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The Two Wars

babar sattar
September 28th, 2008


The two wars

Legal eye

Saturday, September 27, 2008
by Babar Sattar

The Marriottt bombing was another gory reminder that the citizens of
Pakistan are caught in the midst of a vicious cycle of violence and terror,
and our ruling elite seems to be running out of time and ideas to stem the
rot. We are angry at the loss of innocent lives and destruction inflicted on
us for policies and actions for which we share no responsibility or over
which we have no control. US drone attacks, Pakistan army operation, and the
terror tactics of the Taliban and Al Qaeda insurgents have transformed the
entire tribal belt into a theatre of carnage - civilian lives and property
being the prime casualty. Pakistani cities, on the other hand, have been
labelled a legitimate war zone by our homebred terrorists as an act of
reprisal to avenge the security operation in the tribal areas.

As the war games continue to strike civilians who have no control over the
policies and choices of the Pakistani state, the US administration or the
Taliban-Al Qaeda duo, this nation is losing its soul, its spirit, its
honour, security and means of subsistence. The question that continues to
confuse and divide this nation is, whose war is this, after all? Is the
Pakistani army a US proxy, fighting an alien war against its own people? Or
is this an internal war that needs to be waged with unity and conviction by
the Pakistani nation to secure the lives of ordinary citizens, dry up
fountains of religious extremism and hate, and defeat homegrown terrorists
who view the killing of innocent civilians as a legitimate tool to try and
transform the security policy of the Pakistani state?

The less emphasised reality is that there isn't one war on terror being
fought in this region, where Pakistan and the US are antsy allies, but two
separate wars with distinct goals and objectives. One is the US war on
terror that was born out of 9/11. This is aimed at securing the lives of
Americans and to protect them against future attacks from Al Qaeda and its
supporters. In its post-9/11 frenzy, the US homeland security doctrine
underwent a significant change when the Bush administration decided to "take
the war to the terrorists.- - This strategy led the US to bulldoze the
questionable concept of pre-emptive first strike as part of conventional
warfare into the doctrine of self-defence. The US contrived a "coalition of
the willing-- to launch attacks on Afghanistan under the garb of this
expansive concept of self-defence, and that is how this war came to
Afghanistan.

When the attacks were first launched on Oct 7, 2001, they were devoid of UN
authorisation or cover. The same day the US representative to the UN
delivered a letter to the president of the Security Council evoking the
right to self-defence as justification for the strikes to forestall imminent
attacks form Al Qaeda that was training and exporting agents of terror from
Afghanistan. By passing a resolution in support of the new Afghan government
installed after US-led forces routed the Taliban, the UN has merely
acquiesced in the role of NATO and the ISAF in assisting Afghan government
with domestic security. Thus, to argue, as President Zardari did on the day
of his oath, that the US and NATO strikes in Afghanistan are authorised by
the United Nation is to misunderstand the US and NATO mandate in
Afghanistan.

The legality of US or NATO air strikes within Afghanistan that cause
civilian casualties has to be determined under Afghan law, as these forces
are operating within Afghanistan on the request of a national government
recognised by the UN and the world. But NATO and the US have no collective
security mandate in the region. And while strikes within Afghanistan that
indiscriminately claim civilian lives might only be morally abhorrent, any
strikes within Pakistan are also illegal and in clear violation of the UN
Charter. No sovereign nation-state can afford to tolerate foreign military
strikes within its territory that reduce to fiction the concept of its
territorial integrity.

Further, incidents such as the air strike that claimed 13 Pakistani soldiers
manning a border post, the US Special Forces ground operation that recently
killed 20 civilians in Angoor Adda and repeated drone attacks targeting FATA
not only brew anger and hate against the US within Pakistan but also dilute
the nation's conviction to fight the second war that is Pakistan's own. This
second war is the one Pakistan ought to fight against terrorists and
hate-mongers who use an obscurantist religious ideology as their philosophy,
the federal tribal area as their sanctuary, and suicide bomb attacks against
civilians as their strategy to promote their political agendas.

