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Pakistan’s subservience to lukewarm defiance   Brig Gen (Retd) Asif Haroon Raja

Pakistan’s subservience to lukewarm defiance

 

Asif Haroon Raja

9/11 changed the global dynamics

On the morning of 9/11/2001, unknown hijackers flying two passenger planes struck the twin towers in New York with short intervals, the third plane headed for Washington and struck part of Pentagon building and the 4th plane on its way to Pennsylvania was shot down. The flummoxed US security watched the gory drama for hours helplessly.

The US media blared earth shaking news and cried hoarse over the air terrorism which took the lives of little over 2700 Americans. The world was shocked and the world leaders shed tears of anguish and sympathy over the great tragedy, while the Zionists drew satisfaction that they were successful in hoodwinking the world. 9/11 changed the global dynamics and from that time onwards the world moved differently.

All the three successive regimes of the USA led by George W. Bush, Barack Obama and Donald Trump played into the hands of the Zionists, American Jewish lobby and Israel, and used excessive military force to destroy the targeted Muslims countries, and to kill, maim and displace the Muslims ruthlessly under a pre-planned agenda.

Each year, wreaths were laid on the graves of the innocent Americans who died in New York, but no tear was shed for the millions of Muslims who were killed by the revengeful Americans for no fault of theirs.

Al-Qaeda blamed without evidence

Since Osama bin Laden (OBL) hailed from the Kingdom of Saudi Arabia (KSA) and most of the 19 hijackers were from KSA, it was assumed that OBL based in Afghanistan and heading Al-Qaeda had master-minded the attacks. Al-Qaeda was squarely blamed on the basis of assumptions that it had been involved in attacks against American targets since 1997 and had carried out attacks on the US embassies in Kenya and Tanzania in 1999.

Crusade against the Muslims

Fuming George W. Bush declared that the US was at war and pledged to avenge. He avowed the Global War on Terror (GWoT) as a ‘crusade’ against the perpetrators without collecting a shred of evidence. The Americans sitting in the hall stood up from their seats and cheered him thunderously, while the world leaders extended their support to bludgeon the ones who had dared to attack the mighty sole super. Not a single country spoke in support of the Taliban regime which had no role to play in the attacks. Their only fault was that they had refused to hand over OBL without providing them proof of his involvement.        

The overall agenda was to demean Islam, which after the demise of communism in Russia was viewed as a major threat to the capitalism, the arms, drugs and pharmaceutical barons and the unjust global international order run by the sole super power.

Israel and India, the two strategic partners of the US, didn’t take part in the GWoT initiated by the US in Oct 2001, but drew maximum benefits from the war.

The UN-recognized freedom movements of the Palestinians and the Kashmiris to free their lands from illegal occupation of Israel and India were categorized as terrorism, thereby giving a free hand to the two fascist and racist countries, Israel and India, to brutalize the Palestinians and the Kashmiris unpityingly.

Denuclearization of Pakistan

In order to disable the nuclear program of Pakistan covertly, Pakistan was deceitfully made an ally and Pakistan readily fell into the honeycombed trap.

India was assigned the responsibility to plan and execute the biggest covert war against Pakistan from Afghan soil, and make it politically unstable, economically and militarily weak and socially divided; subsequently, launch a limited war under Cold Start Doctrine and the nuclear overhang to destroy Pak armed forces. 

RAW along with 14 intelligence units, seven Pakistan specific Indian Consulates and Indian Embassy in Kabul set up a huge terror infrastructure in Afghanistan with 70 training camps and centres in 2002 and were given full support by the CIA, Mossad, MI-6, BND and NDS.

Proxy war against Pakistan

 

 

 

Initial objectives of destabilization were FATA in the northwest and Baluchistan in the southwest of Pakistan. This was done through proxies hired from Pakistan. In FATA, Pakistani Taliban were used as mercenaries. In Baluchistan, the Balochi tribes of Bugtis, Marris and Mengals were brought in line and proxies like BLA, BRA and BLF were created.

The proxies were funded, trained and equipped to carry out acts of sabotage and subversion in the two combat zones. The flames of terrorism were to be subsequently spread to all parts of Pakistan. The MQM was also roped in to destabilize Karachi, the hub of Pakistan’s economy.

 

Pakistan coerced to join Global War Against Terrorism (GWoT)

Pakistan under Gen Musharraf who had been bullied to ditch the ruling Taliban regime of Mullah Omar and to extend full support to the US to capture Afghanistan was later on coerced to send regular troops into South Waziristan (SW) in 2003 to flush out the Al-Qaeda and the ones harboring them. This was in violation of the agreement signed in 1948 by Quaid-e-Azam and the elders of FATA to keep the tribal belt outside the ambit of Pakistan’s penal laws and parliamentary system and to let them be governed by the British enacted Political Agent system and the Frontier Constabulary Rules. The Frontier Corps could only operate in FATA.  

Intrusion of regular troops into SW fueled Talibanization and by Dec 2006, with the active support of the CIA and FBI, Tehreek-Taliban-Pakistan (TTP) was born. Well over 600 pro-Pakistan Maliks, elders and religious leaders were killed to create space for the TTP under Baitullah Mehsud. After the death of Akbar Bugti in a mountain cave in 2006 because of a mysterious blast at a time when the Army’s delegation approached him to sign a peace agreement, the insurgency in Baluchistan morphed into a separatist movement and several Baloch Sardars fled abroad who are being patronized by their western hosts and India. Insurgencies in the two regions were well-synchronized by the master planners.   

