A Breakthrough Agreement at Risk; An Unorthodox Approach Might Support It

According to a December 9, 2013 editorial in the New York Times, reports have circulated in Washington recently that Senator Robert Menendez, a Democrat, and Senator Mark Kirk, a Republican, are preparing legislation that would impose new sanctions on Iran’s remaining exports and strategic industries if, at the end of six months, the interim nuclear agreement signed in Geneva goes nowhere.  The editorial explained both US and Iranian officials have made it clear that such legislation could be fatal to the agreement. The Iranian Foreign Minister, Mohammad Javad Zarif, told Time and the New York Times during an interview in Tehran on December 7th that “the entire deal is dead” even if the penalties do not take effect for six months.   The editorial’s authors went on to state that similar mischief was afoot in the House of Representatives.  Democratic Majority-Whip Steny Hoyer denied an allegation, reported in the Washington Post, that he was working with Eric Cantor, the Republican Majority Leader, on a resolution that could sharply limit the outlines of a final agreement or call for imposing new sanctions.

The reactions of Members of Congress toward Iran, particularly in light of the concessions made on economic sanctions in exchange for Iran’s promise to moderately cutback on its nuclear activities, were predictable.  The Congress has made it known for some time that is far less understanding than the Obama administration of Iran’s pleas for relief from economic sanctions imposed by the US due to its nuclear efforts.  US diplomats had to appear before Congress just before the Geneva meeting to head-off a Congressional move to impose even harsher economic sanctions on Iran unless Iran froze its nuclear program.  The Members negative positions stem not only from a history of uncongenial relations with Iran, but also from a plethora of detailed information on Iran’s nuclear activities, regularly provided by unofficial and official sources, including the US intelligence community.  They are also aware of hard line comments of senior Iranian leaders in Tehran.

In addition to his warning on further sanctions, Zarif surprisingly has made statements referring to the Obama administraions dfficulties working with Congress on sanctions.  In his December 7th interview, he stated, “We believe that the US government should stick to its words, should remain committed to what it stated in Geneva, both on the paper as well as in the discussions leading to the plan of action.”  He also stated that “. When Secretary Kerry talks to the US Congress, the most conservative constituencies in Iran also hear him and interpret his remarks. So it’s important for everyone to be careful what they say to their constituencies because others are listening and others are drawing their own conclusions.” 

Zarif and senior Iranian officials are astute enough to know, many of them having been educated in the US, that when dealing with the US, ultimately, issues do not center solely on whoever occupies the Oval Office at any given time.  They concern the US government.  The Iranians should be aware that the US system of checks and balances, its government has three branches: executive, legislative, and judicial. In the legislative branch, Members of Congress serve as the people’s representatives and oversee what the country does at home and abroad, including the creation of international agreements.  While an agreement with Iran would not result in a formal treaty and not be subject to ratification by the US Senate, the removal of existing economic sanctions would require Congressional approval.  If by some chance, Iran’s got everything it could ever have wanted regarding sanctions in Geneva, it would only be half the battle. 

Iranian President Hassan Rouhani, in his inaugural address, stated, “To have interactions with Iran, there should be talks based on an equal position, building mutual trust and respect, and reducing enmity.”  However, the US and Iran in fact are not negotiating as equals in all respects.  Their respective governments have two different systems.  For example, the Supreme Leader of Iran, Ayatollah Ali Khamenei, can issue what amounts to an edict on “heroic flexibility” regarding the Geneva nuclear talks, that the enitre Iranian government must follow.  US President Barack Obama cannot require all branches of government to obey any foreign policy concept he might declare.  

The process of direct negotiation between the US and Iran has been a new and unusual process for the long-time adversaries.  It requires professionalism, great diplomatic acumen, innovation, and mutual support.  The administrations of both Obama and Rouhani want a deal on Iran’s nuclear program and US sanctions.  Issuing warnings to the Obama administration over what the Congress might do is counterintuitive.  It certainly does not make the job of convincing Congress to accept an agreement with Iran, or refrain from passing new legislation on sanctions more difficult. 

Rather than discuss what Obama, Kerry, and the foreign policy apparatus of the US government must do, it might be more constructive for Zarif to consider what he might be able to do in support of the administration’s efforts to lessen sanctions.  Zarif and his superiors have a mutual interest in preventing Congress from legislating any new economic sanctions and encouraging it to remove old ones.  One unorthodox approach might include having Zarif speak with the Congress about sanctions and the nuclear program.  It may build some confidence among the Members in the Geneva process who remain uncertain of Iran’s intent and of the likely outcome of an agreement.  Involving the Congress in the interaction between the US and Iran in this manner might prove crucial to its outcome.  US President Woodrow Wilson learned this the hard way.  Wilson refused to include US Senators among the negotiators accompanying him to the Paris Peace as suggested by his rival, Republican Majority Leader and Foreign Relations Committee Chairman Henry Cabot Lodge.  Wilson needed Lodge’s active support to ensure Senate approval of the Treaty of Versailles.  As a result of that “offense”, and Wilson’s refusal to negotiate with Lodge on the treaty, Lodge gave little support to the Treaty of Versailles. In the end, on November 19, 1919, for the first time in its history, the Senate rejected a peace treaty.  It is not publicly known if any Members of Congress have requested to hear from Zarif.  However, the Obama administration might kindly suggest that the Members do so.

