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SOFA Unlikely Due to Karzai’s Objection to Death Squads

The US has set the end of this month as its artificial deadline for signing a Status of Forces Agreement (SOFA, also Bilateral Security Agreement, or BSA) with Afghanistan to govern the presence of US troops inside Afghanistan after the scheduled end of NATO operations at the end of 2014. The driving force behind this push to have the SOFA in place so far ahead of the end of next year was to prevent a repeat of the embarrassment that the US suffered when it was unable to get the terms it wanted–specifically, full criminal immunity for US troops–in Iraq and wound up withdrawing all troops instead of leaving a force behind after the stated end of military operations.

The news today out of Afghanistan does not bode well for the US to meet its deadline. Although the issue of criminal immunity still seems likely to me to be just as big a barrier in Afghanistan as it was in Iraq, Afghan President Hamid Karzai has raised a different concern that the US seems quite unlikely to address in the way he wants. From Reuters:

But two issues have emerged as potential “deal breakers”, President Hamid Karzai’s spokesman, Aimal Faizi, told reporters late on Tuesday.

One is a U.S. desire to run independent counter-terrorism missions in Afghanistan after 2014, Faizi said. The other was a U.S. refusal to agree to a wide-reaching promise to protect Afghanistan from foreign aggression.

Karzai has long opposed operations in Afghanistan by U.S. special operations forces and the CIA, particularly when they run the risk of causing civilian casualties.

“These things are strongly related to our sovereignty,” Faizi said. “We find it to be something that will definitely undermine our sovereignty, if we allow the U.S. forces to have the right to conduct unilateral military operations.”

Recall that back in February of this year, Karzai grew frustrated with the death squad activities in Wardak province and called for the expulsion of US special forces there. As usual, the reference to “special operations forces and the CIA” means the death squads that the US organizes in Afghanistan (sometimes under the guise of Afghan Local Police) that carry out brutal night raids described as “counter-terrorism” operations.

Faizi is quoted on this issue further in an AFP piece picked up by Dawn:

“The US wants the freedom to conduct military operations, night raids and house searches,” Faizi told reporters late Tuesday.

“According to them, there are 75 Al Qaeda operatives in Afghanistan, which is very strange as this agreement will be for 10 years to have the right to conduct military operations anywhere in the country.

“Unilaterally having the right to conduct military operations is in no way acceptable for Afghans.”

It appears that negotiations on this issue are now being carried out in direct phone conversations between Karzai and Obama. It’s hard to imagine that either will give up any portion of their position, so look for an announcement near the end of this month that the “deadline” has been extended. There already is discussion that the new Afghan president taking office after the April elections will be tasked with finalizing the agreement since Karzai and Obama seem unable to come to agreement.

The second sticking point is also fairly interesting. It appears that in this case, the US is actually showing restraint of a sort, since they don’t want to give Afghanistan wide latitude in determining what constitutes an attack on Afghanistan that would trigger the US responding in defense of Afghanistan. From the Dawn article:

Faizi also said the two sides could not agree on how the bilateral security agreement (BSA) should define an attack on Afghanistan that would trigger US protection.

“We believe that when terrorists are sent to commit suicide attacks here, that is also aggression,” Faizi said.

“We are a strategic partner of the US and we must be protected against foreign aggression. For us and for the US, that’s the conflicting point. We are not of the same opinion and we need clarity from the US side,” he said.

Cross-border skirmishes between various factions in Afghanistan in Pakistan are an ongoing process. In fact, there was a suicide bombing today at the Chaman border crossing that killed at least eight people. Today’s attacker appeared to have come from the Afghan side of the border, but it appears that the US wishes to avoid being forced to carry out attacks inside Pakistan under the guise of the SOFA when a suicide attack originates from inside Pakistan.

Of course, even a government shutdown hasn’t stopped the US carrying out drone strikes inside Pakistan, but that is a different issue entirely and seems to relate more to who has pissed off John Brennan lately rather than who organized a suicide attack.

