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Just One Week Before Jirga on US Troop Immunity, Reuters Finds Afghan Murder Investigation Stymied by Immunity

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With Hamid Karzai’s loya jirga only about one week away, Reuters has published information that adds fuel to one of the major objections to the new Bilateral Security Agreement between Afghanistan and the US that the jirga is meant to bless. Despite clear evidence provided recently in full by Matthieu Aikins that US special forces were involved in the murders of a number of civilians in the Nerkh district of Maidan Wardak province, Afghanistan’s security directorate has had to close their investigation into those deaths because the US will not provide access to the troops who were involved. The current status of forces agreement provides full criminal immunity to US troops and it is widely believed that criminal immunity going forward after 2014 will be the key decision point at the jirga and for Karzai signing the agreement.

For their article, Reuters came into possession of a report from Afghanistan’s National Directorate of Security that was written in September:

Afghanistan’s intelligence service has abandoned its investigation into the murder of a group of civilians after being refused access to U.S. special forces soldiers suspected of involvement, according to a document obtained by Reuters.

/snip/

In the report authored by Afghanistan’s National Directorate of Security (NDS) intelligence agency, investigators said they had asked the United States for access to three U.S. Green Berets and four Afghan translators working with them but were rebuffed.

“Despite many requests by NDS they have not cooperated. Without their cooperation this process cannot be completed,” said the report, which was originally published on September 23.

U.S. military officials were not immediately available for comment but they have long said the Green Berets did not take part in, or turn a blind eye to, illegal killings in Wardak.

Yeah, right. How can the US claim they didn’t turn a “blind eye” when, among the many things Aikins documented, it was clear that Zakariah Kandahari was in Facebook contact with the special forces unit in question while he was officially “missing”?

There has been much posturing over the jirga in recent days, with assemblies of politicians and other leaders being called to both support and oppose any approval of the bilateral security agreement. The Taliban also has weighed in, warning that any tribal leaders voting for the US to retain a presence in Afghanistan will be targets of future attacks.

Of course, the US claims that even though US forces are immune from being charged by Afghan authorities, US troops are subject to the military justice system and that crimes are investigated and prosecuted. However, given the rush to prosecute only Robert Bales on the Panjwai massacre even though it seems quite possible he had help with at least some of those killings, by blocking Afghan access to the remainder of the death squad involved prompts speculation that Kandahari will be the scapegoat for the Nerkh killings, especially since the US continues to maintain that Kandahari wasn’t even officially working for the US.

Will the blocking of Afghanistan’s investigation into these brutal murders be the final straw that blocks approval of immunity and the BSA?

Pitiful “Moral Victory” for ANSF: “Mostly Survived” and “Didn’t Give Back All Gains”

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Maybe ISAF can borrow this tag for vehicles in Afghanistan. (Photo courtesy of myoldpostcards via Creative Commons License on flickr)

Maybe ISAF can borrow this tag for vehicles in Afghanistan. (Photo courtesy of myoldpostcards via Creative Commons License on flickr)

I’ve noted before how the “fighting season” in Afghanistan is viewed by the Pentagon in terms that are eerily parallel to baseball season, but the end of season reviews this year have sunk to a pitifully low level as military leaders cast about for anything that can be viewed as a positive sign to take away from the season that is winding down. In today’s New York Times, the season review has sunk lower than any diehard Cubs fan’s version of “wait until next year”:

Some American and Afghan commanders characterized a kind of moral victory for the Afghan forces: they mostly survived, and they did not completely give back gains from past Western offensives.

True to form, the article opened by presenting the “fighting season” framing:

When the Taliban announced the beginning of their spring offensive, they saw few limits to their ambitions: to kill top Afghan officials across every major ministry, to plot even more infiltration attacks against Americans and to bloody, break and drive off the Afghan security forces who were newly in charge across the country.

Now, Afghan and American officials are cautiously celebrating a deflation of the Taliban’s propaganda bubble, the militants’ goals largely unmet.

