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Articulate for CSS 2022
April 2021 (Volume - 7)
Compiled & Edited by Aamir Mahar
In my last book, “To Dare More Boldly: The Indo-Pacific, not at some future date, but right now.
Audacious Story of Political Risk,” I look at the Expressly because of Xi’s folly, US ties to India
riveting tale of former Chinese Paramount Leader are presently better than they have ever been, as is the
Deng Xiaoping, the most important person of the case for US-Vietnamese relations. Long-term allies
20th century that the average Westerner has Japan and Australia are clamoring to enhance their
absolutely no knowledge of. Deng almost already highly integrated strategic partnerships with
single-handedly changed the course of Chinese and America. The Association of Southeast Asian
world history by (after December 1978) rationally Nations states also want to drift closer to the US. As a
opening up the Chinese system, thereby laying the result of all this, America finds itself in a very
groundwork for Beijing’s astounding economic rise. favorable geostrategic position in the Indo-Pacific,
The genius of Deng, following the chaos of Mao not because of any particularly brilliant Kissingerian
Zedong’s Cultural Revolution, was to re-harness the diplomatic moves on its part, but merely because it is
Chinese Communist Party’s political legitimacy — the recipient of Xi’s strategically disastrous
traditionally called “The Mandate of Heaven” — impatience. But never underestimate America’s
around two forces that are both organically and vexing ability to snatch defeat from the jaws of
indelibly a long-standing part of China’s political victory. At present, in both US political parties’
culture: Capitalism and nationalism. But Deng, even protectionist withdrawal from the world (and here, if
as he re-annexed Hong Kong and Macau, advanced anything, Joe Biden’s Democrats are even worse than
his program in a characteristically cautious, the Republicans), America, for the first time in its
understated way. He understood that foreign and history, finds itself with not one but two protectionist
domestic policy are about limits, and that China’s parties, even as both have fled the mantle of fiscal
overall foreign policy strategy must be indelibly tied responsibility.
to its specific domestic circumstances. For Deng, this These are the political reasons that the US is, in
meant that, just as China was taking off — albeit turn, committing a gigantic geoeconomic blunder,
from a very low economic base — Beijing’s foreign definitively closing off economically from the
policy had to be characterized by caution, almost Indo-Pacific, the most important future economic
quietism. Nothing could be allowed to get in the way region in the world. This is epitomized by both
of economic growth, which Deng knew would at last parties calamitously committing an act of immense
bring China back to the top table of the world’s great geoeconomic self-harm in rejecting the pro-Western
powers within a generation. Comprehensive and Progressive Trans-Pacific
Suffice it to say, this doctrine of geopolitical Partnership trading deal. At the same time, China
quietism has been ruinously overturned by President continues (presently through the guise of the
Xi Jinping, who has instead (in true Communist Regional Comprehensive Economic Partnership free
fashion) tried to hurry history along. Championing trade deal) to further economically integrate with the
China’s resilient rebound from the coronavirus region. From a regional perspective, the lopsided
pandemic it unleashed upon the world, Xi has nature of what both superpowers provide is clear:
become ever more triumphalist in his public Most of the region wants to shelter under the US
statements, even as he has seemed to take on the security blanket, even as they also want to further
whole of the Indo-Pacific region at once. The laundry their booming trade ties with China. At present, given
eastern Ukraine, required a sudden gesture by US application, especially drones and electronic warfare.
President Joe Biden to call his Russian counterpart Putin is making this move as part of the wider
Vladimir Putin on Tuesday to discuss a potential nature of Russian society today. For the president,
summit and a host of other bilateral security issues. 2021 is a key year, as the 30th anniversary of the
The Biden administration, not yet in office for 100 collapse of the Soviet Union falls in December. Some
days, got caught by the bear trap in Ukraine after Russians, including Putin and his coterie, see that
failing to react fast enough. Russia is taking event as the 20th century’s biggest geopolitical
advantage of that “gap,” which is allowing Moscow collapse. This has always been an issue with Putin
to advance its interests quickly and effectively and it is a theme in many of his comments, especially
without immediate pushback by America or its allies. over the past 15 years. Revenge has been on his mind
It is part of an ongoing geopolitical tectonic shift. US for years, as demonstrated in his 2007 Munich speech.
