This interview was conducted by the Remote Control project. 

Sascha Dov Bachmann, Assessor Jur, LLM (Stel) LLD (UJ), is an Associate Professor in International Law (Bournemouth University, UK), Extraordinary Associate Professor in War Studies (Swedish Defence University, Sweden) and Guest Speaker at NATO School. Outside academics, he served in various capacities as Lieutenant Colonel (German Army Reserve) taking part in peacekeeping missions in operational and advisory capacities. Sascha acted as NATO’s Rule of Law Subject Matter Expert (SME) in NATO’s Hybrid Threat Experiment of 2011 and in related workshops at NATO and national level. He would like to thank Brigadier (Rtd) Anthony Paphiti, former ALS officer, for his insightful comments and discussions.

In this interview, Dr. Bachmann discusses hybrid warfare, its use in Ukraine and Crimea by Russia, and whether NATO is adequately prepared to formulate effective responses to this method of warfare.

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Q. What is ‘hybrid warfare’?

Hybrid warfare as a warfare concept is not new among those practising the art of war. However, contemporary events lead us to argue that today’s hybrid warfare “has the potential to transform the strategic calculations of potential belligerents [because it has become] increasingly sophisticated and deadly”.

Hybrid war is a concept that has emerged shortly after the end of the Cold War and sums up the complexities of modern warfare, which go beyond conventional military tactics, often involving cyberwarfare, propaganda and a fluid, non-state adversary.

The concept of hybrid warfare has been discussed by (mostly US) military writers since the beginning of the 21st century and its recognition as a theory in formal military doctrinal thinking is still not settled. Hybrid warfare may use elements from four existing methods and categories of full spectrum warfare, namely:

• conventional warfare;
• irregular warfare (such as terrorism and counter-insurgency);
• related asymmetric warfare (unconventional warfare such partisan warfare);
• and compound warfare (where irregular forces are used simultaneously against an opponent while being employed by state actors to augment their otherwise conventional warfare approach).

Hybrid warfare builds on existing doctrinal elements and adds the following: evolving war-fighting capacities in the fifth dimension such as “cyber-warfare”; and activities in the so- called information sphere.

Q. Who were the first actors to utilize hybrid warfare and why?

According to Hoffman’s seminal work “Conflict in the 21st Century: The Rise of Hybrid Wars”, it was Hezbollah in its 2006 war with the IDF. Here, a non-state actor (NSA) did utilise war fighting capabilities normally not used by non-state actors such as blending conventional warfighting on the ground and activities in the information sphere. Other examples are Islamic State/Daesh which show a blend of capabilities which blur the line of traditional warfighting: such as the use of suicide bombers, improvised explosive devices, and the use of ‘ground troops’ in a conventional manoeuvre context augmented by strong propaganda/information sphere activities.

Why: because these capabilities are available. Hezbollah (and IS) had and has a substantial potential of rockets/military hardware and is aptly using the possibilities available through social media in the information sphere unknown before. Both non-state actors are also utilising the opportunities of informing public opinion in the West thanks to a growing Muslim population in the West who have cultural and lingual access/connection to these conflicts/the nature of the conflict.

Q. Is hybrid warfare something that states have used?

Russia has used hybrid warfare.

How:

In a Keynote speech at the opening of the NATO Transformation Seminar on 25 March 2015, NATO Secretary General Jens Stoltenberg remarked:

“Russia has used proxy soldiers, unmarked Special Forces, intimidation and propaganda, all to lay a thick fog of confusion; to obscure its true purpose in Ukraine; and to attempt deniability.  So NATO must be ready to deal with every aspect of this new reality from wherever it comes. And that means we must look closely at how we prepare for; deter; and if necessary defend against hybrid warfare.”

Michael Kofman and Matthew Rojansky described Russia’s 2010 Military Doctrine of modern warfare:

“…… as entailing “the integrated  utilization of military force and forces and resources of a non-military character,” and, “the prior implementation of measures of information warfare in order to achieve political objectives without the utilization of military force and, subsequently, in the interest of shaping a favourable response from the world community to the utilization of military force.”

