Fragmented Sovereignty and the use of Air Power The Case of South Arabia and Yemen Professor Clive Jones University of Durham Not for Quotation without express permission of the author Introduction From reconnaissance missions and intelligence gathering, through to their use as platforms for targeted killings, few technological developments in how states now prosecute wars have provoked such fierce debate as the use of Unmanned Aerial Vehicles (UAVs) or Drones. For many, they represent the vanguard of a new way of war, efficacious in their reach and precision, relatively cheap to operate and in an era of conflict defined by the strategist Thomas Hammes as ‘post-heroic’, able to monitor and reach areas where the level of threat or indeed geographic locations denies the use of more conventional troops. Such casualty aversion has seen the use of Drones by the United States (and other Western states) increase exponentially in conflict zones, a function of technological innovation combined with remote control that removes all physical risk to those controlling its operational use. In turn, moral constraints over the delivery of lethal force from on high are diluted, the analogy to a video game where the player can switch off and walk away from the consequences of their action providing the most common, if at times ill-informed critique. Others go further. Critics of a Liberal world order see the issue of drones as indicative of a West who, having been unable to subdue the ‘other’, now look at least to contain dissonance at the margins, an act of neo-imperialism in the very best 1 traditions of the formal empires of the past.1 Indeed, putting aside for one moment the reductive antipathy towards a West that continues to champion the ‘repressive essence of Global Capitalism’, the analogy with empires of the past is not so misguided. The use of airpower to subdue ‘restive natives’ was indeed part of the aerial policing strategy developed by British Colonial officials and openly embraced by the Royal Air Force (RAF) in the aftermath of World War One as it looked to secure its future and thwart the avarice designs of a British Army who saw its independence as a financial drain on an already diminishing defence budget. It should also be noted that while its conduct in World War Two – the Battle of Britain, the Dambusters and the strategic bombing campaign over Germany - came to define the role of the RAF in the popular imagination, supporting counter- insurgency (COIN) operations across an ever contracting empire defined its role from the end of World War One to the beginning of the 1990s.2 The extent to which the deployment of RAF assets controlled the hinterlands of Empire – most notably across the tribally based entities across the Middle East – certainly has echoes over how Drones should and indeed are employed against comparable targets albeit with a longer global reach. Equally, the moral issues of remoteness stand comparison – the dropping of bombs on tribesman from 3000 feet was as remote as it could get in the 1920s with similar comparisons over moral rectitude to be drawn.3 However, International Humanitarian Law (IHL) has increasingly been used to criminalise military operations – and not just those restricted to the use of air power alone - as a means of liberal constraint focusing on civilian harm. One only has to note the international furore surrounding the conduct of military operations 2 by the IDF in Gaza, as well as the controversy surrounding the scale and scope of Drone strikes in Somalia, Pakistan, Afghanistan and of course Yemen to realise the point. Human rights lawyers such as Clive Stafford-Smith have highlighted the use of Drones over Afghanistan, Pakistan, Yemen, and Somalia as being in total violation of IHL, not least in terms of the civilian casualties inflicted and sovereignty infringed. Undoubtedly such accusations carry weight, not least when seen as of a piece with a continuing ‘War on Terror’ long sullied by the use of rendition and torture in the public imagination. IHL is however about moderating the use of violence but NOT prohibiting the use of proportionate, discriminate and necessary force in the pursuit of military operations. In short, IHL recognises that civilians do die in armed conflict and that accordingly, those that see IHL as mechanism of imposing absolute restraint on military operations either misunderstand the remit of IHL or have wilfully looked to politicise its implementation. Moreover, in an era in which domestic sovereignty remains fragmented in entities that still claim the privilege of international legal sovereignty, the tension between what is legal and what is just in countering threats and the means chosen to do so often defy the application of absolute norms.4 This concentration on individual human rights and state sovereignty that dominates debate over the use of airpower (and drones in particular) has however obscured other lines of enquiry that offer alternative perspectives of airpower upon tribally based societies. In the contemporary era, most obvious is how effective are such strikes and do they necessarily alienate the target populations - not least when collateral damage and deaths to civilians ensue – thereby driving support, for the rebellion or insurgency? The obvious answer, and in some cases the correct one 3 might be an unambiguous yes. Equally however, our implicit understanding of the political context in which such attacks take place are informed by a Weberian construct of the State. The proposition put here is this might offer an inaccurate assessment over how airpower has been perceived and indeed utilised among peoples where a sense of identity is parochial or at best regional and where the means and mechanisms of social cohesion, identity and legitimacy are more clan or tribally based than any overt loyalty to state structures. In short, allegiance to a sovereign authority remains fragmentary at best. What emerges therefore is perhaps a ‘tribal political field’ in which the internal balance between ruler and ruled is rarely static; rather it is constantly renegotiated or indeed contested amid a patrimonial order that 1) has privileged particular tribes to ensure regime longevity 2) extended or withheld material largesse to actors, both