sanctions against Russia for last year’s SolarWinds Moreover, the upcoming 80th anniversary of the start
hack and other actions targeting dozens of people and of the Great Patriotic War and Russia’s historical
entities is a first American response following re-examination of that conflict is also driving the
Biden’s offer of a meeting. The diplomatic expulsion country’s policy toward Ukraine. A US-Russia
of Russians is likely to be met with a tit-for-tat summit could be held this summer or even sooner.
response. There is also a question of whether the Some say it could be in just a few weeks, although
Biden administration blinked or not because of the diplomatic agendas must be set for a cooling-off
Russian buildup in and around Ukraine, with the period to restructure or restart talks. It is notable that
phone call and sanctions coming late. Russia Russian Foreign Minister Sergey Lavrov angrily
interprets Biden’s call as a sign of weakness and called American commentary and actions “boring.”
perhaps Moscow sees its ability to act with impunity More importantly, there is no US National Security
at this moment. Council officer for Russia policy. Russia is taking
To be sure, there is minor back-channeling that advantage of this gap, and others, to gain advantage
occurs between the two sides. The US chairman of in theaters on every continent around the world, with
the Joint Chiefs of Staff uses a deconfliction line with other major moves in Latin America, Africa and
his Russian counterpart. But that line has not been Southeast Asia. Russia’s Arctic reach was also
used publicly for a month or more. Counterterrorism demonstrated last month by the appearance of three
cooperation exists and Russian Security Council nuclear submarines breaking through the polar ice.
Secretary Nikolai Patrushev has hinted that these The optics are to show dominance. Thus, while the
communications are important. However, at the same US dillydallies, Russia is upping its game via vaccine
time, he slapped Washington for “putting biological diplomacy, parliamentary outreach programs, and
labs around Russia.” Russia’s attitude will be on providing services that a new US administration
display next week, when Putin gives a major speech cannot yet offer. With a US-Russia summit, that gap
at Moscow’s Manezh Square. He is expected to speak and previous open areas of disagreement can be
of Russia’s immediate future, events around the restructured to reflect new realities. But the US is still
world, and where Moscow fits into this emerging at a disadvantage. If some of the coronavirus
landscape. The proposed leaders’ summit comes at a pandemic debt tables — as documented in last
time when Russia’s Ministry of Defense has moved month’s US National Intelligence Council 2040
to stay in power until 2036 helps make this Pakistan ranks as one of the world’s ten most
US-Russia summit all the more serious and important climate-vulnerable countries. Being home to the
to get right, with Moscow shifting gears and world’s fifth largest population (220 million), this
accelerating its interests globally. The current vulnerability has immense human dimensions.
US-Russia environment is dominated by questions of Pakistan’s economy remains heavily dependent on
war and peace. (Arab News, April 16, 2021) agriculture. The country also faces serious water
shortages has densely populated coastal spaces, and is
Biden’s invitation to Pakistan susceptible to floods and droughts. All of which
US President Joe Biden has belatedly invited underscore its fragility and makes the initial delay in
Pakistan to participate in the much-touted virtual inviting Pakistan to the summit rather worrisome.
summit on global climate change that is scheduled Before Pakistan had been formally put on the virtual
for later this week. Some 40 world leaders had ‘guest list’, US-based South Asian affairs expert
already secured their place at the table. Those from Michael Kugelman tweeted about how this
South Asia included India, Bangladesh and Bhutan. represented a misstep, for the aforementioned reasons.
Pakistan was conspicuous by its absence. Prime Perhaps the Biden White House came it its senses
Minister Imran Khan tweeted his disapproval, noting after doing a bit of homework. After all, TIME
that his government’s environmental. policies are Magazine in its January 2020 cover, included the PM
driven by sustainability and the commitment to future among the top five global leaders committed to the
generations. To be sure, this was more than mere environment. Following the US withdrawal from the
oversight. After all, Pakistan’s “Ten Billion Tree Paris Agreement on Climate Change, under former
Tsunami” initiative, launched back in September president Donald Trump, Washington has a lot of
2018, had been well received around the world. The catching up to do on this front. By contrast,
initiative in Phase-I is a four-year (2019- 2023) Pakistan’s landmark “Billion Tree Tsunami” project
project implemented across Pakistan by the Ministry has won international acclaim, including at the World
of Climate Change in partnership with provincial Economic Forum (WEC). Foreign office
forest and wildlife departments; at a total cost of spokesperson Zahid Hafeez Chaudhri said that the
Rs125 billon. Yet that was seemingly not sufficient to US virtual moot was bringing together the “leading
win everyone over. As Cameron Munter, a former global polluters” at a single platform to work out
US ambassador to Pakistan, explained during last strategies to protect depleting natural resources and
month’s Islamabad Security Dialogue: “Pakistan has biodiversity levels. Not an international climate
lost a great deal of importance in the minds of the forum to decide future decisions on environmental
leadership in Washington. What that means is that for conservation after all. Pakistan’s Green Stimulus
seventy years Pakistan has been seen by its location package has also been applauded by global experts.