The employment of hybrid methods has been evident from Russia’s activities in Crimea and the Donbas region of Ukraine, with its deployment of “little green men”, namely, soldiers wearing unmarked uniforms that make direct state attribution difficult. According to Mark Galeotti, Professor of Global Affairs at New York University’s Center for Global Affairs:

“The conflict in Ukraine has demonstrated that Moscow, in a bid to square its regional ambitions with its sharply limited resources, has assiduously and effectively developed a new style of ‘guerrilla geopolitics’ which leverages its capacity for misdirection, bluff, intelligence operations, and targeted violence to maximise its opportunities.”

While there may be limitations to the way in which these methods were used in Ukraine, the use of non-attributable military personnel provides expert assistance to an enemy and, even if not directly engaged in hostile acts, provides advice and assistance to those who carry out such acts. Nevertheless, the seriousness of the threat posed by such forces should not be under-estimated. General Breedlove, currently Commander, US EUCOM and the Supreme Allied Commander Europe (SACEUR), is reported as saying,

“if Russia does what it did in Crimea to a NATO state, it would be considered an act of war against the alliance.”

In Ukraine, Russia employed a hybrid strategy by combining irregular warfare and cyber warfare to achieve its strategic objectives. Reuben F Johnson, writing in IHS Jane’s Defence Weekly, on 26 February 2015, considered that “Russia’s hybrid war in Ukraine ‘is working’.” They had combined a substantial ground force of 14,400 Russian troops supported by tanks and armoured fighting vehicles, backing up the 29,300 illegally armed formations of separatists in eastern Ukraine.

Q. Does hybrid warfare hold military advantages for states over conventional warfare?

Russia is winning the hybrid war in Ukraine: it has successfully annexed Crimea, and effectively turned Ukraine into a state on the brink of wider failure. In the process, Russia has successfully divided Western countries on how to respond to this act of aggression. Russia also successfully reactivated its Cold War disinformation mechanisms, successfully blurring reality and fiction for global observers. Russia has uncovered the West’s inability to find a common policy to respond to the unfolding events in Ukraine.

Q. How does hybrid warfare relate to international law? Is this way of waging war covered in current international legal paradigms?

Generally speaking, hybrid warfare does not change the international legal paradigms such as Article 2(4), 51 UN Charter and in the context of NATO, Article V of the NATO Treaty. Whether any form of hybrid attack, alone or cumulatively, amounts to a use of force and, if so, reaches the threshold of an “armed attack” to justify a military response under Article 51 – and what form that response would take – are very difficult questions to answer. They are situation/fact specific. Moreover, attribution may be problematic. In addition, hybrid warfare – with its possible elements of cyber, terrorism, asymmetric warfare etc. – might not reach the threshold of such an attack and hence allow affected states to ‘deny’ the existence of such warfare in order to continue with their diplomatic relations, trade  etc with the ‘aggressor’ state. Such behaviour might undermine existing alliances and weaken international comity.

Q. How prepared, or perhaps unprepared, are NATO for formulating effective responses to hybrid warfare?

NATO is in my opinion well prepared to formulate effective responses given its substantial work undertaken in the context of hybrid threats. NATO recognized as early as 2010 hybrid threats were a new security risk and designed a new NATO Bi-Strategic Command Capstone Concept, describing hybrid threats as emanating from an adversary who combines both conventional and unconventional – military methods to achieve its goals.

In the two years following 2010, NATO drew up a specific threat catalogue, which identifies security-specific risks beyond conventional warfare threats: nuclear proliferation, terrorism, cybercrime and cyber-war, organized crime and its role in drugs, arms and human trafficking, migration, ethnic and religious conflicts, population conflicts due to resource scarcity and globalization.

NATO recognized that these may amount to a concrete threat to the alliance or that it could be authorized by the United Nations, because of their capacity, to intervene. Recognizing this, NATO worked on a related global approach (Comprehensive Approach) in order to counter these risks. This approach envisaged involving state and non-state actors in a comprehensive defence strategy that combines political, diplomatic, economic, military technical and scientific initiatives. Despite intensive work on this approach as part of a “Countering Hybrid Threats” experiment in 2011, the NATO project work in 2012 had to stop due to lack of support from their members. (From our submission to the UK DC)

Given this existing framework/ capstone on how to respond to hybrid threats and the inter-related nature of hybrid threats and warfare, I would like to argue with some confidence that NATO has the capability to formulate an effective doctrinal approach, notwithstanding the initial discontinuation of the work on the hybrid threat concept.

