A Philosopher of Law on the Dangers of Trump’s Plan to Pardon American War Criminals

On Saturday, the Times reported that President Trump has requested paperwork that would allow him to quickly pardon several Americans who have been accused or convicted of war crimes, and who have become causes célèbres on Fox News. They include a former Green Beret who has been charged with murdering a man in Afghanistan and a Navy seal platoon chief who has been accused of murdering multiple people in Iraq, including a schoolgirl walking along a river, and whose trial is scheduled to begin next week. A third potential exoneree is part of a group of former Blackwater military contractors who were found guilty of murdering fourteen unarmed Iraqis in 2007. The Times reports that Trump is pursuing an expedited pardon process so that he can officially pardon these men over Memorial Day weekend.

To discuss what this decision would mean, and to understand the history of Americans wanting to place their own actions above the laws of war, I spoke by phone with Scott Shapiro, a professor of law and philosophy at Yale. Shapiro is the co-author, with Oona A. Hathaway, of “The Internationalists: How A Radical Plan to Outlaw War Remade the World,” about the attempts after the First World War to institute a legal regime that would prevent a second one. During our conversation, which has been edited for length and clarity, we discussed why the most outwardly patriotic Americans have long been skeptical of military law, the message President Trump is sending the military, and the dangers of placing troops above the law.

When you saw the news that these pardons were a possibility, what was it that went through your mind? Were there historical parallels, or did it seem like we were in another era?

I thought, immediately, Oh, pardon the war criminals to own the libs—that this was an attempt to trigger me and people like me. The reason I say I’m a little bit surprised at myself for having that reaction was that there is a long history, especially among conservative thinkers, of mistrusting the laws of war and thinking that the prosecution and punishing of American service personnel for defending our country, but not being punctilious about the particular rules of engagement, is unjust and unfair. This brought to mind the My Lai massacre—that was as horrific an act as a violation of the laws of war as you get.

And yet William Calley [a lieutenant who led the Charlie Company’s massacre of hundreds of civilians at My Lai] was somewhat of a folk hero in the United States. The heroes of My Lai, who saved many civilians and reported Charlie Company for what they had done, were vilified by many in the political establishment. Nixon was incredibly upset that William Calley was being prosecuted. He only got three and half years [of house arrest, after Nixon had him removed from prison]. It’s not clear to me how different what Trump is doing is from what Nixon did in the nineteen-seventies.

When you say that there is a long history of conservatives being mistrustful of laws of war, do you mean both international ways of regulating what our troops can do in war, like some sort of world court, and also our own laws or the military’s own laws?

Yes. So John Bolton, for example, has waged a war on the International Criminal Court for many years, since the beginning of its existence, and spent an enormous amount of time when he was in the State Department going around the world, trying to get countries to sign what we’ll call the Article 98 agreements, which basically said that these countries would not coöperate with the court in prosecution of American service personnel, and then denied them foreign aid if they didn’t.

But his objection has been very much about the notion that an international tribunal will prosecute American service personnel. Whereas there is another strand that objects even to our own government, our own military, prosecuting our own service personnel, and there are several strains to it, some of them being understandable, some of them being quite reprehensible. When I say understandable, I think that there are arguments. I don’t think they carry the day, but let me just say that there are at least arguments that make sense.

So one of them is war is hell, and shit happens, and it’s very hard to hold soldiers to such high standards. Oliver Wendell Holmes’s famous expression, that “detached reflection cannot be demanded in the presence of an uplifted knife,” comes to mind—the idea being that, if you’re in that situation, you can’t be expected to follow all the rules perfectly. There’s also the idea that there are too many rules, and that the rules are too constraining and that we’re tying, as they say, our boys’ hands. And it’s especially problematic in cases where there’s an asymmetry, where the U.S. military is fighting a group that doesn’t follow the rules. So it’s not just that we have a lot of rules, we’re fighting other militaries who are ostensibly bound by those rules, too. But, also, what do we do when they’re not following the rules, they hide among civilians.

