The UN Charter outlaws war and grants nations only the right of self-defence. The trouble with the Charter is the relative calm of the graveyard in which it was charted after World War II. The A-Bomb, the weapon to end all wars, had already wrought pervasive and widespread death; peace had been won, and was now to reign eternal. It didn’t. Instead, now more own the deadly weapon, some as much as integrating those as an element of war strategy — engendering the “you attack us, we will nuke you”, syndrome. The world sits perpetually at the edge of a cliff.
There are other parables. The non-state actor has diluted the conventional formulation of an interstate war that the LOAC envisaged and for which the rules were formulated. Hence the new term, fourth-generation war that places a nation(s) in an armed conflict against a group constituting non-state actors alone. The contemporary classification that typifies such a group is pillared around al Qaeda and its various affiliates that coalesces more around a “sentiment” than the neat boundaries that define nation-states. This has forced doctrinal revisions in the theory of war the world over. This has meant retooling and rapidly changing methods of war, challenging moribund strictures. Drones remain the prime exponents of the kind of war that states now resort to. The first to come under stress in such a conduct of war is the notion of sovereignty — a concept that itself needs separate requalification.
Another is the notion of victory. Conventional war doctrines envisaged outright victory; the adage was always simple: “nations do not go to war, if they are not going to win it”. Perhaps, in the interstate scenario, it must continue to be the ruling maxim; but in a fourth generation war, there never is finite victory or loss; except when a non-state group is pushed into fighting a conventional war, as was the case in Sri Lanka. The modern war between a state and a non-state adversary permits a “relative victory” or a “relative loss”, and is used to garner space for the more critical plank, the political manoeuvre. This has been the missing link in Pakistan’s own undertaking against the TTP and is now the preferred means of the PML-N and the PTI to seek an end to the war.
War doctrines are most buffeted by technology, and quite frequently, too. Innovation introduces newer possibilities that change the way a warrior thinks. Drones have done exactly that. Their impact is, however, far deeper and challenges the basic construct of the UN Charter and the LOAC. The Charter envisioned a civil process to war, and a more deliberate and intellectual approach to conflict resolution; while the LOAC enshrined notions of proportionality, morality and chivalry in an armed conflict. Mankind over years, though, has trumped the intended civility by celebrating undiluted success and annihilation through stealth, deception and surprise. Has technology rendered the Charter and the LOAC obsolete and irrelevant? To avoid an expansive finality, there are parts that have not kept pace and are irrelevant.
This brings into focus the modern tools of war, such as the drones. Drones are brilliant in how they meld surveillance, targeting and precision engagement into one — a dream weapon combining three essential functions, all working in parallel, making decision-making almost instantaneous. And that is where complications arise because of the instant nature of the engagement. President Obama identified “imminence” of a threat; “insufficiency” of the capacity to apprehend; and “near certainty” of no collateral damage, which would drive the decision process to execute an engagement. That loosely translates into one more layer above the operator in decision-making, seeking improved fidelity while still retaining the carte blanche nature of instant engagement, albeit now with a procedural and a legal cover. But, where the operator is the CIA, as in the Af-Pak region, accountability withers in the face of exigencies. This accentuates the challenge to the conventional notions of war and armed conflict. Yet, such excursions beyond the convention would be unthinkable without technology enabling tools and application methodologies.
Notions such as “imminence” validate concepts such as pre-emption; the nature of the threat which builds itself around a “sentiment” threatens the Westphalian order of the nation-state; inciting responses, such as through drones, that place the concept of sovereignty almost into turmoil. Add to it the modern notion of trading sovereignty for mutual benefit and the entire edifice around which nations clamour to safeguard sovereignty seems archaic. Not only the principles of international engagement but the laws governing conflict have slid past fast into irrelevance. These need a major overhaul to align with contemporary needs. The principle of “overwhelming force” trumps proportionality, stealth, surprise and deception negate chivalry, and ends justify means to do away with pretensions of morality.
Drones are not the only tools that are challenging ancient conventions; other contraptions such as the “robotic mule” or the “robot-soldier” are the newer forms without any sense of chivalry, proportion or morality. When these get operationalised, the law books will need to be revised. Cyberwar is another hostile engagement between states not covered yet by the UN Charter or the LOAC.
To trump conventionality completely, the newer determinants of international engagement for war, peace, trade or interdependence are generating their own addendums to the rule books that remain hopelessly out of place and mired in the past. When success validates relevance, it writes its own rule books.
Published in The Express Tribune, June 13th, 2013.
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COMMENTS (21)
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@Mirza International laws were specifically formulated for extremely tough situations like wars including guerrilla warfare. IRA, Tamil tigers, and dozens of other groups have crossed all limits as well but a state is still held accountable by these laws. At Nuremberg trial similar arguments by German generals were rejected and nowadays it happens at ICC. Surely those who kill innocent people have be punished, I agree with you. But who has the authority to punish whom and how is clearly defined. Also TTP is not a homogeneous entity, some of its deadliest components have funding traced back to regional rivals of Pakistan. As far as Yemen and Somalia are concerned, they are quite mad at it as well, given the number of such strikes there.
@Another North Indian: "Razi, are you and Rakib the same person? "
Rakib is definitely an Indian, Razi is definitely a Pakistani. Not the same person.