and importance to think. Location as a geo-strategic Launched in the wake COVID-19, it aims to protect
imperative. That question about location has nature while offering green jobs to the ‘guardians of
changed”. Of course, Pakistan’s geo-strategic nature’. At a lecture that this scribe attended in
location proved useful for Charlie Wilson’s war in Boston, Dr Kathy MacKinnon, Chair of the
expelling Russia from Afghanistan. More recently, International Union for Conservation of Nature
Pakistan’s geo-strategic significance is what led it to (IUCN) World Commission on Protected Areas
collaboration with China — including both the regional peace conference, the “expanded troika”, in
developed nations as well as those from the Global Moscow, inviting Pakistan, the US and China to
South. After all, Pakistan’s go-green polices are facilitate dialogue between the Ghani-led Afghan
being picked by up other countries. Saudi Arabia, for government and the Taliban.This was a rare meeting
example, recently announced a 10 billion tree where all the countries were on the same page
plantation programme. It is the right time to build regarding the Afghanistan issue. Russia is playing its
consensus and those vulnerable to climate change role in facilitating the opposing parties in
must take the lead in sharing experiences and Afghanistan to come to an agreement, especially to
offering technical assistance where possible. Pakistan end the civil war in Afghanistan through an inclusive
is well placed to do just that. (Daily Times, April 20, dialogue. Pakistan and Russia anticipate another such
2021) meeting for establishing lasting peace in
Pakistan-Russia relations Afghanistan.One more Afghan-specific meeting is
After a 19-hour visit to New Delhi for meetings with scheduled with Turkey relating Afghan peace process
high officials,The Foreign Minister of the Russian on April 24 which Taliban have refused to attend. On
Federation, Mr. Sergey Lavrov was in Islamabad for the other hand,the US has finally announced
a two-day official visit, the first high-level visit from withdrawal of its forces by September 11, nearly
Moscow since 2015. The visit was dubbed a “new twenty years after its invasion. All the countries in
chapter” in Pak-Russia relations that reflects Russia’s the region are keen to play an active role in the peace
inclination towards Pakistan, especially after the process in Afghanistan after the withdrawal of the US
recent Afghan Peace meeting hosted by Moscow to troops. Russia also hosted several meetings of the
neutralise India’s growing tilt towards the US in extended “troika” related to Afghanistan. One of
various counter-China and counter-Russia initiatives. these meetings was held on March 18, 2021. In this
The Russian Foreign Minister was received from meeting representatives from Russia, China, US and
airport by his counterpart, Shah Mahmood Qureshi. Pakistan along with representatives from High
After conducting delegation-level talks with the Council for National Reconciliation, important
Foreign Minister of Pakistan, he met Prime Minister Afghan political figures and Taliban representatives
Imran Khan and Chief of the Army Staff, General were present. Turkey and Qatar were guests of
Qamar Javed Bajwa. During these meetings,issues honour during these talks. Both Pakistan and Russia
relating economy, strategic and military cooperation support Afghan-led and Afghan-owned peace process
as well as regional dossiers were discussed. Sergey for regional peace and stability.
Lavrov was accompanied by the Russian Presidential During the visit of the Russian Foreign Minister,
Envoy to Afghanistan, Zamir Kabulov. In the joint there was a desire to finalise the North-South Gas
press conference, the Russian Foreign Minister pipeline that has been renamed by both sides last year
expressed his resolve for collaboration with Pakistan in November as “Pakistan Stream Gas Pipeline
in defence, security and energy. Project.” The project is estimated to cost around 2
He also highlighted Russia’s aspiration to offer billion USD with an annual capacity to transport 12.4
Pakistan special military equipment and help in its billion cubic feet of gas from Karachi to the north of
counter-terrorism efforts. The growing bilateral the country.This is one of the biggest collaborations
relationship between both the countries in diplomatic, between Pakistan and Russia since the former Soviet
Punjab. It is expected that the pipeline will be learning which processes huge amount of data to
operational by July this year. This important project detect relationships and patterns that humans are
will help Pakistan to fulfill its energy needs in a often unable to detect. Deep means the number of
better manner and will provide a big market to the layers. AI and machine learning is enhancing the
Russian companies. In terms of strategic hardware and software within computers and smart
cooperation, Russia will support Pakistan in phones thus making our lives easier with every
acquiring new military equipment to strengthen update. “An average individual looks at his/her
Pakistan further to fight terrorism. The Russian mobile phone for more than 2.5 hours and makes
Foreign Minister also announced to have joint about 35,000 decisions in a single day”, writes Ralf
military and maritime exercises with Pakistan. Lianasas, a tech writer and digital marketing expert.