Those, I think, are arguments that need to be taken seriously, and people have obviously debated them, and it’s not obvious what the solution should be in particular cases. I went and I watched a lot of the Fox News clips about these cases that it seems like Trump was responding to. And they sometimes use these arguments, but they also use the arguments like, “These are our guys and you need to protect them. They’re risking their lives for us and we have to protect them.” And it’s tribalism. Like, “These are our people and it’s ungrateful to turn on them.”

There’s also a sense, I think, that they’re killing terrorists, so what’s the problem? They’re eliminating evil people. And I think that there’s a particular Trumpian flavor to the assault here, which is that they’re attacking the integrity of the military-justice system much in the same way that Trump does when he attacked Mueller. The idea here being, Look, you can’t trust anyone.

Institutions.

Yeah. It’s particularly interesting to go after the military, which is, of course, the most trusted institution in the United States, about the worst people in the world, that is, the war criminals.

Trump had this aspect of his campaign where he would basically say, “I’m smarter than all the generals.” Do you remember that? Everyone remembers the McCain P.O.W. stuff, but there was this weird, understated, The military is not tough enough or smart enough anymore. It’s just another institution that’s been corroded with establishment figures.

And yet, one of the things that Trump has done is devolved a lot more responsibility down to the military, reversing the Obama scheme whereby military plans had to get extensive vetting by the political branches. So Trump is, on the one hand, saying, “I’m smarter than the military,” and yet, “Don’t bother me with this stuff. You deal with it.

I assume, over time, the military has over all got better about investigating abuses within its ranks. Do you have some sense of even a hundred years ago, the period you wrote about, how much there was a system for investigating the American military for misbehavior?

So I can tell you that my colleague John Fabian Witt has written a lot about this. In “Lincoln’s Code,” he talks about how the system that we have now really evolved from the military commissions set up in the Mexican-American War and then the Civil War, whereby the U.S. military had to figure out what they would do with people who violated the laws of war.

And so, at least from the perspective of the U.S. military, we’ve been working on this for almost two hundred years—and, funnily enough, so much of the laws of war in their modern form was American-driven. It’s a classic example, I think, of Trump trying to undermine institutions that Americans helped create. So it’s this strange feature, but a lot of times there’s a sense that the laws of war are foreign impositions on the American military, interfering with our sovereignty, when in fact they were developed by the U.S. military as a way of enforcing military discipline.

That’s, in some sense, the general point that people misunderstand about the laws of wars: that they really have their origins in military discipline, that militaries around the world recognized the need to have constraints on soldiers for the sake of having a well-run military. And so it’s usually in the military’s interest for service personnel to be constrained in the way that they are. I would imagine that many military commanders are unhappy about this move.

Trump is often compared to authoritarian figures in history. He’s often been compared to Andrew Jackson. But to what degree does Trump remind you of a certain type that you’ve written about, which is someone from a hundred years ago having a certain isolationist streak, but also just a very warlike personality, with extreme jingoism and nationalism, and a contempt for or racism toward other countries and other people. This pardon news being paired with Trump’s apparent uninterest in a war with Iran was interesting.

Well, bellicosity and racism and Eurocentrism contributed enormously to imperialism and colonialism and genocidal wars of the past, for sure. What is interesting is that these attitudes normally led to war rather than what is happening with Trump, which is that it’s being matched with a kind of isolationism. My own view—and I obviously can’t substantiate it—is that the reason Trump is an isolationist is because I don’t think he wants to spend money on brown people. That is, I think he feels, Why are we spending our money and spending lives trying to bring democracy and improve Iraq, or Syria, or spending money on fighting in Iran, where we’re just going to have to pour money into that country? Here, the xenophobia and racism actually contribute to isolationism.

The America Firsters don’t want to get into World War Two in part because they think, Why are we trying to save the Jews? Why are we pouring money to protect these ethnic minorities in Europe when who the hell cares about them? There are definitely strong historical echoes.

I’m not trying to draw a direct parallel, but the America First types who did not want to get America involved in a war in Europe had no problem asserting the Monroe Doctrine in the Western Hemisphere and insuring business interests in the United States were taken care of and expanded. And that would be my hunch about the type of war that Trump would be at least open to.

