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Historically, The Foreign Occupying Army
is Not the Solution to Defeating Insurgents
in Afghanistan & Elsewhere,
Cautions
Success Most Probable With Indigenous
Effort, Denial of Sanctuary for Insurgents
Significant Direct Intervention by
Support and Legitimacy
Ninety Insurgencies Since 1945 Examined
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EDITOR’S NOTE: This report was originally published in the October 2008 AV Political Observer. In consideration of the president’s recent decision to increase The The report, titled “Counterinsurgency in The report states, in its summary, “In many cases, a significant direct intervention by The The author, Seth G. Jones, disclosed his report examined the beginning of the insurgency in The Fallacy of External Actors The 117 page, seven chapter report examined 90 insurgencies since World War II and found many policy makers in that time-frame underestimated the value of indigenous players in quelling insurrectionist forces. Indigenous government and security forces are described as “the most critical actor in a counterinsurgency campaign” because most counterinsurgency campaigns are not won or lost by a foreign occupying army. Analysis by Also according to the The report warned, “Since indigenous forces eventually have to win the war on their own, they must develop the capacity to do so. If they do not develop this capacity, indigenous forces are likely to lose the war once international assistance ends.” In an argument against a heavy United States military footprint, the report stated, “…a lead U.S. role may be interpreted by the population as an occupation, eliciting nationalist reactions that impede success” and added, “a lead indigenous role can provide a focus for national aspirations and show the population that they—and not foreign forces—control their destiny. Competent governments that can provide services to their population in a timely manner can best prevent and overcome insurgencies.” Indigenous Lead Three distinct groups or “actors” comprise an insurgency: insurgents, the government, and outside actors, which may support either insurgents or the government. Although outside actors may play a “pivotal role in tipping the war” in favor of either the insurgents or the government, the report cautioned “outside actors alone can rarely win the war for either side.” Indigenous popular support is the goal for all sides in an insurgency because with popular support comes assistance from the local population - money, logistics, recruits, intelligence, and other aid. “To many insurgents, the population offers a level playing field. If insurgents manage to alienate the population from the government and acquire its active support, they are more likely to win the war. In the end, the exercise of political power depends on the tacit or explicit agreement of the population - or, at worst, on its submissiveness,” the RAND concluded, “Most policymakers - including in the Insurgencies Since 1945 Examined by Three variables linked with the success or failure of past counterinsurgency efforts were: the capability of local police and security forces; quality of local governance; and external support and sanctuary for insurgents. The ability for local security and police to establish law and order was identified as “paramount” to success. Law and Order Governments with competent security forces won in two-thirds of all completed insurgencies while governments defeated insurgencies less than one-third of the time when their competence was medium or low. Characteristics of a competent security force include initiative, good intelligence, motivated soldiers with quality leadership, and the ability to learn and adapt during combat operations. Low competent organizations were characterized by corruption, along with poorly financed and equipped personnel, and members that are politically divided. Governments often relied upon paramilitary forces over local police to engage the insurgency because of the above mentioned superior operational characteristics of security forces compared to local police; however, local police are described by On policing, An effective police force is critical to fighting an insurgency because there are limits to the use of military force, according to “A viable indigenous police force with a permanent presence in urban and rural areas is a critical component of counterinsurgency,” the report concluded on the question as to the importance of a local police force. As to how RAND determined competency, a footnote in the report stated that Civil Government “The absence of good governance is often a root cause of an insurgency. A basic need of any insurgent group is an attractive cause,” stated the report. The RAND report singled out corruption as a particularly “invidious,” or difficult challenge because it directly undermined the government, hampered economic growth, disproportionately burdened the poor, undermined the rule of law, damaged government legitimacy in the minds of the people, and funneled “scarce public resources” away from projects that benefited society as a whole. “However, the most damaging effect of corruption is its impact on the social fabric of society: corruption undermines the population’s trust in the political system, political institutions, and political leadership,” stated the report. Cultural realities in External Support As is the case currently where Afghan insurgents enjoy sanctuary in The report concluded its chapter on research of