Tag: Democracy and Rule of Law

The best available, unsatisfying outcome

Ratko Mladic was convicted today in The Hague. The sentence is life imprisonment for genocide, crimes against humanity, and violations of the laws and customs of war in Bosnia and Herzegovina in the early 1990s. He will presumably appeal.

Re-reading the Mladic indictment is a terrifying reminder. The International Criminal Tribunal for the former Yugoslavia (ICTY) originally accused him in 1995, but the trial that ended yesterday was based on an indictment in 2011 of participating in a joint criminal enterprise responsible for the removal of Bosnian Croats and Muslims, the years-long siege of Sarajevo, the mass murder of Bosnian Muslims after his military seizure of Srbrenica, and the taking of UN personnel as hostages. It has taken 22 years for this first conviction.

International justice today is agonizingly slow, meticulously detailed, procedurally complex, and ultimately decisive. I attended an afternoon of Mladic’s trial a few years ago. It was dull. The prosecutor would read volumes of detailed eye-witness testimony of atrocities to a Mladic underling who would deny that anything like that happened. Mladic sat silent. His defense lawyer would occasionally intervene, but to little avail. I could well imagine that this orderly process, involving years of hearings in which to air his denials, would not satisfy his victims.

In fact, the Tribunal is not looked on favorably in the region. Each ethnic group resents the indictments of its own military heroes. No group thinks its tormentors have been adequately punished. The procedural niceties are largely lost in a flood of self-justifying nationalistic fervor. There has been little reflection, at least in popular culture, on the villainy of one’s own, only of the others. Leading politicians exploit the popular sentiment. Few acknowledge their own group’s culpability or laud accountability.

I would nevertheless judge the Tribunal a success, less for its jurisprudence and more for its political impact. Even when it did not capture war criminals right away, indictments sooner or later forced wartime leaders out of the political arena. Had that not been the case, politics in Bosnia and Herzegovina and Serbia would have been far more fraught. Mladic and his political counterpart Radovan Karadzic were forced into hiding. Slobodan Milosevic was defeated at the polls and extradited. Had they remained politically active, or even just present in their respective political environments, Sarajevo and Belgrade would have been far more fraught.

That is less true for the Croatian, Bosniak, and Kosovar indictees, not least because their top political leaderships were never indicted. Croatian President Tudjman and Bosnian President (Alija) Izetbegovic are dead. Kosovo Prime Minister Haradinaj was indicted but acquitted. He is again prime minister now. He, Kosovo President Thaci, or other KLA fighters could still be indicted, by a Kosovo “special court” staffed with internationals convened in The Hague to deal with post-war crimes.

Some will say the failure to hold more Croat, Bosniak and Kosovo political leaderships accountable, and the acquittal of some of their military leaders, proves that ICTY is biased against Serbs, or implemented only victor’s justice. I find some of the acquittals difficult to understand, but it is important to remember that a court like ICTY that follows best practices in contemporary criminal procedure is more likely to acquit the guilty than convict the innocent, which is as it should be.

There is however no question of innocence in Mladic’s case. The evidence presented at trial was overwhelming and compelling. Someone else unjustly getting off is no reason to doubt Mladic’s guilt. He will now have ample opportunity to appeal, but odds are he’ll spend the rest of his life incarcerated in a fairly comfortable place, telling himself he was right to protect Serbs by murdering and expelling Muslims and Croats, firing at civilians in Sarajevo, and taking UN peacekeepers hostage. It’s an unsatisfying outcome, but the best available.

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Questions about unraveling

A few questions have come up about my report for the Council on Foreign Relations (CFR) on preventing The Unraveling of the Balkans Peace AgreementsI’ll try to answer some of them here.

Q: Was the report requested by the Congress or the Administration?

A: No, though it has been briefed to both.

The report originated in a call to me last spring from CFR prevention director Paul Stares, a former colleague at the United States Institute of Peace. I had done two previous reports for Paul, both on Libya, but he was of course aware of my interest in the Balkans and had noticed the increasing alarm about the Balkans in the US and European media.

Q: Why did you write about changing borders in the Balkans? Doesn’t doing so give that idea legitimacy/credibility?

A: CFR rightly requires that its authors treat a full range of options to deal with the potential contingency in question. Changing borders has been widely discussed in the Balkans, Europe, and the US. I felt I had to deal with the idea.

