Friday, May 17, 2024

Legal and Moral Authorization to Conduct the Gulf War

Introduction: Historical and Operational

On 2 August 1990, the Iraq military, under command of Saddam Hussein, invaded Kuwait. The invasion not only left Iraq in possession of Kuwait’s people, land, and mineral resources, it also left Iraq in a position to attack Saudi Arabia, which Saddam had threatened to do. This led to the Gulf War of 1990-1991 in which the United States and her allies fought to restore Kuwait’s independence and to protect Saudi Arabia’s territory.[1] [2]

There were two phases to the Gulf War: Operation Desert Shield and Operation Desert Storm. Of the two, Desert Shield is most relevant here.

Operation Desert Shield was primarily an operational stage in that military resources were positioned and coordinated so that they could be used to accomplish specific political goals. The idea is, to quote Clausewitz, “that war is not merely an act of policy but a true political instrument, a continuation of political intercourse, carried on with other means.” In the Gulf War, the political objectives were to liberate Kuwait and to protect the sovereignty of Saudi Arabia[3].

USMC patrol near a burning well close to Kuwait City on March 7, 1991. (AP)

Legal Authorizations of the Gulf War[4]

Immediately following the invasion, President George H. W. Bush issued executive orders[5] banning trade and financial transactions with Iraq as well as implementing a travel ban. He further ordered that Iraqi assets within the US be frozen. Two days later, the House and Senate separately passed legislation supporting those executive orders, but neither of these were signed into law.

These executive orders were mirrored by the UN Security Council when it passed Resolution 661 on 6 August 1990 which imposed numerous economic sanctions on Iraq. These sanctions included bans on trade and financial transactions, except for medicines and food; a freezing of Iraqi government assets abroad; embargos on oil and arms; and so on. Approximately one hundred and ten countries took part in the embargo.

Bush began building an international coalition to isolate Iraq both militarily and diplomatically. The coalition was (at the time) unique in that it had a single purpose and was not meant to be long-term. Bush and his ambassadors were even able to alienate Iraq from members of the Arab League. Israel was kept neutral to avoid destabilizing the coalition, even though Iraq launched Scud missiles targeting Israel during the last month of Desert Shield.

Meanwhile, coalition military assets were being positioned in the region in readiness for Desert Storm.

On 29 November 1990, the UN Security Council adopted Resolution 678, which authorized coalition members to use all necessary means to secure peace, giving Iraq a deadline of 15 January 1991 to withdraw from Kuwait.

On 14 January, the day before the UN deadline, the 102nd Congress passed H.J.Res.77, the Authorization for Use of Military Force Against Iraq Resolution, which was the closest Congress came to an actual declaration of war. George H. W. Bush signed it into law (Public Law No: 102-1), and in his signing statement, Bush announced that

…[M]y request for congressional support did not, and my signing this resolution does not, constitute any change in the long-standing positions of the executive branch on either the President's constitutional authority to use the Armed Forces to defend vital U.S. interests or the constitutionality of the War Powers Resolution.[6]

Saddam Hussein ignored the UN deadline for withdrawal, and Operation Desert Storm began on 17 January 1991.

Just War Theory and the Gulf War

Just War Theory (JWT) is a tradition of military ethics that uses criteria to ensure that a war is ethically justifiable. Western JWT began with Saint Augustine and was refined and extended by Saint Thomas Aquinas. The tradition continues through the 1992 Catechism of the Catholic Church. Contemporary JWT, as espoused by Michael Walzer[7], for example, is secular but maintains several Christian attributes, notably an altruistic ethical foundation.

In either the Christian or secular forms, JWT has two primary components: criteria for when to justly begin a war (jus ad bellum) and criteria for just conduct during war (jus in bello)[8]. Of the two components, jus ad bellum would be most relevant here.

To justly enter a state of war, the war must satisfy all of the following criteria: war must be publicly declared by the appropriate authority; it must be for just cause and just intentions; it must be a last resort; the means used must be proportional to the provocation; and there must be a reasonable chance of success.

As the sole power to declare war is granted to Congress by the Constitution, the Gulf War does not satisfy the jus ad bellum criterion that a just war must be publicly declared by the proper authority.

The “just cause” and “just intentions” criteria are highly subjective, but these are usually taken to mean that the goal of a war is to redress harms, address human rights violations, and reestablish a just peace. The Gulf War could pass those criteria.

The “option of last resort” criteria was also met, since both the US and UN imposed economic sanctions on Iraq immediately following their invasion of Kuwait, and the UN gave an explicit deadline for Iraq to withdraw along with a clear statement of what would happen if they didn’t. Between the first imposition of sanctions by the US and the UN’s deadline for withdrawal, 166 days elapsed, which was more than sufficient time for economic sanctions to hit home. Diplomacy failed; economic sanctions failed; war thus became the last resort.

The “reasonable chance of success” criteria was also satisfied: between the far larger American military and the operational and logistical preparations made before Desert Storm began, success was highly likely.

Finally, the “proportional response” criterion is met, presumably: the coalition forces were used against Iraq’s to evict them from Kuwait and to prevent excursions into Saudi Arabia all while leaving Iraq able to defend itself from Iran. Others would point to the large number of casualties together with harms caused by the economic sanctions as proof that the response was not proportional.

JWT requires all these jus ad bellum criteria to be met for a nation to justly enter a state of war. There never was a declaration by the appropriate authority[9]; whether the proportional response criterion was satisfied is debatable; and the just cause and good intentions are extremely subjective. The Gulf War violated the proper declaration condition, so it cannot be considered a just war.

It must be noted that (besides pacifism) there is at least one other ethical theory of war, which is usually called “realist.” This theory holds that a war must be declared and executed only in a nation’s best interest. The goal of JWT is to minimize the brutality or war; a side effect of the realist position is to shorten the duration and frequency of wars. Unfortunately, realist war theories are presented only as a straw man[10], and the theory currently lacks a holistic exposition.

Conclusion

In the case of the Gulf War, the legal and the moral justifications were at odds: the war was certainly sanctioned by the United Nations and (while stopping short of a full declaration of war) it was approved by Congress; according to Just War Theory (either biblical or secular), it was an unjust war.

There is an additional justification that must be considered: popular support. This must be considered under Clausewitz’s people-military-government trinity, and it explains the incessant and fawning media coverage the Gulf War received, making it into what was sometimes called the “video game war.”

In reviewing the buildup to the war, one must wonder why George H. W. Bush went through the media and the UN as opposed to petitioning Congress[11]. The answer lies in his signing statement for the Authorization for Use of Military Force Against Iraq Resolution – he explicitly doubted the constitutionality of the War Powers Resolution. Instead of addressing that directly or addressing the problems the WPR was meant to correct, he ignored it. This is something all subsequent presidents would do.


Footnotes

[1] Westermeyer, Liberating Kuwait.

[2] Stewart, War in the Persian Gulf.

[3] Snow, D. & Drew, D. From Lexington to Baghdad and Beyond.

[4] The chronology of events in this section follows Englehardt, “Desert Shield and Desert Storm”

[5] EO 12722 and 12723.

[6] Bush, Bush, Statement on Signing the Resolution Authorizing the Use of Military Force Against Iraq.

[7] Walzer, Just and Unjust Wars.

[8] A third component (jus post bellum) that addresses justice following the conclusion of a war, was added relatively late in the Just War Tradition.

