The predictable recapture of the northern Iraqi city of Mosul from Islamic State (IS) marks a new milestone in the tumultuous events of the Middle East. It has important ramifications for Iraq, IS and the West.
Iraqi Prime Minister Haider al-Abadi wasted no time claiming victory, entering the ruined city in staged jubilation. Wearing military uniform, al-Abadi was swift to capitalise on the victory, signalling his authority over the entire country. He hopes to keep Iraq united through strengthened political clout on his return to the politically polarised capital of Baghdad.
But the capture of Mosul may in fact accelerate the eventual break-up of Iraq into smaller states. The leader of the autonomous Kurdish regional government, Masud Barzani, has made clear his intentions to hold a referendum on independence by the end of 2017.
Until now, Barzani had to collaborate with the central Iraqi government to clear the IS menace from Mosul and northern Iraq. Now he will have to tread carefully to meet the growing Kurdish expectation of independence and manage al-Abadi’s anticipation of gratitude for the liberation of Mosul.
Barzani and Kurds can see a historic opportunity to create a Kurdish polity in northern Iraq. The gravity of this polity is eventually expected to pull neighbouring Kurdish regions in Syria, Iran and Turkey. The Kurdish dream is to combine these regions to create a larger Kurdish state.
At the same time, al-Abadi will increase pressure on Barzani to remain loyal to a unitary Iraq. While the prime minister will spend most of his time in the safety of the Baghdad green zone, Barzani will collaborate with US forces and heavily armed Syrian Democratic Forces (SDF) to oust IS from its capital, Raqqa. He will also play a key role in further clearing operations in eastern Syria in the second half of 2017 and possibly into 2018.
With the fall of Mosul, the impending capture of Raqqa, and the confirmed death of its leader, Abu Bakr al-Baghdadi, IS’s days as a caliphate are numbered. Although some argue that IS will transform into a virtual caliphate, without a sovereign state a caliphate is meaningless and Islamically invalid.
This reality has a dramatic impact on the recruiting power of IS. It was able to attract followers with its claim to have resurrected the caliphate abolished by Mustafa Kemal Ataturk in 1924.
IS gained an almost miraculous aura after capturing Mosul with 800 fighters. In their eyes, this was proof that God was on their side. A few weeks after the capture of Mosul, al-Baghdadi declared his caliphate in the city’s historic mosque in June 2014.
For as much as Mosul had symbolic value for an IS caliphate, its loss signals an irreversible trajectory of collapse. Although IS is taking huge blows, there is no reason to believe it will disappear, much like the frustrating persistence of Taliban in Afghanistan since the collapse of its government in 2001.
Nobody should expect mass desertions from IS ranks. Its membership is likely to remain loyal and fight to the end. What remains of IS leadership holds to the theological line that the pledge of allegiance or bay’ah is binding before God, and if they abandon ranks they will die in a state of disbelief.
While this may help retain surviving militants, IS recruiting power around the world will dramatically reduce, as the greatest attraction for recruits was the promise of a utopian Islamic state.
Nevertheless IS, or whatever the group will be called in the future, will adapt and look for new missions to motivate its members and attract recruits.
One possible trajectory is a merger with al-Qaeda. This is a real possibility, as IS emerged from al-Qaeda branches in Iraq and Syria. Without a real caliphate, the line of distinction between IS and al-Qaeda blurs to insignificance, even though their leaderships were in open hostility and competed for the soul of the violent radical movement.
The ideology and the narrative of IS and al-Qaeda are the same: Western powers and their local collaborators are responsible for the occupation of Muslim territories and the ensuing suffering of Muslim populations; violent military response is the response these enemies understand and the only solution that works.
This ideology is conveniently covered by the same veneer of religious arguments to utilise the persuasive power of Islam in gaining and rallying gullible supporters to their ranks.
The more likely trajectory for IS is to ignore the spectacular failure of its state and cling to the alluring promise of a caliphate. Persisting with its brand of radicalism, IS could exist as a violent insurgent movement positioned in Deir ez-Zor, a Syrian town near the border with Iraq.
For the time being, the US administration seems determined not to leave IS any haven, Deir ez-Zor or elsewhere.
As IS regroups, it is likely to unleash violence on two fronts. The first is in the West. IS will attempt to use its sleeper cells and deploy social media to motivate a new generation of gullible minds to carry out terror attacks in North America, Europe and perhaps Australia.
The second front is where IS is based – Iraq and Syria. The conditions that gave rise to IS in the first place, such as military conflict, political instability, sectarian polarisation, ethnic divisions and corruption, continue to exist in both countries. The situation will not change overnight.
Through a drawn-out insurgency and waves of violence, IS will attempt to destabilise the Iraqi and Syrian governments in the hope of resurrecting its Islamic state. Ironically, the greatest victims will be Islam, Muslims and peace in Muslim lands.
Mehmet Ozalp, Associate Professor in Islamic Studies, Director of The Centre for Islamic Studies and Civilisation and Executive Member of Public and Contextual Theology, Charles Sturt University
US-backed forces in Iraq and in Syria are in the process of rooting Islamic State (IS) fighters out of their strongholds in northern Iraq and eastern Syria.
In the case of Mosul in Iraq, the removal of diehard IS remnants might be completed any day now. In Raqqa, the IS headquarters in eastern Syria, US-backed rebel forces are in the town’s suburbs.
How long it will take for Syrian Democratic Forces (SDF), made up of Arab and Kurdish militias supported by US artillery and airstrikes, to rid Raqqa of IS and at what cost is anyone’s guess. But it seems clear we are entering the final battle for what has served as the so-called caliphate’s headquarters.
However, what should be understood is the Syrian conflict is far from any sort of long-term resolution. It may be on the verge of becoming more complex and thus more dangerous.
The world is now observing a potentially highly volatile stage in the post-IS fight for Syria, with interested parties manoeuvring for what might be described as the “next game” – certainly not the “endgame”. Latest developments are bringing the US and its allies in Syria into closer proximity to – and possible direct conflict with – the Iranian-backed Bashar al-Assad regime, and Iran itself.
Iran’s Islamic Revolutionary Guards Corps commanders and Lebanese Hezbollah and Iraqi Shiite militias are on the ground in Syria fighting alongside Assad forces to regain territory and re-establish Damascus’s sovereignty over the entire country.
This is a fight to the death.
From Iran’s perspective, Syria – ruled by a heterodox Shiite sect – represents a vital piece in its Middle East designs. This is not least because it provides a corridor to its Hezbollah Shiite co-religionists in Lebanon. This is why it continues to invest heavily in propping up the Assad regime. A Syrian setback would be crippling for its regional ambitions.