Dunford Demonstrates Futility of Military’s Doublespeak on Afghanistan

Reuters is carrying a remarkable article today on an interview conducted with the current US Commander in Afghanistan, Joseph Dunford. I say the article is remarkable because it is a perfect embodiment of the extreme dishonesty the military has used so that it can continue to convey the message that we are “winning” in Afghanistan. Neither Dunford nor the Reuters reporters or editors appear to catch the glaring contradiction inherent in Dunford’s statements and the current situation in Afghanistan.

Reuters has titled the article “Afghanistan’s future depends on foreign soldiers: US commander” and opens with this paragraph:

Afghanistan’s future security will remain dependent on international troops for many years after most foreign combat forces leave by the end of 2014, the U.S. commander of the NATO-led force in the South Asian country said.

Okay, so the future security of Afghanistan depends directly on the presence of foreign (that is, US) troops after 2014. But aren’t we handing over security responsibility? Oh yes, see the next paragraph:

With the formal security handover to Afghans closing in, intense debate is underway about how many troops the United States and its mainly NATO allies should leave behind to conduct training, support and counter-terror operations.

Which is it, then? Are we handing over security responsibility to Afghanistan or is security dependent on US troops remaining there? Dunford can’t have it both ways, but he is caught up in the dishonesty that the military has used in order to claim it is making progress in the training of Afghan security forces. When training had been ongoing for many years without any Afghan units getting to the point that they can function entirely on their own, the military simply removed that category from their reporting on training. Now, the most advanced category is “independent with advisors”. The tenacity with which the military is hanging onto its desire to keep those “advisors” on duty in Afghanistan beyond 2014 suggests to me that the military has stretched a long way to put Afghan units into this category and the lie will be exposed when US troops leave for good and the dysfunction of the Afghan units becomes clear.

Dunford’s dishonesty here is hardly unique just to him. One of my favorite figures in the military, Lt. Colonel Daniel L. Davis, has come forward with a proposal aimed at ridding the military of its current penchant for lying in order to claim success. Writing in the Armed Forces Journal, Davis tells us to “Purge the generals“: Read more

Dempsey Photo-Op With Karzai Illustrates Futility of SOFA Negotiations

Dempsey and Karzai pose for the cameras while their countries come no closer to an agreement keeping US troops in Afghanistan. (Defense Department photo)

Dempsey and Karzai pose for the cameras while their countries come no closer to an agreement keeping US troops in Afghanistan. (Defense Department photo)

As the Afghanistan disaster careens closer to the late 2014 end of the NATO mission, the US continues to embarrass itself while it perpetuates the charade of trying to negotiate terms for US forces to remain in Afghanistan beyond 2014. On Monday, the US flew Chairman of the Joint Chiefs Martin Dempsey to Kabul where he had a photo opportunity with Hamid Karzai. Even while the “meetings” were taking place, unfolding events in Afghanistan demonstrate that US plans to keep thousands of troops in Afghanistan under an agreement that has not yet been negotiated show the same lack of situational awareness that has characterized the entire failed military effort there.

As I have been harping for months, a single issue controls the entire concept of whether the US will have troops in Afghanistan after 2014. Just as we saw in Iraq, the US simply will not leave troops in the country if there is no agreement granting criminal immunity to the troops. However, the articles in today’s New York Times and Washington Post on Dempsey’s visit make no reference to the role that immunity will play in whether an agreement is signed. It appears that one has to be retired from the Obama administration to be able to confirm the importance (and unlikelihood of its being granted) of the immunity issue. After blathering that he was making no plans under the zero option (of no US troops in Afghanistan post-2014), Dempsey said that he wants to know where things stand by October of this year and even allowed that there could be a “zero outcome”. That suggests to me that the military at least realizes the very late arrival at a zero outcome in Iraq was so disastrous that a year’s preparation for it will somehow make things better this time.

At the same time that Dempsey and Karzai were smiling for the cameras, the Afghan parliament was voting to remove the interior minister, Mujtaba Patang, from office over the high death rate of Afghan police. Patang announced that over the last four months, 2748 Afghan policemen have died. [I haven’t seen any numbers for how many Afghan military lives have been lost during this time, but that number is also likely to be very high.]