I did so by looking at it from the perspective of US interests and values. It failed on both counts. It would require both heavy diplomatic and military commitments from the US, EU and Russia that are not available. It would also boost President Putin’s misbehavior in Ukraine, Moldova, and Georgia, not to mention undermine the US position on Kurdistan’s independence referendum. It would also vitiate liberal democratic values, which are based on equal rights regardless of ethnicity, not trying to herd people on to the “right” side of a border.

Q: The report suggests a special envoy for the Balkans in order to reassert US leadership on some key issues. Secretary of State Tillerson is not keen on special envoys. Isn’t there another way?

A: Yes. I mention in the report that the current institutional setup could be used, a deputy assistant secretary, provided she or he has good connectivity with upper levels of the US government. Another option, one I wish I had included, would be delegation of authority for the Balkans to Vice President Pence, who has already begun to take the lead there. A formal delegation with key objectives outlined would likely be a better solution than a special envoy, but I’m told it is also unlikely.

Q: What has been the reaction to the report?

A: Positive from those who agree with me. Others don’t communicate as much, but instead use my mention of border changes to suggest falsely that is my preferred option. Let me say again: I see no way to change borders that is feasible with the resources available and oppose the idea in principle as well as in practice. Democracy and rule of law are the answer, not ethnic tribalism.

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Unraveling

My Council on Foreign Relations report on preventing the unraveling of the Balkan peace agreements was published yesterday. It speaks for itself, except in one respect. The report recommends that the US appoint a special envoy to do some heavy diplomatic lifting in the Balkans, including normalization of relations between Kosovo and Serbia, enabling Macedonia to enter NATO, and Bosnian constitutional and electoral reform, as well as blocking Russian trouble-making.

On reflection, there might be a better solution, but I thought of it too late to get it into the report: delegation of responsibility for all these things to the Vice President, who has already informally taken the lead on Balkans policy with a trip to Montenegro. Vice President Biden had such a formal delegation, but so far as I know not the explicit responsibility for the particular issues I cite. Empowering Vice President Pence to seek these goals would ensure high-level political attention, which is what they all need. None of the current problems in the Balkans are insoluble, provided the US and EU are prepared to use their leverage in a coordinated and forceful way.

What if there is no special envoy appointed and the vice president is not formally delegated responsibility? Should we give up hope? No. the things I have suggested can be handled, as they have been in recent years, by a Deputy Assistant Secretary and his staff, but he will need access to higher levels of the US government. That has been lacking, especially during the transition from President Obama to President Trump. It is high time that connection was strengthened. People in the Balkans need to know that the top levels of the US government are backing the person–no matter what her or his title–who seeks to complete the regional peace processes, which were all negotiated with strong backing at high levels.

Visits are one way to demonstrate that high-level backing, but they require real progress on real issues. People in Bosnia, Serbia, Kosovo, and Macedonia are all asking for visits from the President, Vice President, as well as the Secretaries of Defense and State. What they have not always done is to make the kind of progress that got Montenegro a visit from the vice president after its accession to NATO. Political and economic reform are their own reward, but they will also attract positive attention from others and prevent the unraveling of peace agreements that have brought enormous benefits to a region once in turmoil.

 