Risks of the US and Iran rubbing up against each other in Syria and precipitating a wider conflagration are incalculable in circumstances in which America’s Middle East policy is in flux, if not in chaos. Not helping is the impression that elements of the Trump administration are spoiling for a fight with Iran without comprehending wider consequences.
And then there’s Russia. It may not have forces on the ground, but its warplanes in Assad’s service are part of a toxic brew that threatens a wider Middle East conflict. Risks grow by the day.
What is clear – as Iraqi forces retake a shattered Mosul and Syrian anti-Assad regime rebels push further into Raqqa – is that contesting forces in Syria are battling over the country’s shattered post-IS corpse. Where this will end is impossible to predict, but as a rule of thumb in the Middle East these sorts of situations do not end well.
Tensions – and risks – were underscored earlier this month when the US shot down a Syrian Russian-supplied jet in airspace to the south of Raqqa. The US has also brought down several Iranian drones in hotly costed territory around the Euphrates.
What is transpiring as an IS “caliphate” shrinks east towards the Iraq border from Raqqa is the emergence of a vacuum that various players are striving to fill, including principally the Assad regime, having regained control of the west of Syria.
Where this will go next is not clear, not least because the US has not indicated the extent to which it plans to continue to involve itself on the ground beyond rooting out IS from its Raqqa redoubt. Will it step aside when and if Raqqa falls, enabling Syrian government forces, backed by Iran and Russia and with the participation of Lebanese and Iraqi militias, to regain control of lost territory? Or will it remain a factor?
Journalist Jonathan Spyer, who has spent years reporting on the Syrian conflict and its implications for the wider Middle East, is at a loss to interpret US policy in Syria beyond its confrontation with IS. As he writes in Foreign Policy:
The crucial missing factor here is a clearly stated US policy. Trump can either acquiesce to the new realities that Russia seeks to impose in the air, and that Iran seeks to impose on the ground, or he can move to defy and reverse these, opening up the risk of a potential confrontation. There isn’t really a third choice.
Spyer quotes the Iranian Fars News Agency as saying ominously:
The imbroglio in eastern Syria has only begun. Stormy days are ahead of us.
That might be regarded as an understatement. What is clear is that the US cannot expand its presence in eastern Syria without engaging the Iranian-backed Syrian regime. As Faysal Itani of the Atlantic Council’s Rafik Hariri Centre for the Middle East observes:
The United States cannot tiptoe around Iran and the Syrian regime while capturing strategic territory and resources.
While Russia does not seek a confrontation, it appears unable (or unwilling) to restrain its allies. The United States does not seem to have decided whether fighting IS only to empower Iran and Assad would be worthwhile, or whether there is a feasible way, at an acceptable cost, to beat the Islamic State without strengthening US adversaries … It’s perfectly clear now that choosing which wars to fight or ignore in Syria is not possible – and it probably never was.
From an Australian perspective, Syria presents a concerning spectacle. Canberra suspended missions by the Royal Australian Airforce over Syria (not Iraq) after the US shooting down of the Syrian warplane out of concern over a suspension of “deconfliction” arrangements with Russia. It is not clear whether those missions have resumed.
More broadly, deeper US involvement in the Syrian conflict would potentially pose challenges for an Australian government – if indeed a request was made for on-the-ground assistance.
At this stage there is no sign of that occurring. But Australia should be prepared for an unravelling of circumstances in Syria and be ready for any eventualities. Needless to say, it should hasten slowly.
In all of this, it doesn’t take much imagination to consider what would be nightmare scenario in which the US and Iran found themselves at war. As Nader Hashem, director of the Centre for Middle Eastern Studies at the University of Denver and an expert of sectarian conflict in the region, has observed:
I suspect the biggest problem is a clash between American and Iranian forces somewhere in Syria where there will be a major loss of life, and then a slow, steady decline toward war with Iran, where Iran chooses to retaliate in the Persian Gulf with American shipping or some sort of escalation along those lines. That would have huge consequences for the nuclear agreement and the broader stabilisation of the region.
Retired United States general David Petraeus was a commander of international forces in Iraq and Afghanistan. Later he headed the CIA, before resigning amid a scandal involving his affair with his biographer.
At a Liberal Party gala dinner in Sydney on Friday, Petraeus was interviewed by Brendan Nicholson from the Australian Strategic Policy Institute.
Petraeus argued there was more continuity than change in American foreign policy under the Trump presidency; warned the “generational” fight against Islamist terrorism would last far beyond its defeat on the military battleground; and declared China’s activities in the South China Sea should be dealt with firmly.
Below is an edited transcript of their discussion.
David Petraeus: I am here, frankly, because of the fondness, the affection, the admiration that I have for, first and foremost those who have worn your uniform – especially in combat in Iraq and Afghanistan where I was privileged to command diggers and developed extraordinary respect for them – but also for the time I have spent with your diplomats, with your development workers, with your intelligence officers.
There are lifetime friendships there that are founded on periods of real adversity. When I most needed help I knew that I could call, for example, Air Chief Marshal Angus Houston and [get it] even more rapidly than I could get forces from my own country.
Although we have vast forces and they would respond after you submitted the request for forces and it went through the chain of command, the services fought over who would do it and it went to the secretary of defence the one day a week that he signed these things if he was there and then they gave him an order to deploy and then they had to prepare for deployment, Angus Houston had 60 Aussies in Baghdad within a week of my calling him.
And it was that kind of relationship that we enjoyed and [with] many, many other individuals over the years.
You heard [tonight] from one of my wartime prime ministers, for whom I had enormous respect and still do, [former] prime minister Howard.
I should note that it was a prime minister of the other party, Julia Gillard, who made the first commitment of any national leader to extend the mandate of the international security force in Afghanistan and that really opened the floodgate to something that was enormously important, which is making sure the mandate literally did not run out and it was affirmed at the summit in Lisbon that year, and her leadership was also very, very important in that.
So, this is an extraordinary relationship between our two countries.
By the way, could I offer one quick anecdote? One of the times I was here, I remember [I] was hosted for lunch by your then minister of communications at his lovely place overlooking the water outside Sydney. And we had a great conversation and at a certain point I said, now minister – you ask these things when you’re trying to make conversation – so I said: where do you see yourself five or ten years from now?
This is a little less than two years ago and he said, well let me put it into military terms for you, and he looked and he got quite serious and he said, I may be approaching the up or out moment of my career.
He flew back to Canberra that night and was prime minister two or three days later.
Brendan Nicholson: You obviously gave him some good advice.
DP: Only in Australia.
BN: General Petraeus, as many of you would know, is an example of a class of very highly educated soldier scholars with a deep knowledge of history in an understanding of the role and responsibility of the military in a democratic society.
In 1987 while he was studying at Princeton University, he produced a thesis on the American military and the lessons of the Vietnam, a study of military influence and the use of force in the post-Vietnam era.