An article today by ToloNews regarding Patang’s ouster (although Karzai is referring the move to the Supreme Court to buy more time), however, provides a rare glimpse of how Afghan experts view the status of US efforts to train and arm Afghan defense forces:

Experts feel that due to lack of proper training and shortage of equipments the Security Forces are not able to fight the insurgents in an effective manner, leading to an increased casualty figures.

Several MPs also expressed their concerns over the increasing casualties within the Afghan police forces.

“Afghanistan’s government should work on a plan to reduce police force causalities. Several lives are lost due to lack of proper training and equipment,” said MP Sediq Ahmad Osmani.

Apart from the forces’ casualties, several residents had a different story to tell. They accused the Security Forces and Police of maltreatment and corruption. The residents said that the Security Forces and Police are equally responsible for the current situation in Afghanistan.

Over the past 11 years, one of the aims of the international community was to build a powerful and self-sufficient military force in Afghanistan. There are over 350,000 Afghan security personnel who will take charge of complete security responsibilities from the foreign troops by the end of 2014.

As other explanations of why the US must remain in Afghanistan have faded away, the mission to train and equip Afghan forces to take on responsibility for their own security has stood as the only remaining justification for several years. Despite all those years and all those billions of dollars squandered, the security situation is getting worse and not better. And the reason security is deteriorating is because despite all that training and equipping we claim to have done, Afghan forces remain too poorly trained and too poorly equipped to take on the job we have been preparing them to assume. Does the US really believe that with “just one more year” the deficiencies in training and equipping can be overcome?

The time to hit the zero option is now. There is no need to wait another year while the situation only gets worse.

McKeon Too Low For Zero Option

Late Saturday, the New York Times posted an article with the misleading headline “US Considers Faster Pullout in Afghanistan”. In a classic case of burying the lede, the article contained the important news that negotiations between Barack Obama and Hamid Karzai are going so badly that Obama is considering a total withdrawal from Afghanistan at the end of 2014, rather than signing an agreement outlining conditions under which a residual US force would remain in the country:

Increasingly frustrated by his dealings with President Hamid Karzai, President Obama is giving serious consideration to speeding up the withdrawal of United States forces from Afghanistan and to a “zero option” that would leave no American troops there after next year, according to American and European officials.

It appears that the latest attempt at a video conference went so badly that the zero option is now under serious consideration:

A videoconference between Mr. Obama and Mr. Karzai designed to defuse the tensions ended badly, according to both American and Afghan officials with knowledge of it. Mr. Karzai, according to those sources, accused the United States of trying to negotiate a separate peace with both the Taliban and their backers in Pakistan, leaving Afghanistan’s fragile government exposed to its enemies.

Mr. Karzai had made similar accusations in the past. But those comments were delivered to Afghans — not to Mr. Obama, who responded by pointing out the American lives that have been lost propping up Mr. Karzai’s government, the officials said.

The option of leaving no troops in Afghanistan after 2014 was gaining momentum before the June 27 video conference, according to the officials. But since then, the idea of a complete military exit similar to the American military pullout from Iraq has gone from being considered the worst-case scenario — and a useful negotiating tool with Mr. Karzai — to an alternative under serious consideration in Washington and Kabul.

For the record, it should be noted that I have maintained since negotiations began last November that Afghanistan will never grant the criminal immunity the US insists on for soldiers remaining in the country and that the US will bumble into the same zero option in Afghanistan that it reached in Iraq.

It would appear that the Taliban also agree that things are going very badly on the negotiation front. From CBS News yesterday morning:

A diplomat and Taliban official say the Afghan Taliban are closing their Qatar office at least temporarily to protest demands they remove a sign that identified the movement as the Islamic Emirate of Afghanistan.

The office was opened less than a month ago to facilitate peace talks, and has also come under pressure for using the same white flag flown during the Taliban’s five-year rule of Afghanistan that ended with the U.S.-led invasion in 2001.

Clearly, if the US winds up with zero residual forces, there would be no reason for the Taliban to negotiate with the US (or Karzai).

ToloNews has this report on yesterday’s press briefing by White House spokesman Jay Carney (the transcript was not yet posted when I wrote this post):

Jay Carney, the White House Press Secretary, said on Tuesday that a decision on the exact pace and numbers of the U.S. troop withdraw from Afghanistan is not “imminent.” However, he said that a “zero option” for the U.S. troop presence post-2014 is still on the table.