tribal and political, to ensure immediate gains. Amid such complex arenas in which state structures might run parallel with, but also be challenged by a shifting tribal landscape, air power as part of a wider conflagration might act to enhance the power of one tribal grouping over another, or one actor over another. Accordingly, while the use of airpower might be a necessary condition in alienating a targeted group, it might equally empower others whose interests, be they fleeting or longer term, accord with those of the intervening actor. Yemen provides a particularly apt case study therefore to test both the causal relationship between the ‘tribal political field’ on the one hand, and the impact of air power on the other. There is, as that doyen of COIN theorists, David Kilcullen has noted, a perceived continuity here for as he notes: 4 [M]any of the people the United States is bombing with unmanned aircraft in the 21st Century - in the Horn of Africa, Iraq, Afghanistan, Pakistan or Yemen – are members of the same groups, or even descend from the same individuals, who became the involuntary guinea pigs on whom the British Empire (the superpower of its day) refines the Air Control techniques some ninety years ago.5 Whether the means, let alone the intent of such ‘air control’ remains comparable with the current use of drones in Yemen is something that will be explored in this paper. Surprisingly perhaps, a paternalistic morality of sorts did inform the British use of airpower in Yemen or South Arabia, a morality that is conspicuous by its absence among critics who regard Washington’s use of air power in Yemen as little more than an industrial scale targeted assassination policy with little grasp of regional conditions, the impact it has on indigenous communities or the wider politics of the target state. It is an argument made most forcefully by the Akbar Ahmed in his excoriating account of Drone Warfare: the failure of Washington to understand both tribal society and the often fragmented relationship that such segmentary tribes on the periphery of the state – including in Yemen - have with central authority.6 By comparing and contrasting the use of ‘air control’ by the RAF from the 1920s-1960s with how Drones have been used across Yemen since 2001, it is a dilemma that this paper seeks to address. Air Power over Yemen and South Arabia How the British developed and utilised air power to control tribal unrest across its empire has been well documented. Perhaps the most comprehensive account is to be found in David E. Omissi’s work, Air Power and Colonial Control. Published in 1990, it remains the authoritative account over how bureaucratic politics at the heart of Whitehall, coupled with the need to ensure the security of 5 Britain’s new imperial possessions, determined the supremacy of air control doctrine.7 Here, for the sake of clarity, it is worth noting how concepts such as ‘air control’ and ‘air policing’ developed over time and were understood by officials, both colonial and military in theatre. Air control doctrine itself developed organically out of successive campaigns in British Somaliland, and Iraq in the immediate aftermath of World War One. In effect, it meant that the RAF was assigned responsibility for the defence and security of its new possessions in the Middle East under the auspices of the Air Ministry in London. Air Policing was therefore a natural outgrowth from this, and broadly defined, meant the use of air assets to maintain the internal security of the state. Air proscription represented the operational and tactical use of aircraft in an actual offensive role, while Air Substitution was defined as the replacement of ground forces by aircraft where time, distance and expense negated the use of troops.8 At a time when the western construct of the state, let alone sovereign borders remained anathema to many of the indigenous peoples, be they pastoralists or nomadic peoples unwilling to accept the imposition of arbitrary boundaries, Air Control and the use of Air proscription in particular offered a relatively cheap and efficient way to interdict tribes bent on cross border raiding or more seriously, to disrupt any perceived threat to the new dispensations that had emerged as part of the post-war settlement. Its essence was described by Air Vice Marshal Sir John Salmond who, in reference to air action over Iraq, noted that, ‘ It is commonplace here that aircraft achieve their results by their effect on morale, and by the material damage they do, and by the interference they cause to the daily routine of life, and not through the infliction of casualties’.9 6 It was disruption wrought by Air Proscription, rather than the outright destruction to lives and property that, it was argued, would bring about order among errant tribesman and ensure obedience (if not fidelity) to central authority. Moreover, the use of such measures was to be tightly controlled, with permission sort by British Colonial officials in situ and approved by the High Commissioner. In line with such guidelines ‘ insurgents were to be issued with a clear ultimatum threatening air action’, which included a cut off date and time when air action may occur and a warning that women and children should be evacuated.’ 10 Within the broad ambit of Air Control, this very much defined the policy of ‘proscription bombing’ but as Sebastian Ritchie has noted, by 1930 air control encompassed more than just inflicting punishment from the air. Across the Middle East, Afghanistan and Imperial India, the greater number of sorties flown by RAF aircraft were for reconnaissance (visual, armed and photographic) or for effecting morale of recalcitrant tribes by overflights that demonstrated both capability and potential intent.11 The RAF were however fully aware that the ‘shock of the new’ had its limitations. Salmond believed that indigenous reaction to bombing would progress through three stages: sudden panic, to be followed by indifference or ‘even contempt for air attack followed by intense weariness and a longing for peace’.12 This trinity, or variants thereof, has its more contemporary advocates that will be explored later, but it is worth noting that the basis on which this assumption was made was as much about explaining the immediate ability