One of your conclusions was that the Vietnam experience … had led to a pattern of caution in the US military leadership when it came to advising the government of the day whether it should use armed force to deal with situations abroad.
The second concern you raised was a lack of focus on counterinsurgency training, which you went on to rectify.
But you’ve had four decades, an extremely crowded military career – much of that time in command in both Iraq and Afghanistan. If you had the chance, how would you mark that thesis now and would you have written it differently with all the experience you’ve had since?
DP: It’s a wonderful question. Another one of the conclusions was that in crisis decision-making … what tends to weigh on you most heavily are experiences you had personally and particularly those that were most visceral.
And I think I would actually use recent events to really affirm that further, because I think what’s happened in the United States and arguably in other, particularly democratic, countries in the world is that after a frustrating, tough, difficult experience like more recently Iraq or Afghanistan, there’s an understandable aversion to this and there’s a tendency to swing and [the] pendulum goes back and forth.
Arguably after 9/11, one could say we got perhaps a bit more, I don’t know if the term would be adventurous, but more willing to intervene and then it swung with the next administration I’d argue a bit too far the other way and it has come back somewhat to what I think is actually a reasonable balance.
I’ll tick off five lessons that I think we should have learnt from the past 15 years, particularly in the Middle East, but elsewhere as well.
The first is that ungoverned or even inadequately governed spaces in the Islamic world will be exploited by extremists. It’s not a question of if, it’s a question of when and how big will it be.
The second is that unfortunately Las Vegas rules do not apply in these areas: what happens there does not stay there.
Rather, they tend to spew violence, instability, extremism and a tsunami of refugees, not just into neighbouring countries, but in the case of Syria, a geopolitical Chernobyl meltdown of a country that has actually spewed them into Europe causing the biggest challenges domestically for our allies there.
The third is, by the way, you have to do something. You can’t do what we tried to do in Washington. I’m sure it would never be done in Canberra, but that is to admire a problem until it goes away. These problems aren’t going away. So you have to do something.
And the third is, that in doing something in most cases, not all, but in most cases the US is going to have to lead – and that is because [of] the way that we’ve learned how to do this now, where we are enabling others, they’re doing the fighting on the frontlines.
That’s hugely significant because of when I get to the fifth lesson – that these have to be sustainable.
The US has more of those enablers, more of the intelligent surveillance reconnaissance assets, the unmanned aerial vehicles and other systems, the precision strike, and the industrial strength ability to fuse intelligence. If you total up all of the drones in these platforms, of all the other possible allies and partners and multiply times six, you might get to what the US can bring to the fight and these are all integrated and connected with a global satellite communication system.
So, the US is going to have to do this but we’ve got to have a coalition. Coalitions do matter. I’ve long believed in the validity of what Churchill observed that the only thing worse than fighting with allies is fighting without them.
And allies like Australia – particularly important countries that punch way above their weight class and shoulder far more of the burdens of ensuring freedom, prosperity and this rules-based international order than others.
We also, by the way, need Muslim partners. This is more of a struggle within the Islamic world – within the Muslim civilisation. It’s an existential threat to them, so more of that than it is actually a clash between civilisations – to harken back to Sam Huntington and his book.
The fourth is that in responding you have to have a comprehensive approach. You cannot counter terrorist forces like the Islamic State and al-Qaeda with just counter terrorist force operations. You’re not going to just drone strike or Delta Force raid your way out of this problem. You’re going to have to have armed forces on the ground. You’re going to have all of the elements of the civil military campaign plan that we had, frankly, in Iraq, but we don’t want to be doing all of them and we’re able now to do that in places like Iraq and in Syria and some others.
The reason that we don’t want to do that is because again it has to be sustainable – lesson number five is we are engaged in a generational struggle. And I know the leaders in here recognise that and it’s really important that that be communicated to populations, but they understand that we can carry out this generational struggle in a manner that is sustainable and sustainability is measured in the expenditure of blood and treasure.
So, you have to have a sustainable, sustained commitment. That is not easy, but we’re showing how that can be done now in these places that I’ve listed and also in others. Now there will be some, like in the Philippines, let’s say, where Australia will either lead or play a very significant role; Mali, where the French took the lead. But you will still even there find very substantial contributions from the United States.
So, those five lessons I think provide the intellectual foundation on which you will build policies and again if you come back to this, I think we’ve shifted back and forth arguably too much because of the influence of these very visceral experiences.
Vietnam weighed on that generation of officers inordinately. And I think you can be overly cautious, actually, and miss an opportunity when you should have intervened and then you have to come in later when it’s a much worse situation. But that’s the challenge and that’s the challenge that a wartime prime minister like Prime Minister [Malcolm] Turnbull bears and has to grapple with.
BN: From halfway around the world we watched with some astonishment for the best part of two years, while Americans fought this incredibly ferocious election campaign. There was dire warnings in Australia about the possible consequences, the possible return of a sense of isolationism in the United States and then the election of Mr Trump appeared to herald a more isolationist US policy.
With the benefits of several months of hindsight, do you believe that its allies in Europe and in this region can rely on America?
DP: I do. Look, I think what you have to do is jettison the campaign rhetoric or at the very least contrast it very considerably with what has actually taken place.
In some cases, it is taking a little while to get to a certain location like the presidential declaration of the Article 5 commitment in the NATO alliance that an attack on one is an attack on all. And ironically that opportunity to do that was not taken at the NATO Summit …
And then if you follow the money and follow the troops, don’t follow the tweets, follow what’s going on the ground, you’ll see the NATO forces are moving into the Baltic states and into eastern Poland.
There’s more resources from United States being provided to a European support initiative that will restore actually some of the capabilities that we took down after the Cold War now that there is a resurgence of an aggressive, adventurous Russia led by President [Vladimir] Putin.
If you look at China – most important relationship in the world – lots of accusations about China. A lot of trepidation. A phone call from the Taiwanese president was accepted without some sense of perhaps the historic nature of this and then a tweet followed that added a little bit of insult to injury.
Ultimately, there is a phone call between the president and President Xi [Jinping]. Then there’s the Mar-a-Lago summit. There’s the embrace of the One China policy and just this week, the first of four different groups that were charted by the Mar-a-Lago summit met.
This was between the secretaries of state and defence of the United States and their counterparts from China to start grappling with the really serious issues – the most prominent of which is North Korea and the desire to see China do more to squeeze, if you will, crimp down on this umbilical cord that basically keeps the lights on in Pyongyang.
You can work your way through a whole host of these different issues. The Iran nuclear deal that was going to be torn up on day one, we’re not walking away from. And it’s very pragmatic.
Unless there is really sufficient cause and a violation of that agreement, abrogating it would isolate us more than it would isolate Iran. We will counter malign Iranian influence more sufficiently and I applaud that. The America First does not turn out at all to have been America alone.