Q. Do you think that hybrid warfare will be the main method of waging war in the future and how do you see the use of this form of warfare evolving?

Hybrid warfare with its various forms such as cyber-attacks, the use and abuse of the information sphere, the use of a holistic mix of conventional and irregular warfare, the exploitation of country specific vulnerabilities, law fare etc, is here to stay due to its obvious benefits to the using power/state/actor: deniability and the possibility of staying under the threshold of an armed attack which would in a likeliness trigger a military/kinetic response. I am convinced that the elements of hybrid warfare will evolve further and will eventually be used by state and non-state actors alike. Whether the overall term “hybrid warfare” for such multi-modal forms of warfare/threats is to stay we will see. Hybrid war’s impact on international law and comity is significant and it will question some of our established doctrines/concepts.

Since the September 11 attacks, the NYPD has seen a rapid expansion into counterterrorism activities. But how effective have these practices been in keeping New York safe?

The New York City Police Department (NYPD) is America’s largest police force and emulated by agencies across the globe. For many, the NYPD represents innovative and effective policing. But in the decade following the September 11, 2001 attacks, the NYPD’s rapid expansion into new counterterrorism practices under ex-Commissioner Raymond Kelly raises important questions about the programme’s effectiveness and the potential harms caused to the department’s legitimacy.

Expanding into Counterterrorism

Kelly’s tenure as Commissioner from 2002 to 2013 was in large part defined by the creation of an aggressive counterterrorism programme to combat Al Qaeda (and now ISIS) inspired terrorism. While supporters assert the NYPD counterterrorism programme’s effectiveness during this period is self-evident because it stopped numerous post-9/11 terror attacks in New York, critics counter that the programme was ineffective, involved significant infringements on civil liberties, made New York City much more militarised, and contributed to the further erosion of police legitimacy in targeted communities. One thing that can be agreed is that the NYPD became the first American police force to spend over a billion dollars and countless man-hours to implement a host of new terrorism fighting measures in the wake of the 9/11 attacks.

How then did the NYPD become seen as the national leader in domestic counterterrorism? The reasons appear straightforward – after the Al Qaeda attacks in 1993 and 2001, and Kelly and his supporters vowed that New Yorkers would be kept safe from future terror attacks. But the evidence suggests the situation was more complex. Indeed, the NYPD adopted a significant role in defending New York City against terrorism amidst already strained relations with the Federal Bureau of Investigation (FBI), America’s traditional lead agency on counterterrorism. Kelly and others asserted that the FBI could not be solely responsible for protecting New York City, which paved the way for the NYPD’s vast expansion into counterterrorism.

Building an NYPD Counterterrorism Model

Insights from former colleagues show Kelly believed the NYPD could create the foot soldiers of its new counterterrorism programme building from the ground up. The programme was structured around what has been described as Kelly’s confidence that effective counterterrorism work was not ‘rocket science’. According to one former NYPD official, Kelly thought effective counterterrorism required neither primary reliance on specially trained elite terrorism personnel nor community-based countering violent extremism officers, but could instead be accomplished through old fashioned police work like recruiting sources, using confidential informants, chasing leads, obtaining search warrants, and following anywhere their information might lead. The NYPD’s initial post-9/11 counterterrorism programme therefore focused significantly on using hard-nosed police work to address the complexities of Al Qaeda inspired radicalisation and plot disruption.

And what NYPD officers did not know about counterterrorism, they could learn. Kelly’s counterterrorism programme was forged through close links with then-current or recent members of the Central Intelligence Agency, including 35-year veteran David Cohen, who sought to blend NYPD know-how with high policing intelligence tradecraft. The data shows that changes within the NYPD’s Intelligence Division and Counterterrorism Bureau included stationing officers overseas from London to Hamburg to Amman, and sending detectives to gather intelligence in Afghanistan, Egypt, Yemen, Pakistan, and Guantánamo Bay, Cuba, among others. The hiring of intelligence analysts with language skills in from Arabic, to Pashto, to Urdu also allowed the NYPD to monitor communications and media accounts that might signal terror threats to New York City. The Intelligence Division also developed independent strategies for identifying vulnerable individuals and potential terrorists. The Intelligence Division also engaged in additional covert surveillance and infiltration operations, the scope and effectiveness of which remain unclear. However, documents leaked in 2011 suggest that the Intelligence Division’s Demographics Unit was likely involved in monitoring and sometimes infiltrating mosques, Muslim-owned businesses, Muslim university associations, community meetings and public libraries, among others. The Demographics Unit was scrapped by Kelly’s successor in 2014. Supporters and critics within and outside law enforcement offer varying opinions about how successful Kelly’s counterterrorism model proved to be.

