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

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

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

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

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

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

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

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

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

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

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

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

/snip/

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

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

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


Zero Option on Table as Karzai Comes to Washington

Afghan President Hamid Karzai is in Washington this week for a visit that culminates on Friday in a meeting with President Barack Obama and Secretary of State Hillary Clinton. He also meets with outgoing Defense Secretary Leon Panetta on Thursday. As I described in November, the US and Afghanistan are negotiating a Status of Forces Agreement that lays out the ground rules for any US troops that remain in Afghanistan beyond the planned withdrawal of combat troops by the end of 2014. As was the case with the SOFA for Iraq, the key sticking point will be whether US troops are given full criminal immunity. When Iraq refused to grant immunity, the US abruptly withdrew the forces that had been meant to stay behind.

Both the Washington Post and New York Times have prominently placed articles this morning couching the options on the number of troops to remain in Afghanistan beyond 2014 in terms of strategy for achieving US “goals” there, but the options described now include the “zero option” of leaving no troops behind after 2014. Unlike the case in negotiating the SOFA with Iraq, it appears that at least some of the folks in Washington understand this time that the US is not likely to get full immunity for its troops with Afghanistan, and so there should be some planning for that outcome. Both articles openly discuss the real possibility of a zero option with no troops remaining in the country, although the Times actually suggests full withdrawal in the article’s title (“U.S. Is Open to Withdraw Afghan Force After 2014″) and the Post hangs onto hope of several thousand troops remaining with its title (“Some in administration push for only a few thousand U.S. troops in Afghanistan after 2014″).

After describing the possibility of a zero option, the Times article then suggests that it is merely a negotiating tool to be used on Karzai, failing to note anywhere in the article that the zero option would be driven by Afghanistan refusing to confer immunity:

While President Obama has made no secret of his desire to withdraw American troops as rapidly as possible, the plans for a postwar American presence in Afghanistan have generally envisioned a residual force of thousands of troops to carry out counterterrorism operations and to help train and equip Afghan soldiers.

In a conference call with reporters, the deputy national security adviser, Benjamin J. Rhodes, said that leaving no troops “would be an option that we would consider,” adding that “the president does not view these negotiations as having a goal of keeping U.S. troops in Afghanistan.”

Military analysts have said it is difficult to conceive of how the United States might achieve even its limited post-2014 goals in Afghanistan without any kind of troop presence. That suggests the White House is staking out a negotiating position with both the Pentagon and with Mr. Karzai, as he and Mr. Obama begin to work out an agreement covering the post-2014 American role in Afghanistan.

That oblique reference to an “agreement covering the post-2014 American role in Afghanistan” is as close as the Times article gets to describing the SOFA as the true determinant of whether US troops remain past 2014. At least the Post understands this point and that it hinges on immunity: Continue reading


Afghan High Peace Council, Taliban and Northern Alliance to Meet in Paris This Week

Reuters reports that after the final French combat troops were withdrawn from Afghanistan on Saturday, Paris will host a meeting this week between the Afghan high peace council and the Taliban. It appears that talks have been ongoing for some time, but it is quite encouraging that the parties are now willing for it to be announced publicly that the discussions are taking place. From the Reuters story:

France said on Sunday officials from the Afghan government, the Taliban rebel movement and other factions would meet this week near Paris to discuss the country’s future as NATO troops prepare to pull out in 2014.

Speaking on RFI radio, Foreign Minister Laurent Fabius, whose country withdrew the last of its combat troops from Afghanistan on Saturday, said Afghan President Hamid Karzai had given his green light to the meeting.

“Discreet talks have been taking place between different factions for three years,” Fabius said.

“If you want peace, it’s usually between people who don’t agree, and over there they don’t talk to each other. So there will be discussions, but it won’t be negotiations.”

The story goes on to point out that both the exact date and location for the meeting will not be disclosed and that the location will be “entirely closed off”.

We get more on the meetings from Afghanistan’s Khaama Press:

A senior Afghan high peace council official said three members of the council will attend the Paris conference.

Abdul Hakim Mujahid a former Taliban group member and Haji Din Mohammad advisor to president Hamid Karzai are among the three officials who attend and meet the Taliban group members.

Farhadullah a spokesman for the Afghan high peace council said Afghan peace delegates will clarify the stance of Afghan peace council regarding the peace negotiations in Paris conference.

Meanwhile Abdul Hakim Mujahid who was presenting the Taliban group in United Nations and is currently a member of the Afghan high peace council said they will hold direct talks with the Taliban group members during the summit.

Mr. Mujahid said the conference is based on Afghanistan and only Afghans should decided how to resolve the current crisis and war in the country.

Significantly, the Reuters piece points out that the Northern Alliance also will be taking part in the meetings. Recall that the US supported the Northern Alliance in the overthrow of the Taliban after the US invasion of Afghanistan in 2001.

Missing from both stories is any mention of US involvement in the peace talks. Instead, the US appears to be spending its energy at the current time trying to negotiate an agreement with Afghanistan that will provide blanket immunity for US troops staying beyond the planned end of 2014 end of combat operations by coalition forces. Also, Washington is consumed with developing a plan for how many of these US troops will remain behind and what their roles will be. Apparently, these efforts are a higher priority to the Obama administration than negotiating a peace that would make our presence unnecessary.


What Does Dunford’s Confirmation Hearing Tell Us About the Path Forward in Afghanistan?

Dunford at the hearing.