Frankly, I think the overall way to characterise American foreign policy that’s emerging is that there is more continuity than change and that even a lot of that continuity I see is improving. You see a commander-in-chief devolving authority down to the Pentagon or the battlefield commanders for decisions that I think should appropriately be made at those levels.
Now don’t get me wrong and by the way, again I remind you I’m non-partisan. I don’t vote. I don’t register. I don’t endorse. I don’t contribute. There was an op-ed that did appear in the Daily Arizonan that talked about saluting an American patriot – senator John McCain – two weeks before his election. But you know, you have to do these kinds of things for truly extraordinary people every now and then.
But so to show that, there are three areas that I do have concerns about and then one major issue that a lot of you have touched on.
Those would be climate … we’re again pledging to come out of the Paris Accord in 2020. Look, the US is going to meet its obligations anyway because of market forces, states, corporations and municipalities, but it does have enormous symbolic value and it is not something that I would have welcomed or advised.
Immigration policy – we’ve still got to work our way through that. You don’t see the wall going up yet between Mexico and I think there will be some wall.
I was asked actually when I had my audition, I guess you’d call it – my reality-TV show moment – with President-elect Trump to discuss the secretary of state job and he asked me, should we build a wall General?
And I said: sure we should build a wall, Mr President where we don’t already have a wall – you know, we’ve got hundreds of miles of wall – where it would actually do some good and in the context of a comprehensive approach that would include a variety of other elements that would actually improve security on our southern border, noting that the flow of people between Mexico and the United States has actually been from the United States to Mexico slightly, rather than the other way around in each of the last three years.
I did not note that perhaps therefore Mexico should demand that we pay for the wall. I thought that might be a bit untoward.
And then the other issue is trade and this is a very serious issue. This affects you very much. TPP, now it’s the TPP 11 – Trans-Pacific Partnership – because the 12th, the US has pulled out.
We’re going to have to see how that can go forward. We obviously have bilateral trade agreements with many of the countries … but this would be hugely significant for Vietnam and for some others. It would be enormous advantageous. Our labour movement should want to see labour treated better in some of these different countries, as would have been required.
And then the last issue is one that I think that is a still very much a legitimate issue for discussion and that is the occasional ambivalence of the United States to continue to lead the rules-based international order. I truly believe in it.
That was established in the wake of the worst 50 years of world history imaginable: two horrible world wars and the great economic depression. And it has stood the world in quite good stead since. The institutions, the financial structures, the norms, the principles, again, have really done well, but as your great foreign minister observed, [at] no time certainly since the end of the Cold War has there been as much strain, as many stresses, as many challenges to this.
And at such a time I do believe the United States has to continue to exercise its leadership and actually I think that it will.
I think first of all that you have a pragmatic president. He’s somebody who’s showed that he would do what was necessary to get elected and I think he will do what he needs to do to be successful and he will come to define that if he doesn’t already in part in that way.
Beyond that, I think the national security team that has been established is arguably the finest in recent memory: a terrific national security advisor [H. R. McMaster]. He and his deputy both had many tours together on battlefields, battlefields on the Potomac as well. [Defence Secretary] General Mattis, long-time combat comrade, buddy, boss, at one time he replaced me when I went down to Afghanistan; stayed close even after government.
The secretary of state I think is very good, superb. You just have to understand he’s an engineer. He takes things apart painstakingly. He wants to understand how they operate then he puts them back together and he doesn’t necessarily love the press. He’s not, you know, a retired four-star, you know. Never stand between an retired four-star and an open mic. You can do that with Rex Tillerson and not fear for your life.
Our US ambassador to the United Nations, former governor Haley, has proven to be superb. She’s the one who has in the early weeks been the one to go out and clarify what came out of the White House in a previous day, such as when the president said with Bibi Netanyahu there, you know, one state, two state for the Palestinian issue … and she came out the next day and announced that the US policy has been and continues to be support for the two-state solution.
So, again, I think this is a very good team and I think American foreign policy has been reassuringly impressive, actually, in the ways that it has evolved with those caveats that I mentioned.
BN: So, I’ve got ask you what sort of people are crossing the American border into Mexico?
DP: Mexicans going home.
Mexico has a manufacturing miracle underway. Monterrey is the hub of this. Anybody who hasn’t seen Monterrey, you should. This is Detroit on, you know, steroids and anything else you could possibly inject into it. They’ve done extraordinarily well. I think they’re already now the fourth-largest car exporter in the world and obviously, they have ground access to the largest economy in the world.
Now, I should note the problem with that border is that’s where Central American country refugees come through and Guatemala, El Salvador and Honduras have sent various substantial numbers because of the violence, the instability and the lack of rule of law in those countries at various points.
BN: General, some years ago the Berlin Wall came down. The Cold War ended. I think we all thought we were in for decades of peace and harmony and prosperity.
Relatively recently, some smart people have warned that we might be fighting Islamist terrorism for a century, which is a pretty daunting idea. Do you agree that the threat is likely to be that prolonged and what sort of impact is it going to have on our democracies?
DP: Well, as I mentioned earlier, I think this is at least a generational struggle and the impact therefore is that you are going to have to have a sustained commitment against it, but in a way that is sustainable.
I’d offer as an example: I’ve never doubted that Iraqi forces once reconstituted and supported by the US, Australians and the other coalition members would be able to defeat Islamic State.
I think, literally, within weeks if not days the final old city part of Mosul in which they barricaded themselves and [have been] fighting to the death will be cleared and essentially Islamic State by and large will have been cleared at least in its army form.
There would still be terrorist organisations that are carrying out bombings, but that will have been completed. We’ll put a stake through the heart of [Abū Bakr al-] Baghdadi [the leader of Islamic State] at some point in time and they’ll be defeated in Syria.
But there is still even after the ground caliphate is taken in those two countries, they’ll still be pockets of them in a number of others – North Africa, East Africa, now the southern Philippines, some other places out in the far east, Afghanistan.
They have an affinity for eastern Afghanistan where the 9/11 attacks were planned. Let’s not forget that the reason we went to Afghanistan and the reason we have stayed is because that’s where the 9/11 attacks were planned.
That’s where the initial training of the attackers was conducted and we don’t want to ever allow that to be a sanctuary for transnational extremists again so that they can do what al-Qaeda did.
So, this is going to be a long fight and the difficult area in particular is the so-called virtual caliphate. You could eliminate all of the ground vestiges of this and there’s still going to be on the internet this extremist propagation that recruits, that shares lessons on how to make explosives, on tactics, that proselytises, that tries to encourage. One [message] now is to conduct attacks in the United States.
There’s going to be a very small number of a very large population that will unfortunately be attracted by this and carry out what are termed lone-wolf attacks, but typically it turns out the lone wolf got inspiration from the internet or from some other form.