Measuring Effectiveness

Measuring the true effectiveness of Kelly’s programme is difficult. Much of the information about the scope of potential terror attacks or numbers of vulnerable individuals in New York City remains confidential. But Kelly and his supporters have frequently pointed to 16 allegedly foiled terrorism plots between 2002 and 2013 as evidence of his programme’s effectiveness (as of July 2016 the number stands at 20). Specifics of the thwarted plots cited include plans to detonate explosives on the New York City subway, Times Square, John F. Kennedy Airport, local synagogues, and on the Brooklyn Bridge. Critics, however, have disputed these figures, arguing that the numbers are grossly inflated given that many of these so-called plots did not involve suspects taking substantial actions to put them in motion, and frequently involved entrapment.

Community responses to Kelly’s decade of hard-nosed post-9/11 counterterrorism tactics have been sharply divided. While many New Yorkers supported the NYPD’s aggressive counterterrorism practices, vocal critics including members of New York City’s South Asian, Arab and Muslim American communities, civil liberties groups and even law enforcement officials at other agencies, have argued that the NYPD’s initial counterterrorism model was poorly conceived and ineffective because it was discriminatory, violated civil liberties, and alienated communities with important roles to play in fighting terrorism. Indeed, some went so far as to argue that the NYPD’s approach had actually made New York City less safe from terrorism. The limited data lends support for some of these assertions, as it shows that some members of New York area South Asian, Arab and Muslim American communities became less trusting of the NYPD, less willing to cooperate with NYPD investigations, activities, or less willing to report crimes or suspicious behaviour related to terrorism to the NYPD as a result of its counterterrorism practices during this period.

Conclusion

While the first decade of the NYPD’s post-9/11 counterterrorism programme created under Raymond Kelly remains controversial, it undoubtedly opened the door for local police departments across America to take much more active roles in counterterrorism, roles they will continue to play for the foreseeable future. But the experience of the NYPD’s first decade of its counterterrorism programme should give pause to local policing agencies expanding their duties to include greater terrorism fighting efforts, for it important that they not lose sight of the core Peelian policing tenets of community engagement and community service. For as much as we all share a collective desire to fight terrorism, without police legitimacy across communities, cities may potentially become more vulnerable to terrorism in the longer term.

Dr. Quinlan is a Lecturer in Law and Diversity at University of Sheffield’s School of Law. Dr. Quinlan’s research focuses on policing, terrorism, security and criminal justice, and often involves comparative research between the United Kingdom and the United States. Dr. Quinlan recently completed an empirical study comparing the development of post-9/11 counterterrorism policing programmes in London and New York City. Prior to taking up a role in academia, Dr. Quinlan practiced law in New York City. Dr. Quinlan earned her Doctorate at the London School of Economics and Political Science, her Master of Laws from King’s College London, and her Juris Doctor from Northeastern University School of Law.

With skills and expertise in fighting insurgencies and drug trafficking networks, Colombia’s armed forces are increasingly being sought for engagement in similar security challenges in West Africa. But increasing Colombian engagement gives rise to a number of important questions – not least of which is the goal and expected outcomes of replicating militarised approaches to the war on drugs that have already failed in Latin America.

Colombia has become an exporter of defence cooperation, including operational support, training and capacity building in national security and the fight against insurgencies, drug trafficking networks and terrorism. The skills and expertise of their security forces are in demand and, with strong US support and funding, and through intense diplomatic activism (the ‘Diplomacy for Security’ initiative), the country is building a wide array of bilateral and multilateral agreements for these activities. West African countries suffering from drug trafficking related problems are among the recipients of this support. Although extensive information on these ties and specific programmes is not publicly available, this involvement is evident and therefore raises a number of questions.