If Iran is truly all in on getting an agreement and removing sanctions, it needs to commit to making that a reality.  Mutual support is what is needed.  Whether Zarif would ever appear before Congress in support of the Geneva process is uncertain.  Although Zarif would be supporting the Obama administration’s efforts, it might be believed among his superiors and hardliners in Iran that he was being brought to Capitol Hill to “beg” Congress for sanctions relief.  Hopefully that would not be the thinking in Tehran because having Zarif come to Washington might eventually become a necessity to secure an agreement. 

When bilateral negotiations on Iran’s nuclear program in Geneva began to appear possible, just before Rouhani took office, there was an effort afoot in the US Congress to impose further sanctions on Iran.  Hope was expressed in an August 8, 2013  greatcharlie.com post that such very poorly timed incidents and other encumbrances coming from both sides would be worked through by Kerry and Zarif given their talents.  The threat of sanctions at this juncture represents a real obstacle to the on-going Geneva process.  Yet, as long as cooler heads prevail and some thought is given by both US and Iranian diplomats to how they might provide mutual support for their efforts, such difficulties can also be overcome.

Officials Highlight the Positive after Talks on Iran’s Nuclear Program, But Reality Will Eventually Strike

According to an October 17, 2013, New York Times article entitled, “Officials Highlight the Positive After Talks on Iran’s Nuclear Program,” negotiators from Iran and the EU, in a rare joint statement, explained that talks on Iran’s nuclear program were “substantive” and “forward looking.”  They indicated that the representatives of the P5+1 (the Permanent Five Member States of the UN Security Council: US, Britain, France, Russia, China plus Germany) and Iran were planning to meet again in Geneva on November 7th and 8th.  While optimism was expressed following the meeting, the New York Times  article explained a number of thorny issues still needed to be resolved and would require considerable work from all sides.

Initially, the Russians were not very positive about the October talks in Geneva.  Sergei Ryabkov, Russia’s Deputy Foreign Minister who participated in the talks was more skeptical.  He told the Russian news agency Interfax that the two sides were still “kilometers apart” and that the talks here had been “difficult, at times tense, at times unpredictable.”  Yet, the reality is that Russia has been very supportive of the nuclear negotiations with Iran, and quite willing to lend its support to finding a solution.  In previous negotiations on Iran’s nuclear program, Russia was also supportive.  After Iran dropped a suspension agreement by enriching uranium and its negotiations with Britain, France, and Germany broke down in 2005, Russia proposed that Iran share ownership of a uranium enrichment plant in Russia and relocate its enrichment activities there.  When Western negotiators proposed that Iran agree to stockpile its enriched uranium abroad as a confidence building measure, Russia had offered in 2009 to provide a storage site on its territory.  However, unlike the past, in current negotiations, Russia is directly supporting the positions and demands of its ally, Iran; very likely to the detriment of both countries.

Russia’s support of Iran, particularly on the nuclear negotiations, is understandable given its considerable stake in its “positive” outcome.  The Russians hope an internationally accepted agreement on Iran’s nuclear program would obviate the need for the US missile defense in Europe.  With the threat of an Iranian attack eliminated by the agreement, the defense system would be dismantled.  Russia hopes to benefit from the rather substantial contracts it would receive from Iran for the maintenance and construction of an internationally approved nuclear program.  The lifting of economic sanctions on Iran would enable Tehran to pay the Russians for work on its nuclear program.  The negotiations provide Russia with one more opportunity to demonstrate to the world what stalwart ally it can be, even against the US.

However, US Secretary of State John Kerry has rejected the idea of altering the US policy on missile defenses in Europe due to any perceived thaw in the long US-Iranian enmity.  Further, although Russia has called for the removal of all economic sanctions on Iran, the US has made it clear, at least publicly, that major economic sanctions will not be lifted until all of the US demands have been met.

Russian support of Iran’s positions may be creating false hope in Tehran that they are attainable, leading Iranian negotiators to stubbornly insist on their demands, which in the end may cause the talks to fail.  By all accounts, Iranian negotiators came to the Geneva negotiations eerily confident in their positions.  They have rejected previous proposals to relocate uranium.  Iranian Deputy Foreign Minister Abbas Araqchi explained on Iranian State Television, “We will negotiate regarding form, amount, and various levels of [uranium] enrichment, but the shipping of [enriched] materials out of the country is our red line.”  In turn, the Iranians stated, just as the Russians, the West should relax economic sanctions on Tehran as a goodwill gesture.  Iran’s chief negotiator, Iranian Foreign Minister Mohammad Javad Zarif is already under extraordinary pressure from Iran’s Supreme Leader, Ayatollah Ali Khamenei, the Iranian Revolutionary Guards Corps, and hardline political leaders and clerics to secure an agreement that recognizes Iran’s right to have a nuclear program, including the right to enrich uranium.