I think that’s right, though it’s hard to imagine what that case would be like. I’ve actually been surprised that Trump hasn’t said, “If Mexico doesn’t pay for the wall, we’ll just go take the money from them somehow.” I’m surprised that he hasn’t threatened some war in order to get the money back for the wall. He has said crazy things—“fire and fury”—about North Korea. Threatening a nuclear war is an outrageous thing to do. Saying, “If Mexico doesn’t pay for the wall, we’ll get it in some way,” doesn’t seem that much crazier. Of course, he seems to have no interest in Venezuela, so it’s hard to see what, exactly, the economic interests would be there. It’s so hard to know, and also tiresome to try to guess, what are you going to do next?

What are your biggest concerns, going forward, about what pardons like these would do?

I’m very worried about it. I think, historically, the origins of these rules emanate from military discipline and the sense that the military has to have control over soldiers and control their behavior and keep them focussed on the military mission at hand. And to follow the rules is extremely important for the success of the mission. The golden rule of counterinsurgency is, you want to make sure that you kill more terrorists than you make.

One of the cases that the New York Times reports about is pardoning this group of marines who urinated on deceased Afghans. Is it really helpful for our counterinsurgency mission for people to know that that’s what U.S. military personnel do, and the President just pardons it because it’s no big deal to pee on a dead Afghan?

There are so many ways that this is both an insult to the military and bad for the military. And the ironies of that are plenty.

Yeah, right. So there’s that. This is also really bad for morale. I’ve taught in R.O.T.C., I’ve taught these young officers in training, and they’re taught that these rules are super serious and that they really go to the essence of what it is to be an honorable officer. And then to have the President of the United States say, “Actually, the rules don’t really matter”—what does it do to their sense of what enterprise they’re participating in, No. 1? No. 2, how do they get their men to follow the rules if the Commander-in-Chief is saying it doesn’t matter? It’s just a recipe for disaster.

There are so many ironies here, but one of the cases that Trump is considering, based on the New York Times reports, is the case of the Blackwater military contractors. The Bush Administration tried so hard to get the Iraqis not to prosecute these people, because, they said, “Don’t worry, trust us. You can trust the American criminal-justice system. We’ll take care of it.” And they really held the Iraqi government at bay at a very difficult time with the idea that, We can take care of it.

Why would countries accept that going forward? They’d say, “Look what you’re doing.” So it’s not only bad from a military-mission perspective, but it’s also bad from the sovereigntist perspective. If what you’re really worried about is other countries exerting control over American service personnel, you’re giving them every reason to do it if you do this.

Or to want to create an international system where these things are taken care of, since America’s not going to take care of it on its own.

Yeah, exactly. It’s just more fuel for the people who say, “America has lost its moral way. We can’t trust them. We really need an international criminal court.”

I should also say that, for all these complex reasons of history and how Americans think of this stuff, at the same time, there’s probably a fairly simple thing going on, which is that, if this was not going on in Muslim countries, this probably would not have become a cause célèbre on Fox and the President might not be doing this.

Yeah. When Charlie Company mowed down men, women, children, old people, on the one hand, they were Vietnamese, and so, “Who cares?” But also, talk about historical parallels, after William Calley was convicted of murder, George Wallace visited him and said, “Look, I don’t see why we should be so upset about a soldier killing more communists.” And so, there is a way in which when you dehumanize and vilify a group, the fact that the military killed some more of them, well, how bad, really, is it?

Will Trump Be the Sage One?

Only one person can save us from the dangerous belligerent in the White House.

And that person is Donald Trump.

How screwed up is that?

Will the president let himself be pushed into a parlous war by John Bolton, who once buoyed the phony case on W.M.D.s in Iraq? Or will Trump drag back his national security adviser and the other uber hawks from the precipice of their fondest, bloodiest desire — to attack Iran?

Can Cadet Bone Spurs, as Illinois senator and Iraq war vet Tammy Duckworth called Trump, set Tom Cotton straight that winning a war with Iran would not merely entail “two strikes, the first strike and the last strike”? Holy cakewalk.