[9] This is disputed in O’Brien, “Desert Storm: A Just War Analysis.”

[10] Frowe, The Ethics of War and Peace.

[11] Burgin, “Rethinking the Role of the War Powers Resolution.”


Bibliography

Authorization for Use of Military Force Against Iraq Resolution of 1991, Public Law No: 102-1, Retrieved 16 May 2024 from https://www.congress.gov/bill/102nd-congress/house-joint-resolution/77/text

Burgin, E. “Rethinking the Role of the War Powers Resolution: Congress and the Persian Gulf War.” Notre Dame Journal of Legislation 21 (no. 23) (1995). Retrieved 15 May 2024 from https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=1232&context=jleg

Bush, G. H. W. Statement on Signing the Resolution Authorizing the Use of Military Force Against Iraq. Public Papers of the Presidents of the United States: George H. W. Bush (1991, Book I), 14 January 1991. Retrieved 16 May 2024 from https://www.govinfo.gov/content/pkg/PPP-1991-book1/html/PPP-1991-book1-doc-pg40.htm

Englehardt, J. P. “Desert Shield and Desert Storm: A Chronology and Troop List for the 1990-1991 Persian Gulf Crisis.” Strategic Studies Institute, U.S. Army War College, 25 March 1991. Retrieved 13 May 2024 from https://apps.dtic.mil/sti/pdfs/ADA234743.pdf

Frowe, H. The Ethics of War and Peace. Routledge, 2022.

O’Brien, W. “Desert Storm: A Just War Analysis.” St. John’s Law Review 66 (no. 3), Fall 1992. Retrieved 16 May 2024 from https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=1794&context=lawreview

Snow, D. & Drew, D. From Lexington to Baghdad and Beyond: War and Politics in the American Experience. Routledge, 2009.

Stewart, R. War in the Persian Gulf: Operations Desert Shield and Desert Storm August 1990 – March 1991. Center of Military History, May 2010. Last retrieved 12 May 2024 from https://history.army.mil/html/books/070/70-117-1/CMH_70-117-1.pdf

Walzer, M. Just and Unjust Wars. Basic Books 2015.

Westermeyer, P. Liberating Kuwait: U.S. Marines in the Gulf War, 1990–1991. History Division USMC, 2014. Retrieved 13 May 2024 from https://www.usmcu.edu/Portals/218/Liberating%20Kuwait.pdf

Transport-Related Spread of Christianity

We usually think of transportation systems as carrying people and freight. Transport systems can carry other things such as viral pathogens as well as ideas. A prime example of an idea that is distributed by transportation networks is Christianity.

I. Roman Roads

The Roman roads should be considered one of the engineering marvels of the ancient world. The road system spanned over 250,000 miles, of which 50,000 miles were stone paved (Crawford, 14 March 2023). It spanned Europe as far north as Britain, from Portugal in the west to the Euphrates River in the east. It also extended across the Mediterranean coast of Africa and ran from Alexandria along the Nile River to the Red Sea. Tunnels and bridges were also built, and road signs were used to provide directions.

Since the Roman Road network included branches into Jerusalem and Galilee (Roll, 1983), these roads must have been used by Christians not only to escape persecution but also to spread the Gospel. Paul the Apostle apparently made use of those roads as shown by modern reconstructions (Knecht, 2014) of his three missionary journeys.

II. Ocean Routes

Christianity came to America via another transportation system: ocean routes. Traveling on the Mayflower, Pilgrims arrived in New England in 1620 to practice their faith away from the Church of England. Ten years later, the Winthrop Fleet of 11 ships arrived in Massachusetts carrying anywhere from 700 to 1000 Puritans, including future governors of Rhode Island Colony and the Province of New Hampshire.

The Religious Society of Friends (Quakers) would leave England and settle in New Jersey, Delaware, and of course Pennsylvania in the 1670s - 1680s. Catholicism came to Florida from the Spanish, and to the Gulf Coast through the French. In addition, the Russian Orthodox Church established missions and churches in Alaska starting in 1794.

Once these colonies and missions were established following long sea voyages, transmission of Christianity into the interior continued via overland transportation methods. This continues to the present day: truck stops along all major US highways sometimes have trailers providing places of worship for over the road drivers and other travelers. (Pierce, 26 August 2020).

OTR Truck from Schneider Website

III. Modern Communication Networks

Communication networks are also transportation systems. Instead of thinking of transportation systems as roads, shipping routes or air traffic routes, the Internet itself is a communication network that not only connects most of the world (Long, May 2023), but it is also connected to other networks such as the phone systems.

Christianity has spread on the internet through blogs and online videos. Further, social media has allowed the formation of virtual communities that allow discussion of theological issues by geographically dispersed individuals as well as evaluation of current and historical events from a Biblical worldview.

Conclusion

As seen from these examples, the spread of Christianity was thus multimodal: it started by first using Roman roads, switching to ocean routes, continuing overland through road networks on other continents, and now transmitted using communication networks such as the Internet.

References

Crawford, M. (14 March 2023). “5 Engineering feats from the Roman Empire”. American Society of Mechanical Engineers. Retrieved 15 May 2024 from https://www.asme.org/topics-resources/content/5-engineering-feats-from-the-roman-empire

Knecht, F. J. (2014). A Practical Commentary on Holy Scripture. Aeterna Press (Original work published 1923).

Long, M. L. (May 2023). “Information warfare in the depths: An analysis of global undersea cable networks”. U.S. Naval Institute Proceedings, 149(5). Retrieved 16 May 2024 from https://www.usni.org/magazines/proceedings/2023/may/information-warfare-depths-analysis-global-undersea-cable-networks

Pierce, S. (26 August 2020). "Outreach over the road: Truckstop Ministries has been serving truckers for nearly 40 years." The Trucker. Retrieved 16 May 2024 from https://www.thetrucker.com/trucking-news/trucking-life/outreach-over-the-road-truckstop-ministries-has-been-serving-truckers-for-nearly-40-years

Roll, I. (1983). “The Roman Road System in Judaea.” The Jerusalem Cathedra. Retrieved 16 May 2024 from https://milestones.kinneret.ac.il/wp-content/uploads/2018/02/the_roman_road_system_in_judea2.pdf

Saturday, May 11, 2024

Unrestricted Warfare: A Near-Peer Approach to Modern Conflict

Introduction

The Gulf War has spurred our near-peers China and Russia to consider radically different concepts of warfare, warfare that fits into the broad model specified by Sun Tzu but bearing little resemblance to contests of military force. This paper examines the new model of warfare coming from our nearest of peers, China. This new model is called unrestricted warfare, which is also the name of the text in which this this model is formulated.

The origin of unrestricted warfare is described in this paper, and the tactics it employs are examined along with the concepts upon which they rest. The Chinese authors of Unrestricted Warfare have been either denounced as “pseudo profound” or hailed as the best thing since Clausewitz, and this spectrum of responses by members of the US military will be surveyed. Finally, a general approach to counter unrestricted warfare tactics is outlined.

Genesis of Unrestricted Warfare

The Chinese colonels Qiao Liang and Wang Xiangsui developed and wrote Unrestricted Warfare in response to lessons learned from America’s victory in the Gulf War. The saw us as immensely capable of conventional warfare that features the combined use of land and air forces. They understood how mastery of this type of warfare required a dependence – maybe an overdependence – on technology. They conjectured that this dependence on technology combined with our spectacular success in the Gulf War would lead us to think that this was the only way to fight wars and would blind us to other forms of warfare.