The idea that the US could finally completely end its misadventure in Afghanistan should appeal to most rational people who are concerned about the loss of soldiers on both sides of the conflict, the huge losses of civilians who have been killed in the conflict and the massive drain on the US treasury.

Sadly, Buck McKeon, who chairs the House Armed Services Committee, is both one of the most corrupt members of Congress (even getting national defense contractors to contribute for the first time ever to a state legislature race when his wife was running) and not rational when it comes to concern for life and tax dollars. Sensing that his corporate masters in the defense contracting business stand to lose money under a zero option, McKeon rushed to their rescue. From an article in The Hill, yesterday evening: Read more

State Department, US Press Hide Important Karzai Statement on Bilateral Security Agreement

Karzai addressing his cabinet. Photo is from the web posting of Karzai's statement on the Bilateral Security Agreement.

Karzai addressing his cabinet. Photo is from the web posting of Karzai’s statement on the Bilateral Security Agreement.

Although there really is only one controlling issue in the quest to sign a new SOFA (Status of Forces Agreement) BSA (Bilateral Security Agreement) governing US troops in Afghanistan after official NATO actions conclude at the end of next year, Afghan President Hamid Karzai seems to be taking perverse pleasure in taking sweeping actions and making broad statements that seem to alternately encourage and then discourage those seeking to finalize the agreement. As I explained late last year, the US will keep troops in Afghanistan after 2014 only if they are granted criminal immunity. Without immunity, the US will withdraw fully just as it did in Iraq when immunity was denied there.

Recall that Karzai called for all US Special Forces to leave Maidan Wardak province back in late February. Just about three weeks later, he appeared to relent somewhat and it appears that SOF only left one district. On May 9, Karzai surprised everyone by announcing that the US could maintain nine bases in Afghanistan after 2014, apparently catching the US off-guard. In response, the US claimed they want to house troops at Afghan bases, because there is no desire for permanent US bases in Afghanistan.

Lest those negotiating the agreement get too encouraged by the base proposal, though, Karzai has now placed what appears to be a completely impossible precondition on signing the agreement, but citizens in the US would be hard-pressed to know anything about it. At the State Department briefing on May 17, there was an acknowledgement that Karzai had released a statement, but we don’t learn what Karzai actually said from the exchange with a reporter:

Walitz, do you have something?

QUESTION: Afghanistan.

MS. PSAKI: Mm-hmm.

QUESTION: President Karzai’s office issued a brief statement today that he spoke to Secretary Kerry. Do you have any details on the readout, what were the issues they discussed?

MS. PSAKI: I do, I do.

QUESTION: Thank you.

MS. PSAKI: So Secretary Kerry spoke this morning with President Karzai. They discussed our joint progress on the bilateral security agreement, border issues, and the status of the ongoing peace process. Secretary Kerry also affirmed that he and President Karzai remain committed to the same strategy and the same goal of a stable, sovereign Afghanistan, responsible for its own security and able to ensure that it can never again be a safe haven for terrorists.

QUESTION: Do you know when this BSA will be signed? What’s the status on that?

MS. PSAKI: I don’t have any specific update on that. Again, it’s obviously something that we continue to work on, work very closely on at many levels with the Government of Afghanistan.

So neither Jen Psaki, the State Department spokesperson, nor the reporter referred to as Walitz bothers to actually mention what Karzai said in his statement that was released. Here is what Karzai’s statement says regarding the bilateral security agreement:

On the bilateral security agreement that the United States is seeking to sign with Afghanistan at the soonest, President Karzai has said to the US Secretary of State that Afghanistan would sign the agreement only if conditions of the Afghan people were accepted and the first precondition is to bring peace and to end war in Afghanistan.

President Karzai clarified to John Kerry, it was impossible for the people of Afghanistan to be pleased with signing of the security agreement whereas violence and war continue in the country.

The President said to the Cabinet meeting that the security agreement if signed without the return of peace, and with continuation of violence and bombings means that the people of Afghanistan would continue to suffer every day from blasts, terrorist attacks and foreign invasions.