Zarif has done his best, attempting to promote the legitimacy of Iran’s positions through very elegant, well-considered power-point presentations, research documents, and proposals, in what nevertheless amounts to a “Das Best oder nichts” (The best or nothing) approach to the talks.  Zarif must deliver success on Tehran’s terms.  In the Iranian media, Zarif has gone as far as to claim, “There are indicators that [US Secretary of State] John Kerry is inclined [to advance the nuclear matter in Iran’s interests].” Yet, that perspective represents a suspension of reality.

White House officials and US political pundits have spoken and written considerably about US President Barack Obama’s desire to establish his legacy.  In many capitals around the world, this signaled that the US may be willing to make risky concessions in talks to reach agreements.  Russian Federation President Vladimir Putin ostensibly observed big concessions being volunteered in US proposals in order to entreat a dramatic nuclear arms reduction agreement between the US and Russia.  Putin ignored the proposal due to significant danger such huge cuts in Russia’s nuclear arsenal would pose to its national security.  That in part led to Obama dropping his summit meeting with Putin in August.  Most likely from Putin’s perspective, it was Obama’s uncertainty over how taking military action in Syria might affect his legacy that caused him to waver.  Putin welcomed the chance to intervene as a peacemaker.  Russia proposed, and brokered with the US, a solution to eliminate Assad’s chemical weapons stockpile.  Obama’s concept that US policy is “what makes America different, It’s what makes us exceptional,” presented during his televised speech on Syria on September 10, 2013, was attacked by Putin in his now infamous September 11, 2013 New York Times Op-Ed, explaining that “It is extremely dangerous to encourage people to see themselves as exceptional, whatever the motivation.”

The perception of a “legacy quest” approach taken by Obama and his administration on foreign policy has more than perturbed Putin.  As Andrei Piontovsky, who is executive director of the Strategic Studies Center in Moscow, was quoted in an August 7, 2013, New York Times article as saying, “Putin openly despises your president, forgive my bluntness.”  Piontovsky also told the New York Times that “Putin sensed weakness in Mr. Obama that could lead to more dangerous confrontations.”

In his New York Times Op-Ed, Putin also explained “The world reacts [to US military intervention] by asking: if you cannot count on international law, then you must find other ways to ensure your security.  Thus a growing number of countries seek to acquire weapons of mass destruction.  This is logical: if you have the bomb, no one will touch you.”  However, providing a rationale for nuclear proliferation publicly is counterintuitive and rather extreme.  Putin’s perceptions of Obama’s motives have very likely found their way into Russia’s interactions with Iran such as the meeting between a delegation of senior Russian military officials and Iranian military leaders on October 20, 2013, and have had an impact.  If a misplaced, underlying effort exists to foil Obama’s alleged legacy quest, it certainly will not lead to any positive results for Russia or Iran.  Rather, such behavior in the end may make the maintenance of global peace and security far more difficult.

When dealing with the US, ultimately, issues do not center on whoever occupies the Oval Office at any given time; they concern the country. In the US, the people’s representatives are also invested in what the country does abroad.  While an agreement with Iran would not result in a formal treaty and not subject to ratification by the US Senate, the removal of existing economic sanctions would require Congressional approval.  If by some chance, Iran’s demands were met, it is somewhat unlikely an agreement with substantial concessions, particularly those sought by Iran, would ever be approved by Congress.  The Congress is far less understanding than the Obama administration of Iran’s pleas for relief from economic sanctions.  US diplomats appeared before Congress just before the Geneva meeting to head-off a Congressional move to impose even harsher economic sanctions on Iran unless Iran froze its nuclear program.

Term-limits set by the US Constitution prevent Obama from serving a third term.  If Obama decides to accept the terms and secure the removal of sanctions, his predecessor may not choose to do the same.  She might find his agreement unacceptable.  Striking a balance between demands for relief from economic sanctions and the cessation of nuclear program may not be at issue for the next US president.  As the US is a staunch ally of Israel and to a similar extent, Saudi Arabia, she might decide to ameliorate the US approach, requiring new concessions from Iran, to include the cessation of all its nuclear activities.  The demand could possibly be made for Iran to surrender its nuclear program or face military action.

Stating the US and Iran are negotiating as equals is a truly humanistic view of their dialogue.   As Putin expressed in his New York Times Op-Ed, “We are all different, but when we ask for the Lord’s blessings, we must not forget that God created us equal.”  Iranian President Hassan Rouhani, in his inaugural address, stated, “To have interactions with Iran, there should be talks based on an equal position, building mutual trust and respect, and reducing enmity.”  However, the US and Iran in fact are not negotiating as equals.  Despite US economic woes and political divisions, which are indeed real but more often hyped in the news media, the US remains a nuclear armed superpower, fully capable of acting militarily.  Its capabilities to defeat Iran’s efforts to establish a nuclear program, a potential mission for US armed forces, are continually considered and enhanced through the development of new defense systems and military tactics.  Iran would not be able to deter a US military response by having a few rudimentary nuclear devices in its arsenal.  Threatening to attack US interests internationally or domestically using conventional forces or clandestine operatives would serve as an even lesser deterrent.