They took away other lessons, too: that Americans have become extremely averse to casualties. They saw the advantages to hastily arranged alliances of convenience over long-term alliances such as NATO and the Warsaw Pact, and how those alliances could be rapidly solidified by the UN. They saw the importance of media coverage in shaping public opinion of the war – and that the concept of “media objectivity” gave it more gravitas than official propaganda.

Finally, they realized that when confronted with the type of military force displayed in the Gulf War, that China could never ever win.

Qiao and Wang did what any smart individuals would do: they changed the battlefield. Thus, unrestricted warfare was born.

Redefining Fundamental Concepts

One of the most interesting things done in Unrestricted Warfare1 (hereafter abbreviated as UW) is to redefine fundamental concepts.

The word “victory” used to mean that an enemy is forced to accept one’s will. Qiao and Wang redefined it to mean that an enemy is forced to serve one’s own interest. “The best way to achieve victory is to control, not to kill,”2 they wrote.

A battlefield used to be a region of land or the surface of a body of water. Current battlefields can also be air, space, underwater, psychological, cyberspace, and anywhere reachable by long-range missiles. “Where is the battlefield?” the Chinese colonels asked. “Everywhere,” they answered.

The traditional warfighter working for a traditional (Westphalian) state can now include hackers working for non-state actor.

The dictum that "war is a continuation of politics" or "war is politics with bloodshed", has been extended by the US military to include information warfare, precision warfare, joint operations, and military operations other than war (MOOTW). The Chinese colonels now include “non-military war operations.”

What is a target? Just War Theory distinguishes between combatant and noncombatant and requires that only combatants should be targeted. In unrestricted warfare, the distinction between combatant and noncombatant is dissolved3.

Qiao and Wang give us a new concept of weapon. Instead of a tool to kill or destroy, they note that:

Everything that can benefit mankind can also harm him4. This is to say that there is nothing in the world today that cannot become a weapon, and this requires that our understanding of weapons must have an awareness that breaks through all boundaries.
The goal of these “new weapons” is to paralyze and undermine, not to cause casualties. The bloodless wars that result are essentially stealth wars5.

How do new weapons relate to their targets? Qiao and Wang write that "new weapons… are closely linked to the lives of the common people," and go on to state that

The new concept of weapons will cause ordinary people and military men alike to be greatly astonished at the fact that commonplace things that are close to them can also become weapons with which to engage in war. We believe that some morning people will awake to discover with surprise that quite a few gentle and kind things have begun to have offensive and lethal characteristics.

As the Chinese colonels write: “the war god’s face has become indistinct.”6

The “New Weapons”

What are these new weapons? They are essentially economic means of control. UW contains the following list of these new weapons for non-military war operations:

  • Financial
  • Ecological
  • Psychological
  • Smuggling
  • Media warfare
  • Drug warfare
  • Network warfare
  • Technological warfare
  • Fabrication
  • Resources
  • Economic aid warfare
  • Cultural warfare
  • International lawfare
To demonstrate their operation, several of these weapons will be examined in detail.

Financial Warfare

Financial warfare is the easiest to understand. There is no single tactic, but the idea is to solidify economic ties with the Chinese Communist Party (CCP) to the point where exit becomes impossible. For example, China could nationalize foreign assets and return them only should their owner perform certain actions. Requiring that transactions between Chinese and foreign companies take place using Chinese yuan renminbi freezes the foreign company into a relationship with the Chinese one, since China’s yuan is a non-convertible currency.

Media Warfare

A very blatant example of media warfare is the way Hollywood kowtows to China. Consider how the plots or characters of Hollywood films are altered to present China in a positive light, or at least in a non-threatening manner7. An example of this is with the movie called “Red Dawn”. In the 1984 version, the US is invaded by the Soviets. The original script to the 2012 remake involved the Chinese invading the US. In the final release of “Red Dawn”, it was the North Koreans who did the invading.

The 2018 film “Bohemian Rhapsody” told the story of Freddie Mercury and the band he fronted, Queen. All mention that Mercury was gay was removed for the version of the film released in China. The net effect of erasing this aspect of Mercury was to shift focus to the band.

Three movies, “Barbie” (2023), “Uncharted” (2022), and “Abominable” (2019), all included brief scenes showing a map of the South China Sea depicting the “nine-dash line,” a maritime border which China uses to indicate its claims over that area8. “Abominable” was a co-production between DreamWorks and the Chinese production firm Pearl Studio. The Chinese connections with the other movies are not clear.

There are product placements: in “Transformers: Age of Extinction” (2024), one character (while in Texas) withdraws cash from a Chinese ATM, while another character purchases Chinese protein drink (in Chicago).

Even movie posters have been altered to appease to China. For example, the movie poster for “Star Wars: The Force Awakens” was altered to minimize photo of the main Black character in the film.

The Chinese market for movies is an even larger market than all of North America9. That in part explains the appeasement coming from Hollywood.

Drug Warfare

Of the methods of unrestricted warfare examined here, drug warfare is the easiest to quantify. China is the source of multiple illicit drugs commonly used in the United States including xylazine (“tranq”), methamphetamine, and of course fentanyl. This latter has been a scourge on America, with the number of fentanyl-related overdoses rising at a staggering rate over the past decade.

There have been attempts to force China to stop the export of fentanyl, but they have come to naught. For example, in retaliation for Nancy Pelosi’s visit to Taiwan in August 2022, Beijing suspended collaboration with the United States to halt the manufacture and export of fentanyl precursor chemicals either directly to the United States or to Mexico cartels which then traffics the drug into America.

Economic Aid Warfare

The best example of economic aid warfare is the Belt and Road Initiative (BRI) which is a massive infrastructure investment program to create networks of highways, railways, and pipelines through former Soviet-bloc countries as well as throughout south and southeast Asia. Announced in 2013, the program has since expanded into Africa and parts of South America. The infrastructure programs are funded by loans from China. The debt financing contracts frequently prevent restructuring, and China retains the right to recall the loans at any time. These give China the power to enforce their interests using financial controls10.

The BRI is not simply a physical infrastructure program – it also involves the creation of streamlined border crossings as well as special economic zones that encourages industrialization and the adoption of Chinese technology. This network expands the use of Chinese currency and thus the political influence of China.

As of 2023, 147 countries have either began work on BRI projects or have shown interest in doing so. This accounts for 40% of global GDP and two-thirds of the world’s population.

When economic factors force a country to default on BRI loans, the county results to sovereign default, which happened in Ghana and Zambia. When Pakistan defaulted, they were bailed out by the International Monetary Fund. When Sri Lanka defaulted on a $435 million BRI loan to build a harbor there, China enforced a debt-for-equity swap giving China 70% stake in the harbor.

For countries that do not default on BRI loans, they become vassal states to China.

New Weapon Commonalities and a Comparison to Liminal Warfare

These examples of unrestricted warfare tactics – financial warfare, media warfare, drug warfare, and economic aid warfare – show a variety of methods of operation, a range of precision, and a common goal.

The mechanisms of financial warfare are obvious: China essentially “locks in” a business owner by nationalizing assets or conducting transactions in non-convertible Chinese currency. This gives the CCP leverage over the business owner, forcing him to work to China’s advantage.