Pakistan and Russia also share interests in Shanghai Mobile phone marketeers study behaviours of mobile
Cooperation Organisation. Both countries have phone users to find out customers’ needs. Mobile
deep-rooted military and strategic ties as well.In the phones are now designed to conduct AI tasks
rapidly changing international and regional security efficiently. Only three per cent phones had this
milieu, Pakistan is adjusting and exploring new capability in 2017, but in 2020 it was 35 per cent.
avenues for new alliances and relationships to secure According to various studies, an average smart phone
its regional and global interests. The new phase in has around one dozen sensors like accelerometers,
relations between Pakistan and Russia is a good GPS, microphone, camera, etc. For years, mobile
omen in this regard. (Daily Times, April 19, 2021) phones have been gathering data on us through these
sensors. The camera, AI and machine learning
Artificial Intelligence and Human intelligence algorithms are capable of recognizing owner’s face.
The day may not be too far away when we may May be one day, the 35,000 decisions or at least some
be faced with the challenge of rivaling with Artificial of them that the owner makes will be taken over by
Intelligence (AI). We Will be forced to determine if the phones.
AI is help or hinderance?. A very large number of Now more and more mobile phones incorporate
organizations and companies around the world are processors with deep learning based on neural
focusing on AI because it promises to transform the networks. A neural network seeks to initiate
world. Some forecasts say that in a few years’ time, functioning of the huma brain. This network can
this technology could outpace human intelligence. detect patterns and make decisions based on them.
Huge amounts are being spent and research being However, currently only 10 per cent smart phones
prioritized for possible benefits and risks of AI. In have built in deep learning capacity, a feature that is
fact, AI is not a new phenomenon as it has been in forecast to reach 80 per cent by 2022. Most people
practice in one form or the other since the early fifties. ask if AI can change the world with the innovations
There have been movies on robots performing currently in vogue in many countries? In the years to
various tasks like humans and we have been reading come, the AI technology could even replace human
fictions depicting the future world. Now, the topic is intelligence. May be within 30 years, we will have
real and popular. But what is AI? Simply stated, AI is flying cars, as huge amounts are being invested in
the science and engineering of making computers and this technology. In the field of autonomous or
machines that would think as intelligently as humans. self-driving cars, according to Allied Market
on erecting next-generation cities for autonomous Seeking Chinese assistance in this field would be a
cars besides aggressively working in 5G networks. wise step. (Daily Times, April 15, 2021)
For many years now, robots have been used across a Democracy needs sustained dialogue
wide range of industry. With AI, work is being done Even at the best of times, democracy is a tough
effectively by employing robots in other areas like balancing act. It is easy to forget the shared purpose
security of installations and defence fields. However, and destiny that bind a nation together as grievances
developing completely intelligent robots is a gigantic and belligerence drive people poles apart. It’s a hard
task, especially, when they must sense and negotiate challenge to protect democratic values and principles.
the environment in which they are operating. With A vibrant democracy needs constant public action,
the speed of development, very soon robots may be engagement, and vigilance. There are powerful
working alongside humans to complement each lessons from the violent events in Washington. The
other’s strengths. The US Air Force Research Lab is dilution of democracy can happen slowly, over years,
working on building robots that will be co-pilots in in small gradual pieces: mean-spirited politics,
fighter jets and will take over if the pilot becomes extreme political polarization, warring partisan
incapacitated. Drones that are being developed would factions and rancorous citizen engagement. These
be capable of making decisions while flying over the days there are few things that we can probably agree
target rather than being controlled remotely from the on across the political spectrum. One is that open
operation room. There have been significant debate is vital for a healthy democracy. The other is
advances in curing serious diseases by discovering that inflammatory, divisive, and vicious language can
appropriate drugs. The AI speeds up the process poison the civil discourse.
