Category: Daniel Serwer

What’s the alternative to a deal?

Not long ago, President Obama’s legacy was said to be up for grabs. He faced three big outcomes with more or less a June 30 deadline: the Supreme Court decision on Obamacare, Congressional approval of “fast track” (trade promotion authority, which allows only an up or down vote on trade agreements without any amendments), and the Iran nuclear deal.

He has now won the first two bets (in addition to housing discrimination and gay marriage). The third however is a biggy, even if the real deadline may be July 9.

So many people have written so many intelligent things about what a nuclear deal with Iran should contain that it is difficult to contribute. But my own personal criterion for whether the deal is acceptable or not is just this: is it better than no deal?

To assess that, we need to understand what no deal would mean. There is more than one possible scenario:

  1. Best case: the Joint Plan of Action is maintained, which would continue IAEA inspections and limits on Iran’s uranium enrichment and stockpiles as well as its plutonium production.
  2. Worst case: the Joint Plan of Action and multilateral sanctions go down the drain, along with IAEA inspections and pursuit of questions about the possible military dimensions (PMDs) of Iran’s past activities.

The worst case is really very bad. It would not be hard for an imperfect agreement to be better than that.

The decision then boils down to whether we can somehow keep the Joint Plan of Action, multilateral sanctions, and IAEA inspections as well as work on PMDs intact if the talks break down.

This issue is path dependent. Maintaining sanctions in particular depends on who causes the breakdown in negotiations. If the US is perceived to reject an agreement that the Russians, for example, think adequate, why would they agree to continue to do their part on sanctions? They might even be inclined to block IAEA inspections as well as its work on PMDs. Even Germany might abandon our cause, which would end European Union sanctions.

So to those who think the diplomacy useless, I say this: without it, you have no chance of avoiding the worst-case scenario, which is patently worse than even a bad deal with Iran. Ditching the talks leaves the US with no other option than war.

That of course is what some people want. Let us suppose that the United States can destroy all of Iran’s key nuclear infrastructure (centrifuges and centrifuge production facilities as well as plutonium production reactor), without suffering any significant military losses or precipitating Iranian retaliation against Israel or American interests in Iraq, Syria and Lebanon (or elsewhere). That’s a giant and highly unlikely assumption, but so be it.

No one I know thinks that would delay the Iranians from developing nuclear weapons for as many as ten years, which is the minimum the nuclear deal claims to do. The best advocates of war can do is to suggest Iranians might overthrow the regime in the wake of war or that we’ll repeat the exercise as needed. But there is no guarantee a successor regime would be any less committed to nuclear weapons than the current one, or that the Iranians will oblige us by rebuilding their nuclear program in ways we will find possible to destroy the next time around.

There are definitely deals that will not fly however. Last week Supreme Leader Khamenei chimed in suggesting that Iran wants sanctions lifted before implementation and verification of its obligations and no IAEA visits to Iranian military sites. Those are deal breakers for the Americans, who should expect an agreement with such provisions not to be disapproved in Congress, perhaps even with a veto-proof majority.

Ray Takeyh in this morning’s Washington Post opposes the deal on the basis that it will give Iran ample resources for its regional troublemaking. But he doesn’t consider the alternatives. Iran isn’t going to make less trouble in the region as a nuclear power, or as one that has suffered an American military attack.

Negotiating leverage comes from your best alternative to a negotiated solution. Those who don’t consider what that is are fated to make big mistakes.

 

 

 

 

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Who let the Black Christian out?

President Obama’s eulogy yesterday at the Clementa Pinckney funeral in Charleston was both strikingly Black in its cadences–not to mention his rendition of “Amazing Grace”–and Christian in his theology, which includes a concept of grace foreign to a Reform Jew like me:

While the occasion was a somber one, the President has good reason for his new-found confidence and connectedness. He has won in the last week a remarkable series of battles:

  • in Congress, he got “fast track” negotiating authority (aka Trade Promotion Authority, or TPA) that will enable him (and eventually his successor) to get an up or down vote on the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP), without possibility of amendment;
  • at the Supreme Court, he won make or break cases on Obamacare subsidies, gay marriage and housing discrimination.

“Fast track” required the President to support Republican maneuvers around Democratic resistance. House Minority Leader Pelosi, who nominally lost, is likely none too upset at the outcome. She got credit from labor unions for resisting TPA, but avoided undermining a Democratic President. The result also liberated Hillary Clinton from the need to take a stand she has been trying to avoid.

I imagine a good number of Republicans feel the same way about losing on Obamacare. They got credit for opposing it but avoided the mess that would have followed annulment of the law. It wasn’t going to help their cause to upset the more than 10 million or so voters who get subsidies for health insurance under Obamacare, never mind the millions  who have stayed on their parents’ health insurance because of the law or wouldn’t have insurance at all because of pre-existing conditions. Ditto gay marriage: Republicans are on the record in opposition but can now accept the decision and avoid surrendering the entire LGBT community to the Democrats.

The Supreme Court victories all depended on more conservative justices crossing the line to support more liberal views. The passage of “fast track” depended on Democrats crossing the line to support Republican views on trade.

