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Asfandyar Mir
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Many analystspractitioners, and scholars are skeptical of the efficacy of drone strikes for counterterrorism, suggesting that they provide short-term gains at best and are counterproductive at worst. However, despite how widespread these views are, reliable evidence on the consequences of drone strikes remains limited. My research on drone warfare and U.S. counterterrorism—some of which was recently published in International Security—addresses this issue by examining the U.S. drone war in Pakistan from 2004 to 2014. Contrary to the skeptics, I find that drone strikes in Pakistan were effective in degrading the targeted armed groups. And, troublingly, they succeeded in doing so even though they harmed civilians.

 

Three Key Findings

I have conducted research in Pakistan and the United States over the last few years, gathering new qualitative data on the politics of the war and its effects on the two main targets, al-Qaeda and the Pakistan Taliban. I have also evaluated detailed quantitative data on drone strikes and violence by al-Qaeda and the Pakistan Taliban. This research offers three important findings.

First, the U.S. drone war was damaging for the organizational trajectories of al-Qaeda and the Pakistan Taliban. I found that after the United States surged its surveillance and targeting capabilities in 2008, both groups suffered increasing setbacks; they lost bases, their operational capabilities were reduced, their ranks were checked by growing numbers of desertions, and the organizations fractured politically. These effects appear to have persisted until 2014. In a related paper, my University of Michigan colleague Dylan Moore and I show that during the drone program in the Waziristan region, violence by the two groups fell substantially.

Second, the U.S. drone war disrupted al-Qaeda and the Pakistan Taliban not just by killing their leaders and specialized rank-and-file members, but also by heightening the perceived risk of being targeted. Across a variety of empirical materials, including some collected through fieldwork, I found that both groups were direly constrained by the fear—a constant sense of anticipation—of drone strikes, which crippled routine movement and communication. In addition, leaders and rank-and-file jihadis regularly viewed each other with the suspicion of being spies for the drone program, which contributed to their organizational fragmentation.

Third, the notion of increased recruitment for al-Qaeda and the Pakistan Taliban due to civilian harm in drone strikes is questionable. In the local battlefield, I did not find evidence of any tangible increase in recruitment. Interviews with some surviving mid-level members of al-Qaeda and the Pakistan Taliban negated the impression that the groups benefited from a stream of angry recruits. Instead, a recurring theme was that they experienced desertions and manpower shortages because of the stress of operating under drones. To the extent that new recruits were available, both groups struggled to integrate them in their organizations because of the fear that they might be spies for the drone program.

 

Beyond Pakistan?

The U.S. drone war in Pakistan is a crucial case of U.S. counterterrorism policy, but it is one of many other campaigns. The U.S. government is waging such campaigns in Yemen and Somalia, and considering an expansion in the Sahara. In my work, I identify two factors which are important for the dynamics evident in Pakistan to hold generally.

First, the United States must have extensive knowledge of the civilian population where the armed group is based. The counterterrorism force needs such knowledge to generate intelligence leads on their targets, who are often hiding within the civilian population. This comes from detailed population data sharing by local partners, large-scale communication interception, and pattern-of-life analysis of target regions from sophisticated drones.

Second, the United States must be able to exploit available intelligence leads in a timely manner. As members of targeted armed groups consistently try to escape detection, most intelligence has a limited shelf life. The capability to act quickly depends on the bureaucratic capacity to process intelligence, decentralized decision-making for targeting, and rapid-strike capabilities like armed drones.

In Pakistan, the United States met these criteria with an abundance of technology and high-quality local partner cooperation. Starting in 2008, the United States mobilized a large fleet of drones and surveillance technologies to develop granular knowledge of the civilian population in the targeted regions. Despite deep political rifts on the conflict in Afghanistan, the Central Intelligence Agency obtained extensive covert support from Pakistani intelligence against al-Qaeda and the Pakistan Taliban, which enabled it to regularly locate targets. With ample targeting authority and armed drones operating from nearby bases, U.S. forces were able to exploit available leads.

In Yemen, however, the United States has struggled to develop knowledge of the civilian population and act on available intelligence. My interviews with U.S. officials and a leaked government document suggest that, until 2013, U.S. forces did not sustain aerial surveillance of targeted regions, the Yemeni state’s capacity in support of operations remained poor, and the targeting rules were stringent.

 

Implications for U.S. Counterterrorism Policy

The U.S. government’s preference for drone strikes is motivated by the desire to prevent attacks against the American homeland. My research suggests that the drone program has the potential to inflict enough damage on the targeted armed groups to upset their ability to plot and organize attacks in the United States.