Pakistan’s hands tied

When armed insurgency suddenly erupted in Indian Occupied Kashmir in Oct 1989 and gave a chance to Pakistan to even up the score of 1971 with India, the US threatened Pakistan to stay out of it or else it will be declared a terrorist state. Pakistan under Benazir Bhutto and Nawaz Sharif (NS) complied meekly and quietly watched the massacre and torture of Kashmiris by the occupying 700, 000 Indian forces.

Pakistan once again became powerless to initiate a proxy war to counter the RAW-NDS covert war after 9/11 that had become an existential threat to its security by 2009, because its hands were tied by the new laws on terrorism framed by the US. Those abetting terrorists were to be held equally responsible for terrorism. India and Kabul regime were given a free hand and have still not been held accountable since the framers of anti-terrorism laws are themselves involved in this game.   

Pakistan’s fault lines attacked

The band of conspirators in Kabul hatched a series of conspiracies and kept funding and arming the paid proxies to bleed the Pak security forces and to create instability and insecurity in the country. To boost the covert war, the propaganda war was upgraded to hybrid war and the moles of foreign agencies deployed in Pakistan aided by purchased Pakistani media started accentuating ethnic, sectarian, religious and political fault lines of Pakistan in order to foment intolerance, extremism and hatred among various sects and political parties.

Keeping the model of East Pakistan where the Bengalis were successfully brainwashed, the minds of the people of smaller provinces were poisoned to fill their hearts with hatred against the ruling government, Punjab and Pak Army/intelligence agencies. Focus has mainly been on weakening the trunk of the army and the ISI which have blunted all the conspiracies and dangerous plans of the adversaries.

Pakistan’s subservience

 

Pakistan’s successive regimes have pursued a policy of appeasement due to which its adversaries have been taking full advantage. Subservience to the US dictates touched new heights during the tenure of Gen Musharraf. Each and every demand of Washington was obsequiously obeyed and no eyebrow was raised on the never ending mantra of ‘Do More’ or the insults and accusations hurled by the US leaders. It was incomprehensible for every Pakistani as to what compelled nuclear Pakistan to mollify the two US installed Kabul regimes which took dictations from the US and India. Hamid Karzai and the unity regime of Ashraf Ghani (AG)-Dr. Abdullah never spared any opportunity to bad mouth Pakistan. Till as late as 2017, Pakistan kept appeasing India as well. Pakistan’s 80,000 human and 150 billion dollars financial losses were the doings of RAW and NDS.

Pakistan’s successive regimes from the time of Gen Musharraf to Zardari and Nawaz Sharif ignored the hard fact that RAW and NDS couldn’t have carried out massive covert and propaganda wars from Afghan soil without full support of the CIA and approval of the US. The trio as well as Israel and the West are on one page. The Quad apart from achieving their global ambitions, they are continuing to demean Islam as a policy.

So what could be the compulsion of Pakistani leadership was a million dollar question asked? The only obligation is that our leaders are too infatuated with the USA and cannot get out of its magic spell irrespective of whatever cost the nation has to pay.

The devastating impact of this one-sided appeasement was that Pakistan lost its nuclear deterrence, its honor and dignity, and anyone could insult or slap Pakistan and get away with it. Pakistan was blamed for all the sins of Indo-US-Afghanistan nexus and was declared ‘nursery of terrorism’, ‘most dangerous country’ and a ‘failing state’. Pakistan took the barbs without a whimper and kept promising to do more to please the double-dealing USA, which never wanted Pakistan to become a self-reliant country. 

 

Pak-China Equation and CPEC

 

Apart from Pakistan’s nuclear program, other eyesores that were unacceptable to the Indo-US-Israel nexus were Pak-China closeness and the CPEC. Terrorism was stepped up by RAW-NDS to scuttle CPEC. Pakistan was lured by KSA and UAE by granting heavy loans and promising establishment of oil refinery at Gwadar, and the US promising activation of ROZs in former FATA and an economic zone at Karachi as an alternative to the CPEC.

A sustained media warfare was launched against China. Major themes played up were: CPEC passes through disputed territory of Gilgit Baltistan; China is a replica of East India Company; Pak-China trade is heavily tilted towards the latter; 90% of the benefits of CPEC are taken by China; China is buying properties in Pakistan at a vast scale and weighing down Pakistan under its loans; Chinese are luring Pakistani girls to marry them, and after taking them to China are being tortured and sexually exploited; Chinese are inhumanly torturing the Muslim Uighurs in Xingjian province.

While Pakistan military made no compromise on the nuclear program, cracks appeared in Pak-China friendship in 2018/19 over CPEC due to irresponsible statements made by Razaq Dawood and some other PTI ministers saying that all the CPEC agreements will be revised. Resultantly CPEC which had galloped fast in the first phase came to a halt for almost a year.

    

Pakistan’s defiance

The first brick of defiance was laid by PM Liaqat Ali Khan by refusing the USA to convince/pressurize Iran not to nationalize its oil. The second brick was laid by the PM ZA Bhutto when he refused Henry Kissinger to close Pakistan’s nuclear program. Both had to pay a big price; Liaqat was murdered and Bhutto was hanged. Nawaz Sharif in May 1998 rejected pressures from Bill Clinton and Tony Blair, turned down the inducement of $ 5 billion and went ahead in carrying out six nuclear tests in response to five conducted by India. In 1999, he was unseated. Gen Ashfaq Pervez Kayani as army chief lost his cool after the NATO’s Apache gunship helicopters attacked Pakistan army posts in Salala (Mehmand Agency) on Nov 26, 2011 killing several officers and men. This offensive act was a follow up of incidents of Raymond Davis in January 2011 followed by stealth helicopters attack in Abbottabad to get OBL on May 2, and the Memogate scandal in Oct. In reaction, Pakistan Army discontinued military cooperation, intelligence sharing and training of Frontier Corps by the US trainers, and cancelled all visits and courses. The two supply routes used by the NATO containers were blocked and the Shamsi airbase in use by the CIA since 2003 was closed. Situation was normalized in July 2012 after Washington tendered an apology with an assurance that such an act will not be repeated.  