Media warfare works by the using the profit motive of Hollywood executives to produce movies that serve as propaganda in the east Asian markets and to soften and elevate the image of China in Western markets. Should a Hollywood executive not alter one of his films for Chinese consumption, the film is banned by Chinese sensors, and its earnings are greatly decreased. Here, the object of control is not America itself but rather one of its industries.

With drug warfare, China permits the manufacture of fentanyl and fentanyl precursors which, when imported to America, directly harms Americans. China is perhaps the most pernicious surveillance state ever to exist, and their protestations that they cannot limit its manufacture and export are simply that: protestations. China never intends to control fentanyl export, but they use promises to do so to either influence American politicians to operate in their favor, or punish politicians when they don’t, as illustrated by China’s reaction to Pelosi’s visit to Taiwan. Given that China has no intention of limiting fentanyl export, their reaction was as staged and hollow as their promises.

Of all the weapons listed in UW, the Belt and Road Initiative is closest to the tributary system practiced by China during certain parts of its dynastic period: both involved turning other nations into vassal states. Enforcement of the tribute was by stick: the threat of invasion. With BRI both the carrot and stick are used: the carrot is in the form of loans, and the stick is economic ruin in response to either defaulting on the loans or taking some action contrary to the CCP. The BRI is the weapon that least directly harms the United States, but it does certainly decrease Western influence on the global stage.

These new weapons and indeed all the weapons listed in UW have several things in common: first is that China gains leverage over the economy, politicians, or businesses of a target country and uses that leverage to its own advantage. Second, they operate at a level below which military reprisal would be seen as just. Third, the weapons operate along a continuum – the “pressure” can be turned up or down depending on the victim’s level of compliance. Fourth, the weapons do not operate in covert or clandestine manner, to a certain extent.

This last commonality is a way unrestricted warfare differs from the liminal warfare practiced by Russia11. Liminal warfare depends on secrecy to operate, and a particular liminal operation comes to an end once its existence and perpetrator become known. Unrestricted warfare is carried out in public, but if the extent of, say, the BRI should become known all at once, the pattern would be clear, and resistance would be universal. Thus, unlimited warfare is subject to thresholds (one being the threshold for which a military response is acceptable, the other threshold being the discovery of the entirety of the operation), and maneuver between the thresholds is necessary for success12, just like with liminal warfare13.

Analysis of Unrestricted Warfare by the U.S. Military

Before reviewing some of the evaluations of UW made by members of the U.S. military, it must be asked: how does China itself evaluate unrestricted warfare? As seen from the above examples, China is using the new weapons listed in UW, but that isn’t necessarily the same as taking UW as a far-reaching military policy. The best proof that they are considering UW seriously are the careers of the two authors following the text’s publication.

At time of publication, Qiao Liang was a colonel in the People’s Liberation Army Air Force. He retired with the rank of major general and is now secretary general of the Council for National Security Policy Studies. His co-author Wang Xiangsui was a colonel in the PLA when UW was released. He had since retired with the rank of senior colonel and is currently the director of the Center for Strategic Issues.

Qiao and Wang have both advanced in rank since the publication of UW and now hold leading positions at security institutions in China. It appears that they are indeed taken seriously by the CCP.

Wang Xiangsui and Qiao Liang

The response to UW by either current or former members of the U.S. military has been mixed. At the one extreme is Major John A. van Messel, who in his 2005 master’s thesis14 for the Marine Corps University, concludes that “Unrestricted Warfare, as it is currently written, is less of an executable doctrine than a collection of tactics, techniques, and procedures for future war adversaries.” His appraisal is that “Unrestricted Warfare is neither a revolution in military thought nor an executable doctrine for future warfare…”

To justify these conclusions, van Messel notes that most if not all theoretical concepts in UW, from the idea that new weapon systems can alter the form of war to the idea of non-military weapons, have been in circulation prior to the publication of UW. He also notes that the Chinese colonels’ analysis of the Gulf War was taken from various DoD documents.

Van Messel then conducts thought experiments, simulating the success a large nation (China), a small nation (Taiwan), and a non-state actor (Abu Sayyaf) would have in using the particular “new weapons” of unrestricted warfare against an adversary. He concludes that only a large nation such as China would have the ability to use all the “new weapons.” He adds, correctly, that unrestricted warfare does not explain how a nation would organize, train, and equip the necessary elements of national power to implement these “new weapons.”

He concludes that China would have the most success in applying the “new weapons,” but the operationalization of these weapons would be negatively “impacted by adhering to rules of law and the effects of globalization.”

Van Messel’s position can thus be summarized as “nothing to see here.” At the other extreme is retired Air Force Brigadier General Robert Spalding, who explains in his 2022 book titled War Without Rules15 that the weapons described in UW pose a major threat to the United States.

Spalding does not examine the originality of the theoretical framework presented in UW, but he does take note of it.

Spalding’s position on operationalizing the “new weapons” is directly opposite from van Messel’s: the new weapons depend on globalization, and that China does not adhere to international rule of law. Spalding justifies these conclusions by describing how recent Chinese foreign relations and economic policies demonstrate the “new weapons” in use, including the Belt and Road Initiative.

Spalding concludes by listing very concrete steps we can take to limit the harm the new weapons can have on the United States and the world. These steps include increasing the cybersecurity of critical infrastructure, strengthening our currency, and monitoring the security implications of Chinese land and business purchases.

Other authors mix the extremes represented by van Messel and Spalding. Take, for example, Dave Maxwell, a retired Special Forces Colonel, Editor-in-Chief of Small Wars Journal, and Vice President of the Center for Asia Pacific Strategy. The position he put forward in a 2023 paper16 is that discussions of the underpinning theoretical concepts of UW are a distraction from addressing the actions of the People’s Liberation Army.

The sinologist and Executive Assistant at the National Defense University Josh Baughman completely dismisses UW, stating that it is not China’s “Master Plan.” After doing a chapter-by-chapter study of UW, he concludes17 that it is “pseudo profound.” His opinion is based on a chapter of UW that attempts to apply Chinese numerology to warfare, and that one chapter poisons the rest of the book.

An Alternative Analysis

The problem with the analyses described above is that they all miss the most important part of UW: its reinterpretation of fundamental concepts like “victory”, “weapon”, “target”, and so on. These redefinitions explain the choices of “new weapons” presented in the text.

More importantly, the new definitions of fundamental concepts allow us to predict future weapons - future means of control - not mentioned in UW. Examples of the weapons missed by Qiao and Wang include control of medicine, the Chinese purchase of American land and businesses, and mass migration.

By focusing on fundamental concepts, we can defend against a wider class of weapons. The key to doing so lies in Qiao and Wang’s statement “everything that can benefit mankind can also harm him.” The accurate rephrasing should be: “everything that can benefit mankind and that we control can also harm him.” This makes clear the two conditions that make unrestricted warfare effective: globalization, and the omnipotent CCP - unrestricted warfare requires “everything within the state, nothing outside the state, nothing against the state.”

These observations point to a fundamental way to stop unrestricted warfare: rigorously enforce private property rights, especially in financial transactions. This, combined with strong currency and rational fiscal policies, would go a long way to block new weapons, both those mentioned in UW as well as those yet to be invented.

Conclusions

In summary, UW is quite important both in that it describes the economic and foreign policy decisions currently being made by China, and that it provides a conceptual framework explaining why those decisions are being made.

