the bloodiest days of the war.

Of the 286 insurgent attacks during this election, the vast majority (226) occurred in eastern Afghanistan, followed by 21 in the Kandahar area of southern Afghanistan, 17 in the west, 14 in the north, seven in the Helmand region and just one in Kabul.

It now turns out that the fallout from Taliban attacks after the election could be huge, with the runoff possibly delayed:

Independent Election Commission (IEC) Chairman Ahmad Yusuf Nuristani admitted on Wednesday that the runoff round expected between Abdullah Abdullah and Ashraf Ghani Ahmadzai could face delays.

A runoff is required by Afghan law if no presidential candidate gets over 50 percent of votes in the first round. As of now, no one has passed that threshold. Although the runoff round was originally scheduled for May 28, election officials have said a number of setbacks have made it more likely that the round will be delayed.

Mr. Nuristani cited the Taliban’s attack on the IEC’s headquarters in Kabul as the cause of the delay.

“The election law says that a run-off must be held two weeks after the final results’ announcement, but the Taliban launched a rocket attack, and as a result of the attack we lost some of our critical materials, therefore, we will not be able to hold a run-off after two weeks,” he explained.

So the Taliban, despite the early claims of a hugely successful election, has now managed to get a crucial delay in the runoff election. Remember that Hamid Karzai has refused to sign the Bilateral Security Agreement that would allow US troops to stay in Afghanistan after the end of this year. Although both Abdullah and Ghani have said that they would sign the agreement, a delay in the winner taking office increases the odds that the US will simply withdraw completely if they feel there isn’t sufficient time to plan for the number of troops to leave behind.

And the Taliban are pressing ahead, announcing the start of their spring offensive: Read more

Detention of Mutasim Agha Jan by UAE Now Confirmed, Basis Unknown

On Tuesday, I noted that Mutasim Agha Jan had gone missing in Dubai while attempting to work toward negotiations between the Afghan Taliban and Afghanistan’s High Peace Council. Multiple outlets now are reporting on the Peace Council having confirmed that Mutasim was indeed detained by authorities in the UAE. Here is Khaama Press on the confirmation:

The Afghan High Council has confirmed that the former Taliban leader Agha Jan Mutasim has been held in United Arab Emirates (UAE).

Agha Jan Mutasim has been missing in United Arab Emirates during the past several days. He was a senior Taliban leader and was supporting the Afghan peace process with the Taliban group.

Afghan High Peace Council following a statement said the detention of Agha Jan Mutasim clarifies that certain elements in the region are disrupting the Afghan peace talks.

The statement further added that those individuals, who are struggling to resume Afghan peace process, have been victimized.

The High Peace Council insisted that Afghan peace talks should take place inside Afghanistan and negotiations have taken place with the UAE officials to end limitations and resolve the issue of Agha Jan Mutasim.

Note that the High Peace Council accuses “certain elements in the region” of “disrupting the Afghan peace talks”. We also get a similar accusation from Karzai’s office. From today’s Washington Post, there is this:

“Known and secret enemies of peace in Afghanistan continue sabotaging our peace process,” Aimal Faizi, Karzai’s spokesman, said Thursday. He did not specify who he thought was responsible, but Afghan officials often accuse neighboring Pakistan of abetting insurgents and stymieing peace efforts.

In that regard, it is very interesting to see an opposition political figure in Pakistan speaking out today against Pakistan’s military supporting the Afghan Taliban: Read more

Who Nabbed Mutasim Agha Jan in Dubai?

While the mainstream press finally catches up to the fact that there were indeed hundreds of violent attacks on election day in Afghanistan (even though hippies could find the data over a week ago), there is yet another disturbing development in the efforts to hold talks between Afghanistan’s High Peace Council and the Afghan Taliban. I noted nearly a year ago that Mutasim Agha Jan was beginning to bring some attention to a more moderate faction within the Afghan Taliban. He was successful in getting discussions going with the Afghan High Peace Council, but one of his associates, Abdul Raqib, was gunned down in Peshawar in February just after returning from a negotiating session in Dubai. It has now been confirmed that Mutasim Agha Jan has disappeared while in Dubai as he was preparing for another round of talks there. Here is ToloNews on the disappearance:

Agha Jan, who was one of the few crucial Taliban figures that had direct contact with the HPC, lived in Turkey and recently disappeared during a tour to the UAE.