In 2017, Gen Qamar Javed Bajwa took a bold stand by stating that ‘We will not do more’, and ‘it is time for others to do more’. The next was his perseverance to erect a fence along the border with Afghanistan and Iran. Both the Kabul regime and the US exerted extensive pressure to stop the erection of a fence along the western border. 92% fencing of western border and 47% of southwestern border has been completed and both will be completed by Aug 2021 and end of this year respectively. Radical improvement of border management was another feat that has been accomplished. Next will be the fake national identity cards issued by NADRA in millions to foreigners, mostly the Afghans including the one held by AG.    

PM Imran Khan (IK) showed mirror to the arrogant West for the first time in his maiden address to the UN in 2019 reminding them that no money laundering was possible from the third world without the tax havens in the European capitals. He also exposed the ugly face of India comparing RSS with Nazis and Modi with Hitler and this has been his consistent theme. Standing up to India’s belligerence in February 2019 and giving a befitting response goes to his credit.

Extreme American pressure on Pakistan by the US to detach itself from the CPEC was resisted. Thankfully, dormant CPEC has been fully reactivated and now the lost time is being recouped with full vigor.

Pak-China friendship has blossomed into a strategic partnership, which is analogous to the US-Israel and the US-India partnership. 

The biggest jolt given to the US by Pakistan was IK’s refusal to meet the CIA Director and Foreign Secretary and then refused to give it a military base for so-called counter-terrorism operations against the Al-Qaeda, Daesh and Taliban. IK’s ‘Absolutely Not’ became a buzzword in Pakistan. Such acts of defiance from the compliant state were stupefying for the totalitarian USA.    

Drop scene for the USA and India

The arrogance and prestige of the USA boasting to be the mightiest and invincible military power has been rolled in the dust by the rag tag, ill-equipped, ill-dressed and ill-fed Taliban after they forced the US-NATO forces to exit from Afghanistan. The Taliban outwitted the occupation forces and the collaborating forces, and the way they overpowered the country was a textbook example of military brilliance. They also displayed diplomatic finesse by engaging with all the neighbors to set aside their fears. Politically they played their cards shrewdly by keeping their Doha political office active, treated the surrendering troops and the people of the captured cities with compassion, and won the confidence of all segments of the society.   

The pugnaciousness of six-times bigger India and constant machinations of five intelligence agencies in collusion with RAW to break Pakistan into four parts spread over 16 years have been foiled by Pakistan armed forces and the ISI, which is a big achievement and an embarrassment for India.

Having spread its tentacles in all the departments of Afghanistan and spent $ 3.5 billion in various projects including a dam in Herat, India is today in a fix. After the hurricane-like advance of the Taliban capturing one city after another, India winded up all its Consulates and RAW operatives have fled away. They have destroyed or shifted all the incriminating documents showing their dirty works against Pakistan.            

Ramifications for the USA

The ignominious departure of the occupying forces and ending of the 20-year war in Afghanistan will have grave ramifications for the USA, as was the case with the former USSR in 1989. It had taken only two years for the USSR to fragment and be reduced to the Russian Federation in 1991. The US not only lost the war in Afghanistan, but it is also withdrawing its troops from Iraq by the end of this year as demanded by the Iraqi PM Mustafa al-Khademi. It has withdrawn its support to the Saudi coalition against Yemen, and is likely to exit from Syria where Bashar al-Assad has been re-elected. China is on the rise and Russia under Putin is resurging. Joe Biden is facing criticism on account of the hasty exit of the US troops from Afghanistan, which in view of the critics emboldened the Taliban to race to Kabul. He and his predecessors are likely to face the music of the Americans as to why they fought the longest war, what objectives they achieved and at what cost and why they consistently lied to them.

The spoilers still in action

The spoilers of peace with India in the lead wanted to keep Afghanistan unstable. While the Taliban kept gaining ground, RAW and NDS continued with their proxy war in Pakistan, demeaned the Taliban and resorted to disinformation campaigns.

Lahore blast, followed by spate of terrorist attacks in Waziristan and Baluchistan, the Dassu attack in which 9 Chinese and 3 locals lost their lives, and the engineered drama of abduction of daughter of ambassador of Afghanistan in Islamabad were masterminded by RAW-NDS. There are indications that the CIA was also involved in the Dassu incident.  

In July, India’s transport planes flew over Iran’s airspace four times to deliver 80 tons of war munitions to Kandahar military base and the same quantity to Kabul for the ANA. The US jets flew from the UAE airbase over Tajikistan’s airspace to attack the Taliban in Kandahar. Indian pilots flew gunship helicopters in support of the besieged ANA troops.

The eight warlords were asked by the Kabul regime to reactivate their militias and to confront the Taliban but the prominent warlords fled abroad and Ismail Khan in Herat is in the custody of the Taliban.

Current situation in Afghanistan

All the efforts of the spoilers misfired and the Taliban have taken full control over the whole of the country without much fighting. Their 6000 prisoners locked up in provincial capitals and Bagram air base which the Kabul regime were not releasing were freed by the Taliban themselves.

After moving closer to Kabul and tightening the noose around it, their fighters entered Kabul on August 15, forcing AG to flee to Tajikistan with his whole team on the afternoon of 15 August without tendering resignation. The same evening the Taliban fighters captured the presidential palace, but the Taliban leadership announced general amnesty to all and announced that Kabul will not be captured forcibly.