past insurgencies when it described indigenous forces as the “default force of choice” because “even if tactically successful, a unilateral operation by external forces may ultimately lead to failure by undermining and de-legitimizing the very indigenous capability the external actor is trying to build.” Afghan Recent History: A Legacy of War Chapter three of the RAND report focused on the history of insurgency in RAND reported, “ The Red Army Fails Beginning with the Soviet Union’s 1979 invasion, During the fifteen-year Soviet occupation, the Red Army was able to control major cities and provincial towns, however, they were never able to secure and control the countryside. Throughout the occupation by Soviet troops, the situation in the countryside worsened for the Red Army and the Soviet installed Afghan puppet government as the Mujahideen steadily gained popular support. Of critical value to the Mujahideen was support from “Soviet losses mounted steadily, despite the Soviets’ repeated efforts to defeat the Mujahideen through the widespread deployment of mines, carpet-bombing of rebel areas, and the use of scorched-earth tactics,” The Soviet withdrawal in 1989 left in its wake an estimated one million dead Afghanis, 15,000 Soviet soldiers killed, with 500,000 sick or wounded. The Rise of the Taliban Pro-Moscow forces clung to power for three-years after the Red Army withdrawal, until 1992, when Kabul fell to Mujahideen forces who established a new government, which lasted until 1994. In late 1994, a new movement named the Taliban – from the plural of Talib, an Arabic word denoting an Islamic student – seized control of Headed by Mullah Omar, the Taliban capitalized on the war weariness of the people and were well received as they promised to be a cleansing force that would rid By February 1995, the Taliban captured nine out of thirty provinces, mainly in the south and east of the country. In 1996, the Taliban captured the capital city of By 2001 the Taliban controlled virtually all of After the attacks of 9/11, Of special note is RAND’s conclusion that RAND reports, “ The Taliban Today The Taliban have been historically motivated to impose a radical form Sunni Islam in RAND reports an influx of new fighters recruited at Madrassas and at other locations in both The Taliban is comprised of two main tiers: the top tier which includes leadership, key military and political guerillas and commanders; and the second tier, or bottom tier, comprised primarily of men from rural villages paid to set up road side bombs, launch rockets and mortars at NATO troops, and paid to pick up a gun and fight for “a few days.” Of the bottom tier, most are not ideologically committed to Jihad, as are top tier members; rather, the bottom tier is comprised mostly of men motivated by unemployment, the lack of change since 2001, or, RAND reported, “anger over the killing or wounding of a local villager by Afghan, U.S., or NATO forces. Some fought because of grievances with the Afghan government or because of abuse (either actual or perceived) by Afghan or coalition forces—such as bombings and intrusive house searches.” Foreign Fighters Allied with the Taliban Foreign fighters allied with the Taliban are described by RAND as an “amalgam” or fusion of “loosely knit Muslim extremists, including Al-Qaeda forces” whose ranks were comprised from primarily two types: individuals from the Caucasus and An undisclosed number of fighters are affiliated with Al-Qaeda, and an undetermined number are motivated by the broader Jihadist goal of pushing the Contrary to conventional wisdom, Insurgent Activity Since 2002, there has been a gradual deterioration of the security environment, particularly in the south and east of In 2005 and 2006, the “Once insurgents establish a hold over the population, those who are hostile to the insurgents often become too fearful to oppose them. Some may be eliminated, providing an example to others. Some may escape abroad. Still others may be cowed into hiding their true feelings. By threatening the population, the insurgents give individuals a strong rationale to refuse or refrain from cooperating with the indigenous government and external actors,” reported Insurgent groups were described by RAND reported, “As Taliban military officials argued, this is classic guerrilla warfare: ‘Our military tactic is to control a district center, kill the government soldiers there, and withdraw to our mountainous strongholds, where it would be very difficult for the government to pursue us.’” Taliban forces increased in size while carrying out attacks with each successive year, as U.S. & Coalition Forces RAND argues that RAND cautions RAND examined the U.S. decision to have a light military footprint in Afghanistan to prevent large-scale resistance similar to what the Soviets encountered in the 1980s and added, “Indeed, several great powers throughout history have been defeated in Afghanistan, including the forces of Alexander the Great, Great Britain, and the Soviet Union.” A light military footprint worked well to overthrow the Taliban in 2001, according to To measure the force level needed for stability operations, An example of a successful joint U.S.