of airpower to bring about favourable results, as it was based on evidence from the operational field. As Omissi explained, while the initial reaction of panic was discernible in the initial forays into 7 the hinterlands of empire, adaptation and resistance to this new form of warfare, ranging from the use of darkness as natural cover and the ability to disperse quickly, through to the use of caves (where accessible) were soon developed. From Transjordan through to Iraq and Yemen, the RAF too become increasingly aware of the vulnerability of aircraft to well directed small arms fire from the ground. In Waziristan, such was the accuracy of this ground fire that RAF planes were forced to sacrifice accuracy for safety by bombing from higher altitudes.13 In the case of Yemen and South Arabia, the role of Air Control was, from an operational perspective, relatively successful in the interwar period. At its core, British policy was centred on protecting the Aden colony. Beyond Aden itself, treaties of protection and friendship linked Britain with a series of largely Shaffei (Sunni) tribal Shaykhs and Potentates, known as Protectorates but in an area defined by precipitous mountain ranges and an arid coastline, the writ of the Crown – seen in the acute levels of underdevelopment - remained limited. Even so, in terms of 1) protecting Aden 2) upholding treaty obligations with tribal leaders of the hinterland and 3) warding off the territorial claims of the Imam Yahya of Yemen, the application of Air Control was, as already noted, a relative success. From 1921 onwards, the use of air power, not least in the border areas around Dhala and Beihan was crucial in defeating several armed incursions by mainly Zeidi forces loyal to the Imam. Air proscription for example proved crucial around Dhala in August 1928 in deciding the battle in favour of the frontier tribes bound to Britain by treaty while under the rubric of air policing, proscription proved crucial in forcing the Queteibi tribe of the Radfan to desist from exacting ‘tributes’ by force from Yemeni trade caravans transiting their territory on route to Aden. As 8 Peter Dye has notes, such air operations inside South Arabia were largely parsimonious, both in their implementation and outcome. Between 1919 and 1939, some 26 discreet air operations were conducted to either prevent outright banditry or where necessary, to enforce Government control. Aside from direct operations against Yemen which ceased in 1934, only 12 deaths were directly attributed to aerial attacks during this period, a remarkably low level of attrition14 It was such low casualty figures that led one commentator, Air Commodore Leslie Howard-Williams to argue in 1937 that Air Control was a more humane means of London securing its interests across the Middle East, avoiding as it did the largescale casualties that usually accompanied the use of ground troops. Indeed, in one incident, the Quteibi tribe complained to Colonial officers over the apparent inaccuracy of one particular RAF attack against their villages, noting that it hardly instilled the necessary respect or indeed confidence in Government authority.15 Of course, aside from the self-serving nature of such comments that privileged the position of the RAF, it was often the case that air proscription supplemented ground operations, rather than actually supplanting the use troops. Even so, the RAF were keen to ensure that irrespective of the nature of operations, intelligence regarding the tribal landscape informed planning and implementation. This was not always easy as the production of accurate and timely intelligence from tribal sources was difficult to obtain and often had to be treated with circumspection less the inflation of threat was used to disguise the settling of more parochial scores.16 Here, the role of both Colonial officials and RAF officers able to gather intelligence ‘up country’ across the Middle East played a crucial role. But whereas in Iraq and Transjordan, RAF Special Service Officers were deployed on a systematic 9 basis to work with and among particular tribes, it was only in the 1950s that a system was put in place for what became known as RAF Field Intelligence Officers (FIOs) across the protectorates of South Arabia.17 As one intelligence report described them, the FIO was ‘[A]n RAF officer who spends all his time up country living with the bedu and trying to get intelligence back to H.Q British Forces Arabian Peninsula. They’re a queer lot. Most of them are more Arab than the Arabs. They are not really quite with us you might say’. 18 Putting aside the inevitable comparisons with T.E Lawrence, these FIOs immersed themselves in the tribal landscape of the protectorates, a role that required them to be part warrior, part social anthropologist, part doctor, part explorer and part diplomat. Such men were deployed for periods of anywhere between three to six months, they sole contact with other Europeans being in the form of regular radio transmissions from their particular ‘parish’. 19 Of course, their role was ultimately to decide when the use of air power, either in conjunction with ground forces or as ‘air substitution’ might be justified in defending the interests of Aden colony. This, as Priya Satia has observed with regard to the use aerial control in Iraq in the inter-war period, is an approach where those advocating the efficacy of air power were ‘motivated by a sense of emotional and cultural intimacy with and affection for the victim’. 20 Satia’s argument is a scathing critique of the almost romantic and indeed paternalistic views that marked British attitudes towards Arabs. Indeed, the idea that the Arabs were errant children, occasionally deserving of the sharp ‘slap’ or air power to bring about order across a landscape that had long gripped the Orientalist imagination is a key theme of Satia’s work, an imagination that obscured for many the harsh reality of imperial rule. 10 More to the point as Martin Thomas notes, the prime responsibility of such personnel ‘[W]as to provide regular covert intelligence to facilitate the subjugation of such tribal groups. Their security role was always at variance with the common inclination among tribal control personnel to immerse themselves in Bedouin culture’. 