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Peace picks November 6 – 10

  1. Democratic Deterioration at Home and Abroad | Monday, November 6 | 12:15 – 2:00 pm | New America | Register Here | For the past several decades, our working assumption has been that once firmly established, liberal democracy represents the best and final answer to authoritarianism and the surest guarantor of liberty and equality. Today, however, that assumption is being seriously challenged. Where liberal democracy has taken root, we now see it in retreat in attacks on the press, the judiciary, and on voting rights – the essence of democratic organization. As the United States contends with these challenges, arguably for the first time, what can we learn from other countries that have experienced similar democratic downturns? What were the warning signs and could this deterioration have been stemmed? Are the combination of legal constraints and non-legal norms that undergird our constitutional system enough to keep our democracy on solid footing? What safeguards are currently in place to prevent further deterioration of our democratic values and institutions, and what additional precautions should we consider? In other words, how worried should we be? Join New America, The American Constitution Society for Law and Policy, and the Brennan Center for Justice at NYU Law School for a discussion about the future of democracy at home and abroad. Speakers include Sheri Berman of Columbia University, Aziz Huq of The University of Chicago Law School, Norman J. Ornstein of The Atlantic and The American Enterprise Institute, and Arturo Valenzuela of Georgetown University. Amanda Taub of The New York Times will moderate.
  2. How Do You Solve a Problem Like North Korea? | Monday, November 6 | 9:00 am – 12:00 pm | Cato Institute | Register Here | What are the implications of North Korea’s recent gains in nuclear and missile capabilities for the future of U.S. strategy toward North Korea? What is the state of North Korea’s nuclear weapons and ballistic missile technologies? What are the prospects of diplomatic negotiations with Pyongyang? Should the United States pursue a different strategy toward North Korea in light of Pyongyang’s improving nuclear capabilities, perhaps including revising its alliance with South Korea? The Cato Institute will host two panels and a keynote address by former governor Bill Richardson to examine these critical questions. The first panel, titled “ Pyongyang’s Capabilities and US Policy,” will include Joshua Pollack of the Middlebury Institute of International Studies, Suzanne DiMaggio of New America, and Joe Cirincione of Ploughshares Fund, and will be moderated by Eric Gomez of the Cato Institute. The second panel, “New Approaches to Solving the North Korea Problem,” will feature Michael Auslin of the Hoover Institution, Rajan Menon of the City College of New York, and Doug Bandow of the Cato Institute. John Glaser of the Cato Institute will moderate.
  3. Re-energizing Nuclear Security | Tuesday, November 7 | 5:00 – 6:30 pm | Stimson Center | Register Here | The nuclear industry is experiencing many dynamic changes. Economic challenges are forcing premature reactor shutdowns in some countries such as the US, while Russia and China are making lucrative deals in energy-starved developing countries. A general expansion in all aspects of nuclear development, such as next-gen reactor technologies, is clouded by an evolving security landscape including emerging cyber vulnerabilities. Meanwhile, nuclear security is out of the spotlight since the end of the Nuclear Security Summit series. What is the future of nuclear development and how can industry, civil society, and international organizations facilitate the outstanding Security Summit commitments? The event will feature Leslie Ireland of the Stimson Center, Maria G. Korsnick of the Nuclear Energy Institute, John Barrett of the Canadian Nuclear Association, and Frank Saunders of Bruce Power. The Stimson Center’s Debra Decker will moderate.  
  4. Iraqi Vice President Al-Nujaifi on His Nation’s Post-ISIS Future | Tuesday, November 7 | 11:00 am – 12:00 pm | United States Institute of Peace | Register Here | Osama al-Nujaifi is one of Iraq’s three vice presidents. Hailing from Mosul, a city recaptured this year from the ISIS extremist group, he is secretary general of the United for Iraq Party, and the leader of the Sunni political coalition Muttahidoon. Vice President al-Nujaifi’s address at USIP will be his only public appearance during his visit to Washington.As one of Iraq’s most prominent leaders and a former speaker of Parliament, Vice President al-Nujaifi has been a key player in Iraqi politics for more than a decade. With Iraq’s leaders confronting the fallout from the Kurdistan region’s independence referendum and the Iraqi army’s retaking of key oil fields from the Kurds, questions about governance after ISIS and the quickly approaching provincial and national elections in 2018 take on even more urgency. Vice President al-Nujaifi will discuss the future of Iraq’s democracy and the federalist system adopted after the fall of Saddam Hussein. Ambassador Bill Taylor of the USIP will moderate the discussion. 