With this year’s fighting season nearly over, the officials say the good news is that the Afghan forces mostly held their own, responding to attacks well and cutting down on assassinations. But at the same time, the Afghans were unable to make significant gains and, worse, suffered such heavy casualties that some officials called the rate unsustainable.

So, in other words, the Taliban team was really cocky coming out of spring training and felt like they could win it all. Their arch-rivals ANSF instead played them to a standstill, with neither team making the playoffs yet again. And the ANSF team is in dire danger of being seriously depleted next spring.

The review coming from manager Joseph Dunford at the ISAF team website is no better:

While the ANSF are making real progress in security, the challenges faced by Afghans and the international community are primarily psychological and political. There is still widespread uncertainty amongst the Afghan people and in the region concerning the post-2014 environment. This uncertainty causes unhelpful hedging behavior. The overall perception of security is affected by the Taliban’s high profile attacks (HPAs), which is nothing more than a campaign of fear, murder and intimidation. ISAF’s current focus is to enable the ANSF to emerge from this fighting season confident and credible in the eyes of the Afghan people; this will create the perception of security that will support the political process and lead to successful elections in 2014.

If only that damned commissioner’s office would quit screwing around with league alignment, we’d win it all! Honest!

But all jokes aside, when military sources providing quotes to the Times can only speak of “moral victories” and when the commander of US forces has as his goal “the perception of security”, the battle is already lost.

US Grabs Pakistan Taliban Representative From Afghan Authorities, Preventing Peace Talks

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Afghan President Hamid Karzai recently lashed out at the United States, stating that US insistence on being able to conduct autonomous counterterrorism actions within Afghanistan was a major obstacle to signing a new Status of Forces Agreement (okay, they call it the Bilateral Security Agreement now, but SOFA just has a much better ring to it). A report from the Washington Post yesterday evening provides a perfect example of how the hypocrisy of US forces in Afghanistan is killing any chance of an agreement being signed, as the US consistently brags about Afghans being “in the lead” on virtually all actions and yet when the US wants, it takes arbitrary and brutal action with complete disregard for the Afghan chain of command.

The hubris of this latest insult to Afghanistan is staggering. After months of carefully recruiting a senior figure from inside Pakistan’s Taliban, Afghan intelligence officials were in the process of bringing him into Afghanistan where he was to begin discussions with the security service that could lead to peace talks. It appears that the US stopped the convoy transporting him, grabbed him, and took him to the portion of the prison at Bagram that the US still refuses to turn over to Afghan control:

The United States recently seized a senior Pakistani Taliban commander in eastern Afghanistan, snatching him from the custody of Afghan intelligence operatives who had spent months trying to recruit him as an interlocutor for peace talks, Afghan government officials charged Thursday.

Latif Mehsud, an influential commander in the Pakistani Taliban, was taken into custody by U.S. personnel, who intercepted an Afghan government convoy in Logar province, Afghan officials said.

As might be expected, Karzai is furious. Karzai’s spokesman talked to the Post:

Afghan officials described their contact with Mehsud, thought to be about 30, as one of the most significant operations conducted by their country’s security forces. After months of conversations, the Taliban leader had agreed to meet with operatives of Afghanistan’s main spy agency, the National Directorate of Security, said Aimal Faizi, a spokesman for Karzai, who declined to identify Mehsud by name, referring to him only as a top Taliban commander.

/snip/

“The Americans forcibly removed him and took him to Bagram,” said the spokesman, referring to the military base that includes a detention facility where the United States continues to hold more than 60 non-
Afghan combatants.

There is simply no way that the US could have thought that Mehsud was in Afghanistan to carry out a terrorist attack. He was in a convoy of NDS personnel and word has been spreading that the Pakistan Taliban is interested in peace talks with Pakistan, so the concept of peace talks with Afghanistan also would make a lot of sense.