21 These views could equally be applied to South Arabia and Yemen during the interwar period and after 1945. The intimacy that existed between FIOs and Political Officers on the one hand, and tribes such as the Aulaqi on the other often went beyond such paternalism. One former political officer, Stephen Day, recalled of his time serving in the Western Aden Protectorate and later, the Federation of South Arabia that British policy designed to secure the Aden base rested on the three ‘Bs’ - bombing, bribery and bluff. This might well be a telling commentary on the wider context of British policy in South Arabia that increasingly came under strain from the rising tide of Arab nationalism and form 1962 onwards, the Yemen Civil War. Even so, Day remained convinced that when applied judiciously and supported by intelligence that had been thoroughly assessed, that air proscription could bring about stability. In Fadhli province he noted, ‘ [T]he mere threat of aerial action had kept the tribes onside and countered the propaganda of Cairo. Our intelligence in the WAP was good and targets could be pinpointed accurately, warnings dropped and buildings and livestock targeted with low risk to life.’ 22 By way of reflection, he went on to note that such proscription was in no way comparable to the later use of Drones by Washington in the same terrain. He also noted however that when used in conjunction with ground forces, air power was actually less effective, the tribes, as in the case of the Radfan feeling honour bound 11 to fight back and were able to do so effectively on ground they knew far better than the British. Of course, the use of airpower on South Arabia did not occur in a vacuum. What might have appeared acceptable in the inter-war period was now increasingly subject to the glare of international scrutiny as resistance to the emergence of a new Federation of South Arabia developed from an indigenous trade union movement in Aden. This embraced wider tide of Aran nationalism sweeping the Middle East, particularly following the Suez debacle. military and intelligence officers British Colonial officials, diplomats, laboured to cohere the disparate political landscape that was the colony of Aden and the protectorates of South Arabia in to the Federation of South Arabia (FSA). That this experiment in state creation foundered on the rocks of popular resistance from the NLF and FLOSY is well known. However, embracing popular sovereignty was never entertained as the foundation of state legitimacy; rather, Britain looked to empower the various Shaykhs and potentates whose tribal base was seen as the most effective platform on which to build state legitimacy. A host of factors have been cited as both cause and effect as to why the Federation failed to survive, which, despite the passage of time remain as contentious as ever. Local politicians in what had been Aden colony, resisted the idea that their monopoly of power, prestige and influence should be diluted by tribal Shaykhs, Emirs, or Sharifs considered to be the very antithesis of progression and modernity. Moreover, the styptic nature of the electoral franchise in Aden colony served to alienate the burgeoning community of immigrant workers from the Federal hinterland and Yemen from the very structures the British hoped would 12 secure the future stability of the FSA. When allied to the growing influence of Arab nationalism throughout the Middle East in the late 1950s and early 1960s, the scene was set for a sustained programme of subversion and revolt against British rule, supported both materially and ideologically by President Nasser. In this regard air power – not least the use of air proscription - in defending the territorial integrity of the protectorate states such as Beihan might well have bolstered British standing with the ruling Shaykh, but did little to encourage wider support at the United Nations for the process of state creation. The case of the bombing of the Yemeni fort at Harib in June 1964 is a case in point. While fully justified in taking retaliatory action that followed the ‘proscription’ rules of the game, Britain was widely condemned at the United Nations for this gross act of imperial aggression. By contrast, sustained attacks by the Egyptian Air Force against Royalist/Zeidi positions in North Yemen between 1962-1968 that often involved the use of mustard and chlorine gas were dismissed as mere exaggeration at the time, despite reputable reports to the contrary. Viewed of course through a post-colonial prism, the role that air power played in sustaining the apparatus of colonial rule, not least in policing and indeed, occasionally punishing recalcitrant tribes certainly jars with our sensibilities. Placing such antipathies to one side, there is perhaps lessons to be drawn in how air power, certainly over Yemen/South Arabia was used. Aside from a strict chain of command authorising such strikes, much was made of the need for reliable intelligence derived from human sources - humint – in deciding the most efficacious use of air proscription, be it actual or threatened. Indeed, at a time when the accuracy of bombing or rocketing of particular targets was at best vicarious, the available 13 records suggest that the loss of life to such attacks was surprisingly low. On occasions where this did occur, it was accepted with what might be called good grace on the part of those actually being bombed as being part of the rules of the game. To this extent, the lessons learnt and lessons lost over how air power was deployed over Yemen/South Arabia between 1919-1967 might well illuminate the normative, as well as practical debates over how drones have been deployed across the skies of Yemen in more recent times. Drones over Yemen It is not hard to find critics of how drones have almost come to define the use of technology in the ‘war against terror’ and more specifically, how they have been used in several theatres in prosecuting a war against al-Qaida type organisations, not least in Yemen. There is insufficient time to explore the emergence of AQAP in Yemen from 2009 onwards but suffice it to say, its increased ability to blend in with the mainly Sunni/Shaffei tribes in the south and east of the country - in places such as Abyan, Shabwa, Marib and the Hadramawt – is the result of a fragmenting state and the diminishing ability of the central government to use patrimony, mainly derived from Yemen’s ever diminishing oil reserves, to shape the political order. In a state where governance was memorably described by the ousted President Ali Abdullah Saleh as like ‘dancing on the heads of snakes’, presenting himself as an indispensable ally of Washington in its war against an al-Qaida franchise was a means by which Saleh at least hoped to benefit from American largesse. His successor, President Abed Rabbou Mansour Hadi was even more 14 candid in his support of drone strikes against AQAP militants during a visit to Washington in September 2012. 