Colombian Engagement in West Africa

Between 2005 and mid-2013, Colombia trained 17,352 military staff from approximately 47 countries in various areas of assistance. In 2009, officials from Guinea Bissau, Cape Verde, Gambia, Ghana, Togo and Senegal attended training on operations and intelligence-gathering in Colombia under the auspices of the European Union and the UN Office on Drugs and Crime. The head of the Colombian police then announced that he would send ten anti-narcotics police to Africa, to be based in Sierra Leone.

Colombian and African officials met again in March 2012 in Bogotá at a seminar on transnational organised crime. The same year, the US State Department announced that both countries were providing direct operational support and indirect capacity building efforts to countries throughout the hemisphere and West Africa. And police from 10 African countries, including Cameroon, Guinea Bissau, Senegal and Sierra Leone attended in January 2013 a Colombian National Police-hosted port and airport security seminar.

Colombian involvement in West Africa (and Africa more generally) should not come as a surprise. West Africa is increasingly affected by the illegal narcotics trade and associated problems on governance and security. In this trend there are pull and push factors. It has become a transit hub and intermediate point for drugs making their routes from South America to European and other markets,  at a time when border –particularly maritime – security has improved in some European countries, making it more difficult for drugs to reach their territories using the traditional direct routes. The West African coastline is situated at the shortest travel distance from some Latin American departure points, and networks shifted to it while looking for new routes. From West Africa, drugs can continue to Europe or elsewhere by sea or by diverse land routes. Some countries with problems of territorial and border control, corruption and weak governance have been particularly vulnerable to this shift in international narcotics routes. One case in point is Guinea Bissau, where “the combination of a corrupt and centralized leadership and an inadequate and underfunded justice system in a country riven by upheaval and abject poverty” are among the driving factors.

US Reliance on Colombian forces – Advantageous for Both Sides

The reliance of the US on Colombia to export security policies makes sense for both countries. For the former, it is a way to maintain indirect military support and training programmes at a lower cost and through a reliable partner. “It is cheaper for us to have Colombia do the training than us do it ourselves,” Ambassador William Brownfield (Assistant Secretary for the Bureau of International Narcotics and Law Enforcement Affairs) told Congress, later adding that “it’s a dividend that we get for investing over $9 billion in support for Plan Colombia.” The SOUTHCOM Posture Statement 2014 describes Colombia as a clear example of a sizeable return on relatively modest investment and sustained engagement.

For their part, the Colombian security forces face uncertainty about the future. They have undergone an important growth in personnel (up to 450,000 now) and operational capacities, parallel to increases of a defence budget that reached $12 billion in 2012. Their air power and deployment capacities have become more sophisticated; and the Police now have highly vetted units trained in intelligence-gathering on drug trafficking organizations. A significant part of those advancements can be attributed to US support through Plan Colombia. But this is an untenable situation provided that a peace deal with the FARC has been reached and in the event of a post-conflict scenario. Not surprisingly, they are in search of new missions within and outside Colombia.

US Focus on West Africa… From Narrative to Policies

Africa is for the US “the new frontier in terms of counterterrorism and counternarcotics issues,” according to Jeffrey P. Breeden, the chief of the DEA Europe, Asia and Africa section. The US narrative on this region is one of intertwined and convergent threats and actors, where illicit trafficking feeds the crime-terror continuum and criminal insurgencies become players in illicit markets, using the profits to finance terror campaigns. A member of the State Department remarked that “If we do not act decisively, the region will remain an exporter of terror and a provider of safe havens where terrorists from other conflicts all over the world find refuge, illicit trafficking will continue to expand, (…) and drugs and illicit enterprise will corrode the rule of law and the gains of globalization.”

There is a boom of academic and policy literature about the ‘continuum’ and other modalities of confluence among terrorism, illicit traffic networks and armed conflict. But the relations between these actors are complex, multifaceted and non-linear. Oversimplification of this complexity,  reducing the problem to a ‘merger’ of different types of groups makes an ideal argument to gain media attention and push for kinetic policies and strong military involvement. For the US, any link to terrorism or crime-terror nexus makes it easier to gain political support for engagement. But this ‘merger’ is hardly supported by operational evidence, with cross-overs between terrorist groups and drugs cartels, for example, remaining more like opportunistic agreements and less as structural and permanent. This argument also leaves aside other root causes of crises such as lack of governance, corruption, underdevelopment and marginalisation.