Yesterday, both Marcy and I discussed significant events that could have a tremendous impact on what lies ahead for the role of the US in Afghanistan. Marcy found that for the first time, the Treasury Department has named a Taliban figure in Afghanistan as a narcotics trafficking drug kingpin. That means, as Marcy points out, that “We’ve got the Global War on Drugs in Afghanistan now” and could have cover for staying on indefinitely in order to cut the flow of drugs. I pointed out that the negotiations have just begun on developing a Status of Forces Agreement which will define the conditions under which US troops could remain in Afghanistan beyond the scheduled handover of security responsibility to the Afghans at the end of 2014. The US wants to keep a number of troops in place, but only if full legal immunity can be conferred on them. The US failed to achieve an immunity agreement in Iraq and subsequently withdrew all troops. With two years remaining before the handoff deadline, look for the negotiations to go very slowly.

Yesterday also saw the confirmation hearing for General Joseph Dunford, who has been nominated to replace General John Allen in charge of US and NATO troops in Afghanistan. The hearing had been scheduled jointly for Allen’s promotion as head of NATO, but his involvement in an email scandal with Jill Kelley has put that hearing on hold. I was unable to watch the hearing and the video archive of the hearing at the Senate Armed Services Committee website has not yet gone live. (I’ve also been unable to find a transcript. If anyone runs across one, please post the link in comments.)

One key issue revolves around what the recommendation will be for how fast troops should be drawn down leading up to the handoff of security responsibility at the end of 2014. Of course, as mentioned above, the not-yet-negotiated SOFA will dictate whether and how many troops will remain beyond that date, but there still is the strategic question of how quickly combat operations will be drawn down and whether that includes actual troop withdrawals.

Perhaps because Dunford was not nominated for the position until early October, we learned in the hearing that he has not been present during any meetings at which General Allen has been preparing his recommendation for the drawdown plan:

Gen. Joseph Dunford, President Obama’s pick to take command of the Afghanistan war within months, revealed in Senate testimony on Thursday that he has not been included in Gen. John Allen’s highly-anticipated war recommendations currently being deliberated in the White House and Pentagon.

Dunford, under pointed questioning by Sen. John McCain, R-Ariz., said he has been kept in the dark, during his confirmation hearing before the Armed Services Committee.

“Do you know what those recommendations are?” McCain asked. Continue reading


US Looking for a Better SOFA to Leave Behind In Afghanistan After Iraq Failure

Much to the consternation of those who want all war, all the time, Iraq managed to force the US into a complete pullout of troops at the end of 2011, even though there had been efforts to develop a Status of Forces Agreement (SOFA) that would have allowed a number of troops to stay on as trainers. Because Iraq would not grant criminal immunity to those remaining forces, the US finally withdrew completely. There had been great hope within the Obama administration that the agreement could be reached, especially because it suffered no consequences from its craven behavior in announcing the end of combat operations in August of 2010, which it achieved merely by redefining 50,000 combat troops as non-combat troops. There have been analyses both at the time of the negotiation failure by Josh Rogin and in September of this year by the New York Times, but the unifying theme is that when Iraq would not agree to immunity the US decided on the pullout, despite the best efforts by the Obama administration to claim that a complete withdrawal had been their plan all along.

The Obama administration began negotiations today with Afghanistan on a SOFA for the conditions under which US troops may stay behind after the handover of security control to Afghanistan at the end of 2014. Once again, the Obama administration will first play the semantics game, as the 2014 deadline is for the end of combat operations, as was the first deadline in Iraq. The US is seeking to leave behind a significant training force (that is fully capable of combat but defined otherwise, I’m sure) but is once again seeking criminal immunity for the remaining troops.

There are significant complications for the negotiations. First, the training relationship between NATO forces and Afghan forces is much worse than it was in Iraq, as green on blue killings have threatened how the US has gone about its mission in Afghanistan. Further, the issue of legal standing is complicated greatly by the fact that the US insists on trying Robert Bales in the US while Afghanistan wants to try him there.

Reuters describes the beginning of negotiations:

Afghanistan and the United States have started talks that will eventually define how many American troops stay in the country after most NATO combat forces leave at the end of 2014, and the scope of their mission.

The bilateral security negotiations could take months, and are expected to be difficult. The round of talks that began on Thursday will cover the legal basis for U.S. soldiers to work in Afghanistan post-2014.

“This document is intended to provide the legal authority for U.S. armed forces and their civilian component to continue a presence in Afghanistan with the full approval of the government of Afghanistan,” said James B. Warlick, deputy special representative for Afghanistan and Pakistan, who will be leading the U.S. delegation.

And, of course, immunity is front and center as the primary issue:

The thorniest issue in future talks will be whether U.S. soldiers in Afghanistan are given immunity from prosecution under Afghan law.

This is a movie that we have seen before. It is nearly impossible to see how its ending will differ much from Iraq, although I suspect that the combination of the war-weariness of the public and the ongoing risk of trainers being killed might prompt the US to agree that the end of combat operations this time might actually coincide with a complete withdrawal rather than a redefinition of troops. If that decision can be reached quickly (and a hard line from Afghanistan on immunity could hasten it), perhaps there would then be some hope that the timetable also can be accelerated significantly. The end of 2014 is still more than two full years away. That is a long time for the Obama administration to look at ongoing deaths and huge monetary outlays at a time when most Americans (excluding defense contractors and neocons) have had enough war and debt is the largest political issue in the country.