Oil and Water

A piece by Mark Landler in today's New York Times titled "A New Era of Gunboat Diplomacy" is well worth reading for those interested in the connection between oil and national security.  One-third of global oil production now occurs offshore and some of the hotspots for oil and natural gas exploration are in maritime regions where overlapping claims to jurisdiction have the potential to create problems:  the South China Sea, the Arctic Ocean, and the eastern Mediterranean Sea.

Offshore production presents a number of serious environmental risks--one only has to recall the Deepwater Horizon disaster in the Gulf of Mexico--but there can be security benefits from confining production to offshore platforms.  Oil production in the Gulf of Guinea, for example, avoids the serious political and military threats that plague production onshore in Nigeria and Angola.  If, however, the regime governing maritime jurisdiction established by the 1982 Law of the Sea Convention is contested or there are serious sovereignty disputes involving islands (as in the South China Sea), then offshore oil exploration and production may generate new security concerns.  If there are resource wars in our future, they may begin at sea.

Viktor Bout: Friend or Foe?

On Wednesday, November 2, the notorious arms dealer Viktor Bout was convicted in a federal court in Manhattan on four counts of conspiracy in connection with the sale of weapons to Colombian rebels.  Bout, who once advised the Soviet military in Africa, bought weapons and a fleet of cargo planes from the former Soviet Union at the end of the Cold War and began trafficking arms to both governments and rebel forces in various conflicts around the world.  A British government report published in 2000 referred to him as "the Merchant of Death."  The movie Lord of War, which starred Nicholas Cage, was based on his exploits.

Here is the description of Bout in the second edition of Seeking Security in an Insecure World:

Bout is alleged to have sold over seven hundred surface-to-air missiles, military helicopters and airplanes, and thousands of guns to FARC, the Colombian paramilitary organization.  He has also sold weapons in Afghanistan and in various war zones in Africa.  At a Bangkok hotel in March 2008, Bout offered undercover agents of the U.S. Drug Enforcement Agency posing as FARC representatives a wide range of weapons, including land mines, unmanned aerial vehicles (UAVs), and C-4 explosives.  He was arrested at the conclusion of the meeting, which was taped, and, in August 2010, a Thai court ordered his extradition to stand trial in the United States.

In an op-ed published in the New York Times on Friday, Andrew Feinstein, author of The Shadow World:  Inside the Global Arms Trade (reviewed here by John Tirman), writes that in 2003 and 2004, Irbis Air--a company owned by Bout--flew supplies into Baghdad under contract to the U.S. Defense Department and KBR, a private contractor that was itself working for the U.S. Government.  Feinstein points out that "governments protect corrupt and dangerous arms dealers as long as they need them and then throw them behind bars when they are no longer useful."

Putting Kleptocrats on Notice

[The following was written for Opinio Juris and posted there yesterday.  I am cross-posting here with a few updated references and links.]

The other shoe has dropped in the U.S. Government’s corruption case against Teodoro Nguema Obiang Mangue. On October 25, a civil forfeiture complaint was unsealed in the U.S. District Court for the Central District of California as a second complaint was filed in the District of Columbia. The complaints, tantalizingly foreshadowed by the lis pendens filing on October 13 that Roger noted in a previous post, seek the forfeiture of over $70 million in assets owned by the profligate son and heir-apparent of Equatorial Guinea’s dictator, Teodoro Obiang Nguema Mbasogo.

These actions are part of the Justice Department’s Kleptocracy Asset Recovery Initiative that was announced by Attorney General Holder at the African Union Summit on July 25, 2010. (In a move that angered human rights groups, the African Union selected President Obiang Nguema to chair the organization six months later.) Assistant Attorney General Lanny Breuer directs the group within the Criminal Division that is implementing the Initiative. The first complaint filed by Breuer’s group sought the seizure of over $1 million in assets (including a $600,000 home in Maryland) owned by Diepreye Solomon Peter Alamieyeseigha, former governor of the oil-rich Bayelsa State in Nigeria. DSP, as he was known to investigators, was impeached in 2005, but by that time he had laundered millions of dollars gained through oil-related corruption in the U.S., the United Kingdom, and elsewhere.

