Our So-Called Foreign Policy: Louder Talk and Still Too Small a Stick

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alliances, allies, Biden, China, Constitution, defense budget, Finland, Lippmann Gap, NATO, North Atlantic treaty Organization, nuclear umbrella, Our So-Called Foreign Policy, Sweden, Taiwan, Ted Galen Carpenter, treaties, Ukraine, Walter Lippmann

The foreign policy headlines have been coming so fast-and-furiously these days that they’re obscuring a dramatic worsening of a big, underlying danger: The dramatic expansion spearheaded lately by President Biden in America’s defense commitments that’s been unaccompanied so far by a comparable increase in the U.S. military budget. The result: A further widening of an already worrisome “Lippmann Gap” – a discrepancy between America’s foreign policy goals and the means available to achieve them that was prominently identified by the twentieth century journalist, philosopher, and frequent advisor to Presidents Walter Lippmann.

The existence of such a gap of any substantial size is troubling to begin with because it could wind up ensnaring the nation in conflicts that it’s not equipped to win – or even achieve stalemate. As I wrote as early as March, 2021, a Gap seemed built in to Mr. Biden’s approach to foreign policy from the beginning, since he made clear that America’s goals would be much more ambitious than under the avowedly America First-type presidency of Donald Trump, but also signaled that no big increase in America’s defense budget was in the offing.

Since then, Biden aides have expressed a willingness to boost defense budgets to ensure that they keep up with inflation – and therefore ensure that price increases don’t actually erode real capabilities. But no indications have emerged that funding levels will be sought that increase real capabilities much. Congressional Republicans say they support this kind of spending growth to handle new contingencies, but the numbers they’ve put forward so far seem significantly inadequate to the task.

That’s largely because most of them have strongly supported Biden decisions greatly to broaden U.S. the foreign military challenges that America has promised to meet. As for the President, he’s specifically:

>not only supported the bids of Finland and Sweden to join the North Atlantic Treaty Organization (NATO), but stated that the United States would “deter and confront any aggression while Finland and Sweden are in this accession process.” In other words, Mr. Biden both wants to (a) increase the number of countries that the United States is treaty-bound to defend to the point of exposing its territory to nuclear attack, and (b) extend that nuclear umbrella even before the two countries become legally eligible for such protection via Congress’ approval. It’ll be fascinating to see whether any lawmakers other than staunch non-interventionists like Kentucky Republican Senator Rand Paul question the Constitutionality of this position; and

>just this morning declared that he would use U.S. military force to defend Taiwan if it’s attacked by China even no defense treaty exists to cover this contingency, either, and even though, again, there’s been no Congressional approval of (or even debate on) this decision.

This Biden statement, moreover, lends credence to an argument just advanced by my good friend Ted Galen Carpenter of the Cato Institute – that although Ukraine has not yet joined NATO officially, ad therefore like Taiwan lacks an official security guarantee by the United States, it may have acquired de facto membership, and an equally informal promise of alliance military assistance whenever its security is threatened going forward.

As a result, Ted contends, “the Biden administration has erased the previous distinction between Alliance members and nonmembers” – and set a precedent that could help interventionist presidents intervene much more easily in a much greater number of foreign conflicts without Congressional authorization, let alone public support, than is presently the case.

To be sure, lots of legal and procedural issues have long muddied these waters. For example, the existence of a legally binding treaty commitment doesn’t automatically mean that U.S. leaders will or even must act on it. Even America’s leading security agreements (with the NATO members, Japan, and South Korea) stipulate that the signatories are simply required to meet attacks on each other in accordance with their (domestic) constitutional provisions for using their military forces.  (At the same time, breaking treaties like these, all else equal, isn’t exactly a formula for winning friends, influencing people, and foreign policy success generally. As a result, they shouldn’t be entered into lightly.)

Further complicating matters: America’s constitutional processes for war and peace decisions have long been something of a mess. The Constitution, after all, reserves to Congress the power to “declare war: and authorizes the legislature to “provide for the common Defense” and to “raise and support Armies.” Yet it also designates the President as the “Commander in Chief” of the armed forces.

There’s been a strong consensus since Founding Father James Madison made the argument that limiting the authority to declare war to Congress couldn’t and didn’t mean that the President couldn’t act to repel sudden attacks on the United States – that interpretation could be disastrous in a fast-moving world. But other than that, like most questions stemming from the document’s “separation of powers” approach to governing, the Constitution’s treatment of “war powers” is best (and IMO diplomatically) described as what the scholar Edward S. Corwin called a continuing “invitation to struggle.”