Once, we counted on Trump’s advisers to pump the brakes on an out-of-control president. Now, we count on the president to pump the brakes on out-of-control advisers.

.. “On one side, you have a president who doesn’t want war, who simply wants to do with Iran what he has done with North Korea, to twist the arm of the Iranians to bring them to a negotiation on his terms,” said Gérard Araud, the recently departed French ambassador. “He thinks they will suffer and at the end, they will grovel in front of his power.”

But in a way, Araud said, the face-off with the Iranians is more “primitive and dangerous” because, besides Bolton, other factions in the Middle East are also “dreaming of going to war.”

“Even if Trump doesn’t personally want war, we are now at the mercy of any incident, because we are at maximum tension on both sides,” said Araud, recalling Candidate Trump’s bellicose Twitter ultimatumsin 2016 when Iran’s Revolutionary Guards held American sailors blindfolded at gunpoint for 15 hours.

Given their sour feelings about W. shattering the Middle East and their anger at Trump shredding the Iran nuclear deal, Europeans are inclined to see the U.S. as trying to provoke Iran into war. This time, the Europeans will not be coming along — and who can blame them?

I’m having an acid flashback to 2002, when an immature, insecure, ill-informed president was bamboozled by his war tutors.

In an echo of the hawks conspiring with Iraqi exiles to concoct a casus belli for Iraq, Bolton told members of an Iranian exile group in Paris in 2017 that the Trump administration should go for regime change in Tehran.

And that’s why, before 2019, we here will celebrate in Tehran!” Bolton cheerily told the exiles.

When Bolton was the fifth column in the Bush 2 State Department — there to lurk around and report back on flower child Colin Powell — he complained that W.’s Axis of Evil (Iran, Iraq, North Korea) was too limited, adding three more of his own (Cuba, Libya, Syria). Then, last year, Bolton talked about “the Troika of Tyranny” (Cuba, Nicaragua, Venezuela). His flirtations with military intervention in Venezuela this month irritated Trump.

The 70-year-old with the Yeti mustache is an insatiable interventionist with an abiding faith in unilateralism and pre-emptive war. (The cost of our attenuated post-9/11 wars is now calculated at $5.9 trillion.)

W. and Trump are similar in some ways but also very different. As Trump biographer Michael D’Antonio notes: W. was interested in clarity. Trump wants chaos. W. wanted to trust his domineering advisers. Trump is always imagining betrayal. W. wanted to be a war hero, like his dad. Trump does not want to be trapped in an interminable war that will consume his presidency.

Certainly, the biographer says, Trump enjoys playing up the scary aspects of brown people with foreign names and ominous titles, like “mullah” and “ayatollah,” to stoke his base.

But Trump, unlike W., is driven by the drama of it. “It’s a game of revving up the excitement and making people afraid and then backing off on the fear in order to declare that he’s resolved the situation,” D’Antonio said. “Trump prefers threats and ultimatums to action because that allows him to look big and tough and get attention without doing something for which he will be held responsible. This is who he is at his core: an attention-seeking, action-averse propagandist who is terrified of accountability in the form of coffins arriving at Dover Air Force Base.”

David Axelrod, who had the military briefing about what a war with Iran would look like when he was in the Obama White House, said: “I’m telling you. It’s not a pretty picture.”

He says he is not sure which movie Bolton is starring in: “Dr. Strangelove” or “Wag the Dog.”

If part of your brand is that you’re not going to get the U.S. into unnecessary wars,” he said, “why in the world would you hire John Bolton?

Trump Isn’t Just Reversing Obama’s Foreign Policies. He’s Making it Impossible for His Successor to Go Back to Them.

Who says the Trump administration doesn’t know what it’s doing in the Middle East?

Sure, there’s plenty of confusion, diplomatic malpractice and dysfunction in Trumpian foreign policy. But on two critical issues it is deadly functional: The administration is focused like a laser beam on

  1. irreversibly burning U.S. bridges to Iran and
  2. administering last rites to a two-state solution to the Israeli-Palestinian conflict.