President Karzai added, the fundamental precondition of Afghans for the agreement is bringing peace, security and stability to Afghanistan if this is fulfilled, then the Afghan people would agree with signing of the agreement with the United States.

Just wow. Karzai has said he will not sign the agreement while “violence and war” continue in Afghanistan, and neither the “press” nor the Department of State “spokesperson” found it necessary to put that particular tidbit into the public record. I can find no reports on Karzai’s statement in the US press. It has been reported by ToloNews in Afghanistan. It would appear that when the State Department gives its own “readout” on a conversation, it is very important to check other original sources for what really took place in the conversation.

[Brief note on dates: the reporter mentions that Karzai’s office released a brief statement “today” that Karzai had spoken to Kerry. From the records I can find, this press briefing took place at 12:30 pm in Washington on May 17, which would be 9 pm in Kabul on the same day. The statement from Karzai’s office that I quote here is dated May 18, so it is unclear whether Walitz had seen the full Karzai statement at the time the question was posed. I can find no reference to the Karzai-Kerry conversation on the Karzai website that is dated May 17.]

Dunford Once Again Shows Complete Lack of Budget Awareness

When we last heard from General Joseph (We Are Winning in Afghanistan, We Really Are!) Dunford, he was showing total incompetence in terms of budget awareness in front of the Senate Armed Services Committee. Defense Secretary Chuck Hagel had announced on March 28 that DoD was $7 billion over budget in Afghanistan. By the time Dunford was asked about the over-budget situation during the hearing on April 16, Mike Lee stated that the overage had grown to $10 billion. Despite being in charge of US and NATO troops in Afghanistan, Dunford professed complete ignorance of the over-budget situation. That is a stunning lack of situational awareness for someone who is supposed to be in charge. After bumbling on a bit, Dunford did promise to eventually get back to Lee on the budget issue.

It would appear that even if he has gone back and looked over his own money management failures, Dunford has looked no further than the DoD budget. The New York Times posted a story yesterday based on an interview with him, and Dunford made another statement that is mind-boggling in terms of its lack of awareness of budget realities for the region. Recall that back in February, NATO defense ministers proposed that instead of allowing Afghan National Security Forces to drop by about a third after the end of 2014, the full force size of “352,000” (that’s in quotes because I think the SIGAR audit is going to finally destroy the 352,000 force size myth) should be maintained through at least 2018. My response to this suggestion was that it appeared to be a $22 billion bribe being offered to Afghan authorities in return for their agreeing to a Status of Forces Agreement that would grant criminal immunity to US forces remaining after the end of the official NATO mission at the end of 2014.

In the interview with the Times, Dunford continued his previous agreement with the concept of extending the time frame for the larger ANSF force size, but then made a suggestion that is stunningly stupid regarding how the extended force size should be funded:

He has concluded as well that plans to reduce the number of Afghan security forces — the army and police combined — to 228,000 after 2015 from the current target level of 352,000 are not realistic, given the threats in the country. “The consensus now both from the Afghans and certainly from us is that we ought to sustain that for some period time to come,” said General Dunford, referring to the 352,000 head count.

What is less clear is how such a force could be paid for. The international community, led by the United States, has agreed to pay roughly $4.1 billion in aid per year for the Afghan security forces after 2014, based on estimates of what a smaller Afghan security contingent would cost. If the Afghans want to keep a larger force, they will either have to field a cheaper army and police force or come up with more money themselves to pay for it. General Dunford suggested that the Afghans could economize, although he did not give examples of where they might find the savings.

That’s right. A totally dysfunctional, stunningly corrupt government should just somehow “economize” and find an additional $22 billion to fund a mythically large defense force.

Oh, and just like his own war effort in Afghanistan that has been mis-managed into a huge budget deficit, if Dunford only read the New York Times, he would be aware that the IMF has found Afghanistan’s government to be facing a serious budget shortfall:

The Afghan government is supposed to cover less than half its own bills this year, yet achieving even that modest goal is proving an unexpected challenge, Afghan and Western officials said.

A confidential assessment of Afghan finances by the International Monetary Fund said the potentially severe cash crunch was caused by widespread tax evasion abetted by government officials, the increasing theft of customs revenues by provincial governors and softening economic growth.

