Category: Daniel Serwer

Straw men

Michael Makovsky, CEO of the Jewish Institute for National Security Affairs (JINSA), sent me a fund-raising letter today. As a supporter of the Iran nuclear deal, I won’t be responding with money (I’ve sent that on to J-Street, which is lobbying in favor). But I would like to examine Michael’s arguments against the deal. Obama’s deal, he says,

  • Does not deprive Iran of nuclear weapons capability – as President Obama promised he would do during the last election – but legitimizes Iran as a nuclear power.
  • Depends heavily upon a woefully inadequate inspections regime – indeed, Iran gets to inspect some of it’s own sites!
  • Does not require Iran to close ANY of its nuclear facilities.
  • Allows Iran to continue operating a significant number of centrifuges – devices essential to producing the high-grade fissionable material required to make bombs.
  • Ignores Iran’s program to develop ballistic missiles that will be able to deliver nuclear warheads to the United States.

Let’s examine these assertions one by one.

  1. Iran has nuclear capabilities, but so far as anyone knows it has no nuclear weapons capability, unless you regard being able to enrich uranium as conferring it. But that would mean non-nuclear weapons countries like Australia, Brazil, Argentina, Germany, India, Iran, Japan, the Netherlands, Belgium, Italy, and Spain also have nuclear weapons capability. There is no international prohibition on enriching uranium. Nor do I know of any way to get a country to unlearn uranium enrichment. JINSA might prefer that Iran not do it, but wishing won’t make it so. Nor will rejecting the agreement.
  2. The international inspections regime Iran has accepted in the nuclear deal is the most intrusive ever imposed on any state. The claim that Iran will inspect its own sites is based on a leaked, draft document whose authenticity the International Atomic Energy Agency (IAEA) has denied. No state has ever developed nuclear weapons with materials monitored by the IAEA. It isn’t likely under an unprecedented, full fuel cycle inspection regime like the one Iran has accepted.
  3. Closure of nuclear facilities is not required, but the number of centrifuges Iran is allowed is cut by two-thirds, its stockpile of enriched uranium by even more and its heavy water reactor will be completely redesigned to produce less plutonium.
  4. A lot of things are essential to producing fissionable material, but under the agreement no high-grade fissionable material is allowed. Nor is the uranium and plutonium metallurgy required to make nuclear weapons. That prohibition is permanent.
  5. That’s right: an agreement on the nuclear weapons program does not directly address the missile program, though sanctions against selling missiles or missile technology to Iran will continue for five to eight years. Had we introduced missiles into the negotiation, we would likely have gotten less on nuclear technology. Is that what JINSA would have preferred?

What people don’t say is often as important as what they do. Michael’s letter claims the deal is “a threat to Israel and a threat to America.” But he fails to argue how either Israel or America would be better off without the deal. He offers no alternative at all.

But the consequences of rejecting the deal are clear enough. Either Iran will

a) likewise reject the deal, continue to accumulate centrifuges and highly enriched uranium, and complete a plutonium-producing reactor, as they did for the ten years before the P5+1 opened the negotiation with Tehran, or

b) uphold its end of the bargain in exchange for European, Chinese and Russian lifting of sanctions, thus reducing American leverage and gaining resources for more trouble-making in the region, just as they will with the nuclear deal.

Yes, the US could try to impose “secondary” sanctions on the Europeans, Chinese and Russians who do business with Iran, but that will not be 100% effective and will not improve relations with countries whose cooperation we need on other issues (Ukraine, Syria, Iraq, Yemen, Libya–just to name a few).

Note that Iran, not the US, will determine which option is taken. That alone should make the advocates of a strong America hesitate about rejection of the deal.

Democratic members of both houses of Congress, who are JINSA’s principal lobbying objective, appear to be rejecting Makovsky’s arguments, including a majority of the Jewish members. The Administration is on track to gain enough votes to uphold the President’s veto of a legislative attempt to block implementation of the deal. The straw men won’t stand.

War is complicated

I’m not often an enthusiast for videos, but this one seems to me to do a good job on the complicated relations of Iran and the US in the Iraq context. It is important to keep in mind, however, that in Syria the US and Iran come out more definitively on different sides (Iran with Bashar al Assad and the US at least nominally against), even though they both seek to defeat the Islamic State.