23 As part of this bargain, Saleh and later Hadi gave Washington ‘carte blanche’ for carrying out air strikes using manned aircraft, drones as well as on occasion cruise missile strikes to his targets associated with AQAP. From a globalised perspective, this use of airpower has a resonance of ‘ air policing’ albeit one where distances are larger but time is compressed. From the first drone strike in November 2002 that killed the Abu Ali Al-Harithi, alleged to be the mastermind behind the attack on the USS Cole, the United states has carried out 111 drone strikes to February 2015 across Yemen, resulting in the death of 541 suspected militants ( some of which Washington calls High Value Targets) and 105 civilians, mainly in the south and west of the country.24 For critics of these drone strikes, there is little that compares with aerial proscription of British Colonial rule although in terms of ‘air substitution’ – the lack of actual ‘boots on the ground’ to help prosecute operations against AQAP in the more remote regions of Yemen - the parallels are obvious. This includes the cost effectiveness of drones, an argument used by the RAF some eight decades previously. Even so, prior warning of intent to attack a target in a village and the use of overflights to coerce rather than bomb hardly equate with the scope and intensity of the drone campaign. To be sure, this is a different kind of war. Religious radicalism was hardly ever a motivating factor in the tribal rebellions of the interwar period, let alone in deciding Yemen’s path towards independence. Equally, the increased ability of AQAP to ingratiate itself with the tribal landscape of Yemen has 15 made it far harder in practice to differentiate tribal actors from militant players. Indeed, they are now often synonymous. As Zvi Bar’el notes: Al-Qaida’s fighters in Yemen have been following a different tactic from the one that guided them in Iraq and Saudi Arabia. They try to become absorbed in the local Yemeni population and marry women who belong to the local tribes there. They also invest heavily in developing the local infrastructure. In Iraq, they fought Sunni tribes and [attacked] Shi’ite targets. In Saudi Arabia they struck government targets and peeved the Royal family. In Yemen on the other hand, they act as a welfare institution similar to Hamas in the Gaza strip, the Muslim Brotherhood in Egypt and Hezbollah in Lebanon. They buy medicine for the tribesmen in the areas where they live, open schools, dig wells and finance weddings.25 Evidence suggests that this strategy has had some success, particularly in the provinces of Abyan and Shabwa where the immediate appeal of al-Qaida amid the widespread poverty and limited social mobility has been amplified by over a decade of central government indulgence of Islamists across south Yemen.26 The governor of Abyan Province, Ahmed bin Ahmed al-Misri for example claimed that a paucity of security forces has meant that AQAP was actively winning the battle for ‘hearts and minds’ among the tribes, a situation that could only be alleviated if targeted social development among the tribes, in effect propaganda by deed, proved to be of a scale and intensity that swamped that of AQAP.27 To date, such development projects have yet to be realised. Instead, the more immediate security threat from AQAP elicited military aid from Washington totalling $160 million by the end of 2010 towards enhancing the training and capabilities Yemeni special forces. 28 The profile of AQAP, said to number around 200-300 hard core militants, many with experience of jihad in Iraq would certainly appear to justify such investment. Two Saudis, Nasir al-Wahishi, a former aide to Bin Laden, and Said Ali al-Shehri, an ex-inmate of Guantánamo Bay, are regarded as highly capable operational commanders. Veterans of the Iraq and Afghan conflicts, both proved 16 immune to Riyadh’s de-radicalisation programme. They now represent a second generation of jihadis whose ideology now shapes the worldview of younger recruits, offering as it does a sense of purpose, however misguided, beyond the poverty of their immediate environment.29 But while AQAP might see its longevity best secured among a wider tribal milieu, it is this environment which may offer the best means of at least containing this franchise. One Shaykh, Abdullah al Jamili from al-Jawf province openly admitted to a role in arbitrating between AQAP and the government, a role no doubt replicated by other tribal groupings. Indeed, if one accepts this as part of the ‘political field’ where tribal sovereignty is exercised, it makes perfect sense for elders to engage in this particular form of negotiation if it protects the position and status of the tribe.30 This in turn points to the possibility of longer term, indigenous modes of containment for while it is tempting to highlight the radicalisation of the tribes by AQAP, the reverse is equally as likely as tension between tribal identity and a Salafi-Wahhabi worldview that denies importance to such primordial identities inevitably clash. In short, the activities of AQAP in the Yemeni milieu are as likely to be constrained by tribal bonds as by any external military intervention. The question therefore is whether in fact drone strikes have had the opposite effect, or what has often been termed ‘blow back’. To use but one example: in August 2012, Salem Ahmed bi Ali Jaber, a 40 year old cleric from the small village of Khashamir in Abyan province and a fierce critique of AQAP, was incinerated in a drone strike that also killed three members of al-Qaeda who had come to remonstrate with him. As The New York Times noted of the attack, Salem Jaber was precisely the type of religious and tribal leader ‘ crucial to American efforts to 17 eradicate Al Qaeda’ in Yemen.31 The targeted assassination of AQAP ideologue and US citizen Anwar al-Awlaki in September 2011 however remains the most controversial case of putting ‘war heads to foreheads’ given that Awlaki himself had never been formally charged with any crime. As Derek Gregory argued, the use of drones in this respect had allowed for the ‘expansion of the physical space of war and the contraction of the moral space of war’. 