The I.M.F. assessment, which has not been publicly released but was described by American and European diplomats who were recently briefed on its findings, estimated that Afghan revenue in the first quarter of the year was roughly 20 percent to 30 percent short of an informal target the fund had set for the government.

Yeah, sure. With revenues already 20 to 30 percent short of projections, that’s a government that can just poke around a bit and find another $22 billion in the SOFA.

Once Again, US Pretends to Hand Over Control of Parwan Prison, Holds Back Some Prisoners

Stop me if you’ve heard this one before. We have headlines at multiple news outlets trumpeting that the US has ceded control of Parwan Prison (newly re-named today as the Afghan National Detention Facility at Parwan!), but when we drill down just a bit, we see that the US can never truly let go of its love of indefinite detention without trial, and so they have held back a few prisoners from today’s deal. Rod Nordland and Alissa Rubin do the best job of cutting through the US reliance on deception and semantics with their article in today’s New York Times, where even the headline writer got into the spirit of seeing this “agreement” as it really is: “U.S. Cedes Control, Almost, on Afghan Prisoners“.

At the heart of the long-standing difficulty in handing over control of the Parwan facility has been the US insistence that some prisoners be maintained indefinitely without charge while Afghanistan has continued to point out that the rule of law should prevail and all prisoners deserve a trial to determine their guilt. Nordland and Rubin were fed a list of recidivist Taliban figures who have been released by Afghanistan only to return to battle, but they did not allow that information to cloud their reporting on the fact that the US has held back some prisoners in the handover:

The American military formally transferred all but “a small number” of the Afghan prisoners at the Bagram Prison to the Afghan government on Monday in a ceremony that almost, but not quite, marked the end of the American involvement in the long-term detention of insurgents here.

/snip/

Afghan officials said the review boards will no longer exist and all prisoners at Bagram, present and future, will go straight into normal judicial proceedings. American officials, however, said they expected the Afghans to maintain review boards, but without American participation. The difference may be a semantic one, as Afghans expect teams of prosecutors to review which prisoners are released and which are prosecuted in court.

An American military official in Kabul insisted that the military has confidence that those insurgents whom the United States views as enduring security threats would not be released easily or quickly. “These people pose a threat to Afghan soldiers and Afghan civilians, too,” the official said. “We’re confident they will have appropriate measures in place to ensure dangerous detainees don’t pose a threat to Afghan and coalition forces.”

The Americans have long argued for a nonjudicial review process and a way to hold insurgent prisoners in long-term administrative detention, because of the difficulty of building criminal cases under battlefield conditions. Americans have argued that without such a system, soldiers in the field may be tempted to kill rather than capture insurgents. Afghan officials objected that administrative detention was unconstitutional.

We get a bit more information on the prisoners held back in the AP story carried in the Washington Post:

The detention center houses about 3,000 prisoners and the majority are already under Afghan control. The United States had not handed over about 100, and some of those under American authority do not have the right to a trial because the U.S. considers them part of an ongoing conflict.

There are also about three dozen non-Afghan detainees, including Pakistanis and other nationals that will remain in American hands. The exact number and nationality of those detainees has never been made public.

“They are not the priority of the Afghan government so the Americans can keep them for the time being. Our priority are the Afghan detainees,” Afghan Defense Ministry spokesman Gen. Zahir Azimi said.

The US sweetened the pot today with an extra $39 million in funding for the facility on top of the approximately $250 million it has already spent building and maintaining it.

Both Afghan news sources I follow, Khaama Press and TOLONews, run straight stories today reporting full handover without mentioning the prisoners that the US is holding back.

All coverage of today’s handover agreement that I have read does place it in the context of the next agreement that is required on whether US troops remaining behind after the NATO withdrawal at the end of 2014 will have criminal immunity. (I must have made too many SOFA jokes in post headlines, because now all US news sources refer to the need for a “bilateral security agreement” rather than a “status of forces agreement”.) The timing for getting today’s agreement in place is quite significant, as John Kerry has suddenly appeared in Afghanistan, presumably to do a bit of SOFA shopping. I’m guessing he will promise a very good purchase price.