Undoubtedly, this struggle has resulted over time in a tremendous net increase in the Executive Branch’s real-world war powers. But the legal issues still exist and tend to wax in importance when presidential assertiveness leads to conflicts that turn unpopular.

I should specify that personally, I’m far from opposed yet to NATO membership for Finland and Sweden. Indeed, their militaries are so strong that their membership seems likely to strengthen the alliance on net, which would be a welcome change from NATO’s (and Washington’s) habit of welcoming countries whose main qualification seems to be their military vulnerability (like the Baltic states) and tolerating long-time members that have been inexcusable deadbeats (like Germany).

Similarly, as I’ve written, because American policymakers recklessly allowed the country’s semiconductor manufacturers to fall behind a Taiwanese company technologically, I now believe that Taiwan needs to be seen as a vital U.S. national security interest and deserves a full U.S. defense guarantee.

Yet I remain worried that the Biden administration’s Ukraine policy risks plunging the United States into a conflict with Russia that could escalate to the nuclear level on behalf of a country that (rightly) was never seen as a vital U.S. interest during the Cold War.

So my main concern today doesn’t concern the specifics of these latest Biden security commitment decisions. Instead, it concerns the overall pattern that’s emerging of talking loudly and carrying too small a stick – and ignoring the resulting Lippmann Gap widening. However Americans and their leaders come out on handling these individual crises, they need to agree that the responses  urgently need to close the Gap overall. Otherwise, it’s hard to imagine satisfactorily dealing with any of them on their own.

Our So-Called Foreign Policy: Biden’s Just Blundered on Taiwan, Too

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ABC News, Afghanistan, alliances, allies, Article Five, Biden, China, Cold War, Congress, credibility, George Stephanopoulos, Japan, NATO, North Atlantic treaty Organization, Our So-Called Foreign Policy, Republic of China, semiconductors, South Korea, Taiwan, treaties, vital interests

Last week I tweeted that I was worried that President Biden would do something stupid and reckless to try to establish or reestablish (depending on our viewpoint) his global chops following the Afghanistan military withdrawal his administration has so disastrously conducted. As known by RealityChek regulars, American Presidents have followed this course before – notably John F. Kennedy.

And sure enough, on Wednesday he at least came uncomfortably close. No, Mr. Biden didn’t invade or threaten another country, or even move U.S. military forces into provocative positions versus, say, China or Russia or Iran or North Korea. But he did say something that should worry all Americans. In his interview with ABC News’ George Stephanopoulos, the President suggested that Taiwan now enjoys the same status in American eyes as Japan, South Korea, and the members of the North Atlantic Treaty Organization (NATO). That is, they’re allies in whose defense against external aggression the United States is treaty-bound to fight.

Specifically, when asked by Stephanopoulos if China could credibly tell the Taiwanese – who they claim run a renegade province that Beijing has vowed to bring back into its fold with force if necessary – “See? You can’t count on the Americans,” Mr. Biden’s response included:

“We have made– kept every [defense] commitment. We made a sacred commitment to Article Five that if in fact anyone were to invade or take action against our NATO allies, we would respond. Same with Japan, same with South Korea, same with– Taiwan. It’s not even comparable to talk about that.”

The President is right about NATO. In fact, that Article Five he mentioned is the keystone of the treaty that established the alliance. In 1949, the signatories agreed

“that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all and consequently they agree that, if such an armed attack occurs…will assist the Party or Parties so attacked by taking forthwith, individually and in concert with the other Parties, such action as it deems necessary, including the use of armed force, to restore and maintain the security of the North Atlantic area.”

The Japan-U.S. Security Treaty of 1951 contains its own Article Five. The key section:

“Each Party recognizes that an armed attack against either Party in the territories under the administration of Japan would be dangerous to its own peace and safety and declares that it would act to meet the common danger in accordance with its constitutional provisions and processes.”

The promise to meet aggression with U.S. military force is a little looser here – and notice that the treaty creates no Japanese obligation to aid the United States with its own military if American territory comes under attack. The reasons are complicated – for example, in 1947, Japan, then under U.S. military cooperation, adopted a constitution containing a proposal from Supreme Allied Commander General Douglas MacArthur that pledged “never” to “maintain” “land, sea and air forces, as well as other war potential.” The idea, of course, was to prevent Japan from ever reemerging as the type of threat it became in the 1930s. And at that point, it wasn’t even a fully sovereign nation, much less an armed one.

