Monday, December 21, 2020

The Persian Gulf Crisis and the Security Dilemma

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Anant Jani

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The Persian Gulf Crisis and the Security Dilemma

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Global Views 360

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December 21, 2020

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American Assault Ship in the Persian Gulf

American Assault Ship in the Persian Gulf | Source: Cpl. David Gonzalez via Flickr

This article explains the recent tensions between Iran and the United States, and presents it as a case of the ‘Security Dilemma’ theory in practice.

The Persian Gulf Crisis 2019-20

To understand the current crisis in Persian Gulf, we must look at the Iran Nuclear Deal of 2015, also called the Joint Comprehensive Plan of Action (JCPOA).

The JCPOA was signed between The E3/EU+3 (France, Germany, the United Kingdom, the Russian Federation, and the United States, China, with the High Representative of the European Union for Foreign Affairs and Security Policy) and the Islamic Republic of Iran, to permit nuclear capabilities for Iran exclusively for peaceful purposes, in exchange for the lifting of crippling sanctions.

JCPOA terms:

International Atomic Energy Agency representative in Tehran, Iran for talks on JCPOA implementation | Source: Tasnim News Agency

Under this accord, Iran had to reduce its Uranium stockpile by 98% to 300kg, maintain its level of enrichment at 3.67%, reduce the number of centrifuges, and only keep one of its Uranium enrichment plants active. It also had to redesign its reactor at Arak, so it could not produce weapon’s grade Plutonium. Until 2031, Iran is not permitted to make heavy-water reactors.

Further, it was to permit itself to regular inspection of their nuclear site by the global nuclear watchdog, the International Atomic Energy Agency (IAEA).

In return, Iran gained over $100bn of frozen assets overseas, and was permitted to allow trading in oil in international markets and use the global financial system for trade.

Trump Administration’s Revoking of the JCPOA

In 2018, the Trump administration reimposed some of the sanctions in Iran, despite Trump's election promise to reduce involvement in the Middle East. Countering the re-impositions, Iran threatens to resume Uranium enrichment. In May 2019, Iran suspends nuclear deal commitments, and gives other signatories a 60-day deadline to protect it from US sanctions, before resuming Uranium enrichment. The International Atomic Energy Agency (IAEA) reported that Iran had already increased Uranium production, but is unclear by how much.

President Trump signing executive orders, imposing sanctions on Iran | Source: Shealah Craighead via White House

In May 2019, the US increased military deployment in the Persian Gulf, reportedly to prevent what the termed was a “campaign” between Iran and its proxies to threaten US oil shipping in the Strait of Hormuz.

The Tanker Crisis

In June 2019, two tankers were set ablaze in the Gulf of Oman, using mines. The US blamed Iran for these blasts, but Iran denied the charges.

In the same month, Iran Islamic Revolutionary Guard Corps (IRGC) shot down a US surveillance drone, escalating tensions and causing the US to name the IRGC as a terrorist organization.

In July 2019, the British Royal Marine Commandos seized an Iranian tanker off the coast of Gibraltar, as it was suspected to be en route to Syria, in violation of EU sanctions. The US declared that anyone assisting the ship would be considered an accomplice of terrorist groups, namely the Iran’s Islamic Revolutionary Guard.

In retaliation, Iran seized British-flagged tanker in the Strait of Hormuz.

The Iranian tanker was released six weeks later, on the condition that they do not unload their cargo of 2.1million barrels of oil in Syria.

December Air Strikes

In December 2019, the K-1 Air Base in Iraq was attacked by an unconfirmed party, killing one American contractor. This base hosts Americans (amongst other nationalities) who are responsible for training Iraqi troops in counter-terrorism. The Americans alleged that the attack was carried out by Kataib Hezbollah, which denies it. Kataib Hezbollah is a rebel group (recognized as a terrorist group by the US) backed by Iran. The Iraqi’s alleged that ISIL was responsible.

In retaliation for the killing of the American Contractor, the US launched air strikes on the weapons depot and command centres of Kataib Hezbollah in Iraq and Syria in the same month, reportedly killing 25 militiamen.

Assassination of Iranian Major General

Late Iranian General, Qasem Suleimani | Source: Tasnim News Agency

Iraq and Iran condemned the attack, and on 31 December, 2019, Iraqi militia attacked the US Embassy in Baghdad. In response, the US conducted airstrikes at the Baghdad International Airport in January 2020, killing the Commander of Iranian Quds Force, General Qasem Suleimani, the second most powerful man in Iran.

These escalations, placed within the context of US invasions of Iraq and Afghanistan, provide a good example of the Security Dilemma theory and how it plays out in practice.

What is the Security Dilemma?

Before delving into the theoretical definitions it is worth reminding ourselves that States do not behave as they do because a theoretical model demands them to. Rather, most theoretical models are based on observations of real-world behaviour of states, and seek to explain said behaviour. The Classical Realist theory, of which the Security Dilemma is a part, is amongst one of these, and I endeavour to highlight some of the key points of this theory.