The United States also deploys drone strikes to manage jihadi threats to allied regimes. In such cases, the political value of strikes depends, in part, on the capability of the local partner. An effective drone deployment can go a long way in providing a necessary condition for restoring order. But the local partner must ultimately step up to consolidate state control.

For example, President Obama’s drone policy degraded al-Qaeda and the Pakistan Taliban, securing the American homeland and substantially reducing the threat to the nuclear-armed Pakistani state. The Obama administration’s policy was sufficient because the Pakistani state was relatively capable and could build on the gains made by U.S. counterterrorism strikes. Indeed, Pakistan’s ground operations, although contentiously timed, consolidated those gains.

In contrast, in today’s Afghanistan, the U.S. government cannot rely on instruments of counterterrorism alone. U.S. officials realize that just degrading the Afghan Taliban and the Islamic State is unlikely to stabilize the country. The Afghan government remains so weak that it will struggle to consolidate territorial control even after substantial degradation of its armed foes.

Finally, a key limitation of counterterrorism strikes is that they cannot alleviate the ideological appeal of jihadi actors like al-Qaeda and the Islamic State. Strikes cannot substitute for efforts at countering online jihadi propaganda and de-radicalization. Thus, they should not be seen as a silver bullet that can defeat armed groups operating from safe havens and weak states.

 

Civilian Protection and Drone Strikes

Civilian harm in U.S. counterterrorism remains a vital challenge. While moral objections to civilian casualties are a powerful reason to reconsider drone operations, my research suggests that strategic concerns, like a surge in local violence or increased recruitment of targeted organizations, are not. In Pakistan, for example, drone strikes harmed civilians while also undermining al-Qaeda and Pakistan Taliban. Similarly, the U.S.-led counter-ISIL campaign in Iraq and Syria was very difficult for the civilian population, and yet also inflicted losses on the Islamic State.

If civilian casualties do not affect the strategic outcomes of counterterrorism campaigns, then the U.S. government must be convinced to protect civilians for purely moral reasons. How responsive might the U.S. government be to such appeals? It is unclear. The Obama administration was not transparent about the use of drone strikes. Under President Trump, the lack of transparency has worsened. Concerned policymakers and human rights activists must continue to push the U.S. government to be more transparent and to protect civilians caught up in counterterrorism campaigns.

 

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Djurdja Jovanovic Padejski
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Erik Jensen is professor of the practice, director of the Rule of Law Program at Stanford Law School, and affiliated core faculty member at CDDRL. In recent years, he has committed considerable effort to building out law degree-granting programs at the American University of Afghanistan (AUAF) through the Afghanistan Legal Education Project. He spent more than a decade in South Asia, focusing on Pakistan and Afghanistan, and working to launch education development projects. Here Erik gives his account of the Aug. 25, 2016 attack on the AUAF in which 13 people were tragically killed, including seven students and one faculty member. In this video, Jensen reflects on this day, which he describes as the most difficult of his life, but at the same time shares an inspiring story of hope and the progress that only education can bring.

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About the Report

In March 2015, the United States Institute of Peace (USIP), Chatham House, and Stanford University's Center on Democracy, Development and the Rule of Law held a two-day conference on “State-Strengthening in Afghanistan 2001–2014: Learning from the Past to Inform the Future.” CDDRL's Erik Jensen and Karl Eikenberry represented CDDRL at this event. This report comprises a selection of papers presented at the conference. One of the papers entitled, "Rule of Law and Statebuilding in Afghanistan: Testing Theory with Practice" was co-authored by CDDRL's Erik Jensen. The papers look back critically at thirteen years of international intervention in Afghanistan, focusing on the impact of state-strengthening exercises on security, democratization, governance, the economy, rule of law, infrastructure, civil society participation, youth development, and women’s empowerment. They describe, from the perspective of Afghan and international policy makers and experts, the immense and often unforseen challenges in rebuilding the Afghan state.

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After an American hostage was mistakenly killed in a CIA drone strike, Stanford historian Priya Satia argues that oversight of and attitudes toward the drone program should be examined in light of continuing civilian deaths in the AfPak region in the April 30, 2015 edition of The Huffington Post.

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Clifton B. Parker
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Russian leaders are grappling with difficult and complex foreign policy choices on Afghanistan in the wake of the U.S. and NATO military exit, a Stanford expert says.