The assets to be seized in the Equatoguinean case are also the products of oil-related corruption. Like Nigeria, its neighbor to the north, Equatorial Guinea sits over the large oil reserves of the Gulf of Guinea. Unlike Nigeria and the other oil giant of sub-Saharan Africa, Angola, Equatorial Guinea is an oasis of political stability, although its stability is a product of severe repression. Since 2004, Equatoguinean oil production has averaged over 300,000 barrels per day, the vast majority of it produced by ExxonMobil, Hess, and Marathon, three U.S. corporations. As a result of extortion, misappropriation of public funds, and other forms of corruption, President Obiang Nguema, his family, and others in the inner circle have become fabulously wealthy while the nation at large remains among the most impoverished in Africa.

Teodorín, as the president’s oldest son is known, has been especially reckless in flaunting his portion of Equatorial Guinea’s oil wealth. Roger listed some of the property against which the U.S. Government has filed complaints for forfeiture in rem, but there are other countries around the world that could put together similar lists of homes, cars, and collectables. In fact, last month France seized eleven luxury cars belonging to Teodorín from the family’s residence on Avenue Foch near the Arc de Triomphe, while Spain is reportedly preparing to move against properties in Madrid and Las Palmas.

The beauty of what now appears to be a coordinated action by prosecutors in the U.S., France, and Spain against one of the most corrupt governments in the world is that it severely limits the possibilities for retaliation using the oil weapon. Because Equatorial Guinea’s oil is produced offshore in deepwater wells, few companies, whether state-owned or private, can provide the necessary production technology. In fact, China’s principal oil production company, CNOOC, completed its first deepwater production rig—destined for use in the South China Sea—in May of this year. Although China is the destination of 12 percent of Equatorial Guinea’s oil exports, it will not be in a position to displace Western oil companies for years to come.

The seizure of Teodorín’s assets in the United States is unlikely to speed the departure of the man who, since Gaddafi’s demise, is the longest-surviving dictator in Africa, nor is it likely to spur dramatic progress toward democracy and respect for human rights in Equatorial Guinea. It will be, however, a small victory for anti-corruption advocates and, perhaps more importantly, a strong signal to the world’s remaining kleptocrats.

A "Kill Team" Conviction

Staff sergeant Calvin Gibbs was convicted on three counts of murder and sentenced to life in prison for a series of sport killings in Afghanistan between January and May 2010.  Gibbs was one of five members of the Fifth Stryker Brigade, Second Infantry Division, charged with murder for deliberately killing civilians.  Three have entered guilty pleas.  In all, twelve members of the brigade have been charged with crimes related to activities of the so-called "kill team."  Ten of those have pleaded guilty or been convicted to date.

According to an Army investigation into the killings that was leaked to the Washington Post last year, a member of Gibbs' unit claimed that he hoped to make a necklace from fingers that he cut from the hands of those he killed.  Gibbs also had a tattoo on his calf that he used to keep track of his kills.  Red skulls represented kills in Iraq while blue skulls indicated kills in Afghanistan.

There are many atrocities in war that go unpunished.  Indeed, war itself may be the greatest atrocity.  But what happened today in a U.S. court martial is a reminder that not everything is permissible in war.  And sometimes activities that cross the line--even in war--are actually punished.

Steps Toward Statehood

The General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO) has voted to admit Palestine as a member.  The vote was 107 in favor and 14 against, with 52 abstentions.  Because Palestine is not a member of the United Nations, the vote to admit it to UNESCO required a two-thirds majority of those voting. (Abstentions are not counted as votes.)