-Afghan combat operation was action in In this operation, Afghan forces led every joint mounted patrol, according to An example of a less successful operation was “Operation Mountain Sweep” where paratroopers from the U.S. Army’s 82nd Airborne operated unilaterally. RAND reports the solo Direct Action Against Insurgents Four specific combat operation tactics deemed successful to varying degrees were: clear, hold, and expand; armed reconnaissance and raiding; close air support; and command and control arrangements. The permanent isolation of insurgents from the population by destroying insurgent forces and their political organizations in a specific area over the long-term has proven to be successful. The isolation, however, ideally, must be maintained by and with the local people, not imposed upon them. Clear, hold and expand (CHE), or, the “ink-spot strategy” is when military forces set up secure zones and slowly expand them. The focus is on holding ground that is pro-Afghan and coalition, or at least anti-Taliban, and protecting the local government and key resources. CHE forces would conduct operations in ever-expanding zones, where in the first zone, CHE forces would “target and eliminate” insurgents in the area. CHE forces, to be successful, are required to live among the local populace “for long durations to gain its trust and support and then try to separate the locals from the insurgents.” Armed recon is described as the patrolling of a suspected insurgent area to gain intelligence on their activities, then initiate contact and wage battle, or confirm the area is clear of insurgents. The mission goal is to disrupt insurgents and keep them off balance. Working Within A Coalition RAND rates the NATO’s forces in One German soldier is quoted in the A lack of unity in command was a second area of concern for RAND, due to an absence of a “high representative” as was implemented in the international effort in In Afghanistan, there was no unity of command for either the civilian or military efforts which led to separate U.S. and NATO military chains of command resulting in several external forces operating in the area with different missions and different rules of engagement. The research described in this article is from a report prepared for the Office of the Secretary of Defense (OSD). The research was conducted in the RAND National Defense Research Institute, a federally funded research and development center sponsored by the OSD, the Joint Staff, the Unified Combatant Commands, the Department of the Navy, the Marine Corps, the defense agencies, and the defense Intelligence Community. The report “Counterinsurgency in About the author of the RAND study, “Counterinsurgency in He has published articles on a range of national security subjects in International Security, The National Interest, Political Science Quarterly, Security Studies, Chicago Journal of International Law, International Affairs, and Survival, as well as such newspapers and magazines as the New York Times, Newsweek, the Financial Times, and the International Herald Tribune. He received his MA and PhD from the Examined Insurgencies Since 1945 China 1946–1950 China/Tibet 1950–1951 Congo/Katanga 1960–1965 Ethiopia/Eritrea 1974–1992 Guinea–Bissau 1962–1974 Dominican Rep. 1965–1965 Nigeria/Biafra 1967–1970 Pakistan/Bangladesh 1971–1971 Pakistan/Baluchistan 1973–1977 Indonesia/East Nigeria/Biafra II 1999– Indonesia/Aceh 1999– Papua New Guinea/Bougainville 1988–1998 India/Kashmir 1989– China/Xinjiang 1991– Croatia/Krajina 1992–1995 Georgia/Abkhazia 1992–1994 Azerbaijan/Ngo-Kar 1992–1994 Serbia/Kosovo 1998–1999 Afghanistan 2001– Ivory Coast 2002– Sudan/Darfur 2002– Iraq 2003–
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Past Insurgencies Examined
Seth G. Jones is a Political Scientist at the RAND Corporation and an Adjunct Professor at
Creation of Domestic Intelligence
Agency Brings Potential to
‘Significantly Change the Nature and Character’ of Nation, Department of Homeland Security Warned
A History of Government Spying on The People
in a Free Society Examined
In the Name of National Security
Since the Alien & Sedition Acts of 1798
To ask the federal government if it needed more power is akin to asking the barber if you could use a haircut; but that very question was asked by Congress of the U.S. Department of Homeland Security (DHS), and DHS was required to provide an answer.
In June 2002, Congress directed DHS Office of Intelligence and Analysis to perform an independent study on the feasibility of creating a Domestic Intelligence Agency (
RAND
In the report’s preface,
Domestic Law Enforcement v.
Foreign Intelligence Operations
Although viewed as separate functions within government, intelligence and law enforcement are described by
The traditional role for U.S. intelligence activity has concerned itself with the gathering of information on threats posed by foreign agencies in their overseas activities then using the information to take action to prevent attacks - not as evidence for prosecution in court - while law enforcement, in contrast, is done “at home” and is largely “a reactive enterprise.”
RAND
RAND
“Differences between what Americans were comfortable with happening outside
9/11 was cited as the singular event that “called into question the fundamental assumptions that had underpinned U.S. intelligence and law enforcement activities” for many Americans; an event without which, according to
Two camps emerged in the new order: those advocating for “significant alteration in the ground rules” regulating government monitoring and intervention activities within the United States (a political philosophy advocated by Neo-Conservatives), and those that still adhered to the nation’s “history of distrusting centralized government power and, as a result, often restrained government control over the lives and activities of individual citizens.”