32 Whether in fact normative controls over the use of lethal ordinance are any more relaxed for Drone operators as they are for fast jet pilots of attack helicopter crews remains beyond the scope of this study. Rather it how they are used that is of particular concern in the case of Yemen, not least because the chain of command is opaque between the Pentagon (JSOC) and the CIA which operates a separate programme. Whatever the control arrangements – and Obama is said to approve the target list for both bureaucracies - it is a fact that such targets are framed through the prism of a counter-terrorism campaign, rather than a broader COIN strategy. One particular study identifies five particular forms of blowback that are manifest in Yemen: the ability of AQAP to recruit from among those whose friends/relatives have been killed in drone strikes encouragement of retaliatory attacks on critical infrastructure; the lack of accountability of the US drone programme because of the grey areas surrounding responsibility which denies a clear strategy; the continued destabilization of Yemen more generally as drones deny coherent governance and finally, how the support of Sana’a for drone strikes denies it legitimacy in the tribal lands of Abyan and Shabwa and Marib provinces in particular.33 18 Of these, the first form of blow back has attracted the most attention. As in Afghanistan and Pakistan, much is made of how these ‘signature strikes’ – the targeting of groups whose activity over a period of time (and perhaps as a target of opportunity) suggests involvement in militant activity. In a country such as Yemen awash with weapons, the carrying of assault rifles for example by young males from the age of 10 upwards is a common occurrence. These strikes, which undoubtedly have claimed many innocent lives highlight all too clearly the vagaries of dependence on technical intelligence in deciding targeting policy.34 Aside from their offensive capabilities, drones are in fact integrated aerial platforms that provides ISTAR: Intelligence, Surveillance, Target Acquisition and Reconnaissance. In terms of targeting militants, this will often tell the operators a great deal about the capabilities of individuals and groups but little in the way of appreciating a wider cultural landscape when the carrying of weapons is as much as sign of tribal fidelity and indeed manhood as it is of any malfeasance.35 Here, the contrast with the role of SSOs and RAF FIOs of years gone by is striking, since it is precisely their direct knowledge of their tribal areas of responsibility that allowed for the more judicious use of air proscription, usually with a clearly defined political end. This use of Humint (Human Intelligence) has, from the authors own interviews, been largely missing in the current US drone campaign in Yemen. Most intelligence leading to targeting decisions has been gathered from Yemeni government sources whose veracity cannot always be checked or, in a technical innovation first developed and used in Iraq, tracking the use of mobile phone usage to construct the scope and scale of the network that might constitute an AQAP cell or unit. Reliance on such technical data however comes at a cost for 19 possession of a telephone number of a suspected militant cannot be taken as fool proof evidence of culpability. Only one case has come to light where Humint appears directly to have led to the killing of a member of AQAP – Anwar al-Awlaki based on information provided by a Danish Muslim convert Morten Storm. Leila Hudson goes further, arguing that signature strikes with their attendant civilian casualties (estimates range between 72-171 deaths between 2009-2013 alone) have only contributed to the fragmentation of Yemeni sovereignty, boosting the standing of AQAP and its more parochial manifestation, Ansar Al-Sharia and their calls for the establishment of local ‘Emirates’ from which the ‘far war’ against the United States can be prosecuted. ‘When state power is exercised from the sky (not just through strikes but through surveillance)’, she notes, it leaves a vacuum to be filled on the ground’. Drones in this regard only serve to undermine the already ‘weak legitimacy of central government’, because however technologically sophisticated, the remain limited to a one-dimensional role in the administration of state justice.36 This is a powerful argument. Yet supporters of the CT role of drones in Yemen point out two things: 1) the sovereign authority in Yemen may be weak but it invited and indeed supported the use of US air power over its own sovereign territory and 2) since 2011 and despite AQAP’s stated global intent of targeting Washington, there have been no attacks on United States targets emanating from Yemen. This in turn points to what supporters of drones such as Daniel Byman see as the efficacy of drones: the killing of HVTs that undermine the planning capabilities of AQAP and the disruptive impact that the very presence of drones has upon the ability of AQAP to organise effective operations.37 Equally, evidence also suggests 20 that the actually targeting of HVTs and their allies where accurate and proportionate does not result in greater tribal support for AQAP. For example, one drone strike that killed the Said Ali al-Shihri, a deputy of AQAP in January 2013 was met with knowing approval among tribes in Marib province, not least because of a series of bloody attacks claimed by AQAP in the capital San’a, including a suicide bomb attack on a military parade rehearsal that killed over 100 people, Many of whom came from areas in and around Marib.38 By contrast, signature strikes have produced tribal backlash against the central government, precisely