Nonetheless, as the Cold War developed, and Washington’s priorities in East Asia shifted toward using any actual and potential assets available to resist communist aggression, the United States proceeded to push Japan to rearm and add to the regional forces that could fight the Soviets or the Chinese or the North Koreans. But even though Japan continuously balked, the United States’ determination to defend Japan could never be seriously doubted as long as tens of thousands of American servicemen were stationed on Japanese soil, representing a “tripwire” whose presence and possible vulnerability to the superior conventional militaries of potential regional aggressors would guarantee an armed U.S. response – poentially complete with the use of nuclear weapons – against an attack on Japan. 

A similar U.S. commitment – complete with unequal obligaions and tripwire forces – has been made to South Korea.

There’s now clearly a case for adopting the same policy toward Taiwan. From 1954 to 1979, the U.S. security relations with Taiwan were governed by a assymetrical defense treaty, too, complete wiith an Article Five American commitment. But since the United States decided to recognize the People’s Republic of China (yes, the Communists) as China’s sole legitimate government, its approach toward Taiwan’s defense has been informally called “strategic ambiguity” – which is just as fuzzy and plastic as it sounds.

Yet whereas that posture arguably made sense for most of the post-1979 period, since the People’s Republic has grown so much stronger and more important economically than Taiwan (which still calls itself the Republic of China), the island can now legitimately claim to boast an asset vital to America’s own national security and prosperity – world leadership in the manufacture of the world’s most advanced and powerful semiconductors.

At the same time, extending Article Five-type status even to a technological powerhouse like Taiwan isn’t a decision to be made on the spur of the moment. The impact on China – which has significantly closed the military gap with the United States especially in its own backyard (where Taiwan is located) – needs to be carefully considered. And more important, it’s a move that the United States can’t make by presidential fiat. Congress needs to approve.

On Thursday, a “senior Biden administration official” told reporters that American “policy with regard to Taiwan has not changed.” And the usual supposed experts and talking heads said that Mr. Biden had simply added to his long record as a “gaffe machine.” But who the heck is this senior official, anyway? Why should anyone believe him or her if they’re not willing to speak for attribution? And why should the Chinese take this walk-back seriously, or take comfort in (unofficial) assurances that the President was just Biden-ing again – especially since “strategic ambiguity” has become a lot bolder under both him and President Trump?

Moreover, if they’re not aware of it already, the Chinese should know that Presidents have used all sorts of ways short of formal treaties to tie the nation militarily to foreign countries, and even to use military force (Google “Tonkin Gulf Resolution,” or “Authorization for Use of Military Force”), and that timely, effective Congressional resistance is anything but a sure thing. That could go double for a national political establishment that today is united by a sense of humiliation due to the Afghanistan debacle – and possibly spoiling for an opportunity to regain global confidence.

Again, I’m not against a treaty commitment to Taiwan. But it needs to be made with full consideration of all the pluses and minuses, and according to clear Constitutional procedures. And it certainly shouldn’t result from an out-of-the-blue comment by a Chief Executive under heavy political fire, however richly deserved.

Our So-Called Foreign Policy: U.S. Cyber Strategy Still Seems Full of Holes

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arms control, asymmetrical war, China, cyber-war, deterrence, Iran, James Clapper, Joseph S. Nye, multilateralism, North Korea, nuclear weapons, Obama, Our So-Called Foreign Policy, Politico, Project Syndicate, Russia, treaties

Terrorism has understandably grabbed all the recent national security headlines lately, but two big articles this week have also valuably reminded us that major cyber threats still loom. Unfortunately, these pieces also (unwittingly) remind of all the reasons to worry that Washington still doesn’t have its arms around two of the biggest challenges facing the nation on the cyber front. The first is the asymmetry issue, which is a fancy way of saying that many of America’s current and likely cyber adversaries have much less to lose than the United States in a computer-war exchange. The second is the unlikelihood that the kinds of legalistic foreign policy approaches favored by much of the American establishment can meet this challenge.

Actually, the asymmetry issue has several cyber-related dimensions. One, widely noted (and especially by Chinese strategists), is that today’s civilian computer networks, whose development has long emphasized openness and information sharing, are vulnerable to attacks even from relatively low-tech countries. So for that reason alone, cyber-war can be a great geopolitical equalizer.