And so I think we do have to get used to this in a sense, while doing everything we can, obviously, to eliminate the risk of this, to mitigate the risk of when it does happen and so forth, but we are going to be seized with this problem for a very long time I fear.
And again, that implies a lot about how it is that we’re going to have to take this on and again it is always going to take a comprehensive approach. There’s no silver bullet that you can shoot that will make this go away.
BN: The citizens of both our countries would be deeply concerned if they felt that their personal information and transactions online – your banking information and everything else – wasn’t fully and effectively encrypted, but at the same time that would be in conflict, would it not, with the need for various agencies to have access to information right across the internet?
How do you deal with that conflict and are those two ideas heading for collision?
DP: They do collide and so my view has been that on the one hand – CIA, NSA and others – I mean, look, we get paid to steal secrets, to recruit sources, to chase bad guys. That’s what our governments pay us to do and you should expect us to do that.
And I think we ought to have the ability to crack anything, anywhere, anytime when the legal circumstances obtain. And I generally think we shouldn’t talk about it too, which is a little more difficult.
The second ,though, is that I don’t believe we should be able to compel Apple or other producers, manufacturers of devices to have a back door, for the simple reason that the criminals will find this very, very quickly.
It’s actually criminals that are finding the so-called zero-day defects and exploiting them before the firms themselves find them. There’s a whole industry of this now and you can go to the dark web and find this kind of stuff.
So, I do think this a bit in conflict. I should also note that the Snowden revelations were enormously damaging to the relationship that we had between the intelligence community and the internet service providers, the social media platforms, the CEOs and all the rest of it.
It used to be that you could go to them quietly and they would help us and we would help them occasionally, that broke down because these revelations cost tens of billions of dollars just for say Google alone. And we’ve got to rebuild that trust and confidence and that’s going to be very important in the way going forward.
There’s also a very significantly debate that has to be had I think, and I’ll be interested in the prime minister’s view on this, and that is on what [British] Prime Minister [Theresa] May has raised: enough is enough, how far will people be allowed to go in the internet? Where does free speech end and incitement to extremist violence begin? And I think that you will see a pendulum moving on this.
The key, of course, is to get it to move far enough, but not too far because then it will, you know, come back the other way. But I think there is going to be a very significant debate on this in the UK in the wake of the attacks that they’ve suffered, which have been linked back to activity on the internet.
And I think that will be instructive for all of us, and you and we and the UK all share not just a common language, but common values, common heritage and a shared future. And I think that debate is going to be one to watch and I assume that there is going to be something like that here in Australia as well.
BN: Australia is in this sort of paradoxical situation that affects many countries in the region of finding itself in a region that is the subject of some aggression from the main trading partner of most of the countries in that region.
What do you think of China’s activities in creating artificial islands, militarising them, the muscular use of its fishing fleet?
DP: Yep, which have the most sophisticated communications we have ever seen on any fishing fleet.
BN: Well, how do we deal with this? And how important are things like freedom-of-navigation exercises?
DP: Hugely important and I think we have to be firm. You know, let’s get the big idea right – better be firm.
And I would acknowledge that I think there have been times in recent years where the rhetoric at the Shangri-La Dialogue … several years ago when I heard for example, [then] secretary of defence Ash Carter, and his inaugural speech there literally pound the podium and say we will sail anywhere and fly anywhere – and it took us eight months to sail through the South China Sea. That’s not firmness.
Teddy Roosevelt did, I think, have it right on this. You know, speak softly and carry a big stick.
We should just state it, we should just do it and frankly there were opportunities when those islands were first being constructed where we could have said, OK fine, you know, and we’ll help the Philippines build there and we’ll help Vietnam here and if Malaysia wants to get into the act. Every single country that has a maritime border with China has a dispute with it.
And the Nine-Dash Line is an outrageous assertion that is completely without foundation in international law, as we found when the Philippines took their case to the World Court if you will and the case was decided in their favour.
But you know as Thucydides or someone or the Melian Dialogue said, the strong do what they will and the weak submit. I think the weak don’t have to submit, we have to collectively be firm in response.
I do think that Australia has done quite an admirable job in acknowledging this curious duality where their number-one trading partner is also, arguably the number one security cause for concern and the number-one security partner is the United States, which again has China as its now number-one trading partner, but also our number-one strategic competitor.
This relationship between the US and China is absolutely crucial. There’s a wonderful new book out again by the professor up at the Belfer Center at Harvard, Graham Allison. It’s titled Destined for War – there’s no question mark.
You know, it’s about can China and the United States avoid the so-called Thucydides Trap, and it’s called that because Thucydides wrote about the Peloponnesian War – Sparta is the established power, Athens is a rising power and Thucydides writes they inevitably went to war.
And so, of course, we don’t want that in this case. He then reviews a number of cases that go back about five centuries – 75% of the time there was war in that situation – and we need to obviously avoid that this time.
So, I think is where the strategic dialogue with China is crucially important and this is where again I think you see heartening development in the relationship between the president of the United States and the president of China, and now these relationships at the levels below and I think that’s very important.
By the way, I’m the one that believes we should have a strategic dialogue with Russia as well. Yes, we have many conflicting interests. Yes, they have been extraordinarily over-aggressive against Georgia, in Crimea, south-eastern Ukraine, flights that come very near to our aircraft, a variety of other actions. But in Syria, the ultimate resolution is going to require Russia to be at that table.
By the way, I think the ultimate resolution is not going to be what is sought through diplomacy, which is a democratically elected multi-ethnic, multi-sectarian government in Damascus for all of Syria.
I think it’s going to be something that basically just tries to stop the bloodshed with a series of local ceasefires around the periphery of a rump Syria. Some will be guaranteed by Turkey, some by the United States, some by Jordan and the US, and so forth. But Russia is going to have to at least tacitly, if not formally accept that.
BN: Do you think countries like Australia should carry out freedom-of-navigation operations within the 12-mile perceived boundaries round those artificial islands?
DP: Look, I do, but these are tough calls for national leaders. The fact is that the islands have been constructed.
I talked to Ash Carter about this. I said don’t use the term “reclamation”. They’re not reclaiming anything. They’re building islands. These are on rocks that were below the level of the sea at high tide, which gives you no justification for anything if you actually had a claim to use them in the first place, which they don’t.
And so, yeah, absolutely, I think that should be the case and again quietly done. We don’t have to have brass bands and fanfare, but it should be done and I think countries of the world should indeed do that, and I again if it can be done as a coalition I think it obviously says much more.
BN: Again on a subject you touched on: the recapture of Mosul and the capture of Raqqa, which appears to be likely, will clearly, significantly reduce the power of the Islamic State terror group in terms of major military operations, but what comes next?