“The government of Islamic Republic of Afghanistan is aware of Agha Jan’s disappearance in the UAE,” MoFA spokesman Ahmad Shekib Mustaghna said on Monday.

There are rumors about the possibility that Agha Jan may have been abducted. MoFA has not released a statement in regards to the rumors, but has called the circumstances surrounding the disappearance ambiguous and questionable.

Over the past month, Agha Jan had met with the HPC delegation twice; both sides had agreed to continue peace discussions.

There is a very interesting bit of language in the Khaama Press story on the disappearance:

The ministry of foreign affairs of Afghanistan confirmed that the former senior Taliban leader Agha Jan Mutasim has gone missing in United Arab Emirates.

Foreign ministry spokesman, Shekib Mostaghni told reporters in Kabul that the Afghan officials have started negotiations with the UAE officials regarding the fate of Agha Jan Mutasim.

Mr. Mostaghni further added that the government of Afghanistan has stepped up efforts to take practical steps to find out Agha Jan Mutasim.

Normally, I would attribute that bit about “negotiations with UAE officials” as poor translation from an initial story about Afghan officials speaking to UAE officials simply to ask questions. But there is also this report in the Express Tribune:

Last week, Mutasim’s family sources and friends confirmed to The Express Tribune that they have lost contact with him in Dubai. They were concerned that the UAE authorities might have detained and shifted Mutasim to an undisclosed location in Abu Dhabi.

The Express Tribune article also makes it clear that he has been missing for quite a while:

After a mysterious silence for nearly two weeks, the Afghan foreign ministry on Monday confirmed that Mutasim is missing in the UAE. “The Afghan government confirms that Agha Jan Mutasim has disappeared in the UAE and we are talking to senior Emirati officials to know his fate,” spokesman Ahmed Shakaib Mustaghni said in Kabul.

“The talks, unfortunately, have not yet produced any results and we do not have any more details,” Mustaghni told a weekly press briefing, according to the recorded version of the briefing received here.

So it would indeed appear that Afghanistan may be in some sort of negotiations with UAE on the fate of Mutasim. But since we don’t have confirmation yet that he actually is under UAE control, we could be back to the list of suspects I discussed in the death of Abdul Raqib also being suspects in this case as well (but read here for a pretty strong argument that Taliban hardliners were responsible for Raqib’s death). I will keep an eye out for further developments on Mutasim’s location and safety.

Has Afghanistan’s National Directorate of Security Infiltrated the Taliban?

As we get into the final days before voting begins on Saturday for Afghanistan’s presidential election, the biggest question aside from the issue of who will win is whether the Taliban will succeed in its determination to disrupt the election through violence and intimidation. Rapidly unfolding events today represent either a remarkable combination of good work and good luck by Afghan authorities or the product of an infiltration of the Taliban by the National Directorate of Security, which is Afghanistan’s intelligence agency. Breaking news stories today inform us of Afghan forces capturing 22 tons of explosives from a Taliban hideout in Takhar province, the deaths of six Taliban commanders when a suicide vest went off “prematurely” (in Logar province) and the deaths of 16 Taliban commanders when a suicide bomber is said (by the NDS) to have developed differences with the leaders and decided to turn on them, exploding his suicide vest in Ghazni province.

Reuters brings us the story of the captured explosives:

Afghan security forces have seized more than 22 tons of explosives, enough to make hundreds of bombs, the interior ministry said on Tuesday, four days before a presidential election.

Taliban insurgents have declared war on the April 5 vote, calling it a Western-backed sham and threatening to disrupt it.

“This discovery will prevent hundreds of bomb attacks and would have a significant impact on the overall security of the elections,” Sediq Sediqqi, an Interior Ministry spokesman, told Reuters.

/snip/

Sediqqi said the explosives, hidden in some 450 bags, were seized from a basement in the relatively peaceful northern province of Takhar, where the Taliban have gained ground in recent years.

What remarkable timing! Just four days before the election, Afghan forces find a huge cache of explosives in a “relatively peaceful” province. Four days would not have been a lot of time to produce the hundreds of bombs and distribute them to voting stations, but that is still a lot of dangerous material to be removed from use.

Moving south of Kabul to Logar province, we have this story of a suicide vest apparently going off too soon:

At least six Taliban commanders were killed following a suicide blast in eastern Logar province of Afghanistan on Tuesday.