Update: The New York Times article has mutated and no longer has the headline that was so revealing. New headline: “Amid Fears of Releases, U.S. Cedes Prison to Afghanistan”. Oh well, the clear explanation lasted for a while and even still lingers in the url of the article.

Prison Handover Agreement Blows Up, Again, During Hagel’s First Visit to Afghanistan Quagmire

Exactly one year ago today, I posted on the agreement in principle that would hand over the Detention Facility in Parwan, located near Bagram Air Base, to full Afghan control. I noted at the time however, that the “agreement” depended heavily on semantics and that the US was in fact doing its best retain as much control as possible:

The agreement appears to use semantics to say that the prisons are being handed over today, but with the reality being that there will be a gradual process taking six months. From the New York Times:

The memorandum of understanding would officially hand over control of detainees to an Afghan official as of Friday, but would also allow for a six-month period of transition to full Afghan control of the American-held detainees, American officials said.

As a practical matter, American officials are expected to maintain day-to-day control over the 3,200 detainees, most of them suspected Taliban insurgents.

During the six months, custody of the American-held prisoners would gradually transfer to Afghan authority, with the first 500 prisoners to be transferred within 45 days, according to American military and diplomatic officials who spoke on condition of anonymity as a matter of policy.

The move is a major concession to the Afghans, but the Americans will retain ultimate veto authority over releases of any insurgent detainees as long as American troops are in Afghanistan, and will continue to monitor humane treatment of the prisoners, the American officials said.

With the US maintaining veto power over release of any prisoners, perhaps Senator Graham will have to hold off on throwing his next tantrum, as his major objection to the handover had been that the Afghans would release prisoners who would immediately attack US troops. It’s not clear how the US will be monitoring humane treatment of the prisoners, since it is US training that put the torture methods in place to begin with.

The six month gradual handover phase has now been a full year, during which we have seen many rough patches. At the six month mark, I noted that the US balked on finalizing the handover because the Afghans refused to put into place a system for indefinite detention without trial. But throughout this process, the key really has been that the agreement itself has been a sham (just as with most of our agreements with Afghanistan) primarily because the US continues to maintain that it has final veto power on Afghan decisions to release prisoners.

On Wednesday of this week, the dispute over prisoner release came to a head, as Afghan President Hamid Karzai announced to the Afghan parliament that the final handover of Parwan would take place today and that he would immediately release a number of prisoners he said are innocent. Unsurprisingly, the US today unilaterally cancelled the final handover ceremony, throwing the whole agreement into disarray. From the New York Times: Read more

NATO Wants US to Buy $22 Billion SOFA in Afghanistan

Both Reuters and the New York Times carry stories this morning reporting that NATO has floated the idea of extending the 352,000 Afghan National Security Force size for a number of years beyond the current plan that calls for it to fall significantly after the US completes its withdrawal. There are a number of problems with this idea. The first is that the 352,000 number bears little relation to reality at this point, since the ongoing high attrition rate for Afghan forces continued during the prolonged disruption in training due to green on blue attacks. Although ISAF continues to claim that recruiting and initial training goals to support the 352,000 level were met, the likelihood that this level of troops still exists and is integrated into ANSF is very low. (See this post for just one example of the deployment deficit at an Afghan National Border Police facility.) Second, the US bears the bulk of the budgetary load for maintaining ANSF, so extending the commitment to the increased troop level is asking for a large financial commitment from the US at a time when budget deficits are the panic du jour in Washington. Finally, because only one Afghan National Army unit now is reported to be able to function without any advisor input, a large number of US advisors is required to achieve the required ANSF force size and there is not yet a negotiated Status of Forces Agreement (SOFA) that grants immunity to US troops remaining in Afghanistan after the planned withdrawal at the end of 2014. The lack of such an agreement in Iraq resulted in our rapid withdrawal of advisors there.

Here is how the Times described the proposal:

NATO defense ministers are seriously considering a new proposal to sustain Afghanistan’s security forces at 352,000 troops through 2018, senior alliance officials said Thursday. The expensive effort is viewed as a way to help guarantee the country’s stability — and, just as much, to illustrate continued foreign support after the NATO allies end their combat mission in Afghanistan next year.