The second, however, is less widely noted. As I’ve written, the decision to launch a cyber attack against an adversary with significant cyber-war capabilities of its own rests on much more than a calculation of whether any assets the attacker values (its own cyber forces, its other military forces, its economy or broader society) can survive a retaliatory strike in meaningful form. This decision also hinges on more than how “meaningful” is defined for one or both parties to the conflict. It depends as well on a more fundamental, more political assessment regarding how much pain the two countries and societies can withstand.

Paradoxically, and especially relevant to Americans, the more advanced a country is, the less able it arguably is to deal satisfactorily with the disruptions stemming from a major cyber strike. And because the converse makes sense, too, it may not be decisive that the United States could inflict more damage in absolute terms in a cyber exchange on foes such as North Korea or Iran or Russia or even China than vice versa. The kinds of hardships stemming from the disabling of modern infrastructure could be much more tolerable for the peoples of these less developed, less prosperous countries than for Americans because much greater percentages of them rely so much less on these systems. Moreover, life without them is a much more recent memory – as are knowledge of and experience with coping.

That’s where, for all the information it contains (and keeping in mind that national cyber capabilities are closely guarded secrets), this detailed new Politico article on U.S. forces in this realm falls short. Even if America’s technological edge is as strong as portrayed, some of its adversaries might not be impressed enough to be deterred. One big possible policy implication: Asymmetry means that shoring up the nation’s cyber defenses, difficult as that is, is at least as important for ensuring cyber-security as creating matchless offenses. And as RealityChek readers know, U.S. intelligence chief James Clapper and other senior officials have said – for attribution – that these offenses actually aren’t so matchless. Another big implication – at least against China, trade and broader economic sanctions may be the most effective cyber counter-moves, since China’s dictators will struggle so to remain in power without the growing prosperity created largely by exporting to the United States.

One conclusion that shouldn’t be drawn from this cyber predicament is that a realistic way out is an international treaty or code of conduct banning or limiting cyber war. In this respect, it’s encouraging that Joseph S. Nye’s new essay for Project Syndicate is hardly a ringing endorsement of such legalisms and their effectiveness. But he does suggest that these measures can strengthen deterrence, and notes approvingly that

“major states have agreed that cyber war will be limited by the law of armed conflict, which requires discrimination between military and civilian targets and proportionality in terms of consequences. Last July, the United Nations Group of Government Experts recommended excluding civilian targets from cyberattacks, and that norm was endorsed at last month’s G-20 summit.”

Nye isn’t an Obama administration official, but he has been at the center of Democratic Party foreign policy circles for decades, and his pioneering emphasis on “soft power,” multilateralism, and other supposed substitutes for military might fits right in with Mr. Obama’s belief that world affairs is coming to be dominated by a fundamentally new, more cooperative set of dynamics and relationships. 

So it’s important to note that these ideas are simply efforts to define America’s biggest international problems – and international tensions in general – out of existence. Think about it: If the United States faced cyber-armed adversaries who were willing to abide fully by the conflict-limiting agreements they signed, these agreements wouldn’t be needed in the first place. For those countries would never take such commitments seriously unless they decided that their stake in maintaining whatever degree of (shaky) global peace and order prevails significantly outweighs whatever goals they could hope to achieve through major use of cyber-weapons – or any other weapons.

That is, if the world’s Chinas, Russias, and Irans were truly devoted to competing for influence peacefully and according to a set of rules, the rules would simply codify that reality. Their existence on a piece of paper cannot create it. And the asymmetry problem makes assuming their reasonableness (at least as Americans judge it) or perceived support for the global status quo even less reasonable.

Moreover, anyone believing that the history of nuclear arms control debunks that pessimism doesn’t understand that the various Cold War agreements signed by the United States and Soviet Union had nothing important to due with preventing armageddon. Instead, in this case, the conditions for a successful “balance of terror” – of mutual deterrence – were obviously in place. Fears of final physical destruction trumped all other considerations and produced restraint.

Sadly, there’s no evidence that any of the presidential candidates this year have better ideas. But as I wrote above, what the public doesn’t know about America’s cyber-war programs and strategies greatly (and properly) exceeds what it knows. So perhaps there’s some hope that truly realistic approaches are being developed, and that the next president will start learning about them once he or she is elected.