It all depends

People were asking me what I think almost before the ink was dry on the five pages agreed yesterday between Belgrade and Pristina on the general principles/main elements of the Association/Community of Serb majority municipalities in Kosovo. The answer is: it all depends.

It depends on your frame of reference:

  • If you want to know whether it is consistent with the Ahtisaari plan and previous agreements between Pristina and Belgrade, that is one frame of reference. It looks to me as if it is.
  • If you want to know whether the general principles will ensure the Association/Community is formed consistent with Kosovo law, that is another frame of reference. It looks to me as if it will be.
  • If you want to know whether it is consistent with practices in other situations where a minority in one country looks to a neighboring “mother” country for support, that is still another frame of reference. I think you likely can find precedents elsewhere.
  • If you want to know whether allowing Belgrade to assist in providing education, healthcare and urban planning to Serbs in Kosovo is wise, that is another frame of reference. It at least might lower burdens on the government in Pristina that it would find difficult to carry.

But if you ask me whether it looks like a good idea that Kosovars will have no reason to regret, I confess to doubts. Those doubts originate with the Ahtisaari plan, not with this latest iteration of its most dubious provisions. Kosovo’s negotiators have done well to make it clear the Association/Community will be formed in accordance with Kosovo’s constitution and laws, verified by its constitutional court. It is also clear the Association/Community is supposed mainly to exercise overview and provide services only consistent with Kosovo law. On paper it looks like an ethnically defined version of the Democratic Governors Association (DGA) in the United States. How can I object to that?

I can, because it is ethnically–not politically or geographically–defined and could become the kernel of separate Serb governing structures in Kosovo. That of course is the fear: a separate Serb entity in Bosnia and Herzegovina has rendered that country dysfunctional. It is bringing up the rear in the regatta for European Union membership in the Balkans.

Unfortunately, Ahtisaari left the door open for that to happen in Kosovo too, specifically in article 9.1 of Annex III of his proposal:

Based upon the principles of the European Charter of Local Self-Government, municipalities shall be entitled to cooperate and form partnerships with other Kosovo municipalities to carry out  functions of  mutual interest, in accordance with the law.

9.1.1: Municipal responsibilities in the areas of their own and enhanced competencies may be exercised through municipal partnerships, with the exception of the exercise of fundamental municipal authorities, such as election of municipal organs and appointment of municipal officials, municipal budgeting, and the adoption of regulatory acts enforceable, on citizens in general;

9.1.2 Municipal partnerships may take all actions necessary to implement and exercise their functional cooperation through, inter alia, the establishment of a decision making body comprised of representatives appointed by the assemblies of the participating municipalities, the hiring and dismissal of administrative and advisory personnel, and decisions on funding and other operational needs of the partnership…

This notion of “partnerships” to carry out municipal functions might be perfectly sensible and workable in a normal European context. We’ve got some analogies in the US, like the Port Authority of New York and New Jersey. But with due respect to the European Charter of Local Self-Government, it could be a nightmare in the Balkans.

Some colleagues have said there is not so much to worry about, because the divergent interests between large and small municipalities, and between those north and south of Ibar, will limit what the Community/Association is able to do. That could be correct, provided the municipalities are driven by their own interests.

But if Belgrade cracks the whip and insists that the Serb municipalities obey its lead–which the flow of its resources may be able to ensure–that argument could be moot. Combined with the disciplined clout of Serb members of the Kosovo parliament, the Community/Association could become a real hindrance to Kosovo’s further institutional development. It will almost certainly become a source of contention within the Albanian community, parts of which will see perfidy even if there isn’t any.

Might Belgrade recognize that a functional Kosovo state is in its interests and a dysfunctional one is not? After all, a weak or collapsed state in Kosovo could create real problems on Serbia’s southern border. I think that is true, but I wouldn’t want to bet on Serbian democracy to come to that conclusion easily. It has been a long time since Belgrade cared much about governance of the Albanians in Kosovo. America isn’t the only democracy that tries all the bad options before doing the right thing.

Do I think the other things agreed yesterday outweigh the risks associated with the Community/Association? No, I don’t. I wouldn’t surrender my kingdom these days for either a horse or an international dialing code, though I might trade a dialing code for allowing a Serbian telecomm provider to operate.

But really the Pristina government had no choice: it was obligated to implement the Ahtisaari plan. Too bad that plan wasn’t better articulated on this issue.

