Overriding Legal Authority in Nation-Building Missions

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An Afghan woman passes by a sign of the New Kabul Bank in the center of Kabul, Afghanistan, Tuesday, March 5, 2013. An Afghan tribunal convicted two top executives of the Kabul Bank, renamed the New Kabul Bank after the scandal broke, and sentenced them to five-year prison terms on Tuesday for their role in a massive corruption scandal that led to the collapse of Afghanistan’s largest bank and threatened the country’s fragile economy. The bank’s former chairman Sherkhan Farnood and former chief executive officer Khalilullah Ferozi were found guilty of theft of $278 million and $530 million, respectively. Farnood and Ferozi have also been ordered to pay back these funds. (AP Photo/Anja Niedringhaus)

Journal of Political Risk, Vol. 3, No.3, March 2015.

By Thomas Buonomo

Throughout U.S. involvement in counter-insurgency (COIN) operations in Iraq and Afghanistan, rampant government corruption has driven continuing instability and hampered U.S. nation-building efforts.[1] Corruption was a major reason for the collapse of the Iraqi military in northern Iraq upon impact with the Islamic State.[2] It is also the reason why Afghans are turning to the Taliban for resolution of their legal disputes.[3]

These are profoundly tragic and frustrating outcomes that can only be precluded in the future in one of two ways: the U.S. must either obtain legal authority from the U.N. Security Councilor, in critical situations, through unilateral measuresto override a host nation’s legal system and hold corrupt actors accountable when local officials refuse. Alternatively, should this approach fail, the U.S. government should refrain from nation-building missions entirely and provide the U.S. military with a mission more closely aligned with its core competency: kinetic military operations.

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China Response to Hacking Indictment Indicates Rash Leadership and Need to Expand NATO to Asia

 

Russia and China are currently conducting naval  exercises near Shanghai. In 2013, Russia and China conducted similar exercises near Vladivostok. From right, China's Yantai Type-054A missile destroyer, Yancheng Type-054A missile destroyer, Wuhan Type-052B guided missile destroyer and Lanzhou Type-052C air defence missile destroyer take part in the fleet review during the "Joint Sea-2013" Sino-Russian joint naval drills at the Peter the Great Gulf near Vladivostok in Russia on Wednesday, July 10, 2013. A Chinese fleet consisting of seven naval vessels participated in the "Joint Sea-2013" Sino-Russian joint naval drills scheduled for July 5 to 12. The eight-day maneuvers focus on joint maritime air defense, joint escorts and marine search and rescue operations. (Photo By Sheng Jiapeng/Color China Photo/AP Images)

Russia and China are currently conducting naval exercises near Shanghai. In 2013, Russia and China conducted similar exercises near Vladivostok. From right, China’s Yantai Type-054A missile destroyer, Yancheng Type-054A missile destroyer, Wuhan Type-052B guided missile destroyer and Lanzhou Type-052C air defence missile destroyer take part in the fleet review during the “Joint Sea-2013” Sino-Russian joint naval drills at the Peter the Great Gulf near Vladivostok in Russia on Wednesday, July 10, 2013. A Chinese fleet consisting of seven naval vessels participated in the “Joint Sea-2013” Sino-Russian joint naval drills scheduled for July 5 to 12. The eight-day maneuvers focus on joint maritime air defense, joint escorts and marine search and rescue operations. (Photo By Sheng Jiapeng/Color China Photo/AP Images)

Journal of Political Risk, Vol. 2, No. 5, May 2014.

By Anders Corr, Ph.D.

China is using a very blunt and escalatory instrument — threatening general deterioration in military relations — to respond to a limited issue of Chinese individuals stealing trade secrets. On May 20, the United States Justice Department indicted five People’s Liberation Army members for hacking United States commercial data.  The remarkable speed with which China responded the following day, and at the highest level, suggests that commercial hacking is an officially-approved state policy on the part of China. The Chinese threat of reduced military cooperation and thereby deteriorating military relations is clumsy in that the Chinese would look better had they simply launched an investigation of the individuals — an investigation that they could later claim shows the indictment as baseless. The broad Chinese threat of deteriorating military relations invites an increase in US military attention to Asia — exactly what the Chinese should be trying to avoid. The clumsiness of the Chinese response to the indictments indicates a rash Chinese leadership prone to irrational military strategies, with consequent market volatility and political instability. The US and its Asian allies should respond with a measured forward deployment of military forces, and redoubled diplomatic energy towards greater alliance cooperation, including between Asian allies and NATO.

For legal and political reasons, the US will not be able to simply withdraw the indictment. It would increase the perception of an increasingly weak US foreign policy. This will lead Chinese diplomats to retaliate in some manner, further decreasing stability between the US and China. Expect mutual diplomatic retaliation to exert downward pressure on the Yuan (compensated by People’s Bank of China buying of Yuan), as well as downward pressure on Chinese stock indexes, including SHCOMP, CSI-300, Bloomberg China-US 55, and HSCEI. Expect Chinese index losses to increase with every additional diplomatic spat that ensues, and to slowly recover during periods of diplomatic quiet. Continue reading