  5. After the Referendum: What Path Forward for Iraq’s Kurds? | Tuesday, November 7 | 3:00 – 4:30 pm | Middle East Institute | Register Here | The September 25 referendum in Iraqi Kurdistan brought a chilling reaction from Iraq’s central government. Baghdad disputed the legitimacy of the process, but especially rejected Erbil’s claim on Kirkuk and other disputed territories implied by staging the vote there. Following days of military action that resulted in deaths and the retaking of Kirkuk by Iraqi national forces, the KRG has proposed to freeze the referendum results and seeks negotiations about the contentious issues. The United States, which opposed the referendum despite its reliance on Kurdish fighters combating ISIS, must now address the deepened rift between Erbil and Baghdad. To consider the path out of this crisis, the Middle East Institute (MEI) is pleased to host Shaswar Abdulwahid (New Generation Movement), Peter Shea (U.S. Department of State), and Amberin Zaman (Al-Monitor). MEI’s director for Turkish Studies, Gonul Tol, will moderate the discussion on how Baghdad and Erbil can move forward with each other and with the United States, Turkey, and Iran, and on how U.S. policy can effectively manage the dynamics between the players.
  6. The Civilian Elements of the New U.S. Strategy in Afghanistan | Wednesday, November 8 | 3:00 pm | Atlantic Council | Register Here | Despite an overwhelming response to the United States’ new military strategy for Afghanistan announced by President Trump in August 2017, the non-military components of the strategy have received scant attention. As part of its ambitious reform and self-reliance agenda, the Afghan government has made considerable progress towards improving the capacity of civilian management, leadership, human resources, as well as in addressing formal corruption. But challenges remain. Please join the Atlantic Council’s South Asia Center for a panel discussion of the civilian elements of the new U.S. strategy for Afghanistan, including the reform process, internal politics, economics, and how the Afghan government plans to deliver on its pledges. Panelists include Ahmad Nader Nadery, the Chairman of Civil Service Commission of Afghanistan, Vanda Felbab-Brown of the Brookings Institution, and Ambassador James B. Cunningham of the Atlantic Council. Javid Ahmad of the Atlantic Council will moderate.
  7. A Strategy for a Brighter Future in Libya: Redefining America’s Role | Wednesday, November 8 | 2:30 – 3:50 pm | American Enterprise Institute | Register Here | Recent terrorist attacks in Berlin and Manchester trace back to Libya, where ISIS relocated operatives from Syria and Iraq. Libya’s ongoing civil war, coupled with weak governance and law enforcement, creates the perfect crucible for ISIS and al Qaeda to extend their operations. How can these groups in Libya be defeated? What can be done to stabilize the country and address humanitarian concerns? Is American leadership essential to combating this threat? Please join AEI for the release of “A Strategy for Success in Libya” by Emily Estelle and a panel discussion on a US strategy to rebuild Libya. Panelists include Emily Estelle of AEI and Karim Mezran of the Atlantic Council. Katherine Zimmerman of AEI will moderate.
  8. Turkey, Europe, and the U.S.: New Challenges and Changing Dynamics | Thursday, November 9 | 10:00 – 11:30 am | Brookings Institution | Register Here | As a Muslim-majority country pursuing EU membership, closer cooperation with trans-Atlantic partners, and a domestic agenda based on securing individual freedoms and strengthening the rule of law, Turkey was deemed a model partner and economic success story. Today, Turkey projects a different image—rolling back democracy, rule of law, individual freedoms, and the separation of powers. The EU accession process, trans-Atlantic commitments, and shared values are in jeopardy. Yet, this is not an isolated incident—it follows an international trend that has seen the emergence of “strongmen leaders,” whose illiberal actions and rhetoric are punctuated by populism and anti-globalism. The EU and the United States are not exempt from elements of this trend. The global economic crisis, terrorism, and migration are closely interrelated with these tendencies. This state of affairs is starkly different from what was envisioned at the end of the Cold War. So, what happened?  Can this common challenge be addressed? On November 9, the Center on the United States and Europe (CUSE) will host a panel discussion on this recent drift toward authoritarianism, populism, and religious nationalism, and what the West can do to reverse this trend. Kemal Kirişci, Brookings TÜSİAD senior fellow, will moderate the discussion featuring Brookings scholars Amanda Sloat and Alina Polyakova, and Hakan Yılmaz, professor of political science at Boğaziçi University in Istanbul. Brookings Vice President for Foreign Policy Bruce Jones and TÜSİAD CEO Bahadır Kaleağası will offer introductory remarks.
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Two chairs

