Pakistan-U.S. Relations

Congressional research reportMay 24, 2012

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Pakistan-U.S. Relations

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Specialist in South Asian Affairs

May 24, 2012

Congressional Research Service

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www.crs.gov

R41832

CRS Report for Congress

Prepared for Members and Committees of Congress

Pakistan-U.S. Relations

Summary

In a security alliance since 2004 and “strategic partners” since 2006, the United States and

Pakistan for decades experienced major shifts in the nature and tone of their relations. In the post9/11 period, assisting in the creation of a more stable, democratic, and prosperous Pakistan

actively combating religious militancy has been among the most important U.S. foreign policy

efforts. Vital U.S. interests are seen to be at stake in its engagement with Pakistan related to

regional and global terrorism; efforts to stabilize neighboring Afghanistan; nuclear weapons

proliferation; links between Pakistan and indigenous American terrorism; Pakistan-India tensions

and conflict; democratization and human rights protection; and economic development. As a

haven for numerous Islamist extremist and terrorist groups, and as the world’s most rapid

proliferator of nuclear weapons, Pakistan presents a combination that places it at the top of many

governments’ international security agendas.

The May 2011 revelation that Al Qaeda founder Osama bin Laden had enjoyed apparently yearslong and relatively comfortable refuge inside Pakistan led to intensive U.S. government scrutiny

of the bilateral relationship, and sparked much congressional questioning of the wisdom of

providing significant U.S. foreign assistance to a government and nation that may not have the

intention and/or capacity to be an effective U.S. partner. Although Obama Administration officials

and most senior congressional leaders spent most of 2011 consistently recognizing Pakistan as a

crucial ally in U.S.-led counterterrorism and counterinsurgency efforts, long-held doubts about

Islamabad’s commitment to core U.S. interests deepened over the course of the year. The

Pakistani military and intelligence services are seen to be too willing to distinguish among

Islamist extremist groups, maintaining links to Afghan insurgent and anti-India militant

organizations operating from Pakistani territory as a means of forwarding Pakistani’s perceived

security interests.

U.S.-Pakistan relations are fluid at present, but running a clearly negative course: still based on

several national interests shared by both countries, yet marked by levels of mutual distrust and

resentment that are likely to catalyze a new set of assumptions for future ties. The tenor of

interactions has been increasingly negative in a slide predating a series of crises in 2011. These

included a CIA operative shooting dead two Pakistanis in Lahore, bin Laden’s killing, suspension

of most bilateral security cooperation, a spike in Haqqani Network attacks in Afghanistan, and an

incident in which two dozen Pakistani soldiers were inadvertently killed by NATO aircraft. The

latter calamity led Pakistan to shut down NATO’s road access to Afghanistan and demand an

apology that has not been forthcoming in intervening months. Access remains closed to date.

Pakistan is among the leading recipients of U.S. aid in the post-9/11 period, having been

appropriated about $24 billion in assistance and military reimbursements since 2001. FY2013

legislation in the 112th Congress would cut U.S. assistance funding significantly from both the

levels requested by the Administration and from those Congress approved for FY2012. Provisions

also would introduce more rigorous restrictions and certification requirements on such aid. With

anti-American sentiments and xenophobic conspiracy theories rife among ordinary Pakistanis,

persistent economic travails and a precarious political setting combine to present serious

challenges to U.S. decision makers. This report will be updated periodically. See also CRS Report

R41856, Pakistan: U.S. Foreign Assistance, and CRS Report R42116, Pakistan: U.S. Foreign Aid

Conditions, Restrictions, and Reporting Requirements, both by (name redacted) and (name re

dacted); and CRS Report RL34248, Pakistan’s Nuclear Weapons: Proliferation and Security

Issues, by (name redacted) and Mary Beth Nikitin.

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Contents

Overview.......................................................................................................................................... 1

Policy Discussion............................................................................................................................. 3

Pre-2012 Setting ........................................................................................................................ 3

Debate Over Future Policy Options........................................................................................... 5

Notable Developments in 2011 ........................................................................................................ 7

High-Profile Political Assassinations ........................................................................................ 7

The Raymond Davis Affair........................................................................................................ 7

Death of Osama bin Laden ........................................................................................................ 8

Attack on Pakistan’s Mehran Naval Station ............................................................................ 10

Torture and Killing of Journalist Syed Saleem Shahzad ......................................................... 11

Partial Suspension of U.S. Security Assistance ....................................................................... 11

“Memogate” and Domestic Civil-Military Tensions ............................................................... 12

Salala Border Incident ............................................................................................................. 13

Notable Developments in 2012...................................................................................................... 14

U.S. Congressional Hearing and Legislation on Baluchistan .................................................. 14

Pakistan’s Parliamentary Review of the Bilateral Relationship .............................................. 14

NATO Summit in Chicago ...................................................................................................... 16

Conviction and Sentencing of Doctor Shakil Afridi ................................................................ 16

Administration Assessments and Bilateral Diplomacy .................................................................. 17

March 2011 Assessment and FY2011 Certification ................................................................ 17

September 2011 Assessment.................................................................................................... 18

April 2012 Pentagon Report to Congress ................................................................................ 19

Recent Bilateral Diplomacy..................................................................................................... 19

Controversy and Furor Over UAV Strikes ..................................................................................... 21

The Inter-Services Intelligence (ISI) Directorate and Bilateral Intelligence Cooperation............. 23

Acute Questions About the ISI’s Role ..................................................................................... 23