DP: I’ve actually written about this, that the battle that matters most is the battle after the battle.
There’s been no doubt again that we would enable our Iraqi counterparts to defeat the Islamic State on the ground. The question is: after that can the Iraqis achieve governance that is sufficiently representative of all the different groups? And by the way Nineveh Province, of which Mosul’s the capital, is where I spent the first year of the war after the fight to Baghdad and it is the most complex human terrain of all of Iraq.
Can you get adequate representation of all, reasonable responsiveness to all those groups within means and most importantly guarantee minority rights, not just majority rule? That’s a tall order and it will not be easy. But if you don’t get that right, there will be once again fertile fields for the planting of the seeds of extremism and the rise of ISIS 3.0.
BN: You worked closely with Kurdish fighters in your time in Iraq. Now those Kurdish groups are playing a major role in the campaigns to recapture significant parts of Iraq.
They’ve recaptured significant parts of Iraq all by themselves with help from the United States and allies, but also they’re playing a major role in Syria. Is that likely to lead to the creation of a Kurdish state?
DP: No, and that’s a great point. One of the strategic revelations of what’s happened is recognition that the Syrian Kurds do not want to be part of a greater Kurdistan – that is, part of the Iraqi Kurdish regional government.
In fact, the Iraqi Kurdish regional government has significant political disputes ongoing right now. They will have a referendum on independence. Masoud Barzani, the president of the Kurdish regional government, has pledged this.
But I literally don’t think they can afford to be independent. We calculated at one point – the CIA – that they needed to export about 800,000 barrels of oil at US$105 per barrel. They are only producing 800,000 barrels on a really good day and exporting a subset of that now in the forties per barrel. So, they still need some of what they get from Baghdad.
Keep in mind that Iraq for all of the centrifugal forces pulling it apart has a huge centripetal force and that is the central government’s distribution of the oil revenue. That is absolutely crucial and that is keeping that country together.
The Sunni Arabs, for all of the differences they have with Shia-led government in Baghdad have no alternative, but to getting that. So maybe you get a new deal with Baghdad, gets greater devolution of power to the provinces, the Sunni provinces, as they have and some of the others. But I think they stay part of Iraq and I think that the Kurds will stay part of Iraq for some time longer as well.
I think, ultimately, they probably do have a right to an independent state and an independent people, but again they’re going to have to get a good deal. This has to be an amicable divorce with Iraq and a good deal with Turkey before they can risk that.
BN: You were able, I think, in Iraq to negotiate with diverse and opposing tribal factions. Do you believe that after all the violence and bloodshed that we’ve seen in Iraq and Syria that that sort of rehabilitation is possible again?
DP: I do. And look, by the way, when I was negotiating that I had a great position. I was the sheikh of the strongest tribe in Iraq. Having 165,000 American soldiers, sailors, airmen, marines, and then tens of thousands of additional coalition forces and others, was hugely helpful.
But I do actually think the prime minister of Iraq, Haider al-Abadi, knows that there has to be inclusive governance and I think that he is determined to that and I see break-off factions within the Shia, who I think will enable that as well.
On June 29 2014 – nearly three years ago to the day – Abu Bakr al-Baghdadi took the pulpit at the Great Mosque of Al-Nuri in Mosul in northern Iraq. He announced the creation of a new Islamic State that stretched across the borders of Iraq and Syria. Declaring himself Caliph Ibrahim, the leader of all Muslims, he implored the faithful from across the world to make the pilgrimage to come and serve.
Yesterday, in the midst of what are likely to be the final stages in the Battle for Mosul, the Islamic State appears to have destroyed the Great Mosque of Al-Nuri and its iconic leaning minaret.
As the Iraqi poet Ahmed Zaidan has said, the Great Mosque was not only a significant cultural heritage site for Muslims in general, but it was also regarded as an essential part of the Mosul skyline – a symbol of the city’s long past and diverse communities. The building itself was erected in 1172 by the great Nur Al-Din ibn Zengi (1118-1174), widely regarded as the man who launched the first successful holy war against Western crusaders.
It would be cynical and unwise to dismiss the destruction of the Great Mosque as a last desperate effort by the IS, a fit of rage in the face of imminent defeat. From their inception, the IS have been engaged as much in a symbolic war as they have a military one. And as their capacity to hold and defend territory shrinks, this war becomes key to expressing their power and ideology and imploring their adherents to continue the fight.
An attack on heritage, an attack on Mosul
The IS has been involved in the deliberate destruction of sites that are held most dear by local populations. A key reason for this is to discourage the millions of refugees and displaced from returning and re-building their fragile and cosmopolitan communities.
As our ongoing research, which includes interviews with displaced Iraqis from Mosul, is starting to reveal, many Yezidi and Christians have claimed that they will not go back to their traditional homelands. This is in no small part because their sacred sites – their spiritual connection to the place and their heritage – have been so systematically ruptured by the IS’s destruction.
The Great Mosque of Mosul is no different. The people of Mosul – and more broadly of Iraq – were extremely proud of the mosque and its leaning minaret, which appears on the 10,000 Iraqi dinar banknote. They will lament the destruction of the mosque in much the same way that they continue to mourn the countless archaeological sites and churches that the IS has destroyed.
Another key reason to destroy the Great Mosque of Al-Nuri is that it has already yielded them news attention from across the world. By destroying the mosque, the IS are drawing attention to the fact that many in the West might care more about the destruction of a mosque than the horrific human tragedies unfolding every day in Iraq. Such an attack is therefore also an attack on the “Western” ideology that values the preservation of heritage such as the mosque.
Finally, when Mosul is eventually re-taken from the IS it will be the product of a long and complex battle by a combination of Shia, Kurds and what the IS sees as crusaders (Westerners). It would be a disastrous symbol of defeat for the IS if such forces were to take the pulpit in the Grand Mosque and declare victory over the Caliphate. To destroy the mosque is to deprive their enemies of this opportunity.
The destruction of heritage is always deplorable, and forces us to ask how we value the past and what we can learn from it. However, heritage is also about the future – it is a fundamental part of the recovery of societies which have been affected by war and conflict; it is the glue that holds together such fragile and diverse communities.
The destruction of the Great Mosque is not only an attack on the social fabric of Mosul, it is also a deeper attack on the Iraqi people; a symbol of the many challenges that lie ahead as they try to re-build a peaceful and positive future after the horrors of the Islamic State.
Federal and state leaders have ramped up anti-terrorism provisions and plan to meet again soon for a broad review of the nation’s legal and practical security preparedness.
Malcolm Turnbull won support from the Council of Australian Governments for a tougher approach to parole and bail, where people have had terrorist connections.
States and territories agreed to strengthen their laws to ensure a presumption against granting bail or parole when people had “demonstrated support for, or have links to, terrorist activity”.