Although not identified as “Neo-Conservative” (Neo-Con) in the
The Neo-Con viewpoint is characterized by
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Americans’ “deeply held values of personal Freedom and
Among the issues deemed relevant and central in the consideration of the creation of a
Since 9/11,
RAND
War-Time Conditions Equal the Loss of
U.S.
From President John Adams and his concerns with French spies, to President George W. Bush and Al-Qaeda, two themes have emerged repeatedly, along with “remarkably similar arguments” over how to protect the nation against potential threats.
The first theme is the establishment of political control over counter-terrorism and domestic intelligence gathering operations, to include the appropriate scope, limitations and responsibility.
Secondly is the “balance” between Civil Liberties and national security, especially in time of war. Government domestic surveillance has been “sporadic” in the first 150 years of
Traditionally, government domestic spying ceased when the crisis or war ended, and the governmental mechanisms that supported the operation were dismantled.
In response to concerns with French spies in
The Naturalization Act, the first of the four laws, extended the residence requirement for
The Alien Enemies Act allowed, “in wartime, all citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be in the United States and not naturalized…liable to be apprehended, restrained, secured and removed, as enemy aliens.”
RAND
The
"In response to the Alien and Sedition laws, Jefferson and Madison anonymously drafted the
"The public’s discontent with the Alien and Sedition laws was mighty and probably played a large part in the election of Thomas Jefferson in 1800. Ultimately, the Alien and Sedition Acts were repealed or allowed to expire, and they became viewed as examples of unacceptable governmental interference in the political process and served to constrain future leaders when responding to dissent.
"During subsequent episodes of wartime, Congress enacted laws that restricted Civil Liberties (using the same national security arguments that underlay the Alien and Sedition Acts), but never to the extent that the Alien and Sedition laws of 1798 did.”
Civil War & Spanish-American War
Domestic “security intelligence functions” were the purview of the military during the Civil War and surveillance programs were discontinued after the war ended.
Intelligence did not become institutionalized within the military until the establishment of the Office of Naval Investigations (ONI) in 1882. The Army’s first permanent intelligence organization was established in 1885.
ONI was created for “observing and reporting on advances in maritime technology overseas” with the
WWI
With the
The Espionage Act of 1917 made opposition to the draft “and other wartime policies” illegal, and the Sedition Act of 1918 made it illegal to criticize the government, especially in its prosecution of the war. The Immigration Act of 1917 enlarged the classes of aliens excludable from the
Unlike earlier periods in
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FDR & The List
In his 1934 State of the Union address, FDR identified crime as a serious threat to national security, a threat that required, in the words of FDR, “the strong arm of the federal government” to combat. In response, in 1935, the BoI became the Federal Bureau of Investigation (FBI), a national law enforcement agency, and in 1939, domestic intelligence activity became institutionalized within the FBI.
It was in 1939 FBI began to develop a list of individuals – titled the Custodial Detention Index - “on whom information [was] available indicating strongly that [their] presence at liberty in this country in time of war or national emergency would constitute a menace to the public peace and safety of the United States Government”
The program first targeted the Socialist Workers Political Party, communist organizations, to include their front-groups, “as well as persons reported as pronouncedly pro-Japanese”
In 1943, the Attorney General decided that the Custodial Detention Index was no longer useful, was based on “faulty assumptions” and ordered it abolished.
“The FBI director did not comply with the Attorney General’s order to abolish the list,”
1947 National Security Act
Foreign intelligence was conducted by the military and the State Department until 1947, when
“Ironically, while the establishment of the
FBI Domestic Spying
Congress gave FBI increased powers in the 1950s. The Emergency Detention Act of 1950 outlined specific standards for the apprehension of individuals in the event of an “internal security emergency.” The basic criterion to have one’s name added to the list was whether there was “reasonable ground to believe that such person probably will engage in, or probably will conspire with others to engage in acts of espionage and sabotage”
The criteria used to be included on the new Security Index List compiled by FBI was not adjusted in accordance with the new law.
By May 1951, the number of names on the Security Index List had grown to 15,390. By the end of 1954, the number grew to 26,174 with 11,033 identified for “priority apprehension.”
In 1955, FBI voluntarily revised criteria used to place a name on the list and created a Subversives Control Section (
However, the names taken off the list were retained by FBI field offices, and those individuals still listed were given an opportunity to have their names removed on the condition they become an FBI informant or intelligence source.