"Russian policy in Afghanistan is at a crossroads, with worsening relations with the West looming against the background of the Russian-Ukrainian conflict," wrote Kathryn Stoner, a Stanford political scientist and senior fellow at the Freeman Spogli Institute for International Studies, in a new article in the journal Asian Survey.

The Soviet experience in Afghanistan in the 1980s left haunting memories in the minds of Russian policymakers, "who have no interest in being trapped again in a war they can neither afford nor win," wrote Stoner in the article, titled "Russia’s 21st Century Interests in Afghanistan: Resetting the Bear Trap."

The Soviet-Afghan War from 1979 to 1989 was called a "Bear Trap" by some Western media, and thought to be a contributing factor to the fall of the Soviet Union.

Power vacuum perils

Stoner said that as the U.S. pullout deadline approached in December 2014, Russia was critical of the arguably hasty retreat of U.S. and NATO forces in Afghanistan. Some troops remained behind in an advisory role.

As she described it, Moscow's leaders thought a sudden power vacuum would leave a variety of threats within Afghanistan – weapons proliferation, corrupt police, a rising drug trade and radical Islamists, for example.

Of the latter, recent news reports indicate the Islamic State group has established a presence in Afghanistan; Russia has urged the United Nations Security Council to stop its expansion.

"On the ISIS vs. Taliban question," Stoner said in an interview, "it is a question of the lesser of two evils, of course, from a Russian perspective."

For Russia, she said, the Islamic State group may be more undesirable than the Taliban in Afghanistan because they are attempting to recruit young Russian Muslims to their cause, which could breed homegrown terrorists who return to Russia with the group's message and training.

"The other issue is that although Afghanistan was brutally ruled under the Taliban, it was more stable than it is currently. Still, neither group is pro-foreigner or pro-Russian especially," she added.

As Stoner wrote, in the interest of stability Russia has expressed possible support for moderate rank-and-file Taliban to be included in the Afghan government.

"Russian leaders point to the fact that heroin trafficking was less under the Taliban than in the past five years under the U.S./NATO coalition," noted Stoner, adding that narcotics were reaching the Russian population.

Meanwhile, Russia is exploring the possibility of moving additional troops to Kyrgyzstan and Tajikistan as well as re-equipping those countries' armies to provide a "defensive zone in Central Asia against Afghan radical or narcotics incursions into the Russian heartland," according to Stoner.

The ideal Russian scenario in Afghanistan would have been for President Hamid Karzai to stay in power and a government of national reconciliation formed with moderate Taliban, she said. That scenario, however, has failed, and Russia will have to cope with an Afghanistan without Karzai.

Choices and a crossroads

Stoner believes Russia is faced with three choices. One is to return to its 1990s policy and support an updated version of the Northern Alliance as a way to create a northern buffer zone that protects its Central Asian allies from any incursions from Afghanistan.

The second is to cooperate with the new Afghan president, Ashraf Ghani, and perhaps a moderate Taliban, in governing Afghanistan.

"The latter strategy could have the advantage of reducing narcotics trafficking, but it risks allowing Afghanistan to again become a haven for radical Islamic terrorists," said Stoner.

Russia clearly does not want another front to open in its war on radical Islam – the Chechen conflict has already produced enough grief for the Russian population and its leadership, she noted.

A third option for the Russians, according to Stoner, would be to continue some degree of cooperation with Western forces in creating a protective zone around Central Asia. The problem for the Russians is that this might bring about a "counterbalancing strategy on the part of China, which would not fit with Russia's strategy."

Besides, it's a long shot, she added, as Russia's renewed conflict with the West over Ukraine has deeply damaged its ability to  cooperate with Western powers in and around Afghanistan.

"There are few reliable indications of which path Russia is likely to choose," wrote Stoner. "One can discern elements of each scenario in Russian statements and actions in Afghanistan."

She explained that Russian leaders want to reassert their country's prominence on the global stage.

"In many ways, Russia is resurgent internationally. It has emerged from the ashes of the Soviet Union not as the superpower it was, but as a formidable regional power that cannot be discounted," said Stoner.

Under Vladimir Putin, Russia seeks to command the respect of the international community, though it can no longer rely on brute military force. Rather, it must today depend on adroit diplomatic or strategic moves to "act as facilitator or spoiler in many parts of the world," she wrote.

This Russian resurgence, she said, has played a role in its policy choices in Afghanistan since 2001. "It wants influence, but not ownership, in Central Asia, and ultimately in Afghanistan," she wrote.

As a result, Russia will act on the margins of the Afghanistan issue, leveraging its power to protect its own security interests in Central Asia.