Hoyt Yee, the deputy assistant secretary of State whose bailiwick includes the Balkans, said yesterday in Belgrade that Serbia “cannot sit on two chairs at the same time.” He was referring to Belgrade’s efforts to both accede to the EU and maintain close relations with Vladimir Putin’s Russia. These goals are just too far apart, he suggested.

I agree, but the question arises: why would anyone in a country that needs economic and political reform latch on to Moscow? Russia has an economy the size of Spain’s (with Catalonia) and a political system that resorts to prosecution and assassination to eliminate competition. While the Russian military has enjoyed some success in its interventions in Ukraine and Syria, it has nowhere near the capacity the West has to protect its friends and allies. Russia is a declining regional power, one heavily dependent on hydrocarbons rather than a diversified economy.

There are nevertheless people in Serbia who feel they need “the warm embrace of the Russian bear,” as one of them put it to me. “When,” he asked, “was the last time an American president visited Belgrade?” I didn’t know it at the time, but the correct answer seems to be Jimmy Carter, in 1980. That is indeed a long time ago. President Trump has allegedly promised to visit next year.

What does the warm Russian embrace entail? While fundamentally a political link, Belgrade’s affection for Moscow also entails military cooperation, economic interests, and Slavic cultural affinity. The Russians have given Serbia MiGs, involved Serbia in military exercises, and established a “humanitarian” logistics base near Nis. They prevent Kosovo from entering the United Nations. They have also taken possession of much of the Serbian energy sector. Belgrade might prefer F16s, but Washington doesn’t give them away, and lack of appropriate pipelines hinders efforts to wean Serbia from Russian gas. Russia Today and Sputnik News are making big efforts to sustain the long history of Slavic brotherhood with Serbia, not to mention the efforts of the Serb and Russian Orthodox Churches.

The Russian embrace also entails acceptance of Putin’s governing norms. They include assassination. Last year, Moscow attempted to mount, through Serbia, an assassination plot against Montenegrin Prime Minister Djukanovic, a good friend of Vucic. To his enormous credit, Vucic not only helped to foil the plot but also provided vital testimony as to its reality. Fear of such an attempt in Serbia is motive enough for some politicians to hedge their bets.

But they have other reasons too. The reforms the European Union seeks as a condition for accession require political leaders to do difficult things that block at least some of the corruption endemic to the Balkans. At least one Balkan leader, Ivo Sanader (erstwhile prime minister of Croatia) found himself arrested, tried, and convicted as a consequence of the judicial reforms for which he himself was responsible. The “Sanader effect” has made other Balkan leaders extra cautious about judicial independence and anti-corruption prosecutions.

President Vucic, who has repeatedly won elections on a pro-EU platform, would make an enormous mistake not to opt for the EU chair, though in doing so he will need to give up his control of the press and accept a far more independent judiciary ready to take on corruption and other official malfeasance. Those are not easy things for a former Information Ministry in a Milosevic government to do. Some bad habits are so ingrained they are hard to break, even if you in principle want to do so. I even wonder whether the Serbian media and courts would believe Vucic if he were to signal clearly that he was surrendering his influence over them.

That however is what he needs to do, not to please me or Hoyt Yee but to enable Serbia to emerge as a real and liberal democracy politically more tied to the EU and far less to the Russian bear.