because it can identify complex patterns. However, The 2020 US Presidential election showed this.
when all is said and done, there is a danger of Despite the confrontational tone, the debates offered
significant technological unemployment because voters a contrast between the candidates. But former
machines will be as intelligent as humans and they President Donald Trump’s false allegations of “stolen
will take over most professions. The expectation is election victory” and “outrageous electoral fraud”
that robots will outperform humans. There is, stirred up resentment among his supporters. It incited
therefore, a need to explore how this transition from them to attack the Capitol Building. As the Trump
the present mode of working to AI based modes will experience showed, the system can go off the rails
take place. What would need to be done to replace when leaders attempt to grab power at any cost. The
present human skills with the ones that would work disrespect for opponents and institutions created
alongside machines. It is vital to innovate and create conflict. And ratcheting up provocation, paranoia,
interface with computers and upload our minds to and disinformation broke democratic norms.
computers so that human and machine intelligence Reasoned debates based on thoughtful positions
can multiply. backed by evidence are important. It’s the free
In Pakistan, it is heartening to note that there is communication of thoughts and ideas through
now greater awareness of the changes that AI would dialogue that sets democracy apart from totalitarian
bring to us. Some of our universities are now offering systems. The forceful presentation of contending
training in AI which would produce the required political philosophies is essential. But there’s no
human resource to work in this field. Pakistan has question that undiluted propaganda, divisive slogans
troop withdrawal is an essential element of any Now, with the departure of establishment figures
agreement. Now, as then, U.S. officials seek a such as former U.S. National Security Adviser H. R.
“decent interval,” in the phrase coined by Henry McMaster and former U.S. Secretary of Defense
Kissinger, national security adviser to U.S. President James Mattis, Trump has again set out, in his words,
Richard Nixon, between the departure of the United to extricate the nation from these “endless wars” and
States and the fall of its allied government. “bring our folks home.” The foreign policy
“You have the watches,” an Afghan insurgent told an establishment and some more hawkish senators, such
American reporter, “we have the time.” For all that, as Lindsey Graham, the Republican from South
the two wars are also strikingly Carolina, have sought to obstruct or at least delay the
dissimilar—beginning with their entirely president’s plans and sustain the commitment in
incomparable scale. U.S. troops in Vietnam peaked at Afghanistan. The ignominious end to the war in
slightly more than half a million, of which more than Vietnam haunts this discussion. Many Americans
58,000 were killed. The United States has committed retain indelible images of North Vietnam’s
barely a fifth the forces to Afghanistan and has lost devastating final offensive against the South, the
fewer than 3,000. Of course, the enemy is complete collapse of the Saigon government and its
incomparable, too. North Vietnam was a formidable army, and the desperate, belated efforts of Americans
foe with one of the world’s largest armies and and South Vietnamese to escape the onslaught. For a
substantial outside support from the Soviet bloc and nation accustomed to victory in war, such memories
China. The U.S. enemy in Afghanistan is mainly the are searing. Would a withdrawal from Afghanistan
Taliban insurgents, a far smaller military force look like Vietnam and have similar consequences for
backed mostly by Pakistan. No great power rivalry Afghans—and Americans? At this point, the details
adds complexity or cost to the Afghan war. The war of the agreement under negotiation are unsettled. The
in Vietnam provoked an outcry at home that would Taliban seeks an early withdrawal of U.S. troops; the
define a legacy shared by no U.S. war before or since. United States favors a process that could take up to
By the time the Paris peace negotiations began in three years. U.S. negotiators seek guarantees from the
earnest in 1972, that war was deeply and Taliban that terrorists will not again use Afghan
irredeemably unpopular in the United States. territory as a base from which to strike the United
Domestic pressure left Nixon and Kissinger, his chief States. There is no way to ensure that the Taliban
negotiator, little choice but to settle quickly for the would keep such a pledge, but the group apparently
best terms possible. In part because of the rift has its own concerns about al Qaeda and the Islamic
Vietnam opened in the American social fabric, the State (also known as ISIS), both of which have nests
United States has fought in Afghanistan with a scattered across Afghanistan, and might seek to
volunteer army, employed far fewer troops, and curtail their activities for its own reasons. The
sought to keep casualties low. There have been no agreement includes a provision for a cease-fire,
war taxes to rile the public, no street demonstrations which would likely hold only as long as the various
to rattle decision-makers. Media coverage has been parties in Afghanistan want it to—perhaps not long.