In the wake of this week’s Melbourne attack by Somali-born Yacqub Khayre, Turnbull demanded that state attorneys-general should sign off on parole applications when there was a terrorism link, rather than parole authorities.
Khayre, who killed the receptionist at a serviced apartment block before he was shot by police, had been out on parole, despite having a violent history and known past links to terrorism.
Turnbull said what COAG had agreed to was consistent with recent changes made by New South Wales.
He said if the change had been in place, it was inconceivable Khayre would have been given parole. The challenge of overcoming the presumption against release would be “very high indeed”.
The leaders also decided to hold a special COAG meeting as soon as practicable “to fully and more comprehensively review the nation’s laws and practices directed at protecting Australians from violent extremism”.
Victorian Premier Daniel Andrews, speaking at the joint news conference after the meeting, delivered a blunt warning that people had to expect curbs on civil liberties.
“I think we are at a point in our nation’s history where we have to give very serious consideration to giving law enforcement some tools and powers that they don’t enjoy today,” he said.
That might be unpopular with the civil liberties community, and involve curtailing the rights and freedoms of a small number of people, he said. But “that is what will be needed in order to preserve and protect a great many more”.
COAG had reports from ASIO, the Australian Federal Police, Turnbull’s cyber-security adviser, Alastair MacGibbon, and the counter terrorism co-ordinator, Tony Sheehan. The meeting had originally been expected to be dominated by a briefing from Chief Scientist Alan Finkel, who presented his report on energy security. But the recent events in Britain and Melbourne meant that terrorism was an equal focus.
Also on security, the leaders:
agreed to having security-cleared corrections staff as part of the counter-terrorism team in each jurisdiction. This is designed for better sharing of information;
agreed on the importance of close co-operation between all levels of government and with the private sector in protecting crowded public places;
discussed strengthening the security of public and private IT systems in the context of the WanaCry ransomware campaign, which locks computer files and demands payments to unlock them;
committed to governments continuing to work together and with industry to manage the security risks coming from foreign involvement in the nation’s critical infrastructure; and
ordered further work on a nationally consistent approach to organised crime legislation.
Turnbull stressed that when it came to overcoming the terrorist threat, “governments cannot simply set and forget”.
On Sunday, Ariana Grande played to a packed house of 60,000 fans at Manchester’s Old Trafford Cricket Ground, in tribute to the 22 people killed at Grande’s Dangerous Woman concert in the same city two weeks ago. She was joined on stage by pop stars including Miley Cyrus, Katy Perry, Justin Bieber and Pharrell Williams.
One Love Manchester aimed to counter the effects of terrorism by spreading messages of unity and love through music, harnessing pop as a personal and collective coping mechanism in the face of tragedy. But in troubled times, can music really heal?
The Manchester bombing is the latest in a line of assaults on entertainment venues, including the attack on the Eagles of Death Metal concert at Paris’s Bataclan Theatre in 2015, and at the Pulse gay nightclub in Orlando, Florida, last year. These are seemingly inspired by a desire to curtail Western liberal freedoms, and specifically the freedom of women, the gay community and the young people who are celebrated in pop music.
Given the sentiment of the event, Grande drew some backlash on Twitter for performing her risqué song Side to Side. But as she revealed during the concert, she had changed her set list after talking with the mother of 15-year-old Olivia, who was killed in the bombing. During their emotional meeting, Olivia’s mum said that she “would’ve wanted to hear the hits”.
Evidence shows that bereaved families increasingly choose to commemorate loved ones with contemporary songs with which they, or the deceased, personally identify.
An Australian funeral services provider reported Queen’s The Show Must Go On or Another One Bites the Dust were increasingly popular funeral songs. In the same way, pop concerts are built on a known repertoire of songs, which the audience predicts. This assists in the ritual communication of emotion.
Pharrell Williams’ upbeat Happy embodied the concert’s defiant stance on terrorism, suggesting that fear can be triumphantly overcome through the enactment of happiness and joy. Coldplay’s touching performance of Fix You allowed for the expression of mourning and collective grief.
Robbie Williams led the audience in a version of his song Strong, changing the lyrics to, “Manchester we’re strong, we’re strong”. Cultural studies theorist Graeme Turner has argued that this sort of sharing brings with it a temporary experience of equality and comradeship between many people.
Black Eyed Peas’ Where is the Love?, inspired by the September 11 terrorist attacks in the US, has become an anthem for countering terrorism and related anti-Islamic sentiment. It provided the Manchester audience with an emotional bridge to the larger, global community of those affected by terrorism.
We need to do more research to understand how these shared emotions and experiences can be galvanised to create longer-term resilience and solidarity. But for this night, One Love Manchester demonstrated the power of music to heal an urban community and bring people together.
Legitimate questions certainly arise from the weekend outrage in London, but they are not those immediately provoked by Pauline Hanson or Donald Trump.
The US president’s impetuous reaction was to tweet that the attack on London Bridge and the Borough Market proved that American courts should “give us back our rights. We need the Travel Ban as an extra level of safety!” Note the exemplary use of the exclamation mark. However, Trump did have the grace eight minutes later to offer a form of condolence to the British people – “WE ARE WITH YOU. GOD BLESS!”
The capitals presumably mean either that he was shouting or that he really means it. Not so the One Nation leader, who chose to use Twitter to desecrate the warning from the British authorities for people to “run, hide and tell” by declaring that it was time to “stop Islamic immigration before it is too late”.
Labor’s Penny Wong rightly declared Hanson’s eructation “irresponsible and crass”. One of Australia’s foremost counter-terrorism experts, Greg Barton of Deakin University, went further, telling me that what the One Nation leader was saying was “downright dangerous” on at least two counts.
One, in this age of postmodern terrorism, Islamic State operates as the first metaphysical nation with no dependence on physical territory or traditional communication to wield its power. In that environment, the security authorities rely on tips from the communities from which impressionable operatives emerge.
Maligning those very communities, Barton says, tends to make its members turn inward, reducing their trust in the authorities and diminishing the likelihood that they will report the wayward behaviour of people they know. Witness the bizarre spectacle of the Manchester bomber, Salman Abedi, praying loudly in the street.
Second, it encourages the very sense of alienation, the feeling that they are stigmatised outsiders, that leads people to lose their sense of belonging. That makes them more vulnerable to the brutal siren call of murderous extremists.
Hanson either does not know this or does not care, because it is likely that her anti-Muslim message, basically a reworking of her initial hostility to Aborigines and then to Asians, appeals to much of One Nation’s base. What more would you expect from a person who over two decades has used the public purse to turn politics into a highly successful small business?