And if you look at the administration’s actual policies, it’s clear they aren’t just meant to overturn President Barack Obama’s actions, but also to create points of no return—so that successor administrations cannot revert to past approaches even if they want to. If the administration succeeds—and it’s well on its way to doing so—it will have fundamentally damaged U.S. national interests for years to come.

The administration has now done a complete about-face. Whatever Trump’s personal inclinations to prove he’s the world’s greatest negotiator on Iran, his hard-line advisers, Secretary of State Mike Pompeo and national security adviser John Bolton, want to get rid of the mullahs who rule the Islamic Republic, not engage them. Pompeo and Bolton are now pulling out all the stops not only to provoke Iran into withdrawing from the Joint Comprehensive Plan of Action—and maybe into a fight as well—but to block a successor from engineering either a broader geopolitical pivot toward Iran or to engage in diplomacy to resolve outstanding U.S-Iranian differences. The administration’s Monday announcement that it will end all waivers of sanctions on countries still importing Iranian oil fits this pattern of relying on coercion and intimidation rather than diplomacy. As for Israel, whatever the president’s personal views on Israeli-Palestinian peace (and during the campaign they were more balanced than they are today), Jared Kushner and his team now seem hellbent on producing a “made in Israel” peace plan that will be dead before arrival and drive the final nail in the coffin of a peace process that is already on life support.

Last year, Pompeo laid out 12 extreme demands that Tehran would have to meet before the Trump administration would agree to re-engage with Iran. The demands would have required Iran to give up all its rights under the JCPOA and to stop pursuing what Tehran sees as its legitimate interests in the region—for example, helping to stabilize Iraq and supporting the government of Adil Abdul-Mahdi to defeat the Islamic State in Iraq. This diktat was swiftly and angrily rejected by the Iranian government.

No amount of economic or diplomatic pressure the U.S. brings to bear on Tehran will force it to knuckle under to these orders. But the administration’s fantastical demands have established a standard that will be used to judge any future nuclear agreement a Democratic, or different kind of Republican, administration might negotiate with Iran, which will almost certainly require both U.S. and Iranian compromises. That means a president who fails to meet these standards will be accused of appeasement, making compromise as well as domestic support for a new agreement far more difficult. The administration is not just killing the Iran nuclear deal; it’s stopping it from coming back to life.

The administration’s decision to designate Iran’s Islamic Revolutionary Guard Corps as a Foreign Terrorist Organization is also willfully and unnecessarily confrontational, and once done, given the hardcore, militant and enduring nature of the IRGC, it will be nearly impossible to undo. A successor administration, if it did try to undo the designation, would find itself vulnerable to the charges of enabling state-sponsored terrorism. The move will strengthen hard-liners in Iran who oppose accommodation with the U.S. and weaken those elements within the country which favor improved relations with America, who will now have no choice other than to remain silent or close ranks behind the IRGC, further diminishing opportunities for future engagement and diplomacy with Iran. Empowered hard-liners will crack down even more harshly on Iranians who want less political oppression, greater respect for human rights, and more political and civil liberties. All these results were no doubt intended by Pompeo and Bolton, and work together with the economic warfare the administration is waging against Iran, which is aimed at provoking internal unrest inside the country that could ultimately lead to a toppling of clerical rule. The imposition of the total embargo on Iranian oil exports, if successful, will inflict even more economic misery on the Iranian people, hardening the perception that the U.S. government is an enemy not only of the ruling regime but also of the Iranian people—an attitude that will make it harder to ratchet down hostility toward America in the future.

In what would deliver the final coup de grace to any normalization of future U.S.-Iranian relations, Pompeo and Bolton are doing everything they can to goad Iran into a military conflict with the U.S.There is a growing risk that U.S. forces and Iranian IRGC units and Iranian-backed militias could stumble their away into an unintended conflict, especially in Iraq or Syria but also in Yemen, where the administration’s unstinting support for the Saudi Arabia’s inhumane and ineffectual military campaign against the Iranian-backed Houthis risks further provoking Houthi missile attacks on the Kingdom, creating a pretext for the Trump administration to come to the Kingdom’s defense.