because even if those killed or wounded have jihadi affiliations, such individuals tend to be recruited locally and have broader identities beyond fidelity to an Islamist group. As Christopher Swift has observed, the push of poverty as much as the pull of militancy determines association with AQAP and its affiliates.39 It is here perhaps that the difference with the concepts such as ‘air control’ and ‘ air proscription’ of the past is most profound. For the RAF, such measures were a means to an end, the protection of British interests in and around Aden and later on, the attempt to cohere the protectorates into a coherent state. Indeed, as Stephen Day recalls, bloody internecine feuds that often marked rival tribal claims over territory were on more than one occasion brought to a conclusion by the judicious use of air proscription that often satisfied honour on all sides. By contrast, the use of drones has become an end in itself, or as one commentator, Audrey Kurth Cronin noted, a case of tactics themselves driving the strategy.40 In the case of Yemen, Washington’s focus has been on investing time and resources into a military that represented sectarian and tribal interests at the expense of an accountable process of governance seen as legitimate and credible and investment in resources 21 that benefit a people estranged from effective central rule and where the tribal landscape itself has become increasingly fragmented as the very weight of neopatrimonial largesse shifts from the state to AQAP. It is a dilemma that Washington has yet to fully address, although in fairness, the current Houthi advances across Yemen have for now pushed to one side the efficacy or otherwise surrounding the US drone campaign against AQAP and its affiliates. There is of course an irony that at a time when military technology was far less advanced and targeting far less accurate, the policy of air control developed by the RAF was determined by a probity for rules of engagement that, while serving the broader imperial project, appeared sensitive to a wider cultural landscape. By contrast, the compression of what Derek Gregory has called the ‘kill chain’ has produced ‘a reliance on target signatures’ that ‘substitutes for local knowledge of the cultural landscape’, a situation compounded by the formalised methods of analysis that inform signature strikes.41 More broadly, if the use of drones over Yemen does indeed equate to a new form of global ‘air control’ or indeed ‘air policing’ across a fragmented polity, Washington needs to re calibrate not the use of drones per se, but whether how they have been used has created more problems for the United States, its Yemeni allies and the region that it has actually solved. Conclusion We’re getting so good at various electronic means of identifying, tracking, locating members of the insurgency that we’re able to employ this ….almost industrial scale CT killing machine that has been able to pick out and take off the battlefield not just top level al-Qaeda level insurgents, but also is being used to target mid-level insurgents.42 22 Thus wrote that doyen of COIN experts, John Nagl in describing how drones had informed the campaigns in Afghanistan, Pakistan and Iraq. As impressive as this may appear - and undoubtedly the damage and disruption caused to both core alQaeda and its various franchises has been profound – it has come at a cost. The most profound of course has been in human terms, innocent lives eviscerated while the constant ‘buzz’ overhead of drones on station has disrupted the daily rhythm of village life less any gathering be construed as suspicious and invite attack from above. Others point to evidence that Drones in Yemen induce forms of trauma, both in terms of the anxiety they induce among a largely tribal populace and in their surveillance capabilities that impinge upon social mores and patterns in deeply conservative societies. 43 The technology incorporated in the drone platform - the ability to stay on station for length period of time, the surveillance and intelligence gathering capabilities – is a world away from the aerial platforms that comprised air control across the skies of South Arabia half a century previously. But while we should not forget that imperial ambition and interests determined the very presence of the RAF in South Arabia, the application of air control to protect Aden colony, not least in the prosecution of air proscription, was for the most part determined by an aversion to civilian casualties and informed by an understanding of the tribal and cultural landscape that embraced the human factor. It might not have been perfect and mistakes were undoubtedly made but even so, this form of aerial policing looked to influence or cajole groups towards a defined political end. Where air proscription was used, disruption to daily patterns of life was deliberate, but the primary targets were property not people. 23 If drones therefore represent the new vanguard of air control, it is one in which increasingly, the means have become an end in themselves and with no clear path discernible over how they might serve a wider agenda of political reform amid a polity where effective governance remains a rare commodity. We should not forget of course that the British use of airpower in South Arabia was but one tool to try and leverage influence in the tribal hinterlands towards a defined goal. The failure of Britain to cohere South Arabia in a stable Federation, followed by its ignominious withdrawal in November 1967 has many causes but the use of airpower was not one of them. By contrast, in its use and application of airpower across Yemen , Washington is directly impacting upon the allegiances of tribal landscape and through signature strikes in particular, denying agency to more indigenous forms of governance that might well be best placed to counter the threat of AQAP. This is not to deny a role for drones as such, but it is to suggest that in employing signature strikes (and even where a HVT might be killed), tactical benefits are often outweighed by strategic costs. A moral ambiguity undoubtedly hangs over the use of air control by the British in defence of its imperial interests, not least across the Middle East. But the principles of air control were framed by an attempt to understand the local environment even if at times such framing was informed by racial stereotypes and a rather paternalistic attitude towards the ‘noble Arab’ on the other. By contrast, the use of drones has been devoid of such local understanding, often too reliant on intelligence derived from technical means and surveillance that imputes ill intent to patterns of repeat behaviour. By looking back to how the past principles of air power determined relations on the ground in South Arabia, Washington might well marry air control more effectively to governance on the 24 ground, rather than restricting the exercise of state power across so much of Yemen purely to an aerial platform. 