The Taliban leadership rejected the proposal of an interim setup for which Dr. Abdullah, Hamid Karzai and Gulbadin Hikmatyar as members of Afghan Rabita Council are working, and want power to be directly handed over to them. The Taliban are in a commanding position to arrive at a political settlement of their choice, but they are likely to share power with others as well.  

In case AG doesn’t tender his resignation in the next 1-2 days, he may possibly establish a government in exile on the advice of his patrons. The Northern Alliance might be once again activated duly patronized by the West and India to brew instability in Afghanistan.

Russia and China are likely to provide full support to the Taliban.

Pakistan is in two minds, whether to go along with the international community influenced by the USA, or to support the Taliban.  

UK’s PM Boris Johnson who had termed the Doha Agreement as ‘a rotten deal’, and had also declared Biden’s decision to pullout ‘a big mistake’, has called for an emergency meeting of the UNSC to discuss the situation in Afghanistan. He has advised all not to recognize the Taliban regime if they take over power by force.    

   

Lessons for Pakistan

Learning lessons from the repeated betrayal and double game of the US, unrelenting hostility of the US installed regime in Kabul, and not so trustworthy relations with Iran which is still aligned with India, Pakistan’s leadership seem to have started differentiating between friend and foe. Most problems have occurred from Pakistan’s enchantment of the USA due to which it had to appease India and Afghanistan.  

The first bold action taken by Pakistan was to give a clear message that the days of fighting someone else’s war and provision of bases are over and Pakistan would only extend cooperation for peace and not for war and conflict.  

China is the only neighbor which has never let down Pakistan and has gone out of the way to help Pakistan during its testing times. Strong bondage between the two iron brothers would help in keeping the enemies at bay.

Pakistan’s growth of understanding with China, Russia as well as with Central Asian Republics are a good omen. If Afghanistan under the Taliban and Iran join this grouping, it can keep the spoilers of peace checkmated, but Iran has its own ambitions.  

The Taliban couldn’t have achieved successes with such a lightning speed without the support of the people. Irrespective of the outsiders advocating a broad based and inclusive government in Kabul, the Taliban’s return to power and re-establishment of an Islamic Emirate is irreversible.    

Future government in Kabul with the Taliban in the driving seat will be in the interest of Pakistan since it would radically diminish India’s perverse influence in Afghanistan, and Pakistan will get rid of the RAW-NDS cross border terrorism. However, in case the insensitive and biased international community dominated by the US decides to ostracize the would-be Taliban regime, Pakistan in its bid to remain in good books of the US, might mellow-down its defiance and refuse to recognize the Taliban regime, thereby once again putting the country in jeopardy.

It must not be forgotten that while Pakistan is good at losing friends, India is good at befriending its enemy’s friends. Twice betrayed by Pakistan, the Taliban could be swayed by India.

The writer is retired Brig Gen, war veteran, defence & security analyst, international columnist, author of five books, Chairman Thinkers Forum Pakistan, Director Measac Research Centre, Member CWC PESS & Think Tank. [email protected]    

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Katharine Gun: Ten years on what happened to the woman who revealed dirty tricks on the UN Iraq war vote?

Katharine Gun: Ten years on what happened to the woman who revealed dirty tricks on the UN Iraq war vote?

In the runup to the critical vote on war in Iraq, Katharine Gun exposed a US plot to spy on the UN. As a film of her story is planned, she tells of her anger and frustration – but not her regrets
Katharine Gun
Katharine Gun back in Cheltenham last week: ‘This is the ugly truth of what goes on.’ Photograph: Andy Hall for the Observer

 

Ten years ago, a young Mandarin specialist at GCHQ, the government’s surveillance centre in Cheltenham, did something extraordinary. Katharine Gun, a shy and studious 28-year-old who spent her days listening in to obscure Chinese intercepts, decided to tell the world about a secret plan by the US government to spy on the United Nations.

She had received an email in her inbox asking her and her colleagues to help in a vast intelligence “surge” designed to secure a UN resolution to send troops into Iraq. She was horrified and leaked the email to the Observer. As a result of the story the paper published 10 years ago this weekend, she was arrested, lost her job and faced trial under the Official Secrets Act

The memo from Frank Koza, chief of staff at the “regional targets” section of the National Security Agency, GCHQ’s sister organisation in the US, remains shocking in its implications for British sovereignty. Koza was in effect issuing a direct order to the employees of a UK security agency to gather “the whole gamut of information that could give US policymakers an edge in obtaining results favourable to US goals or to head off surprises”. This included a particular focus on the “swing nations” on the security council, Angola, Cameroon, Chile, Bulgaria and Guinea, “as well as extra focus on Pakistan UN matters”.

The story went around the world and the leak electrified the international debate during the weeks of diplomatic deadlock. Most directly, it bolstered opposition to the US position from Chilean and Mexican diplomats weary of American “dirty tricks”. The same countries demanded immediate answers from the British government about its involvement in the spying. With the operation blown, the chances of George W Bush and Tony Blair getting the consensus for a direct UN mandate for war were now near zero.

For the Observer too, it was a story full of risks. The paper had taken the controversial decision to back intervention in Iraq. Yet here was a story that had the capacity to derail the war altogether. It remains entirely to the credit of Roger Alton, at the time the paper’s editor, that he stuck with the story, despite its potential implications.

Gun had hoped the leak would prick the conscience of the British public, large sections of which were already taking to the streets in opposition to the war. Surely, she thought, when people realised that the UK was being asked to collaborate in an operation to find out personal information that could be used to blackmail UN delegates, they would be outraged and the UK government would halt its slide into war. She failed.