While the US, itself, is not existentially threatened by Iran, the US seeks to negotiate a settlement to protect its overseas interests and interests of its allies. The Russians should be astute enough to know that if the US is driven into a bad settlement on Iran’s nuclear program, inevitably Russia’s interests would not be served through the negotiations, and US military might very well take action against Iran.  Over the past decade, more surprising actions have been taken by the US on the Middle East and on anti-ballistic missile defense.  If Russia truly wants to be helpful to Iran in the nuclear negotiations, it must take a more pragmatic diplomatic approach to create a sustainable agreement for its ally Iran.  Russia must supplant what amounts to an unseemly underlying “vendetta” against Obama, driven by Putin’s impressions of him, with an effort to convince Iran that its current approach to the nuclear negotiations is fraught with danger.

Despite the dazzle of Zarif’s presentations, current Iranian proposals will unlikely satisfy the US government that its demands that Iran ensure its nuclear program will not become militarized.  An agreement with considerable US concessions, if reached with the Obama administration, will not be sustainable.  Negotiating a road map that would, at the end of the day, provide certainty that the Iranian nuclear program is entirely peaceful and place Iran’s program under the full control of international nuclear monitors, is the desired and required outcome. Kerry and his Russian counterpart, Foreign Minister Sergei Lavrov, worked well together to resolve the Syrian chemical weapons issue and brought the strength of their relationship to bear on efforts to rekindle an international peace conference on Syria, calling the Assad regime and the Syrian opposition together in Geneva to establish a transitional government in Damascus.  Perhaps before the next meetings on the Iranian nuclear issue, they could meet again to consider how to inject realism into Iran’s approach to the talks.

US Backs Off Syria Strike for More Talk, and Prolonged “Peaceful Coexistence” with Rogue Islamic Militants

As reported in a September 15, 2013, Wall Street Journal article entitled “US Backs Off Syria Strike for More Talk,” the Obama administration took two steps back from its push for a prompt attack on Syria, allowing several weeks more for diplomacy on eliminating Syrian chemical weapons.  The reversals on September 13th came after a week that began with US President Barack Obama insisting that the US Congress urgently approve military action.  The Obama administration turned to a Russian diplomatic proposal that was actually suggested offhandedly by US Secretary of State John Kerry while answering a journalist’s question on the possibility of military action being halted.  Under the proposal, Syrian President Bashar al-Assad’s ability to execute chemical attacks would be degraded over a period of time, without strikes.  Yet, despite this diplomatic activity, the US made it clear, according to the Wall Street Journal, that military strikes, using an international coalition, and not the UN, were still very possible and any effort to stall the chemical weapons elimination process would not be acceptable.  US officials also explained that there was also hope that through this diplomatic process, Kerry, the masterful statesman, and Russian Foreign Minister Sergei Lavrov, his sparring partner, would be able to rekindle efforts to hold an international peace conference on Syria, bringing together the Assad regime and the Syrian opposition in Geneva in an effort to establish a transitional government in Damascus.  .

However, despite the importance of these recent events, there is a crucial matter, not referenced in talks between Kerry and Lavrov: the Islamic militant presence in Syria.  Members of the US Congress gave great consideration to the issue during their deliberations on US military action in Syria.  Islamic militant factions, laden with foreign fighters, truly represent a threat to security and stability in Syria and internationally.  Anxious to garner as much support as possible from his former Congressional colleagues for immediate military strikes, when asked about the strength of the Islamic militant presence in the Syrian opposition forces, Kerry brushed off the issue of their presence in Syria as exaggerated.  Yet, even under Kerry’s assessments of the Islamic militant presence, it is clear that their numbers are significant, and they continue to grow exponentially daily.  Unlike the secular groups and moderate Islamists in the Syrian opposition, it is inconceivable that the Islamic militants’ would cease their struggle, particularly that of the foreign fighters, under any peace agreement with the Assad regime allowing for a transitional government.  The Islamic militants’ goals were never compatible with the Syrian opposition leadership’s concepts and intent.  While mainstream Free Syrian Army are directed at creating the basis for a transition to a democratic style government in Damascus for all Syrians, Islamic militant factions seek to create a separate Islamic state on Syrian territory, under Sharia law.  Clashes between moderate, secular opposition groups and the Islamic militant factions have become commonplace.  Atrocities are as likely to be committed against other opposition fighters and innocent Syrian civilians by Islamic militants, as Syrian military personnel or regime supporters.  Unless an appropriate response is formulated and readied for implementation now or in the aftermath of the signing of a peace agreement, negotiators from the US and Russia will saddle Syria for the moment, or under a potential transitional government, with the scourge of the rogue Islamic militants.  Unchecked, the Islamic militants would continue to pour into Syria, and establish a launch pad to create ferment in Syria, its region, and beyond.  Examining the situation, two options for coping with the Islamic militants emerge: peaceful coexistence through negotiation and elimination through military action.  The review of each will result in the emergence of one that would best serve US, Western, and regional interests, and especially the interests of the Syrian people.