The reason for abundant use of this narrative may be hidden in plain sight. According to the criminal code, US agencies are authorised to pursue and prosecute drug offences abroad provided that a link to terrorism is established, even if there is no connection with US consumption markets. This is the case for West Africa.

In 2011, Ambassador Brownfield led a delegation of senior U.S. officials to West Africa to begin formulating a strategic approach to undermine transnational criminal networks and  reduce their ability to operate. The response is the West Africa Cooperative Security Initiative (WACSI). US counter narcotics assistance for West Africa soared from $7.5 million in 2009 to $50 million each of the past to years, according to the State Department. The budget and operational constraints limiting direct US engagement in West Africa’s drugs and organised crime problems include AFRICOM, an agency that relies on around 2,000 personnel to manage coordination of defence programmes for 38 African countries, plus around 5,000 soldiers deployed at any time. The response to scarce resources increasingly takes the form of reliance on special operations teams and cooperation with close allies, with Colombia playing a prominent role.

Colombia in West Africa: More Questions Than Answers

The strategic partnership between both countries is expressed in several instruments, notably the bilateral High-Level Strategic Security Dialogue (HLSSD), periodic meetings of the Security Cooperation Coordinating Group (SCCG) and the US-Colombia Action Plan on Regional Security Cooperation. These instruments are used to formalise security cooperation activities and assistance programs to partner nations affected by transnational crime, including West Africa.

There is no doubt that the shift in trafficking routes is affecting security in some West African countries. Again, Guinea Bissau is among the most obvious cases, due to the ties among senior government, military officials and criminal groups that have played into upheaval and instability. Northern Mali has experienced drug related violence among armed groups involved in different degrees in the drug trade. Beyond these, the connection between drugs and overt violence is less evident, but a focus exclusively on drugs and violence ignored the important connections of the drug trade and criminal networks with political and business elites. These less studied but structural relationships have potentially grave destabilising effects.

A Colombian cooperation undertaken by the Police (not the military), focusing on capacity building to strengthen national capacities in law enforcement, and improved intelligence and information–sharing mechanisms, could make sense. International cooperation is certainly needed to address this truly transnational problem. But due to the lack of information available, it is not clear what kind of responsibilities different parts of the Colombian security forces (Police, military, intelligence) are currently assuming.

Therefore, the involvement in West Africa raises a number of important questions. The security forces, with US support, have managed well in counter-insurgency but the overall impact of Plan Colombia and associated policies on the illegal drug economy remains doubtful. What kind of capacity building and operational support can the Colombian forces provide in countries at peace, provided that their expertise has been acquired in armed conflict? What insurgencies might be fought in West Africa?

What is the goal and the expected outcomes of replicating ‘drug war’ policies and approaches already failed in Latin America, such as militarisation of the fight against drugs? In particular, one of the unintended consequences of this approach is the ‘balloon effect’, through which crop cultivation, routes and transit points shift to new places as the old ones become more controlled. Indeed, this is already an important factor in current West African problems. In terms of fight against corruption and involvement of powerful figures in the drug economy, the results have been mixed in Colombia (considering both national and regional levels).

Last but not least, all the relative Colombian successes have come at the untenable cost of grave human rights violations. The security forces, particularly the military, remain very active in trying to avoid accountability for past misbehaviour and crimes. In one of the latest scandals in civil military relations, sections of Colombian military intelligence have been found to have spied on delegations of the recent peace process, including spying on the President’s representatives. What kind of human rights and democracy messages are being sent through this US backed Colombian defence activism?

International Law enforcement cooperation can be asset in dealing with criminal networks like those involved in drug trafficking, particularly where corruption and involvement of state officials is a factor. But approaches that confuse different non-state actors, their roles and potential levels of threat and attempt to provide a one-size-fits-all response, generate more risk than certainty with regards to potential outcomes and consequences. Militarised approaches to the drug war and public security have been extensively tried in Latin America with limited impact on the drug trade, while worsening the situation of violence. In the Colombian case, the results have been remarkable in counter-insurgency, but the country is still one of the main sources of cocaine for international markets, and there have been widespread violations of human rights.

These approaches are being increasingly questioned in Latin America and continue to lose support even among high Government representatives and Presidents. Replicating them without further evaluation and careful reflection about what has worked  – and what has not – is not a promising approach. Instead, approaches to drugs and organised crime in West Africa must be based on lessons learned, to avoid the repetition of past ineffective policies and their harmful effects.