By understanding this conceptual framework, strategies and tactics to counter unrestricted warfare become apparent. Spalding’s recommendations block the effects of unrestricted warfare only in a piecemeal fashion, but shoring-up property rights counters China’s influence on America in one swoop. Considering the extent that politicians and corporations benefit from cooperating with China18, though, one must wonder if they are willing to take these steps and counter China’s “new weapons.”

Footnotes

  1. Qiao & Liang, Unrestricted Warfare.
  2. Ibid, as are all quotes in this section, unless specified otherwise.
  3. This is similar to a "Realist War Theory": instead of combatants/noncombatants, RWT has combatants/enablers or combatants/supporters.
  4. Emphasis added.
  5. Kerry Gershaneck, “To Win Without Fighting”.
  6. Qiao Liang also happens to be a fiction writer, and this may explain odd phrasings like this that occur at numerous places in UW.
  7. Morgan Martin and Clinton Williamson, “Mapping Chinese Influence in Hollywood”
  8. Chad Guzman, “Barbie is Just the Latest Hollywood Film to Get Caught in the Crossfire of Asian Geopolitics.”
  9. Terry Gross, “Hollywood relies on China to stay afloat. What does that mean for movies?”
  10. Qiao, “One Belt, One Road."
  11. David Kilcullen, The Dragons and the Snakes.
  12. Octavian Manea, “Liminal and Conceptual Development: Warfare in the Age of Dragons.”
  13. A similar point is made by McFarlane and Paterson in ”Is America Ready for Chinese-Russian Liminal Warfare?”
  14. John van Messel, “Unrestricted Warfare: A Chinese doctrine for future warfare?”
  15. Spalding, War Without Rules.
  16. David Maxwell, “The First Rule of Fight Club and Irregular Warfare Should be the Same.”
  17. Josh Baughman, “’Unrestricted Warfare’ is Not China’s Master Plan.”
  18. Robert Spalding. Stealth War: How China Took Over While America’s Elite Slept.

Bibliography

Baughman, J. “’Unrestricted Warfare’ is Not China’s Master Plan.” China Aerospace Studies Institute, 25 April 2022. Retrieved 8 May 2024 from https://www.airuniversity.af.edu/Portals/10/CASI/documents/Research/CASI%20Articles/2022-04-25%20Unrestricted%20Warfare%20is%20not%20China's%20master%20plan.pdf

Gershaneck, K. “To Win Without Fighting”. Expeditions with MCUP. Marine Corps University, 2020. https://doi.org/10.36304/ExpwMCUP.2020.04

Gross, T. “Hollywood relies on China to stay afloat. What does that mean for movies?” NPR Fresh Air, 21 February 2022. Retrieved 7 May 2024 from https://www.npr.org/2022/02/21/1081435029/china-hollywood-movies-censorship-erich-schwartzel

Guzman, C. “Barbie is Just the Latest Hollywood Film to Get Caught in the Crossfire of Asian Geopolitics.” Time, 4 July 2023. Retrieved 7 May 2024 from https://time.com/6292066/barbie-ban-nine-dash-line-china/

Kilcullen, D. The Dragons and the Snakes: How the Rest Learned to Fight the West. Oxford University Press, 2020.

Manea, O. “Liminal and Conceptual Development: Warfare in the Age of Dragons.” Small Wars Journal, 26 May 2020. Retrieved 8 May 2024 from https://smallwarsjournal.com/jrnl/art/liminal-and-conceptual-envelopment-warfare-age-dragons

Martin, M. & Williamson, C. “Mapping Chinese Influence in Hollywood” Kennedy Papers on Indo-Pacific Security Studies 4, January 2023. Retrieved 7 May 2024 from https://www.airuniversity.af.edu/Portals/10/AUPress/Papers/KP_04_Martin_Mapping_Chinese_Influence_in_Hollywood.pdf

McFarlane, R. & Paterson, A. “Is America Ready for Chinese-Russian Liminal Warfare?” The National Interest, 7 May 2022. Last retrieved 9 May 2024 from https://nationalinterest.org/feature/america-ready-chinese-russian-liminal-warfare-202205

Maxwell, D. “The First Rule of Fight Club and Irregular Warfare Should be the Same.” Small Wars Journal, 22 January 2023. Retrieved 8 May 2024 from https://smallwarsjournal.com/jrnl/art/first-rule-fight-club-and-irregular-warfare-should-be-same

Qiao L. "One Belt, One Road." LimesOnline.com, 17 July 2015. Last retrieved 10 May 2024 from https://www.limesonline.com/en/regions/one-belt-one-road-14720766/

Qiao & Liang. Unrestricted Warfare. Shadow Lawn Press, 1999.

Spalding, R. Stealth War: How China Took Over While America’s Elite Slept. Penguin Publishing Group, 2019.

Spalding, R. War Without Rules: China's Playbook for Global Domination. Sentinel Press, 2022.

Van Messel, J. “Unrestricted Warfare: A Chinese doctrine for future warfare?”, School of Advanced Warfighting, Marine Corps University, 2005. Retrieved 6 May 2024 from https://apps.dtic.mil/sti/pdfs/ADA509132.pdf

Best Practices in Military Intelligence

The sheer number of threats against America requires that we think strategically about military intelligence as applied to those threats. The target (or subject) of intelligence activities includes not only existing threats to our national interest but also emerging and evolving threats, both by state- and non-state-actors. We must collect, organize, and categorize information about these actors, then communicate that information to the right people at the right time in order to strategically approach the desired end state of a secure America.

Several guidelines for achieving the above are given in the video "Applying the Strategic Approach to Military Intelligence," which, unfortunately, is not publicly available. Some of these guiding principles include:

  1. Military intelligence must be mission driven. We must understand our objectives - our mission - and be able to convert those objectives into concrete actions at the operational level. Another way of formulating this is that we must be cognizant of our objectives, of our role in the F3EAD and other cycles, and act accordingly. All actions must be measured by the extent that they further our mission.
  2. Because of the importance of the mission, and the severity of the consequences should we fail, we must become subject matter experts to the point of dominating the intelligence battle space.
  3. The best way to accomplish this is to employ individuals who are proactive, who are facilitators and can network, who understand the function of intelligence, and most importantly are of high moral character. By having such individuals in place, they can overcome any defects in a slightly flawed system.
  4. Team leaders must be able to keep the team on track and must challenge team members to reach and exceed their preconceived abilities as analysts. The leader must also be able to differentiate quality team members from toxic actors (those that are politicized, subversive, etc.) and take corrective action to limit the damage caused by the latter.
  5. The mission and supporting critical activities should be written into a "mission statement" before entering a high-stress environment with rapid operational tempo. This allow teams and their leaders to remain "centered," and continue being proactive.

These principles form the basis of an extremely capable intelligence organization. There is a weakness not addressed in that video, however. Intelligence teams must surely meet all the above-listed principles to be effective in their job of providing superior intelligence to enhance decision making. Possessing all these qualities is called "being on the happy path" in the parlance of information technology.

What happens when we leave the happy path? Meaning, what happens when a team (or whole agency) fails to meet one or more of those criteria? At best it leads to the agency failing in their job of providing timely, relevant, accurate and actionable intelligence; at worst it leads to systematic abuse.