Kerry’s Assessment of the Islamic Militant Presence

As reported in a September 5, 2013, Reuters article entitled “Kerry Portrait of Syria Rebels at Odds with Intelligence Reports,” at Congressional hearings in early September, Kerry provided an assessment on Islamic militant factions among Syrian opposition forces that US and allied intelligence sources and private experts on the Syrian conflict suggest was optimistic.  Kerry asserted before Congress that the armed opposition to Syrian President Bashar al-Assad “has increasingly become more defined by its moderation, more defined by the breadth of its membership, and more defined by its adherence to some, you know, democratic process and to an all-inclusive, minority-protecting constitution.  He reportedly told the Senate Foreign Relations Committee on September 3rd that “the opposition is getting stronger by the day.”   Representative Michael McCaul, a Texas Republican, challenged Kerry’s assertions at the House Foreign Affairs Committee on September 4th.  McCaul told Kerry: “Who are the rebel forces? Who are they? I ask that in my briefings all the time.” McCaul then explained, “And every time I get briefed on this it gets worse and worse, because the majority now of these rebel forces – and I say majority now – are radical Islamists pouring in from all over the world.”  Kerry replied: “I just don’t agree that a majority are al-Qaida and the bad guys. That’s not true. There are about 70,000 to 100,000 oppositionists . . . Maybe 15 percent to 25 percent might be in one group or another who are what we would deem to be bad guys.”  Kerry went on to explain, “There is a real moderate opposition that exists. General Idriss is running the military arm of that,” referring to General Salim Idriss, Commander in Chief of the Supreme Military Council, the Syrian opposition’s military-wing and commander of the Free Syrian Army. Kerry reported that increasingly, Saudi Arabia and other Gulf states are funneling assistance through Idriss.  This was a key point as prior, Arab states made deliveries of arms, supplies, and money directly to their main beneficiaries in the field, Islamic militant factions (Please see July 18, 2013 greatcharlie.com post “Obama Emphasizes US Commitment to Syrian Rebels in Saudi Call, But He Can Still Change His Mind.”) 

Looking at US, EU, and NATO intelligence assessments of the Free Syrian Army to date in its September 5th article, Reuters interviewed a US official who explained, under the condition of anonymity, that “Most of the groups battling against Assad are composed of Islamist fighters, but only a small minority could accurately be characterized as extremist.”  However, a second official, who also asked not to be named, explained that moderate opposition fighters appear to have lost strength rather than gained it in recent months. Due to their relative lack of weapons and organization, they are beginning to make alliances with better-armed Islamic radicals, whom they see pursuing more effective actions against Assad’s forces, the official said.  A European security official with experience in the region revealed to Reuters that more moderate rebel factions predominate in the east of Syria and along its southern border with Jordan but have largely devolved into “gangs” whose leaders are more interested in operating local rackets and enriching themselves than in forming a larger alliance that could more effectively oppose Assad’s government.  Joshua Foust, a former US intelligence analyst who now writes about foreign policy, told Reuters, “I’ve heard that there are moderate groups out there we could, in theory, support.”  Foust went on to state, “But I’ve heard from those same people and my own contacts within (US intelligence) that the scary people are displacing more and more moderate groups. Basically, the jihadists are setting up governance and community councils while the moderates exhaust themselves doing the heavy fighting.”

Realities of the Islamic Militant Presence

In early 2012, many Islamic militant factions, particularly the Salafist/Jihaddis, were operating underground in Syria.  Two years of arms and support flowing into opposition forces from Arab states has allowed for the growth of Salafist/Jihaddi factions in Syria.  The Islamic State of Iraq and Al-Sham (Syria), was active on the ground in Syria under the auspices of their parent group the Islamic State of Iraq (Al-Qaida in Iraq) for years prior to the civil war.  Ever since the formation of Islamic State of Iraq, itself, the eastern region of Syria—bordering the Al-Anbar Province of Iraq—has been a hot spot for Al-Qaida activity.  The Al-Nusra Front, a mostly Syrian organization, is considered an off-shoot of The Islamic State of Iraq and Al-Sham, and also Al-Qaida affiliated.  The Islamic State of Iraq and Al-Sham and the Al-Nusra Front have been a driving force in the Free Syrian Army.  For the balance of the civil war, Al-Nusra Front has led Free Syrian Army assaults on key installations, air defense bases, and coastal and highway routes.  They have also been responsible for the bulk of the suicide attacks in civilian areas and assassinations of key officials in the Assad regime.  They have become the best equipped, best-organized, and best-financed faction of the Free Syrian Army.  Yet, they are now known best by their rogue acts.   Several news organizations have been covering the Syrian civil war from its start.  There are journalists in nearly each one who have observed or recorded members of Islamic militant factions abuse and kill captured Syrian military personnel or suspected Assad regime supporters.  Some of their stories and recordings have been recently released.  The front page of the September 5, 2013 edition of the New York Times included a photo of Syrian Army prisoners being prepared for execution by Islamic militant rebels.  This horrific scene brings home grave realities about the situation in Syria regarding the Free Syrian Army and the Syrian opposition’s war on Assad.  Nothing the Islamic militant factions have stated or done in Syria would indicate they have a remote interest in working constructively within the Syrian National coalition in reaching the country’s  transition toward a democratic form of government.  Their plan to create an Islamic mini-state is already underway. 