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Pushback

The big downside of the Iran nuclear deal is what the Iranians get: somewhere between $50 and $100 billion in unfrozen assets once sanctions are lifted. While I support the deal because it delays any Iranian attempt to get nuclear weapons by at least 10-15 years (and maybe forever), I also recognize that some portion of the unfrozen assets and the increased revenue from future oil and eventually gas sales will be used for activities that destabilize the Middle East and potentially areas beyond. The notion that it will all go to improving the lot of ordinary Iranians is bozotic.

The Obama Administration has hesitated during the negotiations to push back hard against Iranian support for Hizbollah in Syria and Lebanon, the Houthi rebellion in Yemen and arming of Shia militants in Bahrain. Iran views these efforts, which are under the control of the Supreme Leader (SL) and the Iranian Revolutionary Guard Corps (IRGC), as protecting its homeland from Sunni extremists and possible Israeli attack. The Administration’s logic seems to be that pushing back harder might have weakened Rouhani’s standing within the Islamic Republic and made conclusion of a deal on the nuclear program, which is also under SL/IRGC control, impossible.

So what about now? There is still an argument to be made: push back against Iran’s regional troublemaking could stiffen the Iranian reaction and make implementation of the deal more difficult. But that argument is inconsistent with the Administration’s own claim that the deal concerns the nuclear file, as Middle Easterners call it, and nothing else. We are paying for this deal with lifting sanctions. We shouldn’t have to pay for it by tolerating Iranian subversion using money derived from lifting sanctions.

Rob Satloff last week offered a handy checklist of options to pushback against Iranian subversion in the region:

Ramp up U.S. and allied efforts to counter Iran’s negative actions in the Middle East, including interdicting weapons supplies to Hezbollah, Assad, and the Houthis in Yemen; designating as terrorists more leaders of Iranian-backed Shiite militias in Iraq that are committing atrocities; expanding the training and arming of not only the Iraqi security forces but also the Kurdish peshmerga in the north and vetted Sunni forces in western Iraq; and working with Turkey to create a real safe haven in northern Syria where refugees can obtain humanitarian aid and vetted, non-extremist opposition fighters can be trained and equipped to fight against both ISIS and the Iran-backed Assad regime.

All of these seem to me meritorious, but I imagine the Administration might argue that most are already in train. Certainly there have been efforts to interdict weapons going to the Houthis and Assad; I imagine also to Hizbollah, whose missile supplies the Israelis have repeatedly attacked. Training of the Kurds and Sunnis in Iraq started some time ago. Both clandestine and public programs have been training and equipping non-extremist opposition fighters in Syria, though the numbers and outcomes so far have been ridiculously low. Certainly more and better can and should be done.

The only really new idea here–new in the sense that the Administration hasn’t yet signed on to it, but it has been around for years–is the “safe” haven in northern Syria. I certainly don’t understand what the Turks and Americans might have agreed to already and plan to talk with colleagues in the Pentagon next week about that. But let’s imagine that they have agreed on the basic idea, which would deprive the regime of any pretense of sovereignty in a border area of the country and begin to offer an opposition alternative. What is required to make it viable?

There are five basic requirements to be considered:

  • Security
  • Governance
  • Rule of law
  • Economic activity
  • Social services, including humanitarian aid

Without any one of these, Syrians won’t go to a safe haven and the effort will fail, like many others before it. The conditions created don’t have to be perfect, but they need to be better than what people can find in Syria outside the safe haven. That might appear a low bar, but really is isn’t: there are regime-controlled areas in Syria that have suffered relatively little, in which even its opponents seek haven. And the refugees camps in Turkey are not the worst on earth.

In a future post, I’ll consider how to meet these requirements, which are far from trivial, especially under the conditions prevailing at the moment in northern Syria.

Tehran calling

Unlike many colleagues around Washington, I have decided to talk with and answer questions from Iranian media willing to publish them. I think it important for Americans to try to be understood in Iran. Certainly Tehran is making big efforts to be understood in the US. While I find some of what the Iranian media broadcast objectionable and even odious, most of the questions they ask me are straight up, like these from Hamid Bayati, published this morning in the Tehran Times:

Q: As you know Iran and Russia begin new initiative to bring peace to Syria, so how do you evaluate these efforts?