The push for membership by Palestine is part of move to gain international recognition of Palestinian statehood, a move opposed by Israel and the United States.  Because only states may be members of UNESCO (as with other UN bodies), admission indicates the support of a majority of the world's states for Palestinian statehood.  Palestine is expected to press for membership to the UN itself in the coming weeks, but because both the UN Security Council and the General Assembly must approve such an application and the U.S. Government has indicated that it will veto the Palestinian application in the Security Council, there is no possibility for clearing this particular hurdle.

U.S. law currently mandates the elimination of funding for any UN body that admits Palestine as a member.  In the case of UNESCO, this will mean the loss of one-fifth of the operating budget.

Autonomous Warbots

Yesterday the Washington Post published a story on the next generation of warbots:  robots (including drones) capable of autonomous decision-making and action.  The story begins by recounting a recent test at Fort Benning, Georgia in which two drones were able to locate a multicolored tarp on the ground after the pattern had been loaded into their onboard computers.  Acquisition of the target occurred with no human direction after takeoff.  Of course, target acquisition based on pattern recognition can easily be linked to the use of weapons.  But, for the time being, the U.S. military is determined not to take humans out of the loop where lethal operations are concerned.

South Korea deployed two sentry robots last year along its heavily militarized border with North Korea.  (For a video demonstration of the sentry robots' capabilities, go here.)   Thus far, an order from a human operator is required before the SGR-A1 robots can fire on suspected intruders.  It is clear, however, that the robots (built by Samsung Techwin) could be configured to respond autonomously to an intrusion.

Langner Explains Stuxnet

Ralph Langner, the German security consultant who deciphered the Stuxnet worm that was designed to cripple the Iranian nuclear program, explains in this video both how the mystery was unraveled and how Stuxnet was designed to work.

Aung San Suu Kyi Released

Burmese political dissident and Nobel laureate Aung San Suu Kyi has been released from house arrest. Daw Suu, as she is called by her supporters in Burma, has been confined since May 30, 2003.

Rousseau on Theory and Reality

"I open the books on Right and on ethics; I listen to the professors and jurists; and, my mind full of their seductive doctrines, I admire the peace and justice established by the civil order; I bless the wisdom of our political institutions and, knowing myself a citizen, cease to lament I am a man. Thoroughly instructed as to my duties and my happiness, I close the book, step out of the lecture room, and look around me. I see wretched nations groaning beneath a yoke of iron. I see mankind ground down by a handful of oppressors. I see a famished mob, worn down by sufferings and famine, while the rich drink the blood and tears of their victims at their ease. I see on every side the strong armed with the terrible powers of the Law against the weak. . . . And that is the fruit of your peaceful institutions! Indignation and pity rise from the very bottom of my heart. Yes, heartless philosopher! come and read us your book on a field of battle!"

-- Jean-Jacques Rousseau, from "Fragments of an Essay on the State of War"

Resuscitating the Blog

It's hard for me to believe that the first posts here on Swords Into Plowshares appeared over six years ago. It's easier to believe (but more difficult to accept) that my blogging has been very sporadic over the last half of those six years. The start of a new year—a new academic year, that is—seems to be a good time to revive the blog. To that end, I want to reintroduce Swords Into Plowshares with a few comments about what I do here and why.

First, I have written here, and will again write, about international politics. More specifically, I have written mostly about issues in international politics that get me excited—and sometimes agitated. As the blog's subtitle suggests, these issues generally fall under the heading of "the quest for peace and justice." That doesn't narrow the field a lot, but it does tell you that I tend to post most often on issues related to human rights, international law, the sources of conflict (especially those that are, in some sense, new), and arms control. Posts often relate to specific courses I teach (especially International Organization and Law and Ethics and International Politics) or to research I'm working on (new conceptions of security, justice after war, arms control, and the strange case of Equatorial Guinea have been the most recent topics). On occasion I'll write about interesting books or articles I've come across or current events that seem to indicate something significant about the current state of international politics.