Intelligence agencies used to be reigned-in through several means: congressional oversight, budgetary limitations, and the court system. Each of those has failed: congress no longer provides oversight, as proven by their willingness to extend the warrantless wiretapping provisions of the Patriot Act, as well as the initial ratification of that act itself. Budgetary concerns are no longer the concern of either political party. Further, the decreasing cost of IT resources (storage and processing) makes automated intelligence gathering extremely affordable. Finally, the court system has turned a blind eye to the 4th Amendment and the protections it affords to Americans, and private companies (especially those in the telecom and banking sectors) are more than willing to be accessories and share customer data.

Without some sort of external check on intelligence agencies, we must rely on them to be self-regulating, which means that they are unregulated. It is not clear how to reestablish boundaries on the scope of intelligence agencies other than by addressing the above-mentioned political, fiscal, and legal failures. By not reestablishing these checks, military intelligence agencies will not only experience mission creep but also mission drift, rendering those agencies less able to provide intelligence for our protection as a nation as well as altering the relationship the agencies have with our fellow citizens.

Invasion Phase of the War in Afghanistan: A Jus post Bellum Analysis

Introduction

The War in Afghanistan occurred in two stages: the first was the invasion in 2001, the second was the insurgency phase which lasted from the end of the invasion until American withdrawal in 2021. The difference (besides switching from symmetric to asymmetric warfare) is usually accounted for by a change of enemy: during the invasion-phase the enemy was the Islamic Emirate’s military, and afterwards it was the Taliban.

This paper begins with a review of modern (“maximalist”) jus post bellum theory as exposed by Brian Orend. The theory is then critically examined both independent of the rest of Just War Theory as well as how jus post bellum relates to jus ad bellum and jus in bello. Finally, it is applied to the end of the invasion phase of the War in Afghanistan.

Jus post Bellum, Old and New

Frowe distinguishes1 between a minimalist and maximalist approach to jus post bellum.

The minimalist approach, advocated by the diplomat and legal theorist Hugo Grotius, is designed to rein-in the zeal of the victor. It considers jus post bellum criteria as permissions: what the victors are allowed to do in victory. The minimalist theory allows the victors to take actions that “protect themselves, recover that which was illicitly taken, [and] punish the perpetrators.” Temporary occupation is acceptable, colonization is not. Further, it is unacceptable to force the inhabitants of the defeated nation into slavery.

The maximalist approach imposes obligations on the victors instead of granting them permissions. The concern is not that the victor’s actions must be limited, but rather that the victor will do too little, leaving the defeated nation a failed and dysfunctional state.

Orend’s Jus post Bellum Criteria

Orend claims2 that a just peace must satisfy all of the following criteria:

Rights vindication – “The settlement should secure those basic rights whose violation triggered the justified war. The relevant rights include human rights to life and liberty and community entitlements to territory and sovereignty.”3

Proportionality and publicity – Conditions stipulated by the peace treaty should not be vengeful and should be publicly available.

Discrimination – Isolate civilians from punitive measures.

Punishment of leaders – Leaders of the defeated nation must be punished, as a deterrence to future aggression, to spur atonement, and “failing to punish the aggressor degrades and disrespects the worth, status, and suffering of the victim.”4

Punishment for war crimes – Combatants on all sides must be held accountable for any war crimes.

Compensation – Subject to proportionality and discrimination.

Rehabilitation – Aggressor state may require demilitarization and political rehabilitation (regime change).

Problems with Jus post Bellum Criteria by Itself

The main problem with jus post bellum criteria is that it commits the victor to nation-building. Orend requires that we restore rights, including “community entitlements to territory and sovereignty,” not just individual rights. He goes on to require that the victorious nation must5:

  • “Provide effective military and police security for the whole country.”
  • “Revamp educational curricula to purge past propaganda and cement new values.”
  • “Ensure that the benefits of the new order will be (i) concrete, and (ii) widely – not narrowly – distributed.”

We must provide military defense, police, an educational system, and a distributive economic system for the defeated nation. We’re responsible for their long-term care, well-being, and protection. We’re not just stopping a war; we’re exporting a progressive’s conception of democracy. Orend explicitly acknowledges this, summoning the spirit of Immanuel Kant and stating that for the defeated nation, “the utmost which can be done to it in vindication of international law and order is the establishment of a more peaceable and progressive social order within it.”6

Frowe notes that the maximalist jus post bellum as espoused by Orend is grounded in liberal theory and international law7; she is being literal here, and the foreign policy required by Orend (and Kant) is best described as “liberal imperialism”8 and commits us to being not only the world’s policemen but also the world’s social workers.

Relationship to the Rest of Just War Theory

Other than the Doctrine of Discrimination, discussed in next section, the maximalist approach to jus post bellum interacts with at least two other criteria from Just War Theory: the “reasonable chance of success” criterion from jus ad bellum and the proportionality requirement from jus in bello.

If a likelihood of success is required before entering into war, then the nation building described above must be part of the calculation. Rebuilding a whole nation in the way described by Orend is a truly massive undertaking that is unlikely to succeed, as illustrated by the insurgency stage of the War in Afghanistan. Thus, the probability of success is lowered.

The type and amount of collateral damage inflicted must also be considered, as the victor nation is responsible for rebuilding the infrastructure damaged during the war. Under this, the cost of reconstruction must play a role in determining whether to attack a specific target, and not just military benefit. The evaluation of proportional response is thus distorted by economic concerns.

The Doctrine of Discrimination

The Doctrine of Discrimination, usually considered part of jus in bello, arises again in Orend’s jus post bellum criteria: the civilians9 of the defeated nation must be isolated from punitive economic measures enforced by the victor. The doctrine thus plays the same role in both jus post bellum and jus in bello theories: avoid harming the civilians. The Doctrine of Discrimination is problematic in both theories because it makes a crucial assumption about the civilians of the enemy nation: that they are “innocent.”

How do civilians get along in a totalitarian regime? It is popularly assumed that they have no choice in the matter, that they (as a whole) were forced to live in a dictatorship. Is this really the truth? There are numerous examples of dictators who won office through popular election.

Further, members of the populace frequently act as informants, collaborators, or private enforcers of the government edicts. A good example of this came after the fall of the Berlin Wall: once Germany was reunited, lists of collaborators with the East German Stasi were released, and it has been calculated that 18% of the population of the city of Rostock were informers.10

A more recent and close-to-home example of private individuals and companies taking on the role of law enforcement happened during the lockdowns, vaccine mandates, and mask mandates in 2020 – 2023: examples of government enforcement of these mandates (for example, discharging military members for refusing vaccination) did occur, but it was far more common to have private people and institutions act as enforcers11.

No, private individuals and non-combatants are far from innocent, and this undercuts the Doctrine of Proportionality. This will become extremely relevant in the next section.

Conclusion - Application of Jus post Bellum to the War in Afghanistan

During both phases of the war, the United States clearly distinguished the military vs. civilian parts of Afghani culture and endeavored to avoid or at least limit the use of force against civilians as much as possible. In that, we followed the Doctrine of Discrimination, taking no punitive actions against non-combatants and requiring almost no cultural changes. In fact, we went out of our way to leave as little of an “American culture footprint”12 as possible.

Examples of this were the so-called “Cultural Support Teams”13 and the “Female Engagement Teams.”14 The goals of both programs were to build relationships with Afghani women by sending female soldiers or Marines to meet with them and earn their trust. They were initially controversial because they involved placing females into combat situations. The real controversy should have been the extent that the teams kowtowed to the misogynistic aspects of Afghani culture: female soldiers and Marines were required to always wear head coverings and always have male escorts, even when security was not a major concern. Both CSTs and FETs were considered failures.