Keep in mind as well that, even though the drone strike on Wali Ur Rehman was seen by most as revenge for his role in the Khost bombing, Rehman was seen as one of the more moderate voices within the Pakistani Taliban who would have favored peace talks. The Taliban quickly called off the prospect of peace talks after Rehman’s death. Recall that his death came just as Nawaz Sharif, who had campaigned on a platform including peace negotiations with the Taliban, was preparing to take office.

It goes without saying that Pakistan’s Taliban is one of the most violent and disgusting organizations in existence. Continued attacks on polio vaccine workers and threats to attack Malala Yousufzai again if she returns to Pakistan and continues her activism for young girls to have equal access to educational opportunities show them to be the worst kind of terrorists. And yet, somehow, the US has seen fit twice now to intervene and remove from the playing field the voices within this group who seemed in the best position to help lead it out of its most extreme actions and closer to a peaceful position within society.

Somehow, US actions in Pakistan and Afghanistan seem to indicate that the US does not feel that peace talks in the region are in its best interests. What harm would come to the US from peace talks?

Karzai: NATO Caused Lot of Suffering and Death, Yet Afghanistan Is Not Secure

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[youtuber youtube=’http://www.youtube.com/watch?v=-_zHbMa0iJU’]

Last week, we learned that Hamid Karzai’s strong objection to the US continuing to control death squads inside Afghanistan after the NATO mission officially concludes at the end of 2014 seemed likely to scuttle the US and Afghanistan finalizing the bilateral security agreement that is under negotiation. In a further sign that the agreement now appears to be dead, Karzai unleashed some of his strongest criticism of NATO and the US to date in an interview with BBC:

“On the security front the entire Nato exercise was one that caused Afghanistan a lot of suffering, a lot of loss of life, and no gains because the country is not secure,” he said.

He said Nato had incorrectly focused the fight on Afghan villages rather than Taliban safe havens in Pakistan.

/snip/

“I am not happy to say that there is partial security. That’s not what we are seeking. What we wanted was absolute security and a clear-cut war against terrorism,” Mr Karzai said of the Nato campaign.

Unsurprisingly, I have already started seeing grumblings about how ungrateful Karzai is. But really, how could anyone honestly expect him to be grateful for “a lot of suffering, a lot of loss of life”, when these losses have not achieved the stated mission of security?

Because of these bluntly honest remarks, Karzai also will be attacked by US apologists for his corruption. But his response to the widespread corruption in his government also is sobering and in need of consideration by the chattering classes inside the Beltway:

“Our government is weak and ineffective in comparison to other governments, we’ve just begun,” Mr Karzai said. “But the big corruption, the hundreds of millions of dollars of corruption, it was not Afghan. Now everybody knows that. It was foreign.

“The contracts, the subcontracts, the blind contracts given to people, money thrown around to buy loyalties, money thrown around to buy submissiveness of Afghan government officials, to policies and designs that the Afghans would not agree to. That was the major part of corruption,” he said.

“Goodness”, the chattering class will claim, “we never could have anticipated that all those investments in Afghan security could have turned into opportunities for looting”. Yeah, nobody (and that makes John Sopko and his crew into definite nobodies) could have expected all that money to find its way out of the country and into bank accounts controlled by Afghan bigwigs.

Coverage in the New York Times of Karzai’s remarks has this to say about Karzai’s observation that if an agreement cannot be reached, NATO forces “can leave”: Read more →

SOFA Unlikely Due to Karzai’s Objection to Death Squads

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The US has set the end of this month as its artificial deadline for signing a Status of Forces Agreement (SOFA, also Bilateral Security Agreement, or BSA) with Afghanistan to govern the presence of US troops inside Afghanistan after the scheduled end of NATO operations at the end of 2014. The driving force behind this push to have the SOFA in place so far ahead of the end of next year was to prevent a repeat of the embarrassment that the US suffered when it was unable to get the terms it wanted–specifically, full criminal immunity for US troops–in Iraq and wound up withdrawing all troops instead of leaving a force behind after the stated end of military operations.