A: There really is nothing to evaluate yet. The Iranian four-point proposal, which has been public for some time, requires a good deal more detail before it can be evaluated. The key question is how the transition will be handled. No political solution will work that keeps Bashar al Assad in power, because the Syrian opposition will continue fighting.

Q: Some experts believe that after nuclear deal reach between Iran and world powers, Western countries especially the US begin to cooperate with Iran in regional issues such as Syria, and a new era begins in Middle East. Do you agree with this view?

A: Not really, even if I would like to see it happen. Iran with the nuclear agreement will have substantial resources. The question is how it will use those resources. Hardliners in Tehran will presumably argue for more support to Iran’s allies in the region: Bashar al Assad and Hizbollah, Iraqi Shia militias, Houthi forces in Yemen and Hamas. The US and Europe will not welcome moves of that sort. There will be enormous pressure on the US administration to push back, especially against Hizbollah.

Q: Turkey launches airstrikes against ISIL and PKK positions in Syria and Iraq, are these acts helpful to peace process in Middle East or not?

A: The Americans think more Turkish help against ISIL is vital. The US and Turkey have different opinions about the Kurds in Syria, though at this point PKK attacks inside Turkey are making that irrelevant.

Q: How do you evaluate the US-led Coalition against ISIS after one year of its creation? Does this Coalition reach its goals?

A: The Coalition has not reached its goals, but it has blocked ISIS advances and has rolled them back in some areas (Tikrit, Kobane, Tal Abayd). Without a better formula for who will govern in ISIL-controlled territory, I don’t see how the Coalition can “win.”

Q: As you know US congress is reviewing the Iran nuclear deal and it is possible US lawmakers will kill this deal. If this event happen what will we have after that?

A: It is possible but not likely that US lawmakers would kill the deal, but in order to do so they would need a 2/3 majority in both houses of Congress. That will be difficult to get. If they do kill the deal, Iran and the P4+1 will have some important decisions to make. Do they abandon the deal completely, or do they implement it without the US? If the deal is abandoned, what will Iran do?

Q: In an interview aired Sunday on CNN’s “Fareed Zakaria GPS,” Obama said the United States’ role in global politics could be affected by the deal, how do you explain this sentence?

A: Defeat of the deal would separate the US from its allies and undermine confidence in American leadership in many countries. It would be like the Senate’s rejection of the League of Nations almost 100 years ago, a move that isolated and weakened the US.

Q: If US congress kills the deal, is it possible United States and EU continue a different strategy toward Iran? I mean is it possible they have different relations with Iran and EU that don’t follow US policy?

A: It is possible, though the US might try to apply “secondary” sanctions by barring European companies from doing business with the US if they do business with Iran. That would create big problems with America’s closest allies.

Q: It seems European countries have been more eager than US to revive their relations with Iran, how do you explain this view?

A: Europe needs Iranian oil and gas much more than the US does. Our companies are far less interested in doing business with Iran than some European countries. Geography is destiny I’m afraid.

As I failed to respond adequately to his question about the PKK, Hamid sent more, which were not published with the rest of the interview:

A: What do you think about Turkey military attacks on PKK positions? Some experts said these attacks are because the AK party lost in elections. Some experts said Turkey attacks the PKK because Turks don’t want Kurds to be strong, what do you think about it?

Q: The PKK made the mistake of ending the ceasefire with the Turkish government, which reacted forcefully. Some think this was the result of a split among the Kurds between those who did well in recent elections and the military component, which feared irrelevance.

It might have been better for the Turks to escalate more slowly; some think Erdogan may be seeking to regain some of the popular support he has lost recently by vigorously responding to every Kurdish provocation. But the PKK is a terrorist organization that attacks the Turkish state and can’t expect safe haven in Iraq or Syria. Iranian support for the PKK is a big concern for Turkey.

The complication of course is that the most effective Syrian fighters against ISIL include Kurds affiliated with the PKK. The Americans prioritize the fight against ISIL, which is an international threat. The Turks prioritize the fight against the PKK, which is a domestic threat. Iran does likewise when it faces a domestic threat of the PKK variety. The US and Turkey will work out their differences in dealing with the Kurds. I’m less sure that Iran and the US, or Iran and Turkey, will do likewise, though it would be desirable.