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Peace picks October 23 – 27

  1. Countering Violent Extremism: Qatar, Iran, and the Muslim Brotherhood | Monday, October 23 | 11:30 am – 5:15 pm | Hudson Institute (held at the Ronald Reagan Building and International Trade Center) | Register Here | This full-day event includes two keynote addresses, the first by Secretary Leon E. Panetta, and the second by former White House chief strategist Steve Bannon, as well as two panels titled “Sinews of Terrorism – Communications, Funding, and Ideological Support” and “New Dynamism in Congress.” General David H. Petraeus, formerly of the Central Intelligence Agency, and Ambassador Hussain Haqqani will also speak at the event.
  2. The Future of Orthodox Christianity in Syria and America | Tuesday, October 24 | 12:00 – 1:30 pm | Hudson Institute | Register Here | Over the last two thousand years, the Church of Antioch has played a major role in the formation and development of Christian theology and philosophy. Today the Church is facing tremendous challenges in its native homeland, Syria. Six years after the beginning of the Syrian civil war, the country is in ruins and millions of its citizens have become refugees or are internally displaced within Syria. The ongoing war has flamed sectarian tensions that threaten the existence of Christianity in one of its earliest locations. Though suffering at home, the Church of Antioch is flourishing abroad with a growing congregation in the United States. What place do Christians and the Antiochian Church have in the future of Syria? What role has the Church played in humanitarian assistance to the millions in need? Why is Orthodoxy finding renewed appeal in Western countries? For answers to these and many other questions regarding the future of Orthodox Christianity in Syria and America, Hudson Institute’s Center for Religious Freedom will host a conversation with His Beatitude, John X, Patriarch of Antioch and All the East, and His Eminence, Metropolitan Joseph, Metropolitan of All North America and Archbishop of New York. Hudson Senior Fellow Samuel Tadros will moderate the conversation.
  3. Tunisia’s Corruption Contagion | Wednesday, October 25 | 12:00 – 2:30 pm | Carnegie Endowment for International Peace | Register Here | Corruption in Tunisia is perceived to be even more pervasive today than under former president Zine el Abidine ben Ali, despite numerous legal measures and civil society initiatives working to fight it. In their upcoming Carnegie paper, “Tunisia’s Corruption Contagion: A Transition at Risk,” Sarah Yerkes and Marwan Muasher argue that corruption has become endemic, as more and more people engage in and benefit from corrupt practices. For the democratic transition to survive, Tunisia must simultaneously address the kleptocracy of the previous regime and the emergence of widespread petty corruption. Can Tunisia’s government and civil society win this fight? Yassine Brahim will provide keynote remarks, and Chaima Bouhlel and Safwan Masri will join Carnegie’s Sarah Yerkes in a discussion of the paper’s findings moderated by Marwan Muasher. Tunisian Ambassador to the United States Fayçal Gouia will provide closing remarks. A light lunch will be served at 12:00 p.m. The discussion will begin at 12:30 p.m.
  4. Trump and the Arab World: First Year Assessment and Policy Recommendations | Thursday, October 26 | 9:00 am – 5:00 pm | Arab Center DC (held at JW Marriott Washington DC) | Register Here | The Arab Center’s second annual conference will begin with an opening keynote titled “US Policy in the Arab World: An Arab Perspective given by Tarek Mitri of the American University of Beirut and will consist of four panels. The first panel, “What Arabs Want: Arab Public Opinion and US Policy,” will feature panelists Tamara Kharroub of the Arab Center DC, Dalia Mogahed of the Institute for Social Policy and Understanding, and Shibley Telhami of the University of Maryland- College Park. The second, “US Policy and Political and Economic Challenges in the Arab World” will include Phyllis Bennis of the Institute for Policy Studies, Perry Cammack of the Carnegie Endowment for International Peace, Hani Findakly of Potomac Capital, and Najib Ghadbian of the University of Arkansas and Special Representative of the Syrian National Coalition to the US. The panel will be moderated by Dina Khoury of George Washington University. The third panel is titled “US-Gulf Relations and US Policy in the Arabian Gulf,” and moderator Khalid Al-Jaber of Qatar University will be joined by Abdullah Baabood of Qatar University, Sheila Carapico of the University of Richmond, David Des Roches of the National Defense University, and Barbara Slavin of the Atlantic Council. The final panel, “US Policy Recommendations in the Arab World” will feature Marwan Kabalan of the Arab Center for Research and Policy Studies, Rami Khouri of the American University of Beirut, Ibrahim Fraihat of the Doha Institute for Graduate Studies, Ellen Laipson of George Mason University, and will be moderated by Laurie King of Georgetown University.
  5. Public Perspectives Toward Democracy | Thursday, October 26 | 12:30 pm | Council on Foreign Relations | Register Here | Panelists discuss global public opinion towards democracy amid the rise of populists and autocrats, and the implications for the future of democracy and U.S. foreign policy. Speakers include Stewart M. Patrick of the Council on Foreign Relations, Ken Wollack of the National Democratic Institute, and Katie Simmons of the Pew Research Center.
  6. The Path Forward on Iran: Contain, Enforce, Engage | Thursday, October 26 | 11:00 am – 12:00 pm | Carnegie Endowment for International Peace | Register Here |  What comes next after President Donald Trump’s decision not to recertify the Iran nuclear deal? Experts from the Carnegie Endowment for International Peace and the Center for a New American Security offer a suggested way ahead in a new joint report: Contain, Enforce, and Engage: An Integrated U.S. Strategy to Address Iran’s Nuclear and Regional Challenges. Carnegie President William J. Burns will introduce the report, and Carnegie’s Jen Psaki will moderate a discussion with some of the report’s authors. Speakers include Ariel E. Levite and Karim Sadjadpour of the Carnegie Endowment for International Peace, as well as Ilan Goldenberg and Elizabeth Rosenberg of the Center for a New American Security.
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