More egregious examples of this “cultural support” were the continuation of child marriages and bacha bazi, the latter being the purchase and use of adolescent and pre-adolescent boys for sex by mature male adults. Bacha bazi was outlawed by occupation forces15 as well as by the Taliban (both before and after American withdraw). However, U.S. forces were explicitly instructed to ignore instances of such sexual abuse. According to the father of one Marine in Afghanistan, “my son said that his officers told him to look the other way because it’s their culture.”16 A Special Forces soldier was relieved of his command after acting against an Afghan perpetrator.17 The practice continues unabated.

Bacha Bazi in Afghanstan. Photo from the Indian Times

While all this was happening, foreign policy experts were arguing for “the separation of mosque and state.”18 It was clear that the Americans thought it was sufficient to replace the Islamic Emirate with the Islamic Republic, substituting one system of government with another.

Was the period following the end of the combat phase of the War in Afghanistan a just peace? In one sense it was, because we undertook the process of rebuilding that nation. In another sense it was not, because we never defeated the real enemy, the “innocent” Afghan civilians.

Footnotes

  1. Helen Frowe, The Ethics of War and Peace. Routledge, 2022.
  2. Brian Orend, “Jus Post Bellum: The Perspective of a Just-War Theorist.”
  3. Ibid.
  4. Ibid.
  5. All quotes from ibid.
  6. Ibid.
  7. Helen Frowe, The Ethics of War and Peace. Routledge, 2022.
  8. Dan Cox, “The Age of Liberal Imperialism: Twenty-Five Years of a Flawed U.S. Foreign Policy.”
  9. Orend specifies “civilians” and avoids discussion of non-combatants and other edge-cases.
  10. Peter Wensierski, "East Germany thrived on snitching lovers, fickle friends and envious schoolkids."
  11. Madeline Chambers, “Germans snitch on neighbours flouting virus rules, in echo of the Stasi past.”
  12. Ben Connable. “Human Terrain System is Dead, Long Live … What?”
  13. Megan Katt, “Blurred Lines: Cultural Support Teams in Afghanistan.”
  14. Anna Coll, “Evaluating Female Engagement Team Effectiveness in Afghanistan.”
  15. Chris Mondloch, “Bacha Bazi: An Afghan Tragedy.”
  16. Joseph Goldstein, “U.S. Soldiers Told to Ignore Sexual Abuse of Boys by Afghan Allies.”
  17. Ibid.
  18. Alexander Bernard, “The Advantage to Islam of Mosque-State Separation: What the American Founders can teach.”

Bibliography

Bernard, A. “The Advantage to Islam of Mosque-State Separation: What the American Founders can teach.” Hoover Institution, 29 January 2008. Retrieved 4 May 2024 from https://www.hoover.org/research/advantage-islam-mosque-state-separation

Chambers, M. “Germans snitch on neighbours flouting virus rules, in echo of the Stasi past.” Reuters, 2 April 2020. Retrieved 4 May 2024 from https://www.reuters.com/article/idUSKBN21K2RD/

Coll, A. “Evaluating Female Engagement Team Effectiveness in Afghanistan.” Wellesley College Honors Thesis Collection, April 2012. Retrieved 5 May 2024 from https://core.ac.uk/download/pdf/217003814.pdf

Connable, B. “Human Terrain System is Dead, Long Live … What?” Military Review, January-February 2018. Retrieved 5 May 2024 from https://www.armyupress.army.mil/Journals/Military-Review/English-Edition-Archives/January-February-2018/Human-Terrain-System-is-Dead-Long-Live-What

Cox, D. “The Age of Liberal Imperialism: Twenty-Five Years of a Flawed U.S. Foreign Policy.” Orbis 57 no. 4, Autumn 2013. https://doi.org/10.1016/j.orbis.2013.08.010

Frowe, H. The Ethics of War and Peace. Routledge, 2022.

Goldstein, J. “U.S. Soldiers Told to Ignore Sexual Abuse of Boys by Afghan Allies.” New York Times, 20 September 2015. Retrieved 5 May 2024 from https://www.nytimes.com/2015/09/21/world/asia/us-soldiers-told-to-ignore-afghan-allies-abuse-of-boys.html

Katt, M. “Blurred Lines: Cultural Support Teams in Afghanistan.” Joint Force Quarterly 75, no. 4. October 2014. Retrieved 5 May 2024 from https://ndupress.ndu.edu/JFQ/Joint-Force-Quarterly-75/Article/577569/blurred-lines-cultural-support-teams-in-afghanistan/

Mondloch, C. “Bacha Bazi: An Afghan Tragedy.” Foreign Policy, 28 October 2013. Last retrieved on 4 May 2024 from https://foreignpolicy.com/2013/10/28/bacha-bazi-an-afghan-tragedy/

Orend, Brian. “Jus Post Bellum: The Perspective of a Just-War Theorist.” Leiden Journal of International Law 20, no. 3, September 2007. https://doi.org/10.1017/S0922156507004268

Wensierski, P. "East Germany thrived on snitching lovers, fickle friends and envious schoolkids." Australian Financial Review, 23 December 2015. Last retrieved 5 May 2024 from https://www.afr.com/life-and-luxury/arts-and-culture/stasi-snitches-all-around-records-reveal-true-extent-of-telling-on-others-20151116-gkzu44

Thursday, May 2, 2024

Attack on the Motor Tanker Mercer Street

Descriptive Analysis

On 29 July 2021, the Motor Tanker Mercer Street was attacked twice by Iranian drones while operating in the Gulf of Oman. A third drone attack on 30 July 2021 created a 6-foot-wide hole in the pilot house, resulting in the death of the tanker’s captain and a security officer. The USS Ronald Reagan and USS Mitscher rendered aid. Evidence was collected by an American Explosive Ordnance Disposal team, and a multinational team performed forensic analysis on the debris.[1]

From an agency collaboration perspective, investigations, such as the one completed for this attack, are complicated by the multiple nations operating and crewing the vessel. In the case of the Mercer Street, the ship was flagged under Liberia, was owned by the Japanese, and managed by an Israeli company. The ship’s captain was Romanian, and the security officer killed was British.

This multi-national vessel operation is certainly not unique to the Mercer Street – a February 2024 report from the United Nations Conference on Trade and Development explained the situation as follows:

A typical ship may be built in the Republic of Korea, crewed by Filippino [sic] seafarers recruited through a crewing agency based in Cyprus, owned by a German investment fund, technically inspected by an Indian classification society, registered under the flag of the Marshall Islands, insured by a protection and indemnity club in Norway, fuelled [sic] at a bunkering station in Singapore and operated by liner shipping company in Denmark.[2]

Root Cause Analysis

Use of military forces against merchant ships operating in the Persian Gulf and Red Sea areas have gone back at least to the Tanker Wars of 1984 – 1988. This involved attacks on merchant vessels operating in the Persian Gulf, the Strait of Hormuz, and the Gulf of Oman by both Iran and Iraq. During that time, 411 ships were attacked, 239 of which were oil tankers[3].

The attack on the Mercer Street was a continuation of Iraq’s policy of harassing any vessel not bound for an Iraqi port. It is a form of low-intensity conflict aimed at countries opposed to Iran, or at least not aligned with Iran.