The Classical Realist theory holds that States (or State-actors) are the basic unit of any international system. They are the most important actors, as there is no authority higher than them. The international system is fundamentally anarchic, with every actor left to their own devices with no supranational oversight. Each State finds it in their own self-interest to provide their own means for security. Security comes with the ability of the State to exercise its power, and thus Power Hegemony and Security are inextricably linked. In other words, since no State can rely on a supranational authority to provide security (an every-man-for-himself scenario), it is in each State’s best interest to understand the power distribution across all state-actors and maximize power for themselves, as the ultimate security. This results in a zero-sum game, with one actor’s loss being another’s gain. In providing absolute security for one’s own State, one leaves others insecure. The resulting power imbalance manifests in conflict, and for the Realist it follows, therefore, that Conflict is the natural state of affairs.

This, in essence, is the Security Dilemma: Striving for absolute security leaves others absolutely insecure, thus providing powerful incentives for an arms race, leading to further conflicts. It is little wonder that this is also called the Spiral Model, for in the very process of striving for security, one gives birth to escalating conflict.

How does this relate to the Persian Gulf Crisis?

The US has long followed the Realist model, believing that in a state of fundamental anarchy, it is justifiable to have nuclear capabilities and have intense militarization, as a means of gaining absolute security (justified by ‘offense is the best defence’). However, the US is also known for disallowing Weapons of Mass Destruction and nuclear capabilities in other countries, despite having such resources by itself. Here we see the Security Dilemma: to maintain absolute security, the US cannot allow others to be similarly armed. This is seen clearly in the signing of the JCPOA.

Consider the case from Iran’s point of view. As a result of the US war against Al Qaeda and Taliban in Afghanistan and overthrow of Saddam Hussain in Iraq, there has been constant American presence in both the countries bordering Iran since almost two decades. That this poses a threat to Iran is obvious: the US caused fundamental regime changes in Iraq after the war; with its manpower and firepower, alongside its strategic placement on both sides of the Iranian border, the US is at a vantage point to attack Iran – placements that are, paradoxically, intended to guarantee American security.

The American show of strength and the impending danger of conflict leave Iran with two choices: Forge alliances with US adversaries, such as China or Russia, to deter Iran-US conflict, or be nuclear-armed. Iran managed both, causing, in effect, a nuclear arms race that culminated in the JCPOA.  In retrospect, the JCPOA seems like the perfect solution to the Security Dilemma in US-Iran conflicts: not only does it allow Iran to benefit from its suspensions of nuclear capabilities, it also ceases the arms race and de-escalates the conflict. In short, it is the Diplomat’s way out of the Security Dilemma, guaranteeing security without arms.

The Trump administration’s call to reimpose sanctions on Iran only serves to re-ignite security concerns for both countries. With Iran having ousted its JCPOA commitments as of January 2020, we can only hope that de-escalations will soon follow to prevent the otherwise inevitable spiralling into arms race and false absolute security.

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March 4, 2021 4:43 PM

Does giving the Lieutenant Governor more authoritative power have an impact on India's Federal structure?

On 3rd of February 2021, the NCT bill cleared by cabinet along with 20 other bills proposed to be introduced in the parliamentary session. The amendment was passed on 9th of February in the Rajya Sabha.

“The Bill proposed to amend the Government of National Capital Territory of Delhi Act, 1991, in the context of judgment dated 14.02.2019 of Hon’ble Supreme Court (Division bench) in Civil Appeal No 2357 of 2017 and other connected matters.”

The article explains the timeline and the practical implications of the NCT Amendment Act 2021 on the federal structure.

The Centre's amendments to the NCT of Delhi Act, gives more powers to the Lieutenant Governor and Delhi’s Kejriwal government were totally against the amendment as due to their bitter experience with the previous and current LG.

The Arvind Kejriwal government described the NCT Bill, as a murder of constitutional democracy and accused BJP of secretively drafting the amendments so as to govern Delhi in an unconstitutional manner using the LG's office.

The new amendment is expected to now clearly define the powers and functions of the Lieutenant Governor and the Delhi Government based on the 2019 judgement. The amendments add a category of bills, which fall outside the ambit of Delhi legislative assembly and which the Lieutenant Governor must reserve for consideration of the President. This category is supposedly added for the sake of “better governance” and to reduce potential conflicts. The amendments also specify that the elected government needs to send legislative proposals to Lieutenant-Governor (LG) at least 14 days in advance to seek his opinion and avoid any delays.

The tussle between the Delhi government and the Centre reached the Supreme Court 2017. The honourable Supreme court defined the role of the LG in Delhi and ruled that the LG cannot interfere in every decision of the Delhi Government. The tussle between the Union and Delhi government has that Article 239 AA of the Constitution at its core. The Article 239 AA gives Delhi the special recognition of a Union Territory with a Legislative Assembly that has a lieutenant governor as its administrative head.