The news today out of Afghanistan does not bode well for the US to meet its deadline. Although the issue of criminal immunity still seems likely to me to be just as big a barrier in Afghanistan as it was in Iraq, Afghan President Hamid Karzai has raised a different concern that the US seems quite unlikely to address in the way he wants. From Reuters:

But two issues have emerged as potential “deal breakers”, President Hamid Karzai’s spokesman, Aimal Faizi, told reporters late on Tuesday.

One is a U.S. desire to run independent counter-terrorism missions in Afghanistan after 2014, Faizi said. The other was a U.S. refusal to agree to a wide-reaching promise to protect Afghanistan from foreign aggression.

Karzai has long opposed operations in Afghanistan by U.S. special operations forces and the CIA, particularly when they run the risk of causing civilian casualties.

“These things are strongly related to our sovereignty,” Faizi said. “We find it to be something that will definitely undermine our sovereignty, if we allow the U.S. forces to have the right to conduct unilateral military operations.”

Recall that back in February of this year, Karzai grew frustrated with the death squad activities in Wardak province and called for the expulsion of US special forces there. As usual, the reference to “special operations forces and the CIA” means the death squads that the US organizes in Afghanistan (sometimes under the guise of Afghan Local Police) that carry out brutal night raids described as “counter-terrorism” operations.

Faizi is quoted on this issue further in an AFP piece picked up by Dawn:

“The US wants the freedom to conduct military operations, night raids and house searches,” Faizi told reporters late Tuesday.

“According to them, there are 75 Al Qaeda operatives in Afghanistan, which is very strange as this agreement will be for 10 years to have the right to conduct military operations anywhere in the country.

“Unilaterally having the right to conduct military operations is in no way acceptable for Afghans.”

It appears that negotiations on this issue are now being carried out in direct phone conversations between Karzai and Obama. It’s hard to imagine that either will give up any portion of their position, so look for an announcement near the end of this month that the “deadline” has been extended. There already is discussion that the new Afghan president taking office after the April elections will be tasked with finalizing the agreement since Karzai and Obama seem unable to come to agreement.

The second sticking point is also fairly interesting. It appears that in this case, the US is actually showing restraint of a sort, since they don’t want to give Afghanistan wide latitude in determining what constitutes an attack on Afghanistan that would trigger the US responding in defense of Afghanistan. From the Dawn article:

Faizi also said the two sides could not agree on how the bilateral security agreement (BSA) should define an attack on Afghanistan that would trigger US protection.

“We believe that when terrorists are sent to commit suicide attacks here, that is also aggression,” Faizi said.

“We are a strategic partner of the US and we must be protected against foreign aggression. For us and for the US, that’s the conflicting point. We are not of the same opinion and we need clarity from the US side,” he said.

Cross-border skirmishes between various factions in Afghanistan in Pakistan are an ongoing process. In fact, there was a suicide bombing today at the Chaman border crossing that killed at least eight people. Today’s attacker appeared to have come from the Afghan side of the border, but it appears that the US wishes to avoid being forced to carry out attacks inside Pakistan under the guise of the SOFA when a suicide attack originates from inside Pakistan.

Of course, even a government shutdown hasn’t stopped the US carrying out drone strikes inside Pakistan, but that is a different issue entirely and seems to relate more to who has pissed off John Brennan lately rather than who organized a suicide attack.

State Department, US Press Hide Important Karzai Statement on Bilateral Security Agreement

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Karzai addressing his cabinet. Photo is from the web posting of Karzai's statement on the Bilateral Security Agreement.

Karzai addressing his cabinet. Photo is from the web posting of Karzai’s statement on the Bilateral Security Agreement.