There are a number of reasons why I blog. First, writing in this format provides an opportunity to test out ideas or explore different ways of thinking about what goes on in the world and in the discipline that tries to make sense of it. If an idea, an analogy, or a comparison seems to work, it can end up in a lecture, an article, or a book. If it doesn't, it can prompt another post that explores why it didn't work.

Second, the blog sometimes serves as a journal. By linking to and commenting on what the UN secretary general says about human rights in North Korea or what an American general has said about the security situation in Afghanistan, there's a record that I can easily return to in the future.

Third, the blog allows me to expand on conversations that have begun elsewhere (most often in classes). Just as the "Extension of Remarks" section of The Congressional Record allows members of Congress to put in the record what they wish they had said on the floor of the House or the Senate, the blog allows me to say what time or space constraints (or my state of preparedness) may have prevented me from saying in another forum.

Fourth, writing is a discipline and a blog offers an opportunity—along with a few incentives—to practice it. There's a reasonable expectation—one I dashed many months ago but will try to rebuild now—among those who read a blog that there will be something new to ponder almost every day. This gives the blogger both a reason to write and an incentive to write well about interesting things. And that's what I'll try to do, as I first started trying to do six years ago.

Detainee Dirty Tricks

Via the Dunn County (Wisconsin) News (November 25, 2009):

When detainees at Camp Cropper [in Baghdad] want to get under the skin of guard force soldiers from the 829th Engineer Company, they employ a tactic that would be more at home along the St. Croix River than inside a theater internment facility in Iraq: They needle the Wisconsin Guard troops about Brett Favre's success as a Minnesota Viking.

Detainees apparently realized they had a way to get under their guards' skin when guards began decorating the camp with Packers logos and team colors.

As Lt. Col. Tim Donovan, the public relations officer for the 32nd Infantry Brigade Combat Team, put it, "It's a small world."

"Election" Day

This is election day in Equatorial Guinea. If past elections are any indication,Teodoro Obiang Nguema Mbasogo will win another seven-year term as the country's president with close to 100 percent of the vote.

Welcoming Kleptocrats

In spite of the fact that blogging here has been sporadic, I can't let this story in the New York Times go without notice.

Notwithstanding a federal law and a presidential proclamation designed to bar corrupt foreign officials from entering the United States, Teodoro Nguema Obiang has no trouble visiting his Malibu estate whenever he wants to. His father, President Teodoro Obiang Nguema Mbasogo, also manages to visit the United States regularly, most recently in September when he was featured at an event at the Baker Institute at Rice University in Houston. This is the gist of a story that once again reminds us just how bad some of America's leading oil suppliers are.

One of the most important aspects of this story is the inclusion of links to a Justice Department memorandum and an ICE presentation to the French government requesting assistance in investigating President Obiang and his family.

(Roger Alford has blogged the story here at Opinio Juris.)

Blackwater Bribes

On September 16, 2007, employees of the private military corporation Blackwater (now called Xe Services) shot and killed seventeen Iraqis in Baghdad. In a tragic episode, Blackwater employees began firing at Iraqis in response to gunfire that American officials say came from other members of their own unit. An FBI investigation determined that at least fourteen of the deaths involved unjustified killings. Last December, five Blackwater employees were charged with manslaughter in connection with the case; all pleaded not guilty. A sixth employee, also charged with manslaughter, pleaded guilty.

Today the New York Times reports that four former executives at Xe Services allege that the company approved $1 million for secret payments to Iraqi government officials in an effort to calm the furor over the 2007 killings. If payments of this nature were in fact made, they would constitute a violation of the Foreign Corrupt Practices Act, which bars the payment of bribes by American companies to foreign officials.

Xe Services was denied a license to operate in Iraq in January 2009, forcing the State Department to terminate its $1 billion security contract with the company.

The Italian Case

In Milan today, an Italian court found 23 Americans guilty of kidnapping a Muslim cleric and sending him to Egypty for interrogation in 2003. All of the defendants were working for the CIA. All were tried in absentia. It is the first conviction gained anywhere in the world against Americans on charges related to extraordinary rendition, the policy of sending terrorism suspects abroad to be interrogated, often with torture, beyond the reach of U.S. or international legal protections.