There are a number of steps the U.S. could take to mitigate the risks of an unintended conflict with Iran. But the administration has failed to create diplomatic or operational arrangements for communications and crisis management with Iran, suggesting that its goal is not to prevent such a conflict but to deliberately provoke one. And predictably, the IRGC designation has met with a hostile Iranian response: The Iranian Majlis (parliament) has declared every American soldier in the Middle East a terrorist. Thousands of U.S. military personnel are now wearing targets on their backs. Because they operate in close proximity to IRCG units and Iranian-backed militias in Syria and Iraq, the odds have increased dramatically that there will be some kind of confrontation with a high risk of escalation. In other words, U.S. actions have helped set the stage for a U.S.-Iranian conflict that could rule out reconciliation for many more years.

A less confrontational relationship with Iran isn’t this administration’s only casualty. It is also doing all it can to kill and bury the long-standing policy of seeking a two-state solution to achieve a conflict-ending settlement between Israel and the Palestinians.

Over the past year, the administration has waged a relentless campaign of economic and political pressure against the Palestinians—

  1. closing the PLO office in Washington,
  2. withdrawing U.S. assistance from the U.N. agency that supports Palestinian refugees and
  3. cutting aid to the Palestinian Authority.

While the details of the Kushner plan have been shrouded in secrecy for over a year, the way his team has operated and leaks to the media suggest a plan that gives priority to Israeli Prime Minister Benjamin Netanyahu’s politics and needs—one that is reportedly heavy on economic issues and light on the core issues of

  1. Jerusalem,
  2. borders,
  3. refugees and
  4. Palestinian statehood.

Since at least the mid-1990s, both Democratic and Republican administrations have been committed to a two-state solution with a return of the majority of the West Bank to the Palestinians—based on borders from before Israel’s 1967 seizure of that territory—and a physically undivided Jerusalem hosting capitals of both states.But the Trump administration has reversed almost 20 years of U.S. policy by even refusing to unequivocally and consistently endorse the concept in principle of a two-state solution. Trump did support the idea in September 2018. But since then, the administration has dropped the concept and, even worse, delegitimized it. Last week, the Washington Post reportedthat the words Palestinian state are unlikely to appear in the Kushner plan. Even more telling, testifying before Congress last week, Pompeo refused to endorse Palestinian statehood as the goal of U.S. policy.

Even if the words “two-state solution” were uttered, the administration’s view of the Palestinian state is clearly a far cry from the size and contiguity that any Palestinian leader could accept as part of a deal. In this way, the Trump administration’s policies don’t just roll back the very idea of a meaningful two-state solution and push the Palestinians further away from engaging seriously in negotiations leading to a settlement. They also, in aligning so closely with Netanyahu’s vision, make a deal much less likely in future.

For example, the administration’s gratuitous decision—untethered from any U.S. national interest—to recognize Jerusalem as Israel’s capital and open an embassy there

  • inflicted serious damage on U.S. credibility as a mediator,
  • marginalized the Palestinian Authority as a key U.S. interlocutor, and
  • subordinated U.S. policy toward the Palestinians to U.S. policy toward Israel.

The administration’s treatment of Jerusalem has drawn a clear hierarchy: Israel’s needs are indisputable and sacred, Palestinian needs are negotiable and worldly. The prospects for a Palestinian capital in East Jerusalem are now more remote than ever: With continuing Israeli efforts to formalize their control over all of Jerusalem and the presence of more than 300,000 Israelis living there, it’s hard to imagine there will be either political or territorial space for the establishment of a real Palestinian capital.

The other long-standing diplomatic assumption—that settlement activity would be constrained during the period of negotiations andthat 70 to 80 percentof West Bank settlers who are in blocs close to the 1967 lines would be incorporated into Israel proper in exchange for ceding other land to Palestinians—has been undermined by an administration that has no intention of cutting a deal that would leave Palestinians in control of the majority of the West Bank. Indeed, theadministration has virtually erased the concept of the 1967 lines by enabling and greenlighting the expansion of settlement activity and unilateral Israeli actions on the ground without protest or the imposition of any redlines, not just on the West Bank but in Jerusalem as well. In March 2017, Israel announced the creation of a new settlement in the West Bank, the first in decades. After an initial drop during 2017, settlement construction activity increased 20 percent in 2018.