A decade on, sitting in a cafe in Cheltenham, not far from GCHQ, I asked her if she still stood by what she had done. “Still no regrets,” she said. “But the more I think about what happened, the more angry and frustrated I get about the fact that nobody acted on intelligence. The more we find out that in fact the million-person march was a real cause of worry for Downing Street and for Blair personally, it makes you think we were so close and yet so far.”

Since 2003, my life and Gun’s have continued to cross from time to time. As one of the journalists who broke the story, I feel a certain responsibility for how things have turned out. Gun sacrificed so much when she decided to leak and has worked only intermittently since. Throughout her own court case, what only a few knew was that she was also fighting for the right of her husband, who is from Turkey, to remain in the UK. She now has a four-year-old daughter who she is bringing up in Turkey.

Times have often been tough, not least because of the itinerant life she has chosen for herself. “Financially it’s the toughest,” she said. “But that’s partly my own fault because I haven’t aggressively pursued a career. Because I’m not ambitious it’s not paramount for me to find myself in a high-paid job. Right now my priorities are to ensure I am there for my daughter.”

Now there is the possibility that Gun’s singular life will be made into a movie. A script has been doing the rounds in Hollywood for five years. It is written by Sara and Gregory Bernstein, a California-based husband-and-wife writing partnership that have worked with British director Jonathan Lynn. Everyone involved assumed the project had run into the dust, but then it appeared on the Black List, a Hollywood website for unmade film scripts, which has featured Slumdog Millionaire and The King’s Speech in the past. There it was spotted by Debs Paterson, director of the critically acclaimed Africa United, who met Katharine Gun last week with a view to making the film of her life.

Gun was visiting friends and family in Cheltenham when I talked to her, with the strain obvious on her face but still looking much younger than her 38 years. I don’t think I’ve ever met a more determined character and she remained utterly convinced of the justice of her cause: “There’s nothing subsequent to the invasion that makes me think it was the right decision made by Bush and Blair.” However, she is not without disappointment about how little obvious difference she made.

“I never aligned myself specifically with the anti-war movement. But I talk to people and there does seem to be a sense of failure that, despite all the campaigning and all the marching and all the protesting and everything they did, it made not a ha’porth of difference. And that’s quite a depressing place to find yourself in when you feel so strongly and passionately about something

As for her own story, she recognises that 10 years on it scarcely registers with the public. I sensed a slight flash of anger as she said: “It’s not even a footnote in the history of Iraq.” But she said she would still be prepared to give evidence to the Chilcot inquiry into the Iraq war. “There seems to be this blasé attitude – the spying goes on, everyone does it and so it’s nothing to get all hot under the collar about. But this specific instance is the ugly truth of what goes on.”

Although the story made headlines around the world at the time of the leak and later at the time of her trial, which collapsed after the prosecution withdrew its evidence, it remains largely missing from the official narratives of the build-up to the Iraq war.

Jack Straw, then the foreign secretary, has not been challenged on whether he authorised the operation to go ahead, although it is almost certain that he did.

Gun said that the UK government still had some explaining to do: “I think there need to be more questions asked about whether they responded to that request, why they felt it was within their scope of work to respond to that sort of request, and what is the manner of the relationship between UK politics and US politics.

It was almost as if that request was asking for someone within their own nation to do this work; it wasn’t asking another completely independent state for co-operation.”

The risks Gun took in revealing the UN email’s existence were huge. By printing off the memo, putting it in her handbag and taking it home, she was already committing a serious breach of the Official Secrets Act.

In leaking it to the Observer, she was also doing something unprecedented in the history of espionage. Not only was the cable the most sensitive ever to be disclosed on either side of the Atlantic, it was also unique in its timing. Most whistleblowers leak after the event to expose perceived wrongdoing. Gun disclosed details of the spying operation as it was happening to stop something she viewed as terrible happening in the future.

As the title of the film script suggests, she was “The Spy Who Tried to Stop a War”. Daniel Ellsberg, the celebrated American whistleblower who leaked the Pentagon Papers about the build-up to the war in Vietnam, described it as “the most important and courageous leak I have ever seen”.He added: “No one else – including myself – has ever done what Katharine Gun did: tell secret truths at personal risk, before an imminent war, in time, possibly, to avert it.”

As it was, a second UN resolution directly to authorise war against Iraq never materialised and airstrikes began on 19 March 2003. Katharine Gun did not stop the war, but was it all entirely in vain? It is probably still too early to tell.

Courtesy-The Guardian, UK

 

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Declassified UK: Explainer: Is the UK a rogue state? 17 British policies violating domestic or international law by Mark Curtis

 

 

 

Declassified UK: Explainer: Is the UK a rogue state? 17 British policies violating domestic or international law

Mark Curtis


British foreign secretary Dominic Raab recently described the “rule of international law” as one of the “guiding lights” of UK foreign policy. By contrast, the government regularly chides states it opposes, such as Russia or Iran, as violators of international law. These governments are often consequently termed “rogue states” in the mainstream media, the supposed antithesis of how “we” operate.

The following list of 17 policies may not be exhaustive, but it suggests that the term “rogue state” is not sensationalist or misplaced when it comes to describing Britain’s own foreign and “security” policies.

These serial violations suggest that parliamentary and public oversight over executive policy-making in the UK is not fit for purpose and that new mechanisms are needed to restrain the excesses of the British state. 

The MQ-9 Reaper drone carries four laser-guided, air-to-ground 114 Hellfire missiles, a payload of up to 360kg. The UK has been operating a fleet since 2007 and has struck targets in Afghanistan, Iraq and Syria. (Photo: Chris Hunkeler / Flickr)

The Royal Air Force’s drone war

Britain’s Royal Air Force (RAF) operates a drone programme in support of the US involving a fleet of British “Reaper” drones operating since 2007. They have been used by the UK to strike targets in Afghanistan, Iraq and Syria. 