If prosecutors obtain international arrest warrants, the Americans convicted today, most of whom have retired from the CIA, could be subject to arrest in virtually any country to which they might travel outside the United States.

Simon Mann's Pardon

Simon Mann, the leader of the "Wonga Coup" that sought to oust Teodoro Obiang from power in Equatorial Guinea in March 2004, has been pardoned and is returning to the United Kingdom. He was in the second year of a 34-year prison term.

A statement released by the Equatoguinean government through Qorvis Communications and Cassidy and Associates, the Washington lobbying firms being paid to burnish the country's image in the United States, suggested that Mann's release is part of an ongoing campaign to reform human rights conditions in Equatorial Guinea:

Our government is committed to continuing to address the protection of human rights and today's release is an important step in this process. While Simon Mann has admitted to participating in a coup attempt, he has also genuinely repented. We have taken this extraordinary measure to prioritize his health and well being and recognize that Mann's medical care would be bestoffered in his home country. The Government of Equatorial Guinea is in the midst of an ambitious effort to reform our judicial process and humanitarian conditions. Today's release is just one of the proactive steps that we havebeen taking as part of this process and demonstrates the sincerity of our efforts.

Others have suggested that Mann's release was part of a deal he made with the regime to gain his freedom by fingering the financiers of the coup attempt, including Mark Thatcher, the son of former British PM Margaret Thatcher. Upon his release, Mann said that he would be willing to testify against Thatcher in a British court.

Mann can be seen expressing gratitude for his pardon and for the good treatment he received while in prison in Malabo in the BBC clip available here.

Trafficking in Toxic Waste

Transnational criminal organizations (TCOs) make money both by trading in illegal commodities (e.g., drugs and endangered species) and by violating regulations related to legal forms of commerce (e.g., weapons sales using false end-user certificates). According to an informant, the Mafia is now making money by contracting for the disposal of toxic waste and illegally scuttling the ships that transport it.

Eighteen miles off the coast of Calabria in southwestern Italy, a robotic camera has photographed a sunken ship that appears to be loaded with toxic waste containers. The information told an Italian judge that the ship was one of three that he blew up as part of a Mafia scheme to profit from lucractive toxic waste disposal business.

If the waste aboard the ship proves to be radioactive, the Italian government has promised to search for up to 30 additional ships that may have been sunk by the Mafia in recent years. Greenpeace maintains a list of ships with suspect cargoes that says have disappeared off the coasts of Italy and Greece.

Another Torture Report

A 2004 report by the CIA's inspector general detailing interrogation methods used against suspected terrorists will be released next week under a court order. Newsweek has been briefed by two sources familiar with its contents and reports that one individual, Adb al-Rahim al-Nashiri, was threatened with a gun and a power drill and was exposed to a mock execution in the room next to where he was being interrogated. (The Torture Victim Protection Act of 1991 prohibits threatening any person under U.S. custody, whether in the U.S. or abroad, with death.)

CIA director Porter Goss and Gen. Michael Hayden reportedly argued against the release of the report on the grounds that doing so would damage the reputation of the United States abroad. Yes . . . well. That is precisely why Adm. Stansfield Turner, who directed the CIA during the Carter administration, argued that the question of whether a particular covert operation ought to be undertaken should include consideration of the consequences of its revelation to the public.

First and Third

We tend to do a lot of aggregating in international relations. While this is largely unavoidable, it's worth reminding ourselves from time to time that ascribing particular characteristics to the entities we study may cause us to overlook significant variations within them. States, which are still the entities we study most intensively, are commonly labeled "free" or "unfree," "democratic" or "authoritarian," "developed" or "developing," and so on. But a "free" state may have pockets of oppression (think of the period of racial segregation in the United States) and a "democratic" state may have subunits that fail to respect democratic norms (think of machine politics in Chicago or in South Texas a generation ago). Likewise, a "developing" state may have elites who control enormous wealth (think Equatorial Guinea) and a "developed" state may have pockets of poverty that mirror conditions in the developing world.