There is zero chance that any Palestinian leader—let alone one as weak and constrained as Mahmoud Abbas—will accept these conditions on the ground as part of a deal. And speculation is even growing that Netanyahu could use Palestinian rejection of the Kushner plan to outright annex portions of the West Bank.

That’s another area where the administration has done major damage. The Trump administration’s announcement on the eve of the recent Israeli election that it recognizes Israeli sovereignty over the Golan Heights—a decision that was untethered from any logic other than helping to reelect Netanyahu—could portend a U.S. decision to confer similar status onIsrael’s possible decision to annex parts of the West Bank. The administration has refused to challenge Netanyahu’s statement that in a defensive war Israel can keep what it holds. And last week, Pompeo, responding to a reporter’s question, refused to criticize Netanyahu’s statement about annexing West Bank settlements.

Once annexed, there will be no possibility of any solution that involves separating Israelis and Palestinians, thereby condemning them both to live in a one-state reality that is a prescription for unending conflict and violence. In the cruelest of ironies, the administration’s plan to end the Israeli-Palestinian conflict could extinguish any hope of a diplomatic solution to separate Israelis and Palestinians, and instead guarantee perpetual conflict.

So if the chances of the plan’s success are slim to none, especially in light of the recent Israeli election and the emergence of a very right-wing government, why launch it? The answer is obvious: We believe the administration has defined success in other ways. With zero chance of getting an agreement between Israelis and Palestinians, the administration’s real end game is to fundamentally alter U.S. policy toward the conflict and to do everything possible to raise the odds that no successor can reverse the new ground rules. And there may be no time better than now. Listen to U.S. Ambassador David Friedman—a key influencer of the administration’s policy—at last month’s AIPAC conference: “Can we leave this to an administration that may not understand the need for Israel to maintain overriding security control of Judea and Samaria and a permanent defense position in the Jordan Valley?” he asked. Can we run the risk that one day the government of Israel will lament, ‘Why didn’t we make more progress when U.S. foreign policy was in the hands of President Trump, Vice President Pence, Secretary Pompeo, Ambassador Bolton, Jared Kushner, Jason Greenblatt, and even David Friedman?’ How can we do that?”

The goal isn’t just to drive a stake through the peace process but to ensure that America’s traditional conception of a two-state solution won’t rise from the dead.

Why couldn’t a new administration truly committed to engaging Iran and pushing forward on a two-state solution simply return to traditional policies? We cannot rule this out; but this possibility faces very long odds, particularly if the Trump administration is in charge until 2024.

Even under normal circumstances with a committed and highly skilled administration, Iran and the Israeli-Palestinian conflict are excruciatingly difficult issues even to manage, let alone resolve. Success depends on leaders America can’t control who have conflicting interests and their own domestic constraints and, in the case of Iran, on bitterly suspicious adversaries; the issues are politically radioactive for all parties and perceived to be existential, too. And the longer these conflicts persist the more entrenched attitudes become and options for progress contract. Indeed, time is an enemy not an ally; and even under the best of circumstances, any number of deal breakers are always present. In its own inimitable way, the administration is well on its way to hanging “closed for the season” signs on both improving relations with Iran and on a two-state solution and, sadly, irreversibly damaging American credibility and national interests in the process.

The Man Who Humbled Qassim Suleimani

An interview with Lt. Gen. Gadi Eisenkot, Israel’s chief of staff.

“We struck thousands of targets without claiming responsibility or asking for credit.”

So says Gadi Eisenkot about the Jewish state’s undeclared and unfinished military campaign against Iran and its proxies in Syria and Lebanon. For his final interview as chief of staff of the Israel Defense Forces before he retires next week, the general has decided to claim responsibility and take at least some of the credit.