The Mercer Street was attacked primarily because it was operated by Zodiac Maritime, Ltd., an Israeli company. Other recently attacked ships[4], such as the TRF Moss and the oil tanker Richmond Voyager, are either US-owned or have no clear ownership-ties with Israel or America. These attacks have led vessels to set their Automatic Identification System messages to read “norelationtoisrael” or “allchinesecrew.”[5]

Implication Analysis

The Iranian and Iranian-backed Houthi attacks in these two gulfs, together with Somali pirate attacks, is making commercial shipping in the entire area cost prohibitive. As such, traffic that once passed through the Suez Canal is now routed around the Cape of Good Hope[6].

Shift in shipping routes from the Suez Canal to the Cape of Good Hope, from UNCTAD, “Navigating Troubled Waters”

Revenue generated by the Suez Canal constituted 2.3 percent of Egypt’s GDP in 2023. This has dropped 40% because of Iranian-backed piracy[7]. In addition, foreign trade in East African countries such as Kenya, Tanzania, and Sudan have also decreased[8].

Anticipation Analysis

From the time of the Mercer Street attack, Iran has continued harassing and/or attacking merchant vessels operating in the Gulf of Omar and the Gulf of Aden, either directly or via Yemen’s Houthi rebels. It is expected that these attacks will continue in response to ongoing Israeli operations against the Gaza Strip.

The economic losses to Egypt and East African countries can lead to political destabilization of those countries. The rerouting of traffic around the Cape of Good Hope adds additional transport time, fuel costs, and crew costs to the shipped goods.

Foot Notes

[1] USCENTCOM. “U.S. Central Command Statement on the Investigation into the Attack on the Motor Tanker Mercer Street.”

[2] UNCTAD, “Navigating Troubled Waters”

[3] N/A. “Strait of Hormuz.”

[4] N/A, “U.S. Prevents Iran from Seizing Two Merchant Tankers in Gulf of Oman.”

[5] Duggal & Haddad, “Mapping the Red Sea attacks.”

[6] UNCTAD, “Navigating Troubled Waters”

[7] Dom Magli, “Red Sea crisis triggers 40 per cent drop in Suez Canal revenues.”

[8] Vreÿ & Blaine, “Red Sea and Western Indian Ocean Attacks Expose Africa’s Maritime Vulnerability.”

Bibliography

Duggal, H. & Haddad, M. “Mapping the Red Sea attacks: How Houthi attacks on one of the world’s main maritime trade routes have impacted international trade.” Interactive Al Jazeera, 22 February 2024. Last retrieved 2 May 2024 from https://interactive.aljazeera.com/aje/2024/mapping-red-sea-shipping-attacks/

Magli, D. “Red Sea crisis triggers 40 per cent drop in Suez Canal revenues.” Port Technology International, 15 January 2024. Last retrieved on 2 May 2024 from https://www.porttechnology.org/news/red-sea-crisis-triggers-40-per-cent-drop-in-suez-canal-revenues/

N/A. “U.S. Prevents Iran from Seizing Two Merchant Tankers in Gulf of Oman.” U.S. Naval Forces Central Command Public Affairs, 5 July 2023. Retrieved 1 May 2024 from https://www.navy.mil/Press-Office/News-Stories/Article/3448330/us-prevents-iran-from-seizing-two-merchant-tankers-in-gulf-of-oman/

N/A. “Strait of Hormuz: Accessing the threat to oil flows through the Strait.” Strauss Center, August 2008. Retrieved 2 May 2024 from https://www.strausscenter.org/strait-of-hormuz-tanker-war/

United Nations Conference on Trade and Development. “Navigating Troubled Waters: Impact to Global Trade of Disruption of Shipping Routes in the Red Sea, Black Sea and Panama Canal”. UNCTAD Rapid Assessment, February 2024. Retrieved 2 May 2024 from https://unctad.org/system/files/official-document/osginf2024d2_en.pdf

USCENTCOM. “U.S. Central Command Statement on the Investigation into the Attack on the Motor Tanker Mercer Street.” U.S. Central Command Press Release, 6 August 2021. Retrieved 1 May 2024 from https://www.centcom.mil/MEDIA/PRESS-RELEASES/Press-Release-View/Article/2722418/us-central-command-statement-on-the-investigation-into-the-attack-on-the-motor/

Vreÿ, F. & Blaine, M. “Red Sea and Western Indian Ocean Attacks Expose Africa’s Maritime Vulnerability.” Africa Center for Strategic Studies, 9 April 2024. Retrieved 2 May 2024 from https://africacenter.org/spotlight/red-sea-indian-ocean-attacks-africa-maritime-vulnerability/

Boko Haram Kidnappings

It cannot be said that education is a human right, as it implies an obligation on others to provide it. Warfare and certain ideologies do interrupt the process of education, however. An egregious example of this were the schoolgirl kidnappings in Chibok, Nigeria.

This kidnapping was committed by the Boko Haram, an Islamist group that mostly operates in northeast Nigeria, but is also active in Cameroon, Chad, Mali, and Niger. On the night of 14 – 15 April 2014, 276 female students were kidnapped from a government school by them. The students were prime targets for two reasons: they were mostly Christians, and they were females. Islamist organizations have “problems” with both groups.

The school was closed before the kidnappings due to security concerns, but the students remained to complete their final exams[1].

The assault on the school was well-organized. It consisted of three elements: security, support, and assault elements[2]. The support element held Nigerian forces in place while the security element provided perimeter security. Finally, the assault element loaded the students onto trucks. The trucks then departed for nearby nature preserves where the Boka Haram had established compounds.

By US Army - Threat Tactics Report: Boko Haram

Fifty-seven students escaped immediately by jumping from the trucks. Later, others were rescued sporadically by the Nigerian Armed Forces. Since the kidnapping, the girls have been used in hostage exchanges. As of April 2024, 82 students are still missing[3].

It is interesting to note that as the trucks were driving towards Chibok, people from other villages called Chibok to let them know that the Boko Haram were coming[4]. Unfortunately, they didn’t have Minutemen to respond.

Footnotes

[1] Adewunmi, et. al. “Nigeria’s mass kidnapping: the vital questions answered.”

[2] TRADOC, “Threat Tactics Report: Boko Haram.”

[3] Stephanie Busari, “They were kidnapped from a boarding school 10 years ago. Hear their stories.”

[4] Adewunmi, et. al. “Nigeria’s mass kidnapping: the vital questions answered.”

Bibliography

Adewunmi, et. al. “Nigeria’s mass kidnapping: the vital questions answered.” The Guardian, 7 May 2014. Last retrieved 2 May 2014 from https://www.theguardian.com/world/2014/may/07/nigeria-boko-haram-mass-kidnapping-vital-questions

Busari, S. “They were kidnapped from a boarding school 10 years ago. Hear their stories.” CNN, 14 April 2024. Retrieved 2 May 2024 from https://www.cnn.com/2024/04/13/africa/chibok-girls-ten-years-as-equals-intl-cmd/index.html

Omeni, A. “The Chibok Kidnappings in North-East Nigeria: A Military Analysis of Before and After.” Small Wars Journal, 11 April 2017. Retrieved 2 May 2024 from https://smallwarsjournal.com/jrnl/art/the-chibok-kidnappings-in-north-east-nigeria-a-military-analysis-of-before-and-after

TRADOC. “Threat Tactics Report: Boko Haram”. TRADOC G-2 ACE Threats Integration, October 2015. Retrieved 2 May 2024 from https://info.publicintelligence.net/USArmy-BokoHaram.pdf