Four RAF bases in the UK support the US drone war. The joint UK and US spy base at Menwith Hill in Yorkshire, northern England, facilitates US drone strikes in Yemen, Pakistan and Somalia. US drone strikes, involving an assassination programme begun by president Barack Obama, are widely regarded as illegal under international law, breaching fundamental human rights. Up to 1,700 civilian adults and children have been killed in so-called “targeted killings”. 

Amnesty International notes that British backing is “absolutely crucial to the US lethal drones programme, providing support for various US surveillance programmes, vital intelligence exchanges and in some cases direct involvement from UK personnel in identifying and tracking targets for US lethal operations, including drone strikes that may have been unlawful”. 

Chagos Islands

Britain has violated international law in the case of the Chagos Islands in the Indian Ocean since it expelled the inhabitants in the 1960s to make way for a US military base on Diego Garcia, the largest island. 

Harold Wilson’s Labour government separated the islands from then British colony Mauritius in 1965 in breach of a UN resolution banning the breakup of colonies before independence. London then formed a new colonial entity, the British Indian Ocean Territory, which is now an Overseas Territory.

In 2015, a UN Tribunal ruled that the UK’s proposed “marine protected area” around the islands — shown by Wikileaks publications to be a ruse to keep the islanders from returning — was unlawful since it undermined the rights of Mauritius. 

A group of Chagossians chant slogans as they attend a mass hosted by Pope Francis at the Monument of Mary Queen of Peace in Port Louis, Mauritius, 9 September 2019. (Photo: EPA-EFE / Dai Kurokawa)

Then in February 2019, the International Court of Justice (ICJ) ruled in an advisory opinion that Britain must end its administration of the Chagos islands “as rapidly as possible”. The UN General Assembly adopted a resolution in May 2019 welcoming the ICJ ruling and “demanding that the United Kingdom unconditionally withdraw its colonial administration from the area within six months”. The UK government has rejected the calls.

Defying the UN over the Falklands (Malvinas Owned By Argentina, Stolen By the UK Through Naval Attack)

The UN’s 24-country Special Committee on Decolonisation — its principal body addressing issues concerning decolonisation — has repeatedly called on the UK government to negotiate a resolution to the dispute over the status of the Falklands. In its latest call, in June 2019, the committee approved a draft resolution “reiterating that the only way to end the special and particular colonial situation of the Falkland Islands (Malvinas) is through a peaceful and negotiated settlement of the sovereignty dispute between Argentina and the United Kingdom”. 

The British government consistently rejects these demands. Last year, it stated:

“The Decolonisation Committee no longer has a relevant role to play with respect to British Overseas Territories. They all have a large measure of self-government, have chosen to retain their links with the UK, and therefore should have been delisted a long time ago.”

In 2016, the UN Commission on the Limits of the Continental Shelf issued a report finding that the Falkland Islands are located in Argentina’s territorial waters.

Israel and settlement goods

Although Britain regularly condemns Israeli settlements in the occupied territories as illegal, in line with international law, it permits trade in goods produced on those settlements. It also does not keep a record of imports that come from the settlements — which include wine, olive oil and dates — into the UK. 

UN Security Council resolutions require all states to “distinguish, in their relevant dealings, between the territory of the State of Israel and the territories occupied since 1967”. The UK is failing to do this.

Palestinian activists sail on fishing boats during a protest against the Israeli siege imposed on Gaza Strip, west of Gaza City, 10 July 2018. (Photo: EPA)

Israel’s blockade of Gaza

Israel’s blockade of Gaza, imposed in 2007 following the territory’s takeover by Hamas, is widely regarded as illegal. Senior UN officials, a UN independent panel of experts, and Amnesty International all agree that the infliction of “collective punishment” on the population of Gaza contravenes international human rights and humanitarian law. 

Gaza has about 1.8 million inhabitants who remain “locked in” and denied free access to the remainder of putative Palestine (the West Bank) and the outside world. It has poverty and unemployment rates that reached nearly 75% in 2019.

Through its naval blockade, the Israeli navy restricts Palestinians’ fishing rights, fires on local fishermen and has intercepted ships delivering humanitarian aid. Britain, and all states, have an obligation “to ensure compliance by Israel with international humanitarian law” in Gaza. 

However, instead of doing so, the UK regularly collaborates with the navy enforcing the blockade. In August 2019, Britain’s Royal Navy took part in the largest international naval exercise ever held by Israel, off the country’s Mediterranean shore. In November 2016 and December 2017, British warships conducted military exercises with their Israeli allies.

Exports of surveillance equipment

Declassified revealed that the UK recently exported telecommunications interception equipment or software to 13 countries, including authoritarian regimes in the United Arab Emirates (UAE), Saudi Arabia and Oman. Such technology can enable security forces to monitor the private activities of groups or individuals and crack down on political opponents. 

The UAE has been involved in programmes monitoring domestic activists using spyware. In 2017 and 2018, British exporters were given four licences to export telecommunications interception equipment, components or software to the UAE.

UK arms export guidelines state that the government will “not grant a licence if there is a clear risk that the items might be used for internal repression”. Reports by Amnesty International document human rights abuses in the cases of UAE, Saudi Arabia and Oman, suggesting that British approval of such exports to these countries is prima facie unlawful.

Arms exports to Saudi Arabia

Saudi Arabia has been accused by the UN and others of violating international humanitarian law and committing war crimes in its war in Yemen, which began in March 2015. The UK has licensed nearly £5-billion worth of arms to the Saudi regime during this time. In addition, the RAF is helping to maintain Saudi warplanes at key operating bases and stores and issues bombs for use in Yemen. 