Although there really is only one controlling issue in the quest to sign a new SOFA (Status of Forces Agreement) BSA (Bilateral Security Agreement) governing US troops in Afghanistan after official NATO actions conclude at the end of next year, Afghan President Hamid Karzai seems to be taking perverse pleasure in taking sweeping actions and making broad statements that seem to alternately encourage and then discourage those seeking to finalize the agreement. As I explained late last year, the US will keep troops in Afghanistan after 2014 only if they are granted criminal immunity. Without immunity, the US will withdraw fully just as it did in Iraq when immunity was denied there.

Recall that Karzai called for all US Special Forces to leave Maidan Wardak province back in late February. Just about three weeks later, he appeared to relent somewhat and it appears that SOF only left one district. On May 9, Karzai surprised everyone by announcing that the US could maintain nine bases in Afghanistan after 2014, apparently catching the US off-guard. In response, the US claimed they want to house troops at Afghan bases, because there is no desire for permanent US bases in Afghanistan.

Lest those negotiating the agreement get too encouraged by the base proposal, though, Karzai has now placed what appears to be a completely impossible precondition on signing the agreement, but citizens in the US would be hard-pressed to know anything about it. At the State Department briefing on May 17, there was an acknowledgement that Karzai had released a statement, but we don’t learn what Karzai actually said from the exchange with a reporter:

Walitz, do you have something?

QUESTION: Afghanistan.

MS. PSAKI: Mm-hmm.

QUESTION: President Karzai’s office issued a brief statement today that he spoke to Secretary Kerry. Do you have any details on the readout, what were the issues they discussed?

MS. PSAKI: I do, I do.

QUESTION: Thank you.

MS. PSAKI: So Secretary Kerry spoke this morning with President Karzai. They discussed our joint progress on the bilateral security agreement, border issues, and the status of the ongoing peace process. Secretary Kerry also affirmed that he and President Karzai remain committed to the same strategy and the same goal of a stable, sovereign Afghanistan, responsible for its own security and able to ensure that it can never again be a safe haven for terrorists.

QUESTION: Do you know when this BSA will be signed? What’s the status on that?

MS. PSAKI: I don’t have any specific update on that. Again, it’s obviously something that we continue to work on, work very closely on at many levels with the Government of Afghanistan.

So neither Jen Psaki, the State Department spokesperson, nor the reporter referred to as Walitz bothers to actually mention what Karzai said in his statement that was released. Here is what Karzai’s statement says regarding the bilateral security agreement:

On the bilateral security agreement that the United States is seeking to sign with Afghanistan at the soonest, President Karzai has said to the US Secretary of State that Afghanistan would sign the agreement only if conditions of the Afghan people were accepted and the first precondition is to bring peace and to end war in Afghanistan.

President Karzai clarified to John Kerry, it was impossible for the people of Afghanistan to be pleased with signing of the security agreement whereas violence and war continue in the country.

The President said to the Cabinet meeting that the security agreement if signed without the return of peace, and with continuation of violence and bombings means that the people of Afghanistan would continue to suffer every day from blasts, terrorist attacks and foreign invasions.

President Karzai added, the fundamental precondition of Afghans for the agreement is bringing peace, security and stability to Afghanistan if this is fulfilled, then the Afghan people would agree with signing of the agreement with the United States.

Just wow. Karzai has said he will not sign the agreement while “violence and war” continue in Afghanistan, and neither the “press” nor the Department of State “spokesperson” found it necessary to put that particular tidbit into the public record. I can find no reports on Karzai’s statement in the US press. It has been reported by ToloNews in Afghanistan. It would appear that when the State Department gives its own “readout” on a conversation, it is very important to check other original sources for what really took place in the conversation.

[Brief note on dates: the reporter mentions that Karzai’s office released a brief statement “today” that Karzai had spoken to Kerry. From the records I can find, this press briefing took place at 12:30 pm in Washington on May 17, which would be 9 pm in Kabul on the same day. The statement from Karzai’s office that I quote here is dated May 18, so it is unclear whether Walitz had seen the full Karzai statement at the time the question was posed. I can find no reference to the Karzai-Kerry conversation on the Karzai website that is dated May 17.]