limited and boosterish. Polls show that a solid In Vietnam, the Saigon government broke the
majority of Americans think the war was a mistake, cease-fire before the ink on the 1973 agreement was
doubt that progress is being made, and want to get dry; North Vietnam was not far behind. We can’t
at worst. Nonetheless, Vietnam may offer some Afghanistan seems improbable. The most the
useful lessons for postwar Afghanistan. For instance, withdrawal might do in terms of domestic politics is
Nixon deluded himself into thinking that the promise widen the intraparty rift between Trumpian
of economic aid and the threat of renewed bombing nationalists and mainstream Republicans and sharpen
would give him leverage over North Vietnam after the already discernible public weariness with costly
U.S. troops withdrew. In reality, the Watergate and interminable conflicts abroad. A survey
scandal and fierce opposition in Congress and the commissioned by the Eurasia Group Foundation in
country to any form of reintervention tied his hands. 2018 shows that a majority of Americans favor a
Even without Watergate, Nixon would likely not more nationalist approach that prioritizes urgent
have been able to forestall North Vietnam’s victory. needs at home over costly campaigns to remake the
In Afghanistan, similarly, the United States will have world in America’s image. This represents a shift in
little influence on events on the ground after it has attitudes away from public acceptance of a more
left. The reintroduction of troops seems highly interventionist policy in the aftermath of 9/11 and
improbable; the most the United States might do exposes a widening gap between the views of the
would be to attack terrorist bases with bombs and public and those of foreign policy elites—a gap that
missiles, as it has done in Syria and elsewhere. leaders will have to address when framing future
Vietnam should remind us of the costs of wishful policies.
thinking in the final stages of war. Vietnam should The options before the United States today are
also remind us of the costs of wishful thinking in the familiar ones. Washington could escalate in hopes of
final stages of war. In the spring of 1975, U.S. winning the war; it could persist just as it has so far,
Ambassador to South Vietnam Graham Martin inviting a prolonged stalemate; or it could put an end
stubbornly refused even to plan for withdrawal, for to a failed venture that has lasted 18 years and whose
fear of encouraging the enemy and discouraging the long-term costs may run to trillions of dollars. The
South Vietnamese—a stance that made the U.S. choice seems obvious. The United States must
departure more chaotic than it might have been. A abandon its fixation with abstractions, such as
quiet, well-planned, orderly withdrawal from credibility or the fear of appearing weak, and act
Afghanistan would look much different from a instead on the basis of common sense. The most
Vietnam-like exit under extreme duress. And it enduring lesson of Vietnam—and Afghanistan—may
would militate against the “Afghanistan syndrome” be that there is no good way out of a bad war except
that many foreign policy analysts fear. Another to end it. (George C. Herring, Foreign Affairs)
lesson from Vietnam is the critical importance of
consulting with U.S. allies well in advance of
departure. Nixon’s announcement of U.S. troop Pakistan's Lawfare Dilemma
withdrawals from Vietnam just hours after informing Lawfare is defined as the theory and practice of
allies of the decision deeply antagonized several of the use of international law as an instrument to
those governments. Australia, the most zealous U.S. advance one's own interests. Orde Kittrie’s book on
ally at the start of the war, responded by disengaging ‘Lawfare’ defines it as the use of law as a weapon of
from Vietnam even more rapidly than the United war. As per Aurel Sari, the world has retreated from
States. The Trump administration should avoid liberal internationalism and Kantian multilateralism
human shields by ISIS to exploit Western countries’ in international law to declare the Indian army as an
compliance compulsion with International occupation army needed to be highlighted in the form
Humanitarian Law (IHL). Offensive lawfare with an of a formal invocation to the UN Security Council.
elegant variation on Clausewitz’s phrase is “the Human rights violations by an occupying force
continuation of politics with legal means”. Examples become war crimes as per international law and
include the denial of legal protections to terrorists in Pakistan has a strong case to prove the Indian army as
sanctuaries. These sanctuaries can be in the realm of an occupation force.
physical, virtual (internet, media, and global financial The use of pellets by Indian security forces in
system), social, and legal. Domestic laws like the Kashmir is a grave breach of human rights law,
Anti-Terrorism Act 1990 in the US that imposed civil equivalent to a war crime. Similarly, the Indian
liability on individuals as well as organizations army’s forced entrance into private residences,
supporting or indulging in terrorism are an example detention of victims and their torture is a war crime.