The fiscal package that NATO leaders endorsed last spring would have reduced the Afghan National Security Forces to fewer than 240,000 troops after December 2014, when the NATO mission expires. That reduction was based on planning work indicating that the larger current force level was too expensive for Afghanistan and the allies to keep up, and might not be required. Some specialists even argued that the foreign money pouring into Afghanistan to support so large a force was helping fuel rampant official corruption.

Recall that the Obama administration managed to quash the semi-annual report on “progress” in Afghanistan that was due in October until after the November elections, but once it finally came out, the New York Times reported:

As President Obama considers how quickly to withdraw the remaining 68,000 American troops in Afghanistan and turn over the war to Afghan security forces, a bleak new Pentagon report has found that only one of the Afghan National Army’s 23 brigades is able to operate independently without air or other military support from the United States and NATO partners.

So we see that there is a huge dependence on “advisors” (=US troops) who are required for there to be any semblance of function for the ANSF. And yet, as I discussed back in November, there is not yet a SOFA in place that provides full criminal immunity to US forces who are in Afghanistan posing as advisors after 2014. Is NATO floating the idea of extending the large force size myth as an enticement to Afghan officials to keep their corruption dollars coming in by approving US troop immunity in the new SOFA? Read more

“Conditions on the Ground” in Afghanistan Demonstrate Why Immunity Will Never be Granted to US Troops

Despite the happy talk in Washington during Friday’s joint press appearance by Afghan President Hamid Karzai and US President Barack Obama, Karzai’s public statement today upon his return to Afghanistan illustrates that it is quite unlikely that we will ever see an agreement granting US troops full criminal immunity beyond the end of 2014. Highly disparate stories from Afghan civilians, the Afghan press and the US military surrounding the deaths of a number of Afghan civilians on Sunday serve to illustrate why no immunity agreement will ever be granted and that a full US withdrawal, just as seen in Iraq, will follow the failure to grant immunity.

In the Washington press conference on Friday, Karzai said that he would push for an immunity agreement:

Mr. Karzai also said he would push to grant legal immunity to American troops left behind in Afghanistan — a guarantee that the United States failed to obtain from Iraq, leading Mr. Obama to withdraw all but a vestigial force from that country at the end of 2011.

But now that he is back in Afghanistan, we see how Karzai plans to make his “push”:

“The issue of immunity is under discussion (and) it is going to take eight to nine months before we reach agreement,” Karzai told a news conference in the capital, Kabul, after returning from meetings with U.S. President Barack Obama in Washington.

The Afghan government rejected an initial U.S. proposal regarding the question of immunity and a second round of negotiations will take place this year in Kabul, he said.

Those negotiations could involve Afghanistan’s Loya Jirga, a “grand assembly” of political and community leaders convened for issues of national importance, he added.

It seems virtually impossible that a Loya Jirga would vote to confer immunity, and so it appears that by including the Loya Jirga in the decision process, Karzai will be able to claim that he “pushed” for immunity but was unable to get the vote for it.

Meanwhile, a joint US-Afghan military operation on Sunday provides a perfect example of both why the US insists on immunity and why Afghans are virtually certain never to grant it.

The New York Times gives us some of the basics of what happened:

An explosion in a mountain village in eastern Afghanistan on Sunday killed at least seven civilians after a joint American-Afghan military raid killed four Taliban fighters there, Afghan officials said. But villagers said 16 civilians had been killed.

/snip/

In Sunday’s raid, which occurred before dawn, a team of American and Afghan Special Operations forces detained a Taliban leader and then came under fire from Taliban gunmen who were hiding in a mosque. At least some of the Taliban were wearing suicide vests, which exploded during the fight, destroying the mosque, Afghan officials said.

“It was a joint ground operation in Hasan Khel village of Saidabad that killed four armed Taliban inside the mosque,” Major Zaffari said. “Some civilians were trying to collect the bodies or to get their weapons and other ammunition when suddenly a huge explosion took place and resulted in civilian casualties, but we don’t know the exact numbers.”

Afghan civilians claim that a US airstrike was involved. In fact, Khaama Press includes that claim in the headline of its story “NATO airstrike kill Afghan civilians in Wardak province” (it appears that subject-verb agreement was lost in translation): Read more