"Russia has much to lose and little to gain by doing much more. For this reason, Russian policymakers are in the awkward position of not having wanted the Americans to come to Central Asia, but now, not wanting them to leave," she wrote.

Clifton B. Parker is a writer for the Stanford News Service.

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Abstract: Governments around the world have been targeting and killing individuals to prevent them from committing terror attacks or other atrocities. They use this method secretly, sometimes without even taking responsibility for such operations, and without making public most of the relevant information: who is being targeted and what are the criteria for targeting individuals, what evidence is used to make targeting decisions, and what procedures are adopted to identify mistakes or misuse of this method. Recently released documents, such as the U.S. Department of Justice Drone Memo (analyzing lethal operations against U.S. citizen Anwar Al-Aulaqi), the more general White Paper on targeted killings of US citizens, or the Report of the Israeli Special Investigatory Commission on the targeted killing of Salah Shehadeh, shed some light on otherwise highly secretive decision-making processes, thereby introducing to the public debate important information previously unavailable. At the same time, in revealing only a small amount of relevant information, they emphasize the thick veil of secrecy that still surrounds the discussions in this field. Moreover, the information that is available demonstrates the vague nature of the relevant rules; the security-oriented implementation of these rules; and the inadequacy of current oversight mechanisms of targeted killing operations. These challenges to a process designed to take human lives emphasize the need to develop effective and independent accountability mechanisms, with powers to investigate high-level policymakers as well as operational-level decision-makers. This policy-paper proposes concrete solutions to the main weaknesses of the current legal framework: it narrowly (and clearly) defines legal terms such as ‘imminent threat,’ ‘feasibility,’ and ‘last resort’; it develops an activity-based test for determinations on direct participation in hostilities; it designs an independent ex post review mechanism; and it calls for governmental transparency and meaningful oversight. Most importantly, it promotes a targeted killing policy that protects civilians from both terror and counter-terror attacks.

About the Speaker: Shiri Krebs is a JSD Candidate at Stanford Law School, specializing in international criminal and humanitarian law. She was recently awarded the Christiana Shi Stanford Interdisciplinary Graduate Fellowship in International Studies and is a Law and International Security Predoctoral Fellow at Stanford Center on International Security and Cooperation (CISAC).

Her doctoral dissertation focuses on war crimes investigations and fact-finding during armed conflicts. This interdisciplinary research project combines theories and methods from law, psychology, sociology and political science, including online survey experiments.

From 2005 to 2010 Shiri served as legal advisor on international law matters in the Chief-Justice's chambers, the Israeli Supreme Court. During that time she has taught public international law at the Hebrew University of Jerusalem, a teaching assistantship which granted her the Dean's award for excellent junior faculty members, as well as 'best teacher' award. After leaving the Supreme Court, Shiri joined the Israeli Democracy Institute as a researcher, working on 'Terrorism and Democracy' projects, and publishing frequent op-eds in various newspapers and blogs.

In September 2010 Shiri started her graduate studies at Stanford Law School. Her Masters thesis - an empirical analysis of preventive detention cases - was presented in several international conferences and has won the Steven M. Block Civil Liberties Award. 

In 2012, while working on her dissertation, Shiri was appointed as a Teaching Scholar at Santa Clara University School of Law, teaching international criminal law and international humanitarian law. She is currently serving as a Teaching Assistant for the Stanford Interschool Honors Program in International Security Studies. 

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Shiri Krebs JSD Candidate at Stanford Law School, CISAC Law and International Security Fellow Speaker Stanford University
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Karl Eikenberry recently returned from a visit to Rwanda where he lectured military and policy officials from across East Africa at the Rwanda Defence Force Command and Staff College (RDFCSC). Eikenberry, who is a retired lieutenant general from the U.S. Army and the former U.S. ambassador to Afghanistan, was able to apply his experience to help build the capacity of the military and armed forces in post-conflict countries in Africa.

Reflecting on the trip, Eikenberry discussed the role that the military plays in supporting the development of the rule of law in post-conflict societies and how academic institutions can support state-building efforts abroad through knowledge exchange and training programs.

Eikenberry is the William J. Perry Fellow in International Security at the Center for International Security and Cooperation at Stanford’s Freeman Spogli Institute for International Studies. He is also an affiliate of FSI’s Center on Democracy, Development and the Rule of Law as well as the Shorenstein Asia-Pacific Research Center.


What attracted you to this opportunity? 