Mabel González Bustelo is a journalist, researcher and international consultant specialized in international peace and security, with a focus on non-State actors in world politics, organized violence, conflict and peacebuilding. You can follow her at her blog The Making of War and Peace, her webpage, and Twitter (@MabelBustelo).

Feature image: Colombian Marines, 2009. Source: Wikimedia

Why has the US failed so dramatically in Afghanistan since 2001? Dominant explanations have ignored the impact of bureaucratic divisions and personality conflicts on nation-building in Afghanistan. These divisions meant the battle was virtually lost before it even began.

This article presents alternative findings about US efforts to construct a stable and prosperous Afghan state. It concentrates on the bureaucratic conflict surging beneath the surface of the mission, which compromised state-building goals and bedevilled the implementation of policies across a wide range of issues linked to law and order, development, governance and counter-narcotics. The fact that internal bureaucratic problems were an important explanation for the lack of progress has been underestimated in the current scholarship. With this in mind it is stressed here that the machinations of the agencies and individuals who make up the US foreign policy bureaucracy must be recognised alongside external factors in order to provide a complete picture of the difficulties and frustrations characteristic of US state-building in Afghanistan.

Afghanistan: a twenty-first century state-building project

Afghanistan has been considered the first major test case for state-building in the twenty-first century. From 2001 onwards, there were some significant achievements as a result of efforts on the part of the United States and its allies. A variety of actors collaborated to sink hundreds of wells and construct many health clinics. According to some estimates, death rates among adult males have declined, and access to clean water has helped to curb disease and improve life expectancy. Millions of Afghan children are now enrolled in schools.

But given the vast expenditure of the international community these achievements are underwhelming. Close to a quarter of Afghanistan’s population still do not have access to clean water, and nearly half of Afghan children are malnourished. Hunger is widespread and there is rampant unemployment. Schools lack equipment and sometimes even a schoolroom, and sewerage or electricity infrastructure outside of Kabul is practically non-existent.  Corruption is endemic at all levels of government and brutal strongmen, such as the capricious Gulbuddin Hekmatyar, continue to play a central role in national politics. Afghanistan also remains a narcostate that produces an alarming 90% of the world’s heroin with the Taliban now functioning a veritable drug cartel.

What, then, explains this lack of progress? A smooth transition to Western-style democracy was always an unlikely, given Afghanistan’s ethno-sectarian fissures, economic underdevelopment and institutional fragility. It is now widely accepted that the strength of cultural, religious, and political traditions was underestimated. US insouciance in the years immediately after the invasion, thinly disguised beneath the euphemistic language of having a ‘light footprint’, also contributed to the rise of a ferocious and destabilizing insurgency. This heralded the return of the Taliban as a violent, tenacious and seditious force. In a more general sense, externally generated state-building would have been an ambiguous and difficult process in any country, let alone Afghanistan; the graveyard of empires.

A bureaucratic tangle

All of the above issues have been mentioned in media reports and scholarly works. Less attention, however, has been directed to the fact that the responsibilities of the various actors within the US state remained undefined or ambiguous. State-building was compromised by each agency’s unique culture, interests, norms and past experiences; all of which encouraged particular patterns of behaviour. In Afghanistan bureaucratic conflict circumscribed the capacity of the US government to act as a homogeneous and purposeful unit. The impact of this disorder was widespread, but it was particularly problematic in respect to counter-narcotics, law & order and infrastructure projects.

The US government was not paralysed by the complexity of Afghanistan’s drug problem; however, there was no common conception or understanding of that problem between the relevant parties. During the Bush Administration’s time in office in particular, eradication, interdiction, and the Alternative Livelihoods Program were not subjected to a single calculated counter-narcotics policy, nor was there consensus in regards to the strengths and weaknesses of the three strategies. A lack of leadership from the White House and Congress augmented the capacity of agency rivalry to ensure that the United States failed to pursue a counter-narcotics effort that was united or reflective of Afghanistan’s needs.