Following legal action brought by the Campaign Against the Arms Trade, the UK Court of Appeal ruled in June 2019 that ministers had illegally signed off on arms exports without properly assessing the risk to civilians. The court ruled that the government must reconsider the export licences in accordance with the correct legal approach.

The ruling followed a report by a cross-party House of Lords committee, published earlier in 2019, which concluded that Britain is breaking international law by selling weapons to Saudi Arabia and should suspend some export licences immediately.

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WikiLeaks founder Julian Assange leaves Westminster Magistrates’ Court in London, UK, 13 January 2020. (Photo: EPA-EFE / Facundo Arrizabalaga)

Julian Assange’s arbitrary detention and torture

In the case of WikiLeaks publisher Julian Assange — currently held in Belmarsh maximum-security prison in London — the UK is defying repeated opinions of the UN Working Group on Arbitrary Detention  (WGAD) and the UN special rapporteur on torture.

The latter, Nils Melzer, has called on the UK government to release Assange on the grounds that officials are contributing to his psychological torture and ill treatment. Melzer has also called for UK officials to be investigated for possible “criminal conduct” as government policy “severely undermines the credibility of [its] commitment to the prohibition of torture… as well as to the rule of law more generally”.

The WGAD — the supreme international body scrutinising this issue — has repeatedly demanded that the UK government end Assange’s “arbitrary detention”. Although the UN states that WGAD determinations are legally binding, its calls have been consistently rejected by the UK government.

Covert wars

Covert military operations to subvert foreign governments, such as Britain’s years-long operation in Syria to overthrow the Assad regime, are unlawful. As a House of Commons briefing notes, “forcible assistance to opposition forces is illegal”.

A precedent was set in the Nicaragua case in the 1980s, when US-backed covert forces (the “Contras”) sought to overthrow the Sandinista government. The International Court of Justice held that a third state may not forcibly help the opposition to overthrow a government since it breached the principles of non-intervention and prohibition on the use of force.

As Declassified has shown, the UK is currently engaged in seven covert wars, including in Syria, with minimal parliamentary oversight. Government policy is “not to comment” on the activities of its special forces “because of the security implications”. The public’s ability to scrutinise policy is also restricted since the UK’s Freedom of Information Act applies an “absolute exemption” to special forces. This is not the case for allied powers such as the US and Canada.

Torture and the refusal to hold an inquiry

In 2018 a report by parliament’s Intelligence and Security Committee found that the UK had been complicit in cases of torture and other ill treatment of detainees in the so-called “war on terror”. The inquiry examined the participation of MI6 (the secret intelligence service), MI5 (the domestic security service) and Ministry of Defence (MOD) personnel in interrogating detainees held primarily by the US in Afghanistan, Iraq and Guantanamo Bay during 2001-10. 

The report found that there were 232 cases where UK personnel supplied questions or intelligence to foreign intelligence agents after they knew or suspected that a detainee was being mistreated. It also found 198 cases where UK personnel received intelligence from foreign agents obtained from detainees whom they knew or suspected to have been mistreated. 

In one case, MI6 “sought and obtained authorisation from the foreign secretary” (then Jack Straw, in Tony Blair’s government) for the costs of funding a plane which was involved in rendering a suspect.

After the report was published, the government announced it was refusing to hold a judge-led, independent inquiry into the UK’s role in rendition and torture as it had previously promised to do. In 2019, human rights group Reprieve, together with Conservative and Labour MPs, instigated a legal challenge to the government over this refusal–which the High Court has agreed to hear.

The UN special rapporteur on torture, Nils Melzer, has formally warned the UK that its refusal to launch a judicial inquiry into torture and rendition breaches international law, specifically the UN Convention Against Torture. He has written a private “intervention” letter to the UK foreign secretary stating that the government has “a legal obligation to investigate and to prosecute”. 

Melzer accuses the government of engaging in a “conscious policy” of co-operating with torture since 9/11, saying it is “impossible” the practice was not approved or at least tolerated by top officials.

Gallery

A demonstrator dressed in a Guantanamo Bay-like jumpsuit protests outside Downing Street in London, UK, 6 February 2010. Protesters marked the 8th anniversary of Briton Shaker Aamer’s detention in Guantanamo Bay. Aamer had been held in Guantanamo without a charge or trial since his arrest. (Photo: EPA / Andy Rain)

UK’s secret torture policy

The MOD was revealed in 2019 to be operating a secret policy allowing ministers to approve actions which could lead to the torture of detainees. The policy, contained in an internal MOD document dated November 2018, allows ministers to approve passing information to allies even if there is a risk of torture, if “the potential benefits justify accepting the risk and legal consequences”.

This policy also provides for ministers to approve lists of individuals about whom information may be shared despite a serious risk they could face mistreatment. One leading lawyer has said that domestic and international legislation on the prohibition of torture is clear and that the MOD policy supports breaking of the law by ministers.

Amnesty for crimes committed by soldiers

There is a long history of British soldiers committing crimes during wars. In 2019 the government outlined plans to grant immunity for offences by soldiers in Iraq, Afghanistan and Northern Ireland that were committed more than 10 years before. 

These plans have been condemned by the UN Committee Against Torture, which has called on the government to “refrain from enacting legislation that would grant amnesty or pardon where torture is concerned. It should also ensure that all victims of such torture and ill-treatment obtain redress”. 

The committee has specifically urged the UK to “establish responsibility and ensure accountability for any torture and ill-treatment committed by UK personnel in Iraq from 2003 to 2009, specifically by establishing a single, independent, public inquiry to investigate allegations of such conduct.” 