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In 1971, Congress repealed the 1950 Emergency Detention Act, which also repealed the Security Index List. In response, FBI reconstituted the Security Index List into the Administrative Index, based upon advice of the Attorney General that the repeal did not “alter or limit the FBI’s authority and responsibility to record, file and index information secured pursuant to its statutory and Presidential authority.”
In 1970, President Nixon appointed a “secret interagency taskforce” that recommended the president authorize a series of “clearly illegal” investigative techniques, to include the “increased use of wiretaps and bugs, authorizing the interception of telegraph and other communications transmitted internationally, and lowering the minimum age of informers to eighteen”
A string of hearings began in the U.S. Senate’s Judiciary Subcommittee on Constitutional Rights that examined federal data banks and the Bill of Rights. Described as a “pivotal point” in domestic intelligence gathering operations, the subcommittee reflected “the growing concern among Americans for the protection of the privacy of the individual against the information power of government”
Despite the prohibition in
The mission of Operation CHAOS in 1967 was to “gather and evaluate all available information about foreign links to racial, antiwar, and other protest activity” in the
In 1967, it was revealed in Ramparts magazine that
The Church Committee
On the heels of Watergate, in 1974, The New York Times accused
The Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities (known as the Church Committee after its chair, Frank Church) issued 14 reports that revealed “widespread abuses of power” not just in
The Church Committee documented, “FBI’s extensive use of illegal investigative techniques and the questionable authority under which many FBI programs operated. They discovered that the presidents and their Attorneys General in some cases had no knowledge of the scope and purpose of highly questionable FBI activities and in others sought to avoid meeting their oversight responsibilities. They also discovered that FBI investigations were not confined to criminals or suspected spies but also targeted individuals and organizations engaged in legitimate political activities.”
Facts uncovered by Church Committee findings severely weakened the trust of Americans in FBI.
In February 1976, the U.S. General Accounting Office (GAO) released a report on the efficiency and effectiveness of the FBI that charged “86 percent of 300 ‘soft cases’ that it had reviewed (cases based on ‘soft’ evidence, such as the way a person looked), no connection at all was made with extremist groups, yet the data collected were not only retained but passed on to third parties. By middle of the 1970s, the FBI ‘was a demoralized agency that had lost the confidence of the American people.’”
In 1978, President Carter signed an Executive Order that prevented FBI from “engaging in the prevention of subversion.” Also in 1978, Congress passed the Foreign Intelligence Surveillance Act (FISA). FISA established a special court to review government requests for electronic surveillance of
9/11
With 9/11, the mantra of the Bush Administration became one of, “to defend
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The act makes further amendments to FISA by granting immunity to telecommunication companies that cooperate with federal law enforcement agencies by providing personal records of suspected individuals, and it allows the government to conduct warrantless surveillance for up to a week instead of the previously allowed 48 hours.”
Two options were examined for the creation of a
RAND
The five primary requirements for a
CIA
FBI was described as the “primary locus” - or center of activity or power - for a
A second organizational suggestion was to place
CIA
CIA
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Further,
The Department of Homeland Security (DHS), whose core mission is to prevent terrorism on U.S. soil, was considered as a third option for a
Further, a
As a “less entrenched organization,” DHS may be “more adaptable and more resilient in the face of emerging threats than the somewhat rigid post-World War II creations of the FBI and
In an argument against a
Privacy & Civil Liberty
Domestic intelligence collection means more information collected on individuals of interest and individuals “who are not yet of interest but who might be labeled as such if more were known about them,” warned
The balance between security and privacy may be measured by the “number of terrorists identified versus the number of innocent people whose personal details are viewed” by government agents.
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If a stand-alone
Security v. Privacy Dilemma
RAND
Gauging Privacy
Determining exactly how to define privacy presented “one big problem,” and
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First Amendment Rights are Rights “to do” and the Right to privacy is the Right to “keep others from doing (i.e., collecting information on someone).” Emphasis original.
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What the government has the right to know and what it does not have the right to know should be based upon the reasonable expectation of privacy, where “reasonable hearkens to the Fourth Amendment’s reference to unreasonable search and seizures.” Emphasis original.
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That test has practical value,
The trade-off of privacy for the sake of security has three distinct levels of privacy violation: personal data gathered by computer that is never seen by human analysts has the lowest degree of violation; personal data seen by people but not used in decision making brings a medium level of privacy violation; and personal information used in making decisions about people was described as “particularly problematic” because people “have little opportunity to challenge the data.”
Based on that analysis,
U.S. Policy-makers were warned that “history and public opinion clearly demonstrate intense sensitivities” among The People when it came to spying on The People by the government.