The Bush Administration’s approach to Afghanistan’s drug problem was not only ambiguous but also sporadic, and congressional engagement was not simply selective but also obsessive, advocating short-term solutions that revealed a limited knowledge of the situation on the ground (akin to the 10,000 mile screwdriver). Meanwhile, elements within the civilian wing of the US foreign policy bureaucracy, meanwhile, had their own ideas about Afghanistan’s drug problem. The Bureau of International Narcotics and Law Enforcement Affairs (INL) was influenced by its previous experiences in Columbia and elsewhere, so it prioritized eradication above all else.

The Drug Enforcement Administration (DEA) favoured interdiction, but much like the INL, the agency struggled to convince other bureaucratic factions that its conceptualization of Afghanistan’s drug problem was the most accurate one. The United States Agency for International Development (USAID) is an actor not normally associated with drug prevention, and it was more concerned with the preservation and protection of its developmental mandate than using agricultural projects to prevent poppy farming. For the US military, counter-narcotics was only valid if it was subordinate to counterinsurgency, and even then both the Defense Department and the US Armed Forces were reluctant to commit resources and manpower to the task.

The disharmony that plagued the US counter-narcotics program was also characteristic of US efforts to promote the rule of law. US agencies were placed under no significant pressure to initiate rule of law projects by the White House, nor was it in the interest of any agency to spearhead legal reform, given the array of other (often competing) responsibilities that they had already accepted. Other issues took priority: development projects for USAID; diplomacy for the State Department and counterinsurgency for the military. The State Department employed separate contractors and also paid prosecutors on loan from the Department of Justice, who operated independently; while USAID ran its programs through separate contractors. No effort was undertaken by any agency to identify duplicate or conflicting programs and none of them could provide a clear picture of US expenditures.

Competing ideas about how infrastructure development should be undertaken engendered another web of conflict. Namely, USAID’s perspective clashed with that of the rest of the State Department and US military. USAID considered projects that were conducted by the State Department and the military to be out of tune with the ‘developmental reality.’ Its preference for long-term initiatives coupled with a perceived lack of man-power fostered the impression among military officials that it was ineffective and unreliable. Similarly, the relationship between the State Department and USAID was often characterized by indecision and competing priorities, which precluded the two agencies from establishing a united development front.

As the insurgency intensified, the US military and the State Department used their influence in Washington to convince USAID to prioritize road-building and agriculture projects in Afghanistan’s most dangerous provinces: Helmand and Kandahar. Often, but not always, USAID yielded to the pressure of more powerful bureaucratic forces and implemented projects that it perceived to be cosmetic. But in order to fulfil these obligations, USAID relied on contractors. These contractors operated in a nebulous area between the private sphere and the foreign policy bureaucracy. They added another layer of confusion to already divided development efforts. Many of the contractors left an array of unfinished school, roads, power supplies and medical clinics. USAID was criticized by the State Department and the US military for delegating projects to Berger, Chemonics and other contractors, but then failing to sufficiently monitor their activities.

Lessons learned

No single US official or agency is to blame for the problems outlined in this article, but it meant the battle in Afghanistan was virtually lost before it began. To overcome such bureaucratic conflict, more effort—both in Washington and the field—must be directed toward encouraging a whole-of-government approach to complex foreign policy issues. This should involve staff exchange programs, compulsory inter-departmental meetings and a greater emphasis on aligning interests with policy platforms from senior figures within each agency and, most importantly, the White House. Political will and dedication from the US leadership is certainly essential, but government-based training programs must also infuse prospective US public servants with an understanding of the structure and nuances of the foreign policy bureaucracy in order to promulgate practices that encourage empathy and flexibility. Given the criticism the United States has faced for its state-building efforts in Afghanistan and Iraq, it is unlikely that a similar mission will be attempted in the near future. However, US policy-makers should be careful not to forget these experiences; as was the case following the Vietnam war. The United States still considers ‘fixing’ failed states to be an important foreign policy goal. With is in mind, it is probable a situation will arise requiring the mobilisation of resources and agencies towards state-building. In such a scenario, a cohesive intra-governmental front will be help the US to avoid the bureaucratic disorder that pervaded state-building in Afghanistan.

Dr Conor Keane has degrees in law and politics, and a doctorate on nation-building in Afghanistan from Macquarie University. His research interests include counter terrorism, state building, bureaucratic politics and US foreign policy. He has published several articles on these topics in journals such as Armed Forces & Society and International Peacekeeping.