This is our own war that will need to be fought and won to afford security
to the average citizen, establish the rule of law in all areas comprising
Pakistan and allow Pakistan to develop its identity as a progressive Muslim
country. 9/11 might have lit the match and reckless US military actions in
Pakistani territory continue to add fuel, but let us admit that for decades
before the Twin Towers came down we had been gathering timber for the fires
that now rage across Pakistan. There are at least three components of flawed
state policy that contributed to the creation of this security monster that
now engulfs the country.

One, we have kept in place a bigoted approach toward religion (a) by not
creating ample public space to freely debate and develop a national
consensus over the appropriate role of religion in the state, and (b) by
granting general amnesty to anyone purporting to act in the name of Islam,
including those preaching ideologies of hate, collecting charity for jihad,
carrying out vigilante actions to enforce morality or even banning haircuts
and music. Our convoluted politics of religion has allowed religious
extremists to conceive ideologies of hate and propagate them publicly
without any fetters.

Two, our security establishment granted legitimacy to the jihadi project and
elected to use non-state actors motivated by religious zeal to realise the
goals of our national security policy. The jihadi outfits were nurtured,
patronised and harnessed by the state as part of military strategy to
promote Pakistan's geostrategic interests. The project was misconceived
since inception. But there still seems scant recognition of the fact that
the state lacks the ability to decommission jihadis or alter their terms of
engagement in the event that the country's security policy needs to be
altered in view of changing geostrategic realities, as happened after 9/11.

And, three, the tribal areas have fallen beyond the writ of the state since
the birth of Pakistan and over the last 61 years we have done precious
little to integrate them with the rest of the country. A whole generation of
Pakistanis has grown up calling the tribal areas "ilaqa ghair-- (territory
that doesn't belong). It was common knowledge that all stolen vehicles and
abducted individuals would wind up in the tribal area and could only be
recovered through the intervention of tribal leaders upon payment of ransom.
Fugitives from justice were given refuge in FATA under the local tradition
of hospitality, Bara markets were repositories of smuggled goods and the
tribal area was the fountainhead of all drug trade. And yet we are now
alarmed that militants in FATA are challenging the writ of the state.

Our paramount failure in FATA is not that we were unable to keep the
traditional Malik system intact during the post-9/11 turmoil, but that for
six decades we didn't bother to bring our Wild West within the scope of the
Constitution and afford its residents the complete rights, benefits and
responsibilities that citizens deserve. The residents of tribal areas were
never naturalised as citizens bound by national laws and policies. The
collapse of archaic authority structures in the tribal areas and all-out
rebellion against state policy was a disaster waiting to happen and the US
invasion of Afghanistan only precipitated it.

The US war on terror being waged in Afghanistan and Pakistan's indigenous
battle against extremism are two different wars. The US war is focused on
disabling terror networks from launching attacks against US interests and
citizens in the future. Pakistan, on the contrary, is currently under siege
and a declared war zone. The security operation in the tribal areas has
claimed more soldiers than Pakistan's all other wars put together and we
have lost many more citizens to violence since 9/11 than the US did on that
fateful day. We cannot be consumed by efforts to 'do more' and prove our
loyalty to the US cause of impeding future threats to its citizens.

The pain caused by the loss of an innocent life in Pakistan is no less than
that in America. The PPP government needs to wake up to the fact that its
job is to secure the lives of Pakistani citizens and the interests of our
country by fighting our own war against in-house insurgents and terrorists,
with courage and determination, rather than continue Musharraf's flawed
policy of playing second fiddle in the US war. There is a natural synergy
between these two wars, but whether they complement or impede each other
will depend on how carefully strategies are crafted to ensure that the US
war effort in Afghanistan does not undermine Pakistan's effort to curb
militancy within the country. The policies and not just words of the Zardari
government must firmly communicate to the US administration that reckless
military manoeuvres from across the border directly translate into loss of
innocent lives in Pakistan and is unacceptable.

Email: sattar@post. harvard.edu

------------
Babar Sattar
+ 92-321-5171197
sattar@post. harvard.edu

AJURIS, Advocates & Corporate Counsel
51-A, St # 63, F-8/4
Islamabad (Work)

197-D The Mall
Rawalpindi
Pakistan (Home - PK)

70 Canterbury Road
Chatham, NJ 07928 (Home - US)




 

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