Deadly clashes have raged between the mainstream fighters of the Free Syrian Army and Islamic militants while also at war with Assad regime forces.  The fighting is viewed by intelligence and analysts and experts as a parallel struggle for Syria’s future.  In the greatcharlie.com post of July 11th, entitled, “Opposition in Syria continues to Fracture, Yet This May Create a New Option for Its Allies,” pointed to a July 8,, 2013, New York Times article detailing how Islamist brigade of Ahrar Al-Sham, along with Al-Nusra Front fighters, ejected a mainstream Free Syrian Army unit, the Farouq brigade, from town of Raqqa.  The Islamic militants accused the Farouq brigade of having hoarded arms and refused to go to the aid of allies during the Qusayr battle.  They also alleged that some of its members of consorting with women and drinking wine. In the most recent violent incident, in Dana, members of an extremist Islamic militant faction were accused of beheading two rival fighters and leaving their heads beside a can near the town square. On July 2, 2013, the BBC confirmed Islamic militants killed a popular Catholic priest in the convent of the town of Ghassaniya.  The priest had fled to the convent after his monastery, Saint Simon, was bombed by Islamic militants. In Aleppo and Idlib provinces, Al-Qaida affiliated Islamic militant units were accused of trying to monopolize wheat and fuel supplies creating even greater shortages for residents.  Throughout towns and villages under Free Syrian Army control, Islamic militants have attempted to impose their strict conception of Islamic law, sometimes even carrying out summary public executions.  This has created popular resentment against them among average Syrians.  Since that time, Islamic militant factions have continued to abuse and kill Syrian citizens, and intensified their attacks upon mainstream Free Syrian Army groups and Kurdish groups.  Popular secular Free Syrian Army commanders and fighters have been murdered by their so-called allies.  So egregious have been the acts of the foreign fighters of the Islamic State of Iraq and Al-Sham against Syrian citizens, who did not support the regime, that the Syrians of the Al-Nusra Front, themselves, became perturbed and expressed displeasure over the foreign fighters announced plans to create their own Islamic state on Syrian territory. 

Significant numbers of Islamic militants continue to pour into Syria.  Pakistani Taliban have set up a base in Syria, to assess the needs of the jihad in Syria, and work out joint operations with Islamic militant factions present.  Pakistani Taliban bases were allegedly set up with the assistance of former Afghan mujahedeen of Middle Eastern origin that have moved to Syria in recent years.  The cell has the approval of militant factions both within and outside of Tehrik-e-Taliban Pakistan, an umbrella organization of militant groups fighting Pakistani government forces.  In the past, Islamic militant fighters from Pakistan fought in the Balkans and Central Asia.  Between 1992 and 1995, the group Harkatul Mujahedeen sent a large number of fighters to Bosnia to support the Army of Bosnia and Herzegovina.  Between 1988 and 1994, Pakistan and Afghan Taliban fought in Nagorno-Karabakh on the side of Azerbaijan against Armenian forces.  As long as Islamic militants continue to pour into Syria, their numbers and capabilities will reach a point where the mainstream forces would no longer be able to contend with them.  Back in May 2013, the Russian Federal Security Service revealed that it was aware that 200 Russian and European fighters had joined the Free Syrian Army in May.  By June 2013, at a conference in St. Petersburg, Russian President Vladimir Putin indicated the number of Russians and Europeans in the Free Syrian Army’s ranks had reached 600. 

Option 1: Peaceful Coexistence with Islamic Militant Factions Through “Negotiations”