So American democracy and justice, which not long ago were thought to be hopelessly deadlocked, have somehow bounced back to make important decisions that by my lights go in the right direction.

President Obama has good reason to feel more confident. Maybe that is what allowed him to let the Black Christian out, despite the likelihood that his audience included many who would not support him on gay marriage. I doubt he’ll have much success on gun control, which was one his memes in Charleston yesterday, but for the moment at least it looks as if the Confederate flag will be coming down in many places, another meme he emphasized.

Politics is war by other means. You win some and you lose some. But this was a winning week for President Obama, who is looking like a pretty peppy, Black and Christian, lame duck.

 

 

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Ransom, publicity and talk

The change of policy on hostages announced today is a welcome one: it made no sense for the US government to be threatening their families with criminal prosecution and even less sense for the government to continue to claim that it refuses to talk with terrorists holding US citizens. The announced formation of a new interagency office to handle intelligence on hostages and improvements in how the government interacts with families are also welcome.

I can well imagine that complaints about the Obama Administration’s handling of hostage families and negotiations are justified. My own family has instructions to go public in a big way if my sometimes perilous travels put me in the hands of kidnappers. In the absence of public pressure my former colleagues at the State Department, where I served for 21 years, and the National Security Council will prefer to claim to be working quietly, and quietly forget I exist.

But we should not be sanguine about the impact of these moves on the frequency with which Americans are kidnapped and the resources available to terrorists. Allowing private parties to pay ransom increases the incentive to kidnap Americans. It will likely also result in the payment of millions to enemies who will spend the money to do more harm to other Americans.

According to the State Department only three private U.S. citizens were kidnapped in terrorism-related incidents in 2014 (one in Nigeria and two in Afghanistan). Based on news coverage, many more Europeans were captured. The New York Times reports that ransom payments bankrolled Al Qaeda to the tune of $66 million in 2013, much of it from European government sources. ISIL in the last year or two has been far more active in kidnapping than Al Qaeda ever was. Both the numbers of Americans kidnapped and the total revenue provided to our enemies will likely increase under the new policy.

The sad fact is that American willingness to allow families to pay will generate greater terrorist focus on Americans, who are presumed to have the means. That of course is untrue of many of us. Nor is the USG prepared to ante up, unlike the Italian, French and other European governments. This puts Americans in a double bind: more likely to get kidnapped than in the past and less likely to pay up relative to other nationalities. The predictable result is more kidnapped and dead Americans, not fewer, at least until the kidnappers get the nuances.

The decision to talk with terrorists, without making any real concessions to them, also provides an incentive for kidnapping, as recognition and status are often among the goals of extremist groups. But this was a policy more honored in the breach than the observance. The US government has been talking with terrorists in secret, sometimes directly and sometimes indirectly, for decades. It will still be necessary to evaluate case by case when talking might be productive, whether of release or delay in harm to hostages.

 

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Libya agonistes

The Council on Foreign Relations yesterday issued an update of my 2011 Contingency Planning Memorandum on post-Qaddafi violence in Libya. Overdue, it is necessarily gloomy. Libya has suffered mightily since the revolution, which has degenerated into an internecine squabble with deadly consequences.

UN efforts to negotiate a solution, which faced a deadline yesterday (the start of Ramadan)  seem unlikely to succeed. Some think the UN is too beholden to the Tripoli-based government; others that it too supportive of its Tobruk rivals. No one sees a likelihood the various militias will come to terms any time soon.

Even if an agreement were to miraculously appear, implementation would be an enormous problem. In yesterday’s update, I suggested the US had to be ready to train and equip as many as 8000 Libyans, which was the intention a couple of years ago when we embarked on (and later abandoned) preparation of a General Purpose Force. But the total required to ensure a safe and secure environment in a country the size of Libya is more like 50-75,000. The European Union and Arab League should bear most of that burden. It is likely to be a long time before we see that happen.

Here are the first couple of paras of my update. You’ll have to visit CFR’s website for the rest:

The potential chaos highlighted by a 2011 Council on Foreign Relations (CFR) Contingency Planning Memorandum, “Post-Qaddafi Instability in Libya,” has come to fruition. Libya today is in the midst of a civil war—one as confusing as it is ferocious. Atrocities against civilians are mounting. The collapse of the Libyan state and the country’s division is possible. This could threaten Libya’s remaining oil and gas production and spark new waves of migration to Europe and neighboring countries in North Africa.

Libya’s transitional road map fell apart in 2012, as the elected parliament and several subsequent governments failed to demobilize, disarm, and reintegrate revolutionary brigades that had fought against the Qaddafi regime. As a result, the brigades aligned with political factions and began to fight each other, killing thousands of Libyans, internally displacing about 400,000 people, and creating a refugee population of one to two million abroad.