1 See Medea Benjamin, Drone Warfare: Killing by Remote Control (London: Verso, 2013), pp.246. For a most precise account of RAF operations in COIN see Sebastian Ritchie (a), The RAF, Small Wars and Insurgencies in the Middle East, 1919-1939 (London: Ministry of Defence/Air Historical Branch, 2011), pp.95; Sebastian Ritchie (b), The RAF, Small Wars and Insurgencies: Later Colonial Operations, 1945-1975 (London: Ministry of Defence/Air Historical Branch, 2011), pp.155. Bruce Hoffman, British Air Power in Peripheral Conflict, 1919-1976 (RAND Corporation), pp.121. 3 David Kilcullen, ‘ Lawrence’s Ladder: Tribal Irregulars and an actor based theory of modern war’, in Karl Erik Haug and Ole Jørgen Maaø (eds), Conceptualising Modern War (London: Hurst, 2011), p.314 4 Stephen D. Krasner, ‘ Sharing Sovereignty: New Institutions for Collapsed and Failing States’, International Security, 29/2 (2004), pp.85-120. 5 Kilcullen, p.314. 6 Akbar Ahmed, The Thistle and the Drone: How America’s War on Terror became a Global War on Tribal Islam (Washington, D.C: Brookings Institute, 2013), pp.303-335. 7 David E. Omissi, Air Power and Colonial Control: The Royal Air Force 1919-1939 (Manchester: Manchester University Press, 1990). 8 Peter Dye, ‘ Royal Air Force Operations in South West Arabia 1917-1967’, in Joel Hayward (ed), Air Power, Insurgency and the “War on Terror” (Cranwell: Royal Air Force Centre for Air Power Studies, 2009), pp.47-48. 9 Quoted in Group Captain Peter W. Gray, ‘ The Myths of Air Control and the Realities of Imperial Policing’, Aerospace Power Journal (2001), p.5 at http://www.airpower.maxwell.af.mil/airchronicles/apj/apj01/fal01/gray.html accessed on 19 June 2012. 10 Ritchie (a), p.8. 11 Ritchie (a), pp.84-85. 12 Omissi, p.110. 13 Omissi, pp.12, 113. 14 Dye, p.54. 15 Dye, pp.54-55. 16 Ritchie (a), p.45. 17 Martin Thomas, ‘Bedouin Tribes and the Imperial Intelligence Services in Syria, Iraq, and Transjordan in the 1920s’, Journal of Contemporary History, 38/4 (2003), pp.548-49. Thomas makes the point that initially at least, that RAF officers who formed the bulk of SSOs had far less experience of Arab and Muslim societies than their army counterparts. 18 ‘ A Man in a Kufiyyah’, Secret: Air Ministry Secret Intelligence Summary, 14/9 (September 1959), p.22. 19 Sqn Ldr C.M.G Watson, ‘ Field Intelligence Officers in the Aden Protectorate’, British Army Review (date unknown) at http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCIQFjAA&url=htt p%3A%2F%2Fwww.faoa.org%2FResources%2FDocuments%2FYemen_BAR__FIO_in_Aden_%255BBritish_Army_Rev%255D_110323.doc&ei=mGgmVaD4FcSwsAHKt4KQCA &usg=AFQjCNHdRLIKZyvLf4y7r58uCGRF0cuXkw&bvm=bv.90237346,d.bGg Accessed 9 April 2015. 20 Priya Satia, ‘ The Pain of Love: The Invention of Aerial Surveillance in British Iraq’, in Peter Adey, Mark Whitehead and Alison J. Williams (eds), From Above: War, Violence and Verticality (London: Hurst, 2013), p.223. 21 Thomas, p.549. 22 Stephen Day, ‘ Aden and the Gulf: some Reflections’. Paper given to the conference Aden and South Arabia: A Retrospective in the failure of State Creation’, Durham University, 15 January 2015. 23 Andrew Hammond, ‘ Yemeni debate over drones emerges post-Saleh’, The Daily Star (Beirut), 18 October 2012. 24 See http://www.longwarjournal.org/yemen-strikes 25 Zvi Bar’el, ‘Yemeni Steps’, Ha’aretz (in English), 5 February 2010 at www.haaretz.com/hasen/spages/1147708.html accessed on 12 April 2010. 2 25 26 Interview with member of the GPC, London 14 December 2010. (Name withheld on request). Donald Macintyre, ‘Yemen “cannot contain al-Qa’ida’, The Independent, 12 January 2010. 28 Iona Craig, ‘ Britain and US send more special forces to aid war on terror’, The Times, 8 January 2011. In the same period, US Development aid to Yemen totalled $58.4 million. British aid in 2009 distributed through the Department for International Development totalled £30 million for the same period. 29 James Hider, ‘ “Orchard of fighters” has grown out of poverty and mistrust’, The Times, 4 January 2010. 30 Richard Spencer, ‘ Yemen: the war on terror and a deadly game of cat and mouse’, The Daily Telegraph, 13 November 2010. 31 Robert F. Worth, Mark Mazzetti and Scott Shane, ‘ Drone Strikes Risks to Get Rare Mpoment in the Public Eye’, The New York Times, 5 February 2013. 32 Derek Gregory, ‘ Lines of Descent’, in Adey et al (eds), p. 54. 33 Leila Hudson, Colin S.Owens, David J. Callen, ‘ Drone Warfare in Yemen: Fostering Emirates through Counter-Terrorism?’, Middle East Policy, 19/3 (2012), p.144. 34 Ibrahim Mothana, ‘ How drones help al-Qaeda’, The New York Times, 13 June 2012. 35 See Vivian Salama, ‘ Death from Above: American Drone Strikes are Devastating Yemen’, Rolling Stone Magazine, 14 April 2014. Salama makes the point in this article that drones do not ‘allow much interpretive room’ for cultural gestures. 36 Hudson et al, p.151. 37 Daniel Byman, ‘ Why Drones Work: The Case for Washington’s Weapon of Choice’, Foreign Affairs, 92/4 (2013), pp.32-43. 38 Robert F. Worth, Mark Mazzetti and Scott Shane, ‘ Drone Strikes Risks to Get Rare Mpoment in the Public Eye’, The New York Times, 5 February 2013. 39 Christopher Swift, ‘Arc of Convergence: AQAP, Ansar al-Shari’a and the struggle for Yemen’, CTC Sentinel, 5/6 (2012), p.3. 40 Audrey Kurth Cronin, ‘ Why Drones Fail: When Tactics Drive Strategy’, Foreign Affairs, 92/4 (2013),pp.44-45. 41 Gregory, pp.63-64. 42 Quoted in Gregory, p.63. 43 Vivian Salama, ‘ Death from Above: American Drone Strikes are Devastating Yemen’, Rolling Stone Magazine, 14 April 2014. 27 26
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