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Déjà Vu All Over Again: Iraq’s Escalating Political Crisis
Déjà Vu All Over Again: Iraq’s Escalating Political Crisis
Table of Contents
  1. Executive Summary
Terrorism and Counter-terrorism: New Challenges for the European Union
Terrorism and Counter-terrorism: New Challenges for the European Union

Déjà Vu All Over Again: Iraq’s Escalating Political Crisis

To overcome Iraq’s current political crisis and prevent the breakdown of the entire post-2003 order, Prime Minister Maliki and his opponents both will have to agree to painful compromises.

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Executive Summary

At first glance, the current Iraqi political crisis looks like just one more predictable bump in the long road from dictatorship to democracy. Every two years or so, the political class experiences a prolonged stalemate; just as regularly, it is overcome. So, one might think, it will be this time around. But look closer and the picture changes. The tug of war over Prime Minister Nouri al-Maliki’s second term suggests something far worse: that a badly conceived, deeply flawed political process has turned into a chronic crisis that could bring down the existing political structure. To avoid this outcome, both Maliki and his opponents need to make painful compromises: the prime minister should implement the power-sharing deal negotiated in 2010 and pledge to step down at the end of his term; in turn, his rivals should call off efforts to unseat him and instead use their parliamentary strength to build strong state institutions, such as an independent electoral commission, and ensure free and fair elections in two years’ time.

The present stalemate has its immediate roots in the Erbil accord between key political actors, which led to the second Maliki government. Key elements of the power-sharing agreement, which political leaders reached in a rush in November 2010 as impatience with the absence of a government grew, were never carried out. Instead, the prime minister’s critics accuse him of violating the constitution, steadily amassing power at the expense of other government branches – parliament, the judiciary as well as independent commissions and agencies – and bringing security forces under his direct personal control. They also criticise him for reneging on crucial aspects of the understanding, notably by failing to fairly apportion sensitive security positions.

When, in December 2011, the judiciary issued an arrest warrant against Vice President Tareq al-Hashimi – a vocal Maliki critic – whatever good-will remained collapsed. Several of the prime minister’s partners boycotted the government, arguing that he increasingly was veering toward indefinite, autocratic rule. While they returned to the council of ministers after a few weeks, Maliki’s opponents – which include a broad array of Sunnis, Kurds, but also Shiites – have since vowed to unseat him through a parliamentary no-confidence vote.

The prime minister’s detractors have a case. A master at navigating the grey areas of law and constitution, he has steadily concentrated authority since 2006. But they also have a fair share of responsibility, having signally failed to marshal their parliamentary strength to pass legislation that would keep Maliki’s growing power in check. Arguably, had they devoted their energies to the hard work of confronting him through institutions, they would not have found themselves compelled to seek a no-confidence vote as a last resort to block his apparent path toward autocratic rule. If, as is undeniable, Maliki has added to his powers during his six-year tenure, there can be no question that a large part of his success derives from his rivals’ incapacity to thwart him via institutional means.

It is unclear how this imbroglio will end, although at this rate and without a tangible change in all sides’ behaviour, it almost certainly will end badly. Regardless of whether he survives in office, Maliki has lost the trust of vast segments of the political class, including among former Shiite allies. At the same time, opposition members are deeply divided, both on fundamental substantive issues and on whether to push Maliki to implement the Erbil agreement or remove him once and for all. The odds that they can muster the required votes to unseat him are low; even should they succeed, they are highly unlikely to agree on a common platform to form an alternative government. This would leave Maliki as caretaker prime minister until the next elections in 2014. In the meantime, his government will increasingly find it difficult to govern. All Iraqis will pay a price.

Iraq’s predicament is a symptom of a problem that goes far deeper than the unimplemented Erbil understanding or even Maliki’s personality. It directly relates to the inability to overcome the legacy of Saddam Hussein’s regime and its repressive practices: a culture of deep suspicion coupled with a winner-take-all and loser-lose-all form of politics. Because it never produced a fair, agreed-upon distribution of power, territory and resources, the political bargaining that followed the regime’s fall did little to remedy this situation. The constitutional order the U.S. occupying power midwifed was an awkward patchwork that did not address core issues – the nature of the federal system; the powers of the president, prime minister and parliament; even the identity of the state and its people. Worse, by solidifying an ethno-sectarian conception of politics, it helped fuel a conflict that at times has been more violent, at others more subdued, but has never wholly vanished.

The recurrent political crises that have plagued Iraq are the logical manifestations of this original flaw. Not once did the outcome of these recent cases tackle, let alone fix, the source of the impasse; rather, they were more like band aids, superficial agreements leaving issues either wholly unresolved or resolved but without an enforceable implementation mechanism. What is more, with each episode the wound grows deeper: the gap between political parties widens, bolstering centrifugal forces first manifested in the 2005 process of drafting the constitution as well as in the substance of the text.