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From inside northern Syria

I get lots of email, little of it more interesting than this timely update on the sitution in and near Tal Abyad on the Turkish border in northern Syria, which was liberated from ISIS two days ago. This comes from Bassam Barabandi and Sasha Ghosh-Siminoff of People Demand Change, who have good on-the-ground sources in Syria (I’ve made some minor edits for clarity and readability):

Tensions over Raqqah

The Kurdish and Arab tribal heads from both sides along with the Free Syrian Army (FSA) and the Kurdish People’s Protection Unit (YPG) commanders are meeting today to continue discussing the status of Raqqah. The major dispute surrounds PYD’s claim that Northern Raqqah is part of “Rojave” or the Kurdish autonomous zone that they have claimed in Syria, and whether that means that their forces have the right to control this area militarily. Also it has implications for the areas future such as whether YPG will attempt to change the demography of the area to solidify Raqqah as a land-bridge between Kobani and Hasakah.

More and more tribal fighters from Raqqah have come to join under Abo Essa’s command and will continue to do so, especially if they think their lands will be taken by the Kurds.

Refugees from Raqqah (and especially Tal Abyad) who are in Akcakale [Turkey] have gathered into an informal militia of several hundred armed men in response to the YPG’s announcement that they considered Raqqah part of their autonomous zone. The situation there is very tense. Many of these armed refugees are crossing the border today back into Tal Abyad to support Abo Essa and show the YPG they will not give up their land without a fight. The Turkish Government thus far has not interfered in Akcakale regarding this tense situation. Some Raqqah community leaders went to Akcakale last night and asked everyone to calm down and not to make a violent confrontation in Turkey with either Kurdish refugees or the YPG. Kurdish civil society activists also made calls to Kurdish refugees and youth in Akcakale and pleaded with them sternly to stay out of the streets and not to make a fight with any of the youth from Raqqah.

Ahmad Haj Salah, the first president of the Raqqah local council was beaten by three youth when he was in Akcakale, but his injuries were not serious and he returned to Gaziantep.

Refugees crossing into Turkey not expelled

More civilians crossed into Akcakale, Turkey after the Turkish Government opened the border crossing today at 10am (Turkish time).

Some citizen journalists (Arab) have traveled to Akcakale to interview the Arab refugees fleeing Kobani and Raqqah. So far the responses have been that people are fleeing because they did not want to be caught between YPG and ISIS battles and that they needed food and water and preferred to come to Turkey until the fighting was over and it was clear who is in control of the ground. When asked about the issue of whether YPG had forced them to leave, until now the response was that they left voluntarily and were not forced to leave.

YPG commander had requested some villages in the Tal Abyad suburbs be evacuated by the civilians until the fighting was over. In these villages, civilians complied and left, but this same commander announced that all civilians who were requested to leave can return without fear and no harm will come to them. Some civilians have begun return and the YPG has worked to help a local bakery in the area open back up so the civilians can receive food.

Military situation still fluid

Ayn Essa has been liberated and the surrounding suburbs as well.

Western front is still moving south towards the Tal Abyad-Raqqah highway to cut the road just south-east of Ayn Essa.

 

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Future Serbia

I’ve run into some flak for hosting Serbian Prime Minister Vučić at SAIS last week. Some people think providing an opportunity for someone to speak at a university represents a political endorsement of his views, past and present.

Certainly Vučić has said things in the past that I find odious, most notably this from July 1995:

one hundred Muslims would be killed for every dead Serb

excoriated

I haven’t forgotten. But it is a mistake to harp too hard and too long on the past. My interest in hearing Prime Minister Vučić, and providing him a forum in which he could be heard by others, stemmed from the need to understand his vision of Serbia’s future. I’m not interested in settling scores but in bending the arc of history in a good direction.

What Vučić offered was a glimpse of a possible future Serbia, one that makes a strategic choice for Europe and gives up on the non-aligned balancing act it has performed since the end of World War II. In my book, that would be a welcome development.

Non-alignment lost its real meaning 25 years ago. All the other countries of the Balkans have already opted for Brussels, leaving Serbia surrounded by EU and NATO members and aspirants. Many maintain good bilateral relations with Russia, even while joining in Ukraine-related sanctions. Serbia hasn’t done that, despite its candidacy for EU membership.

The question is what would encourage and enable Serbia to take the necessary steps away from its traditional “non-aligned” stance. Here are some ideas worth consideration.

Internal reform

Serbia has progressed in many respects since the Milosevic era and is now in a position to claim that it is on the road towards democracy and to attracting foreign investment on a commercial basis. But it remains laggard in two key areas: media freedom and rule of law. It needs to up its game in both.

The media issue is not formal censorship but rather informal pressures and even self-censorship, often exercised through politically-appointed editors and fear of losing contracts for valuable government advertizing. In addition, politicians in Serbia frequently attack the medium, not only the message. This cows many outlets into submission–memories of what happened to media moguls who resisted Milosevic’s dominance are still fresh. The media need to be far freer to criticize without fear of retaliation.

Rule of law in Serbia suffers two ailments: slowness and lack of independence. Commercial disputes can drag on for decades. Tycoons and war criminals are too often protected from prosecution. One of the prime suspects in the murder of the Bytyqi brothers, American Kosovars killed in 1999 by Serb security forces, is a member of the prime minister’s political party and serves on its executive board. The courts need to be liberated and encouraged to pursue malfeasance wherever it occurs, provided they follow proper procedures. Read more

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