 

Last summer, I had the opportunity to present on civil-military relations at the tenth annual Draper Hills Summer Program, organized by the Center on Democracy, Development, and the Rule of Law. Subsequently, I was asked by one of the participating fellows from Rwanda if I might visit the country to present to leaders of its armed forces on this same topic. I enthusiastically accepted the invitation extended by the Rwanda Defence Force Command and Staff College (RDFCSC), which opened just three-years ago, to lead a two-day seminar of 47 senior military and police officers from Rwanda, Tanzania, South Sudan, Burundi, Uganda, and Kenya.

We discussed strategy, security policy formulation and implementation, civil-military relations, and counterinsurgency warfare. These were topics relevant to my own professional experiences as a soldier and diplomat having served in post-conflict countries like Afghanistan. Given the challenges that several countries in the East African Community are facing in strengthening their political institutions, providing security for their populations, and improving their economies and peoples livelihoods, I thought I might be able to make a small contribution to the curriculum at the RDFCSC. I also hoped to learn from the faculty and students who have seen and accomplished a great deal over the course of their own 20-30 year careers.

 

What surprised you the most about the experience?

 

I was struck by the fact that many of the military officers participating in this 46-week masters degree course had served on multiple tours of duty in difficult multinational peace enforcement and peacekeeping missions in their own countries and the surrounding region. They had an extraordinary grasp of the political, security, and development problems that their civilian leaders were attempting to solve. Most realized that without regional cooperation that the prospects of their own country prospering were quite limited. So I was impressed with how they viewed security as having both national and collective dimensions. The students were keen to learn about the theory and practice of civil-military relations in democratic countries and some of the best learning resulted from exchanges among the students themselves.

 

What role can the military play in helping to advance democratic development in post-conflict societies like Rwanda, Burundi and South Sudan?

 

Militaries can play several important roles in post-conflict societies, especially those that have been traumatized by civil war fought along ethnic or sectarian lines. First, if the armed forces are inclusive, they can serve as a very visible reassurance to the people that reconciliation is not only possible, but is being practiced. Second, if the armed forces demonstrate a commitment to the rule of law, they can provide an example worthy of emulation to political authorities attempting to establish effective government institutions. Third - and last - capable popular national military forces can eventually suppress and replace the violent unaccountable militias whose existence obstructs social and economic development.  

 

What role can experts from Stanford and other leading academic institutions play in helping to support the development and capacity building of the military in post-conflict societies?

 

I was impressed with how eager the Rwandan and East Africa Community military officers were to learn about the influence of history, constitutional law, political culture, society, missions, and resources on the character of a nation’s civil-military relations. I think the Stanford CDDRL faculty and fellows can contribute much to the development and capacity building of militaries in post-conflict societies due to their breadth and depth of experience. CDDRL collectively has global expertise in political, security, and development issues and brings to the table skills that can prove helpful to those grappling with difficult but important state-building challenges, such as ordering civil-military relations in democratic countries. At the same time, CDDRL can learn much by exchanging views with those responsible for managing change, like the military and police officers whom I spent time with in Rwanda. 

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American Interests in South Asia is the latest in a series of policy books stemming from the Aspen Strategy Group's annual summer workshop. This book provides an intensive exploration of the interconnected national security challenges posed by the events in Afghanistan, Pakistan, and India.

Chapters focus on the lessons from history and balance of power in the region, the current strategy in Afghanistan, the effect of American foreign assistance and private-sector development, and the implications of India-Pakistan relations for the United States. The book also includes a preface by ASG director Nicholas Burns and concluding observations by Harvard University's Meghan O'Sullivan. Together, these chapters seek to further collective understanding of the current issues facing the region and help policymakers find a way to cope with what has become one of America's most pressing security problems.

Contributors include: Samina Ahmed (International Crisis Group), Nancy Birdsall (Center for Global Development), Robert D. Blackwill (Council on Foreign Relations), James Dobbins (RAND Corporation), John Dowdy (McKinsey and Company), Wren Elhai (Center for Global Development), Andrew Erdmann (McKinsey and Company), Nathaniel Fick (Center for a New American Security), Molly Kinder (Center for Global Development), Clare Lockhart (Institute for State Effectiveness), Anja Manuel (The Rice Hadley Group), Michael O’Hanlon (Brookings Institution), and Meghan O’Sullivan (Harvard University).

Foreword by:

Joseph S. Nye Jr. is University Distinguished Service Professor at the Harvard Kennedy School, a former assistant secretary of defense for international security affairs and former chair of the National Intelligence Council. Brent Scowcroft, president of the Scowcroft Group, served as national security adviser to Presidents Ford and George H. W. Bush. 

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