As it was their goal in Syria, Islamic militant factions, may still seek to create an Islamic mini-state in Syria after the civil war.  However, the creation of a separate state with separate laws for some Syrians, trapped in, would have to live by, would be an anathema to everything the Syrian opposition struggled for in the civil war.  It would be a bitter reminder to the Syrian opposition of its failure to create a free and democratic Syria for all Syrians.  Such a state would create fears, not only in Damascus, but in other capitals of the region, that an Islamic militant mini-state would become a launch pad for relentless attacks against them.  Those nearby states include Israel, Iraq, Lebanon, Jordan, and Turkey.  Leaders of the Syrian National Council, the political-wing of the opposition movement have found it difficult to communicate with representatives of Islamic militant factions.  Communicating with the Islamic militant groups in the field on occasion has proven to be daunting.  A number of secular Free Syrian Army commanders and fighters were killed attempting to make contact with Islamic militant factions.  If an agreement is reached on Syria and it requires them to leave its territory, Islamic militant factions must comply.  Ostensibly, an effort could be made to provide Islamic militant factions notice of their disposition in Syria under the authority of a transitional government.  They would also need to be given official notice to leave Syria.  This information could be communicated to representatives of their organizations by the Syrian National Council, leaders of the Supreme Military Council.  If that were to fail, diplomats from Arab states that have been the primary benefactors for the Islamic militant units such as Qatar, Saudi Arabia, and Kuwait, could present notice to the Islamic militants.  Those countries might have some leverage as the funding stream for the Islamic militants.  However, the Islamic militants may be unwilling to respond.  It would be easy enough for them to recognize the relative strength of their position against the transitional government. 

The best case scenario would be similar to that of the foreign fighters present in Bosnia after the war.  The Dayton Peace Agreement ending the war required foreign fighters to leave Bosnia.  This demand was communicated to Islamic militant factions in Bosnia through the President of Bosnia and Herzegovina, Alijah Izetbegovic, and his government.  It was enforced by the robust 60,000 member NATO force, I-FOR, that entered Bosnia immediately after the peace agreement was signed.  However, many of the Islamic militants remained in Bosnia and were welcomed by Bosnia’s Muslim community to do so.  They married Bosnian women and became part of the society.  Unlike Bosnia, there is little chance any community in Syria would want the Islamic militants present.  The experiences of Syrian civilians with Islamic militant foreign fighters have been quite different from those of the Bosnians.  Iranian Revolutionary Guards Corps units, Quds Force members, and Ministry of Intelligence and Security officers left Bosnia when the war ended.  Yet, some Iranian troops who fought in the Bosnian War remained. Welcomed more warmly into the Bosnian Muslim community than any other group of foreigners, they also married Bosnian women and usually joined the Army of Bosnia and Herzegovina.  Hezbollah completely evacuated Bosnia when requested to do so.  As in Bosnia, fighters for Hezbollah would likely rapidly leave Syria and return to Lebanon.  Unlike the Islamic militant factions opposing the Assad regime, Hezbollah’s military-wing would be fairly easy to communicate with, either through Iran, its political leadership in Syria and Lebanon, and the Assad regime, through the Russians. 

If Islamic militant factions were to comply with an order to leave Syria through a peace agreement, it is difficult to imagine where they would go.  It is difficult to picture how their demobilization would be enforced.  It is also difficult to envision how they would arrange transport anywhere given their numbers.  Although Kerry’s assessment of the size and strength of the Islamic militants was at 15 percent to 25 percent, that would still put their number in the tens of thousands.  Further, essentially every Western intelligence organization has assessed they are growing in size and capability.  Conceivably, they might charge into Iraq, Lebanon, Jordan, or Turkey, but their presence would not be tolerated in any of those states.  They could possibly leave the Levant and travel to the heart of the Middle East, Southwestern Asia, South Asia, and North Africa, the Horn of Africa, Southeastern Europe, Western Europe, or Southern Russia!  Yet, transportation would remain an issue, and it would still be difficult to find any country in those regions that would be interested in having them.  They would pose immigration and security issues wherever they went.

Option 2: Confronting Islamic Militant Factions During the War or Afterward

In a July 20th, New York Times article, David Shedd, deputy director of the Defense Intelligence Agency, and 31-year intelligence veteran suggested that in addition to strengthening the more secular groups of the fractious Syrian opposition, the West would have to directly confront more radical Islamist elements, although he did not say how that could be accomplished.  He noted that left unchecked, they will become bigger,” Shedd further stated, according to the New York Times article that “Over the last two years they’ve grown in size, they’ve grown in capability, and ruthlessly have grown in effectiveness.”  Eventually, the Islamic militants would need to be confronted.  It is unlikely that a transitional government would have sufficient military power to eject the Islamic militants from Syria.  As was also explained on greatcharlie.com in its July 11, 2013 post “Opposition in Syria continues to Fracture, Yet This May Create a New Option for Its Allies,” the Obama administration would need to do more than meet its promise to arm the Free Syrian Army with weapons and ammunition.  Only by intervening, covertly if necessary, on the side of mainstream Free Syrian Army groups against Islamic militant factions would mainstream opposition forces have a chance, during the war, of being positioned to defeat Assad’s forces.  Taking this step would put the US in a position to do much more on behalf of the Free Syrian Army and eventually, a transitional Syrian government.