According to NDS officials, the incident took place around 12:30 pm local time in Charkh district.

The officials further added that the Taliban commanders were looking to prepare a suicide bomber for an attack when the suicide bombing vest went off.

Hmm. It’s the NDS and not local police who are cited by Khaama Press in this story.

For the story of the suicide bomber deciding to attack the Taliban instead of voters, here is more from Khaama Press:

At least 16 senior Taliban commanders were killed following a suicide attack in eastern Ghazni province of Afghanistan on Tuesday.

Afghan Intelligence – National Directorate of Security (NDS) said the incident took place in a Taliban leaders gathering in Gelan district.

National Directorate of Security (NDS) following a statement said the Taliban leaders were planning coordinated attacks in Ghazni province when a Taliban suicide bomber opposed with the Taliban leaders plans and detonated his explosives.

Wow. Sixteen senior Taliban commanders is a huge gathering for one spot. And isn’t it interesting that it would be during that gathering that a suicide bomber would suddenly become “opposed with the Taliban leaders plans” and decide to detonate his explosives, taking them all out? And on the very day of this event, NDS seems quite confident that the 16 killed were senior Taliban leaders. Further, the NDS even seems to already know that some of the Taliban leaders killed came from Pakistan.

So did Afghanistan get incredibly lucky today, with a premature explosion taking out 6 Taliban leaders and a difference of opinion leading to a suicide bomber changing sides to take out 16 Taliban leaders, or is there another explanation? It seems to me that we have to at least consider that the National Directorate of Security has been developing assets inside Taliban cells and is choosing this pivotal week as the time to put those assets into action. Such assets could have provided the key information leading to the discovery of the explosives cache. It is also possible that these assets could have gained control of the suicide vests that went off today, either as the suicide bombers themselves or through some form of remote control, creating the appearance of accidents or betrayals.

Whatever caused these events, when grouped together they represent a major setback for Taliban plans to disrupt the election. Will they be able to respond?

How Will Pakistan Implement New Security Policy?

Earlier in the week, I wondered whether John Brennan had helped to shape the new counterterrorism policy that Pakistan is rolling out and whether it might be a ploy by Pakistan to capture some of the US counterterrorism dollars that would suddenly become available after a full withdrawal of US troops from Afghanistan. Under such a scenario, the key event to watch for would be any action taken by Afghanistan against the Haqqani network or other groups that find haven in Pakistan but carry out their attacks only in Afghanistan. More details of the policy are now being revealed, and with them come some suggestions that the Haqqanis might not be targeted, but other major developments suggest that tighter cooperation with the US is occurring.

Tom Hussain of McClatchy seems to have been first to break the news (on Wednesday) that Pakistan may still choose not to go after the Haqqani network:

Pakistan announced Wednesday that it was ending its 7-month-old policy of trying to reconcile with its Taliban insurgents and vowing to answer each terrorist attack with military strikes on the militants’ strongholds in northwest tribal areas bordering Afghanistan.

But the government stopped short of abandoning its attempts to engage willing Taliban factions in a peace dialogue, underlining that Pakistan’s national security policy remains focused on restricting attacks within its borders, rather obliterating the militants altogether.

That means that militants who use Pakistan for a staging base to attack U.S. and Afghan forces in neighboring Afghanistan will still be allowed to operate, as long as they observe a cease-fire in Pakistan.

He continues:

Political analysts said the national security policy unveiled Wednesday offered an easy way out for militant factions that wanted to disassociate themselves from the TTP, however: They simply have to stop attacking Pakistani government forces.

That makes it likely that Pakistan won’t take any military action against the Haqqani network, an ally of the Afghan Taliban that controls significant territory in the North Waziristan and South Waziristan tribal agencies.

The network is a major source of friction between Pakistan and the United States, which previously has accused Pakistan’s security services of complicity in several of the network’s high-profile attacks on Afghan government and U.S. targets in Kabul and elsewhere in Afghanistan.

Widely viewed as a projector of Pakistan’s influence into Afghanistan, the Haqqani network has distanced itself from the TTP during the Taliban group’s six-year insurgency by signing peace agreements, fronted by the local Wazir tribe, that predate the 2009 launch of counterterrorism operations.

Accordingly, it won’t be targeted by the Pakistani military as long as it doesn’t side with the TTP.

A very similar interpretation was offered by AFP on Thursday: Read more