In July 2018, a five-judge Constitution bench of the Supreme Court led by Chief Justice Dipak Misra stated that the lieutenant governor’s powers in the National Capital were only limited to land, police and public order.

“The lieutenant governor must work harmoniously with the elected government. The LG is the administrative head but can’t act as an obstructionist”, the bench stated. The supreme court also stressed upon the fact that the power and status of the LG was different from the state governors. They mentioned that the Lieutenant Governor must not be an obstructionist and must work harmoniously with the Delhi government. “There is no room for absolutism and no room for anarchy,” the bench stated. The verdict is not complete yet as the issue of services divided the bench that delivered the order and the matter is now addressed by a three-judge bench on the Supreme Court which has not concluded the hearing yet.

So far, the AAP has argued that former LG Najeeb Jung and the current LG Anil Baijal are undermining the federal structure of the Republic of India by objecting the decisions made by the Delhi government and overruling their authority in bureaucratic matters.

Former LG of Delhi with Prime Minister Modi | Source: Wikimedia

In July 2013, Najeeb Jung took charge as the LG of Delhi and Arvind Kejriwal swore in as the Chief Minister (CM) of Delhi in December 2013. After 49 days of governance, Arvind Kejriwal stepped down as his minority government was unable to pass the anti-corruption legislation due to lack of support provided by other political parties. In February 2015, the Aam Aadmi Party came back to power by a staggering majority of 67 out of 70 seats. However, the party faced a higher veto obstruction while making several decisions. In May 2015, LG Jung annulled all the bureaucratic postings by Delhi government and stated that power to appoint and transfer rests with him.

In June 2015, five officers of Bihar Police joined Delhi Government’s Anti-Corruption Branch (ACB). Jung rejected their employment at the ACB claiming that he was the person in charge even before the new amendment. In the same month, the Delhi government replaced the Home Secretary Dharam Pal and Jung obstructed the decision by vetoing the order. When the AAP government decided to hike circle rates in Delhi for agricultural land, the former LG Jung objected to the decision although the State government has the complete authority to take such decisions. In another instance in 2016, Jung set up a panel to probe over 400 files related to decisions taken by Delhi government. The CM of Delhi deemed it to be illegal.

Kejriwal and the AAP government blamed the former LG and Prime Minister Narendra Modi for the CBI raids of his office, FIRs filed by ACB against Arvind Kejriwal and former Delhi CM Late Sheila Dikshit in water tanker scam, restriction of control on appointing state bureaucrats and general obstruction of decisions.

Anil Baijal, the now LG of Delhi with Defence Minister Rajnath Singh | Source: Wikimedia

On 31st December 2016, Anil Baijal swore in as the Lieutenant Governor of Delhi. While the tussle between AAP and the LG continued, the alleged assault of Chief Secretary Anshu Prakash by AAP leaders at CM Arvind Kejriwal’s residence in February 2018 gave a new momentum to the tug of war.

Following the incident, the IAS association reportedly skipped routine meetings with ministers as a mark of protest but claimed that they have not suspended work. Before that, on December 2017, the turf war between Kejriwal and Baijal reached Parliament, with a Rajya Sabha member claiming that the CM was being treated like a “peon”.

In 2018, the AAP government demanded LG’s approval for the proposal for doorstep delivery of rations and also demanded grant of complete statehood for Delhi and installation of CCTVs. Baijal did not approve both the demands directly and further complicated the process. Kejriwal stated that the LG rejected the demands over “petty-politics”.

In June 2018, Delhi CM Arvind Kejriwal sat in a nine-day long hunger strike at the Lieutenant Governor’s office against the “strike” by IAS officers and Kejriwal wrote to Prime Minister Narendra Modi, requesting him, “with folded hands”, to intervene and end the agitation of the IAS officers.

The Aam Aadmi Party argues that the BJP is hell bent on ruining efficient governance of Delhi through the LG. Critics believe that the tussle has failed the federal system of our Democracy.

Chief Justice Dipak Misra, Justice Sikri and Justice Khanwilkar, in their written opinion devoted a significant portion to explain the understanding of federalism, and its fusion with democracy to achieve an “egalitarian social order”. According to our Constitutional scheme neither the States isolated islands, with their distinct vision, nor the Union government can make decisions that are meant to affect the interests of the States. The Chief Justice highlighted that there should be a sincere effort to avoid conflict and not encroach on each other spheres in a collaborative framework of federalism. To exercise authority, “there should be perception of mature statesmanship so that the constitutionally bestowed responsibilities are shared by them.” To attain the ideal balance in a federal structure, the Chief Justice suggested the Union and the States to have “mutual respect and deference to actualise the workability of a constitutional provision.”

Collaborative federalism involves healthy negotiation and coordination between the Union and State governments to ensure that the governance works within the circumference of the Constitution and in harmony.

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