The government’s proposals are also likely to breach UK obligations under the European Convention on Human Rights, which obliges states to investigate breaches of the right to life or the prohibition on torture.

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A mural by Banksy around a phone box in Cheltenham, the home of GCHQ, Britain’s signals intelligence agency. (Photo: Flickr)

GCHQ’s mass surveillance

Files revealed by US whistleblower Edward Snowden in 2013 show that the UK intelligence agency GCHQ had been secretly intercepting, processing and storing data concerning millions of people’s private communications, including people of no intelligence interest — in a programme named Tempora. Snowden also revealed that the British government was accessing personal communications and data collected by the US National Security Agency and other countries’ intelligence agencies.

All of this was taking place without public consent or awareness, with no basis in law and with no proper safeguards. Since these revelations, there has been a long-running legal battle over the UK’s unlawful use of these previously secret surveillance powers.

In September 2018, the European Court of Human Rights ruled that UK laws enabling mass surveillance were unlawful, violating rights to privacy and freedom of expression. The court observed that the UK’s regime for authorising bulk interception was incapable of keeping “interference” to what is “necessary in a democratic society”.

The UK’s Investigatory Powers Tribunal, the body which considers complaints against the security services, also found that UK intelligence agencies had unlawfully spied on the communications of Amnesty International and the Legal Resources Centre in South Africa.

In 2014, revelations also confirmed that GCHQ had been granted authority to secretly eavesdrop on legally privileged lawyer-client communications and that MI5 and MI6 adopted similar policies. The guidelines appeared to permit surveillance of journalists and others deemed to work in “sensitive professions” handling confidential information.

MI5 personal data

In 2019, MI5 was found to have for years unlawfully retained innocent British people’s online location data, calls, messages and web browsing history without proper protections, according to the Investigatory Powers Commissioner’s Office which upholds British privacy protections. MI5 had also failed to give senior judges accurate information about repeated breaches of its duty to delete bulk surveillance data, and was criticised for mishandling sensitive legally privileged material. 

The commissioner concluded that the way MI5 was holding and handling people’s data was “undoubtedly unlawful”. Warrants for MI5’s bulk surveillance were issued by senior judges on the understanding that the agency’s legal data handling obligations were being met — when they were not.

“MI5 have been holding on to people’s data—ordinary people’s data, your data, my data — illegally for many years,” said Megan Goulding, a lawyer for rights organisation Liberty, which brought the case. “Not only that, they’ve been trying to keep their really serious errors secret — secret from the security services watchdog, who’s supposed to know about them, secret from the Home Office, secret from the prime minister and secret from the public.”

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Director-General of the British security service MI5, Andrew Parker, speaks during a conference in Berlin, Germany, 14 May 2018. (Photo: EPA-EFE / Omer Messinger)

Intelligence agencies committing criminal offences

MI5 has been operating under a secret policy that allows its agents to commit serious crimes during counter-terrorism operations in the UK, according to lawyers for human rights organisations bringing a case to the Investigatory Powers Tribunal.

The policy, referred to as the “third direction”, allows MI5 officers to permit the people they have recruited as agents to commit crimes in order to secure access to information that could be used to prevent other offences being committed. The crimes potentially include murder, kidnap and torture and have operated for decades. MI5 officers are, meanwhile, immune from prosecution.

A lawyer for the human rights organisations argues that the issues raised by the case are “not hypothetical”, submitting that “in the past, authorisation of agent participation in criminality appears to have led to grave breaches of fundamental rights”. He points to the 1989 murder of Belfast solicitor Pat Finucane, an attack carried out by loyalist paramilitaries, including some agents working for the British state.

The ‘James Bond clause’

British intelligence officers can be authorised to commit crimes outside the UK. Section 7 of the 1994 Intelligence Services Act vacates UK criminal and civil law as long as a senior government minister has signed a written authorisation that committing a criminal act overseas is permissible. This is sometimes known as the “James Bond clause”. 

British spies were reportedly given authority to break the law overseas on 13 occasions in 2014 under this clause. GCHQ was given five authorisations “removing liability for activities including those associated with certain types of intelligence gathering and interference with computers, mobile phones and other types of electronic equipment”. MI6, meanwhile, was given eight such authorisations in 2014.

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Two cadets from the UK military raise funds for the Royal British Legion on New Market Street, Chorley, UK, 2015. (Photo: Flickr)

Underage soldiers

Britain is the only country in Europe and Nato to allow direct enlistment into the army at the age of 16. One in four UK army recruits is now under the age of 18. According to the editors of the British Medical Journal, “there is no justification for this state policy, which is harmful to teen health and should be stopped”. Child recruits are more likely than adult recruits to end up in frontline combat, they add.

It was revealed in 2019 that the UK continued to send child soldiers to fight in Iraq and Afghanistan despite pledging to end the practice. The UK says it does not send under-18s to warzones, as required by the UN Optional Protocol on the Involvement of Children in Armed Conflict, known as the “child soldiers treaty”. 

The UK, however, deployed five 17-year-olds to Iraq or Afghanistan between 2007 and 2010: it claims to have done so mistakenly. Previous to this, a minister admitted that teenagers had also erroneously been sent into battle between 2003 and 2005, insisting it would not happen again.

The UN Committee on the Rights of the Child expressed concern at the UK’s recruitment policy in 2008 and 2016, and recommended that the government “raise the minimum age for recruitment into the armed forces to 18 years in order to promote the protection of children through an overall higher legal standard”. Parliament’s Joint Committee on Human Rights, the children’s commissioners for the four jurisdictions of the UK, along with children’s rights organisations, all support this call. DM

Mark Curtis is editor of Declassified UK and tweets at @markcurtis30

 

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