If a prospective peace agreement in Syria required Islamic militant factions, postwar, to join some grand coalition in the transitional government and abide by its authority or leave Syria, they might not join.  However, given their disposition, they would certainly refuse to go.  It is unlikely that a transitional government would be ready to promote their interest, force them to leave.  It might behoove the US, in support of the transitional government and its own interests, to assist the transitional government.  The US could announce internationally that the Islamic State of Iraq and Al-Sham, the Al-Nusra Front, and other rogue Islamic militant factions are not part of the Syrian opposition.  Indicating the degree of danger the Islamic militant factions posed to a secure and sustainable peace in Syria, the US could conduct an operation to destroy those organizations entirely as part of its Counterterrorism policy and in support of its Syria policy.  The US could potentially muster its Western allies, as well as Russia and Iran to support its efforts.  Assistance from Western allies, Russia and Iran could primarily include intelligence, however, operational assistance and personnel could also be requested.  The operation, executed by the US Joint Special Operations Command, would need to be quick, intense, and effective.  All Islamic militant groups hostile to the concept and intent of the Syrian opposition and the Friends of Syrian, and identified as having attacked mainstream Free Syrian Army fighters, would be identified and targeted for strike.  Units, arms, equipment, supply lines, communications, commanders, headquarters, and financial support would be targeted. All entry points for Islamic militants should be identified and placed under special reconnaissance and electronic surveillance.  Foreign fighters entering Syria must be targeted.  Islamic militant units must be completely destroyed.  Any foreign fighters later reaching Syria should not be able to find evidence that any Islamic militant factions ever existed there.

A US decision to eliminate the Islamic State of Iraq and Al-Sham, Al-Nusra Front the and other rogue Islamic militant organizations in Syria would likely please the Russians and Iranians.  If any cooperation on a counterterrorism effort could be established, there is a chance that step could further enhance joint diplomatic efforts between those countries on Syria.  Among many things, for Iran, such an effort would allow it to work alongside the US and Russia, as an equal partner, and act as a power player in its region.  For Russia, it would mean a resolution to the conflict, hopefully allowing it to pursue interests acceptable to the US in Syria.  For the US, it would mean establishing peace and stability in the region, placing Syria on the path toward transition to a democratic government, and perhaps opening the door to further cooperation with Russia and Iran on other issues.

Assessment

Moving and destroying Assad’s chemical weapons stockpile put the chemical weapons out of reach for Islamic militants in Syria.  However, it does not address the issue of their presence.  The current size and strength of Al-Qaida affiliated Islamic militant factions in Syria is considerable.  Allowing them to become a fixture in Syria would hobble a transitional Syrian government, and could lead to its eventual collapse. The US Congress has pressed the Obama administration regarding the Islamic militants.  Initially, Members of Congress, as well as legislators and officials in other Western capitals expressed concern that Western arms sent to Syria would fall into the hands of rogue Islamic militant factions, and their concerns were legitimate.  Concerns were so great in Britain that its Parliament refused to allow its forces to join the US in military action in response to the August 21st chemical weapons attacks.  Now is the time for the US Congress to urge the Obama administration to orient itself on coping with the Islamic militant problem.  True, Congress was grumpy toward President Obama’s approach to Syria, and perhaps should have been more supportive of the presidential authority.  Yet, conversely, President Obama should be responsive to the concerns of Members of Congress, as representatives of the American people, over the Islamic militant problem in Syria.  The White House should be able to recognize the urgency of this issue itself.

Negotiating with the Islamic militants could be attempted, but it is implausible to think results could be achieved with them through formal talks.  Only through military action, unilateral or multilateral, could the US relieve Syria of a barbaric Islamic militant threat.  A transitional Syrian government will not have the means to eject Islamic militants from sovereign Syrian territory.  The entire US effort in Syria hinges on how the US responds to the Islamic militant presence.  Syria could become a state hampered by disunity and conflict caused by Islamic militants, or transform into a state ready to become a positive and welcomed player on the world stage.  Through potential cooperation against rogue Islamic militant factions, the US, Russia, and Iran, the three states might create conditions that might facilitate greater cooperation on Syria among them.  They may urge parties to the conflict to find a peaceful solution to the civil war.  By working together to cope with the Islamic militant issue, the US, Russia, and Iran would take further steps forward together beyond the Syria issue, and establish a path toward real cooperation, possibly leading a resolution of the Iranian nuclear issue. 

(Over the past three months through blog posts, greatcharlie.com has been providing insights into US, EU, NATO intelligence assessments of the Free Syrian Army’s situation on the ground, the organization’s deterioration, and coping with the Islamic militant threat in Syria.  Those posts include: Is the US Public Aware the US Is Said to Plan to Send Weapons to the Syrian Rebels?, June 14th; The Price of Loyalty to the Syrian Opposition for the US May Be A Useless Investment of Arms, June 20th; Opposition in Syria Continues to Fracture: Yet This May Create a New Option For Its Allies, July 11th; Obama emphasizes Us Commitment to Syrian Rebels in Saudi Call, But He Can Still Change His Mind, July 18th; Congressional Hurdles Lifted on Arming Syrian Rebels, Beware Assad, and Islamic Militants, Too!, July 25th; and more recently, “White House Says Still Fact Finding Reported Chemical Weapons Use and Weighing Military Options, August 27th.)