This time, political leaders must do more than merely patch things up and live to fight another day, without touching root causes. A quick fix today could mean a comprehensive breakdown tomorrow: the 2014 parliamentary elections loom, and for all parties stakes are higher than ever. Without an agreement on constitutional and legal rules of the game, the prime minister desperately will seek to cling to power and risks of electoral malfeasance will increase commensurately; this will render any outcome suspect and therefore contested. Ultimately, the post-2005 constitutional order might unravel, potentially amid violence.

Making an understanding even more urgent is the uneasy state of the region. From the outset, the political system’s frailty has drawn in neighbouring states but rarely in so perilous a fashion as now. Following the U.S. troop withdrawal and the growing sectarian rift that has opened in the Middle East in the wake of the Arab uprisings, Iraq could fast become a privileged arena for a regional slug­fest. While all attention today is focused on Syria, regional actors, the Maliki government included, appear to see Iraq as the next sectarian battleground, particularly should Bashar Assad’s regime fall. Founded in reality or not, the perception in Baghdad is that the emergence of a Sunni-dominated Syria would embolden Sunni militant groups at home; the prime minister also feels that a broad Sunni alliance led by Saudi Arabia, Qatar and Turkey has painted a target on his chest as part of their cold war with Iran and, more broadly, with Shiite Islam. Maliki has thus essentially thrown in his lot with the regime next door, notwithstanding their tense relations in years past; some neigh­bours likewise are convinced he has grown ever closer to Tehran.

It will not be easy to right the course of Iraq’s drifting ship of state, but Maliki, his opponents and neighbouring countries share an interest in reducing tensions and returning to power sharing, as the alternative could be renewed civil war with greater foreign interference. Because amending the constitution has proved near-impossible, peaceful change will have to occur through constitution-based political consensus – finally beginning to address what for too long has been ignored.

In a companion report to be released later this month, Crisis Group will highlight a specific aspect of the current crisis: the inability of one of the opposition alliances, al-Iraqiya, to present an effective barrier to Maliki’s incremental power grab. Iraqiya’s flailing efforts, along with those of other parties, to unseat Maliki through a parliamentary no-confidence vote underscore its waning power; show that what remains of the country’s secular middle class lacks an influential standard bearer at a time of ongoing sectarian tensions that Syria’s civil war risks escalating; and underline the marginalisation of Sunni Arabs and Sunni Turkomans, further increasing the potential for violence.

Baghdad/Erbil/Brussels, 30 July 2012

Terrorism and Counter-terrorism: New Challenges for the European Union

Despite suffering significant blows in Syria and Iraq, jihadist movements across the Middle East, North Africa and Lake Chad regions continue to pose significant challenges. In this excerpt from the Watch List 2017 – First Update early-warning report for European policy makers, Crisis Group urges the European Union and its member states to prioritise conflict prevention at the heart of their counter-terrorism policy and continue investment in vulnerable states.

This commentary is part of our Watch List 2017 – First Update.

Over the past few months, military operations have eaten deep into the Iraqi and Syrian heartlands of the Islamic State (ISIS). Much of Mosul, the group’s last urban stronghold in Iraq, has been recaptured; Raqqa, its capital in Syria, is encircled. Its Libyan branch, with closest ties to the Iraqi leadership, has been ousted from the Mediterranean coastal strip it once held. Boko Haram, whose leaders pledged allegiance to ISIS, menaces the African states around Lake Chad but has split and lost much of the territory it held a year ago. Though smaller branches exist from the Sinai to Yemen and Somalia, the movement has struggled to make major inroads or hold territory elsewhere.

ISIS’s decisive defeat remains a remote prospect while the Syrian war rages and Sunnis’ place in Iraqi politics is uncertain. It will adapt and the threat it poses will evolve. But it is on the backfoot, its brand diminished. For many adherents, its allure was its self-proclaimed caliphate and territorial expansion. With those in decline, its leaders are struggling to redefine success. Fewer local groups are signing up. Fewer foreigners are travelling to join; the main danger they represent now is their return to countries of origin or escape elsewhere.

Al-Qaeda, meanwhile, is increasingly potent. It, too, has evolved. Its affiliates, particularly its Sahel, Somalia, Syria and Yemen branches, are more influential than the leadership in South Asia. Osama bin Laden’s successor, Ayman al-Zawahiri, inspires loyalty and offers guidance but has little say in daily operations. Al-Qaeda’s strategy – embedding within popular uprisings, allying with other armed groups and displaying pragmatism and sensitivity to local norms – may make it a more durable threat than ISIS. Its strategy also means that affiliates’ identities are more local than transnational, a shift that has sparked debate among jihadists. Although Western intelligence officials assert that cells within affiliates plot against the West, for the most part they fight locally and have recruited large numbers of fighters motivated by diverse local concerns.

U.S. national security policy looks set to change too. Much about new President Donald Trump’s approach remains uncertain, but aggressive counter-terrorism operations for now dominate his administration’s policy across the Muslim world. Protecting U.S. citizens from groups that want to kill them must, of course, be an imperative for American leaders. But since the 9/11 attacks a decade and a half ago, too narrow a focus on counter-terrorism has often distorted U.S. policy and at times made the problem worse.