of offensive lawfare. As per Article 427 of the UN International Covenant
UN Resolution 1267 imposing a sanctions’ on Civil and Political Rights (ICCPR) as well as
regime against those supporting Al-Qaeda and Human Rights Watch (HRW), state sponsored
Osama bin Laden is another example of offensive militias should abide by IHL. India is clearly in
lawfare. Together with Resolution 1373, that called violation of the above law in Occupied Kashmir. Just
for prevention of terrorist funding and support, these look at the post-Covid scene inside Occupied
two constituted an offensive lawfare strategy against Kashmir. With the poor citizens kept in a constant
terrorism. A state which accepts international law is state of security lockdown sans internet and other
bound to abide by those obligations. Countries that communications, the Indians are in violation of
sign these obligations but fail to bring their domestic Article 56 of Fourth Geneva Convention. Indian
laws in compliance with international law earn failure to facilitate international relief efforts in a
international censure and isolation. Pakistan’s pandemic zone and their failure as an occupation
discomfiture at the hands of the Financial Action force to honour their obligations vis-a-vis health and
Task Force is also a result of the above policy security constitute an egregious breach of
dissonance wherein international law obligations international law. As an offensive lawfare option,
were accepted by Pakistan but domestic laws were Pakistan needs to collect evidence of Indian human
not enacted to ensure compliance. Pakistan’s record rights violations and document them so as to be
in lawfare is far from enviable as it has failed to categorized and presented as war crimes in
frame countries like India that violate international international fora like the UN Human Rights Council
law with impunity in Indian Illegally Occupied and General Assembly. Kashmiris should be helped
Jammu & Kashmir (IIOJ&K) or Occupied Kashmir. in invoking the ‘universal jurisdiction’ clause of the
Some of the weaknesses include the lack of proper domestic laws of countries like the US, UK,
expertise, inadequate resources, and absence of a Argentina, Australia, Germany, Belgium, Canada,
central hub coordinating national lawfare efforts. Norway and Sweden. The evidence collection efforts
Pakistan’s greylisting in the FATF is also related to a should be instituted under a legal statute through any
weak understanding of international law strictures university or its affiliated Area Study Center’s
emanating from UN Resolutions 1267 and 1373. The Charter Act. A vice chancellor can notify a
work in an altered 2018 environment. Apart from San Suu Kyi's leadership and Myint Swe's
capacity building, Pakistan should be careful in government, Gen. Min Aung Hlaing said it has a
accepting international law obligations that it cannot constitutional mandate to save democracy. Aung San
fulfill. Capacity building of our international lawyers Suu Kyi was accused of fraud in the November 2020
and creation of a strong central hub at the national election, political bribery, violations of health
level for coordinating the lawfare efforts is no more a protocols and the natural disaster management law,
strategic choice but a national security imperative. and accusations of leaking state secrets due to her
(The News, April 18, 2021) proximity to China. However, the coup, which was
expected to last for a short time, has snowballed into
Political calculations to settle Myanmar crisis a resistance movement making Myanmar chaotic and
Since the military forcibly seized control and unstable. Internally, the wave of protests has spread
forced the exit of the National League for Democracy widely, people have fled across borders to seek
(NLD) from the government on February 1, the refuge in neighboring countries. Externally, the
socio-political conditions in Southeast Asian nation international community has reacted to the military
Myanmar have again moved towards uncertainty. junta's violence. Companies connected to the junta
The coup, led by the head of Tatmadaw -- the were frozen, foreign investment was stopped, and
national armed forces – Gen. Min Aung Hlaing several countries called their diplomats back.
shortly after Aung San Suu Kyi's NLD won the Criticism also came from the Association of
election, has become a nightmare for people in the Southeast Asian Nations (ASEAN), the European
country. Thousands of people were forced to flee to Union, the US, and the UN Security Council. Russia
the borders of neighboring countries. Some also and China also expressed regrets about the military
asked for protection from armed militia groups who junta's repressive acts. Several countries in mainland
have been confronting the military junta since 1948. Southeast Asia, commonly called Indochina during
In fact, in the last decade, democracy in Myanmar the Cold War era, including Myanmar, Laos, and
had made significant progress. However, the coup Cambodia, are indeed no strangers to coups in their
tradition had not completely disappeared from the politics. Since independence from British colonialism
politics of the country of Golden Pagoda – one of the in 1948, Myanmar experienced a coup for the first
most sacred gilded Buddhist pagodas located in time in 1962 when Tatmadaw under Gen. Ne Win
Yangon. Until now, the wave of protests against overthrew the civilian government. After that, the
military coups has continued. More than 560 people political situation continued to change dynamically
have been killed by the national army. The highest and coups occurred again in 1988 and 1990.