Eisenkot’s central intellectual contribution in fighting that campaign is the concept of “the campaign between wars” — the idea that continuous, kinetic efforts to degrade the enemy’s capabilities both lengthens the time between wars and improves the chances of winning them when they come. He also believes that Israel needed to focus its efforts on its deadliest enemy, Iran, as opposed to secondary foes such as Hamas in Gaza.

“When you fight for many years against a weak enemy,” he says, “it also weakens you.”

This thinking is what led Eisenkot to become the first Israeli general to take Iran head on, in addition to fighting its proxies in Lebanon and elsewhere. And it’s how he succeeded in humbling, at least for the now, Qassim Suleimani, the wily commander of Iran’s elite Quds Force, which has spearheaded Tehran’s ambitions to make itself a regional hegemon.

.. “We operated under a certain threshold until two-and-a-half years ago,” Eisenkot explains, referring to Israel’s initial policy of mainly striking weapons shipments destined for Hezbollah in Lebanon. “And then we noticed a significant change in Iran’s strategy. Their vision was to have significant influence in Syria by building a force of up to 100,000 Shiite fighters from Pakistan, Afghanistan and Iraq. They built intelligence bases and an air force base within each Syrian air base. And they brought civilians in order to indoctrinate them.”

By 2016, Eisenkot estimates, Suleimani had deployed 3,000 of his men in Syria, along with 8,000 Hezbollah fighters and another 11,000 foreign Shiite troops. The Iranian funds flowing toward the effort amounted to $16 billion over seven years. Israel had long said it would not tolerate an Iranian presence on its border, but at that point Syria had become a place in which other countries’ declaratory red lines seemed easily erased.

In January 2017 Eisenkot obtained the government’s unanimous consent for a change in the rules of the game. Israeli attacks became near-daily events. In 2018 alone, the air force dropped a staggering 2,000 bombs. That May, Suleimani attempted to retaliate by launching “more than 30 rockets toward Israel” (at least 10 more than what has been previously reported). None reached its target. Israeli responded with a furious assault that hit 80 separate Iranian military and Assad regime targets in Syria.

Why did Suleimani — the subtle, determined architect of Iran’s largely successful efforts to entrench itself in Iraq, Yemen, Gaza and Lebanon — miscalculate? Eisenkot suggests a combination of overconfidence, based on Iran’s success in rescuing Assad’s regime from collapse, and underestimation of Israel’s determination to stop him, based on the West’s history of shrinking in the face of Tehran’s provocations.

“His error was choosing a playground where he is relatively weak,” he says. “We have complete intelligence superiority in this area. We enjoy complete aerial superiority. We have strong deterrence and we have the justification to act.”

“The force we faced over the last two years was a determined force,” he adds a little scornfully, “but not very impressive in its capabilities.”

Eisenkot seems to feel similarly about Hezbollah and its longtime leader, Hassan Nasrallah. The group had devised a three-pronged strategy to invade and conquer (even if briefly) at least a part of Israel’s northern Galilee: building factories in Lebanon that could produce precision-guided missiles, excavating attack tunnels under the Israeli border and setting up a second front on the Syrian side of the Golan Heights.

So far, the plan has failed. The factories were publicly exposed and the tunnels destroyed. Israel continues to attack Hezbollah positions on the Golan, most recently last month against an intelligence position in the village of Tel el Qudne (also previously unreported).

“I can say with confidence that as we speak Hezbollah does not possess accurate [missile] capabilities except for small and negligible ones,” he says. “They were hoping to have hundreds of missiles in the mid- and long-range.”

That means Hezbollah is unlikely to soon start another war with Israel. Suleimani has pulled his forces back from the border with Israel and withdrawn some altogether. The resumption of U.S. sanctions has also put a squeeze on Iran’s ability to finance its regional adventures. Israel also thought it had won a reprieve of sorts when John Bolton indicated the U.S. would not quickly withdraw from Syria, thereby obstructing Iran’s efforts to build a land bridge to Damascus, though that reversal seems to have been reversed yet again.

Iran may now turn elsewhere. “As we push them in Syria,” Eisenkot says, “they transfer their efforts to Iraq,” where the U.S. still has thousands of troops. Thanks to Gadi Eisenkot, at least we know the Iranians aren’t invincible.