Drone ops in Pakistan is stopping soon anyway. But drones are not going away from modern arsenals. Naval drones and anti-satellite satellite drones have hit the production lines. This alarms international law experts because never in the history of mankind had there been such an imbalance of power nor was it ever so easy to fight a war against 90% of countries, one at a time. In such conflicts a state actor could be rendered to a non-state actor status in a matter of months. When so much is to be gained for so little risk, reason for going to war would rather be an excuse such as terrorism, cyber attack, preemptive measure, securing supply routes, water distribution, etc. International laws are respected in a multi-polar world and that's when they were originally drawn up but in a uni-polar world they are of little use. Resurgence of Russia and China is a great hope along with countries such as Brazil and Ecuador that continue to pull us toward a multi-polar world which is also a fairer world.
Razi, are you and Rakib the same person? All we see the two of you doing here is constantly lamenting about Indians. The two of you might use your time better focusing on what is being discussed than on Indians.
@Author: "This has been the missing link in Pakistan’s own undertaking against the TTP and is now the preferred means of the PML-N and the PTI to seek an end to the war." . Are you seriously proposing that Mr IK or his party should go against the very raison-d'etre of their comrade-in-arms, the PTT?
@Razi:
The Indians here will never change.
Never is a long long time.
Just 65 years back some Indians changed into Pakistanis.
So, don't lose heart, please.
@Razi: Nadir, Hasan Mehmood, Mirza, kanwal, are all Pakistani commentators. What are they saying which is so different from the unchanging Indians?
The non-state actor has diluted the conventional formulation of an interstate war that the LOAC envisaged and for which the rules were formulated.
Is that really so?
Take the 'State' out of the 'non-state actors', and we are left with 'non-actors'. For example take out the 'State' from LeT or NWA Taliban and what is left. A bunch of riff raff that can be sorted out in 24 hours flat.
Don't believe me?
Look up the LTTE.
Or any number of leftist guerrillas operating in Europe (Bader Meinhoff, Red Brigade etc) or Africa or Latin America. With the demise of the USSR/ Eastern Europe their patronage dried up. And presto, No State Sponsor = No non-state actors.
The same applies to others to.
The Indians here will never change.
@Mirza:
{Why the Muslims of other countries like Yemen and Somalia do not react to this extent against drone attacks? Are we the only Muslim country who had been in bed with Taliban since their inception?}
Bravo for injecting such a unique and original perspective to the debate. Well done.
Cut to the chase. The issue isn't drones - the issue is the use of non state actors and countries that think they provide sanctuary to terrorist with no consequences. A drone is just an airplane without a pilot - the USA could substitute manned aircraft anytime they wanted and if they used stealth aircraft the risk to pilots would be nominal.
@author You keep on harping on 'The UN Charter outlaws war'. How many wars have your started (and lost) which is against UN Charter. A befitting answer will be appreciated.
LOL @ Nadir
Sometimes we Indians do marvel at the resilience of Pakistani masses. To survive with such AVMs is no mean feat for any nation.
No equivalent to a self motivated individual motivated by hate, fear and illusions of grandeur. Simple, low cost and effective.
Good to see AVM saab back, no lazy racism this time? Progress!
With due respect sir, if pakistan airforce had been doing its job, you would not have had to write this big peice trying to start discussing old versus new notions of war. What amazes me is that your discussion of the Drone strikes on our borders shows your almost indifference, as if a casual think tank member somewhere in another country is talking about the complications of defining drone wars in pakistan. Dear sir, this country took you where you retired from and i have not the slightest doubts as to the perks you must be enjoying even now. So how come there is no mention in your article as to why the state and army is "relatively" failing so magnificiently against these non state actors. Where was pakistan army when these militants were making hideouts in FATA? Do you believe this loosers talk will make us respect you a bit and we ll forget how you fail to clean your mess always? I guess you know my answer already. Fancy talk, blaah blaah blaah. Lots of perks and no works obviously.
“overwhelming force” trumps proportionality, stealth, surprise and deception negate chivalry, and ends justify means to do away with pretensions of morality.” The terrorists have killed tens of thousands of innocent Pakistanis and the writer calls drone attacks against them as immoral and out of proportion? Nothing could be further from the truth as hundreds of drone attacks by any other means would have resulted in a blood bath. The writer talks about morality in a war where the enemy is hidden, brutal with suicide bombings against civilians and has no morals, country or uniform so there is no reason to treat them like a regular army. All the laws and regulations apply against the armies of a country wearing a uniform and both sides observing the rules of the game not just one side. The strong reaction of some rightwing Pakistanis proves the effectiveness of drones against the TTP and other terrorist groups. Why the Muslims of other countries like Yemen and Somalia do not react to this extent against drone attacks? Are we the only Muslim country who had been in bed with Taliban since their inception?
Dear sir very interesting article. But this is not original I am afraid as the great war theorist and resident Clausewitz sir zaid Hamid has clearly said that we are facing sixth gen war. If add drones then its a seventh generation war. If you look at it historically Pakistan is the only modern nation state which has faced such a high tech war with such brilliance. This is precisely the reason why pakistan must get drone technology by hook or by crook as in case of nuclear tech.
Mulla Umar is the most modern warrior, fighting without gadgets.