This point has been brought home by the visit of the Remote Area Medical Foundation to Los Angeles. For one week--August 11-18--an organization that began in 1985 with the objective of bringing medical care to distant parts of the developing world is offering free services to people in Los Angeles who, because they are uninsured or underinsured, have no way to pay for the care they need. Thousands of people have lined up each day at the Forum, the former home of the Lakers, to wait for tooth extractions, eye exams, diagnoses of illnesses, and treatments for chronic conditions.

Los Angeles Times columnist (and author of The Soloist) Steve Lopez has been spending some time at the Forum. In a column today, he reports that a number of the doctors who are volunteering at the Forum have noted parallels between their volunteer experiences in the Third World and what they are seeing at the Forum. One of them, Dr. Greg Pearl, when asked to note the differences between what he has seen in the developing world and what he is seeing at the Forum said, "Here, the patients speak English."

The United States is among the "rich fat few" rather than the "skinny poor many" (to use expressions I recall from a lecture by Inis Claude), but it has its pockets of Third World conditions. One of these pockets is populated by close to 50 million people without access to routine health care. Lopez's column--which is well worth reading--is aptly titled: "At free clinic, scenes from the Third World."

Thirty Years of Misrule

It was thirty years ago today that Teodoro Obiang Nguema Mbasogo overthrew his uncle, Francisco Macías Nguema, and took control of the government of Equatorial Guinea. Macías, Equatorial Guinea's first ruler after independence, was a brutal dictator responsible for the death or exile of roughly one-third of the country's population and the complete ruin of its economy. (Those who paid any attention at all to Equatorial Guinea at the time referred to Macías as "Africa's Caligula.") His fall from power seemed to offer a better future, particularly given his successor's promises to institute democracy, but for most Equatoguineans little has changed.

In spite of the adoption of a new constitution drafted in 1982 with the assistance of the United Nations Commission on Human Rights and presidential elections held in 1989, 1996, and 2002, Obiang has never relinquished power. The elections of 1996 and 2002, which were widely criticized by opposition parties and international observers, produced 97 and 98 percent majorities for Obiang. (Another election is scheduled for December of this year. Obiang has announced his intention to seek yet another seven-year term.)

The discovery of oil in Equatoguinean territorial waters in the 1990s, together with major investments by foreign oil and gas companies, have produced dramatic economic growth (an increase in real GDP averaging 14.9 percent annually from 2003 to 2008), but little of the wealth has benefited the general population. Instead, Equatorial Guinea has become one of the world's worst kleptocracies. Transparency International's most recent Corruption Perceptions Index (for 2008) ranks Equatorial Guinea among the most corrupt countries in the world (171st of 180 states ranked). Furthermore, the most recent (2009) survey of freedom in the world by Freedom House puts Equatorial Guinea among the "worst of the worst," the eight countries deemed to have the world's worst human rights conditions. Furthermore, a special report released by Human Rights Watch last month concludes that the government of Equatorial Guinea "is setting new low standards of political and economic malfeasance."

In spite of President Obiang's poor health (he reportedly has prostate cancer), prospects for change in Equatorial Guinea appear poor. Obiang's profligate oldest son is poised to assume power (as the late Omar Bongo's son, Ali-Ben Bongo, seems certain to do in the Gabonese presidential election scheduled for August 30). The country's importance as an oil and gas producer--with a production rate of roughly 400,000 barrels of oil equivalent per day--deters most governments from exerting pressure on Obiang. And if the United States and the European Union were to decide to try to punish the Equatoguinean government for its crimes, the People's Republic of China would be eager to step in with no scruples.

For what might be the worst country in the world, there is no obvious path to democracy and development.