There are legitimate questions, though, about this latest attack in the UK, the third in as many months. One is whether Britain has a peculiar problem when it comes to these apparently autonomous acts of ghastly violence. The other is whether the London Bridge/Borough Market attack had anything to do with the UK election, now only days away.
The answer to the latter is probably not. As Barton points out, if the perpetrators had wanted to influence voters, they or their sponsors would have made a statement to that effect in some form, either direct or allusive.
That is not to say that the violence of Saturday night won’t affect the result of Thursday’s poll. Conventional analysis has it that assaults on security tend to favour the incumbent, especially if they are from the centre right.
Theresa May’s Tories consistently poll as “better for” national security than Jeremy Corbyn’s Labour Party. But this has not been a conventional UK election campaign and there are also questions about whether a sense may take root within the electorate that the government is failing to protect the community, following two fatal acts of terrorism in just a fortnight – Manchester and now London. May was, after all, home secretary, responsible for domestic security, for six years before she became prime minister.
She has not had a good election. Gone are the days, less than two months ago, when it looked as if she could gain a majority of 100 in the House of Commons, knocking Corbyn for six. Her refusal to engage with Corbyn was seen as arrogant, and UK voters are sick of going to the polls (three times in less than two years). There was also her blunder on a “dementia” tax, essentially a proposal to make the elderly contribute to their health care if they have combined assets of more than £100,000.
Immediate public outcry forced a U-turn, but the damage had been done. As campaign managers would say, May had gone “off-message”. The election was no longer a plebiscite on her managing of Brexit, but an argument about health and welfare, traditional Labour turf.
It was a surprising mistake, especially given that as a political up-and-comer May warned the Conservatives back in 2002 that it had become the “nasty party”. Its base was “too narrow” and on occasion so were its sympathies, a sermon this child of the manse had clearly forgotten delivering.
On the question of security, the message from the voters is decidedly mixed. In the wake of the Manchester attack Corbyn boldly, but deliberately, stated:
Many … professionals in our intelligence and security services have pointed to the connections between wars our government has supported … and terrorism here at home.
I have been here with the G7, working with other international leaders to fight terrorism. At the same time, Jeremy Corbyn has said that terror attacks in Britain are our own fault.
Corbyn was “not up to the job”, she said. He also faced criticism from within his own ranks, but it seems May’s decision to play the security card was not as effective as she might have hoped, because the opinion polls continued to tighten in Labour’s favour.
None of this means May will lose when the votes come in on Thursday. Rather, it shows that national security is a more complex issue in the UK these days, after a decade and a half of unpopular wars and years punctuated by regular, fatal terrorist attacks.
It is not clear whether the story is the same in either the United States or Australia. It is possible this is one way the UK is grimly unique.
Reports that only two of these 40 fighters have been prosecuted on return are concerning. This suggests there are serious deficiencies in the government’s ability to successfully prosecute fighters returning from these foreign war zones.
This is despite recent changes to the law in which the federal parliament strengthened many foreign incursion offences. It is an offence for a person to enter a foreign country with intent to engage in hostile activity, or even to prepare to do so. Both these offences are punishable by life imprisonment.
So what makes it so difficult to prosecute returning foreign fighters? And what other options are available?
When police investigate a terrorism plot within Australia, they can collect a wide range of evidence to later prove terrorism offences in the courtroom.
Depending on what an investigation uncovers, this evidence can include weapons and ammunition, extremist material stored on CDs and computer hard drives, and bomb-making materials.
A significant category of evidence used in terrorism trials is transcripts of conversations that Australian police or intelligence agencies have covertly recorded. The statements of witnesses, including undercover intelligence officers, can also be used to prove a person’s guilt.
In theory, similar kinds of evidence could be obtained from overseas and used in an Australian courtroom. Amendments made in 2014 to the Foreign Evidence Act allow for foreign evidence to be adduced in terrorism trials, provided the evidence would not have a “substantial adverse” impact on the ability of the accused to receive a fair trial.
Foreign evidence will not be admissible if the judge is satisfied it was obtained through torture or duress.
In reality, collecting evidence in a foreign war zone is near impossible. Ordinarily, evidence could be provided to the Australian government by a foreign authority, collected through a joint operation with a foreign police service, or recorded on surveillance devices with the consent of an appropriate foreign official.
Syria and Iraq remain in a serious state of armed conflict and lack the governance structures for these to be realistic possibilities.
Another obstacle is that much of the information about Australians fighting overseas comes from foreign intelligence services, including the UK’s MI6 and the US Central Intelligence Agency. Conditions imposed on the sharing of this material mean the vast majority of it cannot be used as evidence in case it is exposed in open court.
Witness statements could be used to support claims of Australians engaging in terrorism overseas, but unless these are from reliable eyewitnesses, much of this could be excluded as hearsay.
In short, in the absence of an admission, confession or guilty plea, it is likely to prove extremely difficult to prosecute fighters returning from Syria and Iraq.
Declared area offence
The most viable option would be to prosecute a returning foreign fighter for entering or remaining in a declared area. This offence, punishable by ten years’ imprisonment, was introduced in 2014. It does not require proof that an individual engaged in hostile activity. It merely requires that the person was present in an area that the foreign minister has declared a “no-go” zone.
Currently, the only declared areas are al-Raqqa province in Syria and the city of Mosul in Iraq. It may still be very difficult to prove that a fighter was in one of these areas. It is possible that video evidence could provide proof, if somebody happened to film a fighter in a recognisable location and the footage was posted online or could otherwise be reliably obtained.
What other options are available?
The difficulties in prosecuting returning foreign fighters does not mean Australia faces a “deluge” of foreign fighters “roaming free” without consequence. Many more may still be killed overseas, and others may choose not to return.
At a minimum, those who do return will be subject to close scrutiny and surveillance by ASIO and the Australian Federal Police. If their behaviour becomes criminal – and there is a long list of broad terrorism offences – prosecution could become viable.
Returning foreign fighters may also be subject to control orders. These court-imposed orders enforce requirements such as abiding by a curfew, reporting regularly to police, and wearing an electronic monitoring bracelet.
A control order does not require proof that a person has committed a criminal offence. If a person breaches the conditions of an order, they will face five years in prison.
Australian police and intelligence agencies will explore these and other possibilities to ensure returning foreign fighters do not cause harm to the community. It is possible that prosecution may still be the intended strategy in many cases. But it takes time to build a solid case given the difficulties of gathering evidence.
Even so, the apparent challenges with prosecution suggest that returning fighters will pose a difficult security challenge for Australia in coming years. Surveillance of large numbers of returning fighters will be expensive and require significant resources, so this is not a realistic long-term solution.
These difficulties also demonstrate the limits in continually responding to terrorism with ever-stronger counter-terrorism powers. Many of the laws now proving difficult to prosecute were framed by the Abbott government as an urgent and necessary response to terrorism.