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Forget renegotiation, try these ideas

Rob Satloff, abandoning previous suggestions for renegotiation of the nuclear agreement with Iran, now puts forward proposals for the US to undertake without any need for Iranian agreement. He ties these to defeat of the agreement in Congress (whether by a veto-proof majority or not I can’t tell), but that is not logically necessary for their consideration. So let’s consider them, one by one:

Consequences: Rob wants punishments other than full sanctions “snapback” defined for non-capital violations, as he rightly anticipates it will be difficult to to use “the nuclear option,” if I may call it that, unless the violation is major. Specifically, he proposes

to reach understandings now with America’s European partners, the core elements of which should be made public, on the appropriate penalties to be imposed for a broad spectrum of Iranian violations.

I see no reason not to talk about this and even agree the penalties with the Europeans now, but is making the consequences public likely to increase compliance?

I wonder. Penalties defined now are likely to be less severe than what we can actually get once a violation occurs. It might be far better to wait for a incident of noncompliance and respond vigorously. I see no justification for Rob’s assumption that penalties defined later have “no value.” The first violation and reaction are the key to imposing credible consequences.

Deterrence: Rob wants penalties agreed and defined for transfer of funds from sanctions relief to Iran’s regional trouble-making. He suggests:

…these new multilateral sanctions should impose disproportionate penalties on Iran for every marginal dollar sent to Hezbollah in Lebanon, Bashar al-Assad in Syria, etc.

Assuming that Rob is correct that our intelligence agencies can in fact determine unequivocally what amount represents increased assistance (which would surprise me), I again see no problem in discussing this with our friends. As he notes, levying sanctions of this sort is not ruled out because they are unrelated to the nuclear issue. We should be traying to block these transfers regardless of what happens on the nuclear deal.

Pushback: This is a related idea:

“Ramp up U.S. and allied efforts to counter Iran’s negative actions in the Middle East, including interdicting weapons supplies to Hezbollah, Assad, and the Houthis in Yemen; designating as terrorists more leaders of Iranian-backed Shiite militias in Iraq that are committing atrocities; expanding the training and arming of not only the Iraqi security forces but also the Kurdish peshmerga in the north and vetted Sunni forces in western Iraq; and working with Turkey to create a real safe haven in northern Syria where refugees can obtain humanitarian aid and vetted, non-extremist opposition fighters can be trained and equipped to fight against both ISIS and the Iran-backed Assad regime.”

Each of these propositions deserves its own consideration, but in general it seems to me vital that we push back in some of these or other ways against Iranian misbehavior in the region, lest Tehran get the idea that the nuclear agreement blesses their ambition of achieving regional hegemony.

Declaratory policy: Rob wants a Congressionally endorsed statement that the US will use military force to prevent Iran from embarking, after the 15-year restrictions in the agreement, on enrichment that could “only” lead to a nuclear weapon. For reasons I fail to fathom, he thinks to be effective this has to be done now by the president who did the deal.

Even leaving aside that problematic “only” lead to a nuclear weapon (which betrays a lack of understanding of the many ways in which uranium enriched to high levels can in theory be used), Rob is self-contradictory. First Rob says President Obama’s threat that “all options are on the table” has lost credibility. Then he says it has to be this president to say more or less the same thing, this time with Congressional backing, in order to be credible.

More importantly, Rob fails to consider the international repurcussions of having the Administration do this right now. The hardliners in Iran love reiteration of the “all options” statement, as it demonstrates their thesis that American attitudes are unchanged and Washington seeks an opportunity to strike Iran.

If Congress wants to go on record, I don’t see who could stop it. Nor do I think anyone in Tehran doubts where Congressional sentiment lies. But the Administration has a stake in seeing maximum implementation of this agreement, which is threatened on the Iranian end by hardliners who didn’t want to see it done in the first place. Strengthening opponents of the deal in Tehran is not in the US interest.

Israeli deterrence: Rob wants to transfer the Massive Ordnance Penetrator and the means to deliver it to Israel.

Here more discussion is needed. Is this without end-use controls, or with them? What means are needed to deliver it, and how many of the bombs and delivery means are we talking about? How realistic is it to imagine that Israel will have the capabilities needed to evade Iranian air defenses and deliver these 30,000-pound monsters? Who is going to pay for this stuff?

So yes, there are certainly some things we should be doing to block Iranian misbehavior in the region but I’ve got more questions than answers about some of Rob’s other propositions.

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