daily fatalities were seen on March 27, when 141 Democratization led by the NLD is deeply rooted in
people were killed. Ironically, this happened when the socio-political structure of the Myanmar civil
the Tatmadaw celebrated Armed Forces Day with a government. This is what caused the resistance wave
military parade, while more than 5,000 people were to get bigger and bigger.
detained, including Aung San Suu Kyi and the Possibilities in Myanmar: Moreover, the coup
pro-democracy opposition. Instead of subsiding, the occurred at a time when the people of Myanmar were
wave of protests has spread as people from all facing an economic crisis due to the COVID-19
backgrounds, be that government workers, educators, pandemic. Again, did General Min miscalculate?
against ethnic Rohingya. Second, the military junta increasingly strained, affecting sectarian relations
regime maintains its stance against anti-coup across the Muslim world. While before 1979 both
protesters by using military means. Due to this, the were in the pro-American camp, after the fall of the
violence will continue, and casualties will also Shah Iran embarked on a journey to ‘export’ its
continue to rise. This would encourage the revolution, which obviously did not sit well with the
crystallization of resistance against the regime, Arab monarchies. After over four decades, the
including from around 17 ethnic armed militia groups relationship remains tense, with proxy conflicts
with more than 20,000 members. Of course, this between the two being fought in Iraq, Yemen, Syria
could also eventually force the intervention of and Lebanon. However, despite the starkly different
international powers and affect regional security. ideologies both camps adhere to, coexistence is
Third, Myanmar is trapped in the threat of civil war. possible, should there be a desire to live with each
The climate of the current coup is different from what other. A small example of this was recently witnessed
happened in the Cold War era. Civil society's support in Iraq, where reportedly a low-level meeting
for democratization led by the NLD in the past between Saudi and Iranian officials was held to
decade will determine the future of the crisis. As the discuss the Yemen quagmire. There have been no
only regional organization that brings together relations between Saudi Arabia and Iran since the
countries in Southeast Asia, ASEAN was tested for former broke off ties in 2016 after Riyadh executed
its stance and role in facing a crisis in Myanmar. Shaikh Baqir al-Nimr, a Saudi Shia cleric. Though
Myanmar crises reposition ASEAN: Failure to the talks in Iraq do not constitute a major
respond to the crisis will add to the burdens and breakthrough, they do prove that if both sides wish,
challenges of the bloc, especially to fully realize the engagement is possible. Saudi Arabia is quite keen to
ideals of the ASEAN Political-Security Community, extricate itself from the Yemen crisis, where it has
which was set in 2015. In 2014, the country's failed to dislodge the Iran-allied Houthis. Indeed,
excellent progress in democratization had prompted these parleys should be built on and carried forward,
support from member countries for Myanmar to and perhaps the scope can later be expanded to the
assume the chairmanship of ASEAN. The Myanmar greater Saudi-Iranian rivalry playing out across the
crisis has repositioned the bloc at a "crossroads." On Middle East. Iraq can be a good interlocutor as it has
the one hand, all member countries are bound by the relations with both sides; elements within its
non-intervention principle as a code of conduct. On Shia-majority government have deep ties to Tehran,
the other hand, the crisis in Myanmar cannot be while as an Arab state Iraq shares cultural bonds with
ignored since the impact will affect neighboring the Saudis. In fact it is desirable for states in the
countries, including Indonesia. So, multilateral region to sort out their own issues. Military invasions
diplomacy is the main way to resolve conflict. The and interventions by outside powers have only led to
diplomatic steps taken by Indonesian Foreign increased misery in the Middle East, while Israel is
Minister Retno Marsudi have been very well taken. also keen to play up confessional and ethnic
The country's approach to ASEAN countries, China, differences. If Riyadh and Tehran persist, they can
Russia, and the UN shows its "free-and-active" succeed in establishing cordial relations and putting
foreign policy stance. As a backbone of Southeast the hostility of the past behind them. (Published in
Asia, Indonesia has a big stake in the democratization Dawn, April 20th, 2021)