The roots of ISIS’s rise and al-Qaeda’s resurgence are complex and varied. Patterns of radicalisation vary from country to country ... though war and state collapse are huge boons for both movements.

Some early signs are troubling. Past months have seen a spike in civilian casualties resulting from U.S. drone and other airstrikes. The degree to which the administration will factor in the potential geopolitical fallout of operations against ISIS and al-Qaeda is unclear. U.S. allies could misuse counter-terrorism support against rivals and deepen chaos in the region. Nor it is clear that the U.S. will invest in diplomacy to either end the wars from which jihadists profit or nudge regional leaders toward reforms that can avert further crises. The new administration may also escalate against Iran while fighting jihadists, creating an unnecessary and dangerous distraction.

Though the influence of European leaders and the European Union (EU) on Arab politics and U.S. counter-terrorism policy has limits, they are likely to be asked to bankroll reconstruction efforts across affected regions. They could use this leverage to:

  1. Promote a judicious and legal use of force: Campaigns against jihadists hinge on winning over the population in which they operate. “Targeted” strikes that kill civilians and alienate communities are counterproductive, regardless of immediate yield. Indiscriminate military action can play into extremists’ hands or leave communities caught between their harsh rule and brutal operations against them. European leaders should press for tactical restraint and respect for international humanitarian law, which conflict parties of all stripes increasingly have abandoned.
     
  2. Promote plans for the day after military operations: Offensives against Mosul, Raqqa or elsewhere need plans to preserve military gains, prevent reprisals and stabilise liberated cities. As yet, no such plan for Raqqa seems to exist – it would need to involve local Sunni forces providing security, at least inside the city. As operations against ISIS and al-Qaeda linked groups escalate, the EU could seek clarity on what comes next and how operations fit into a wider political strategy.
     
  3. Identify counter-terrorism’s geopolitical side effects: The fight against ISIS and al-Qaeda intersects a tinderbox of wars and regional rivalries. Frank discussion of the potential consequences of military operations could reduce risks that they provoke a wider escalation. The Raqqa campaign, for example, should seek to avoid stimulating fighting elsewhere among Turkish and Kurdish forces and their respective allies. Success in Mosul hinges on preventing the forces involved battling for territory after they have ousted ISIS. European powers’ own counter-terrorism support should not result in allies being more resistant to compromise.
     
  4. Reinforce diplomatic efforts to end crises: From Libya to Syria, Iraq, Yemen and Afghanistan, no country where ISIS or al-Qaeda branches hold territory has a single force strong enough to secure the whole country. Unless the main non-jihadist armed factions in each country can arrive at some form of political accommodation among each other, there is a risk they either ally with jihadists against rivals or misuse counter-terrorism support for other ends. European powers should step up support for UN-led diplomacy if the U.S. neglects such efforts.
     
  5. Protect space for political engagement: Over recent years, as jihadists have gathered force on today’s battlefields, Western powers have tended to draw a line between groups they see as beyond the pale and those whom they envisage as part of settlements. The EU should keep the door open to engagement with all conflict parties – whether to secure humanitarian access or reduce violence. It should be made clear to groups on the wrong side of the line how they eventually can cross it. Al-Qaeda affiliates’ increasingly local focus makes this all the more vital.

  6. Warn against confronting Iran: Such a confrontation would be perilous. Militarily battling Tehran in Iraq, Yemen or Syria, questioning the nuclear deal’s validity or imposing sanctions that flout its spirit could provoke asymmetric responses via non-state allies. Iran’s behaviour across the region is often destabilising and reinforces the sectarian currents that buoy jihadists. But the answer lies in dampening the rivalry between Iran and the Gulf monarchies, not stimulating it, with the attendant risk of escalating proxy wars. This will mean resuming a tough but professional senior-level U.S.-Iranian channel of communication, something the U.S. administration seems reluctant to do but that Europe could encourage. And, for the EU and its members states (notably France, Germany and the UK), it means clearly signalling to the U.S. administration that any step to undermine the Joint Comprehensive Plan of Action (JCPOA) – in the absence of an Iranian violation of the deal – will leave Washington isolated and unable to recreate an international consensus to sanction Iran.

The roots of ISIS’s rise and al-Qaeda’s resurgence are complex and varied. Patterns of radicalisation vary from country to country, village to village and individual to individual. Clearly, though, war and state collapse are huge boons for both movements. Both groups have grown less because their ideology inspires wide appeal than by offering protection or firepower against enemies, or rough law and order where no one else can; or by occupying a power vacuum and forcing communities to acquiesce. Rarely can either group recruit large numbers or seize territory outside a war zone. The EU’s investment in peacebuilding and shoring up vulnerable states is, therefore, among its most valuable contributions against jihadists. European leaders must do everything within their power to disrupt attacks, but they should also put conflict prevention at the centre of their counter-terrorism policy.