Continuing Intelligence Cooperation....................................................................................... 25

Pakistan and the Afghan Insurgency .............................................................................................. 26

Ongoing Turmoil in Pakistan-Afghanistan Relations .............................................................. 27

Afghan Reconciliation and Pakistan’s Role ............................................................................ 28

Haqqani Network Attacks and U.S. Frustrations ..................................................................... 29

A Haqqani Role in Afghan Reconciliation or FTO Designation? ........................................... 31

Pakistan and Improvised Explosive Devices (IEDs) in Afghanistan....................................... 32

U.S./NATO Ground Lines of Communication ........................................................................ 33

Indigenous Islamist Militancy and Pakistani Military Operations................................................. 34

Indigenous Militancy ............................................................................................................... 34

Text Box: Islamist Militant Groups in Pakistan ................................................................ 36

Domestic Military Operations ................................................................................................. 37

FATA Militancy Dynamics and Possible Negotiations ............................................................ 38

New Counterterrorism Pressure on Islamabad ........................................................................ 39

Pakistan, Terrorism, and U.S. Nationals ........................................................................................ 39

Progress in Pakistan-India Relations ............................................................................................. 41

Background and Resumption of the Composite Dialogue ...................................................... 41

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Positive Recent Developments ................................................................................................ 42

Pakistan-China Relations ............................................................................................................... 43

Pakistan-Iran Relations and U.S. Sanctions................................................................................... 45

Nuclear Weapons Proliferation and Security ................................................................................. 45

Deteriorated Economic Circumstances .......................................................................................... 46

Overview and IMF Bailout ...................................................................................................... 46

Current Status and IFI Assessments ........................................................................................ 49

Domestic Political Setting and Instability...................................................................................... 50

Overview ................................................................................................................................. 50

Recent Political Developments................................................................................................ 52

Prime Minister’s Conviction for Contempt of Court ........................................................ 52

The Rise of Imran Khan .................................................................................................... 52

An Islamist Rightwing Resurgence ................................................................................... 53

Human Rights Issues ..................................................................................................................... 53

U.S. Foreign Assistance and Coalition Support Reimbursements ................................................. 54

Figures

Figure 1. Map of Pakistan ................................................................................................................ 9

Figure 2. District Map of Pakistan’s Khyber Pakhtunkhwa (formally North West Frontier)

Province and Federally Administered Tribal Areas .................................................................... 18

Figure 3. Indian and Pakistani Gross National Product at PPP, 1980-2011 ................................... 47

Figure 4. Indian and Pakistani Gross National Product per Capita, 1980-2011 ............................ 47

Figure 5. Current Representation in Pakistan’s National Assembly by Party ................................ 51

Tables

Table 1. Direct Overt U.S. Aid Appropriations and Military Reimbursements to Pakistan,

FY2002-FY2013 ......................................................................................................................... 56

Appendixes

Appendix. Notable Related Provisions in FY2013 Legislation ..................................................... 58

Contacts

Author Contact Information........................................................................................................... 60

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Overview

A stable, democratic, prosperous Pakistan actively combating religious militancy is considered

vital to U.S. interests. Pakistan is at the locus of several top-tier policy areas of urgent concern,

including regional and global terrorism; efforts to stabilize neighboring Afghanistan; nuclear

weapons proliferation; the Kashmir problem and Pakistan-India tensions; democratization and

human rights protection; and economic development. Today Pakistan is identified as a haven for

numerous Islamist extremist and terrorist groups, and is the world’s most rapid proliferator of

nuclear weapons, a combination that places it at the top of the international security agenda.

Pakistan has been praised by U.S. leaders for its post-2001 cooperation with U.S.-led

counterterrorism and counterinsurgency efforts, although long-held doubts about Islamabad’s

commitment to some core U.S. interests deepened dramatically in 2011 and may be altering the

nature of the relationship in 2012. A mixed record on battling Islamist extremism includes

ongoing apparent tolerance of Afghan insurgents and anti-India militants operating from its

territory. Pakistan’s troubled economic conditions and precarious political setting combine with

perilous security circumstances and a history of difficult relations with neighbors to present

serious challenges to U.S. decision makers.

The Pakistani people have paid a heavy price as Islamist radicalism has spread in the country and

as its border region near Afghanistan has become a haven for local insurgents, as well as Arab and

Uzbek jihadists. Islamabad claims that the “war on extremism” has cost the country more than

37,000 civilian lives, nearly 6,300 security forces, and $78 billion in financial losses.1 The U.S.

National Counterterrorism Center reports there was an average of more than 26 terrorist attacks

each week in Pakistan in 2011; only Afghanistan and Iraq suffered a higher number of incidents.2

Pakistani officials regularly seek to remind the American audience of the country’s sacrifices.3

May 2011 revelations that Al Qaeda founder Osama bin Laden (OBL) had found apparently

years-long refuge inside Pakistan marked a new era of intensive U.S. government scrutiny of a

now tense and even adversarial relationship. In September that year, the then-top U.S. military

officer, Admiral Mike Mullen, issued unprecedentedly strong and public accusations that Pakistan

was providing support to Afghan insurgents who attack U.S. interests. Given Mullen’s strenuous

efforts to develop a close working relationship with his Pakistan counterpart, General Ashfaq

Pervez Kayani, the pronouncement was taken as a supreme expression of U.S. frustration.

To bookend 2011’s bilateral turbulence of historic scale, in late November NATO troops in

Afghanistan came under fire from two Pakistani army outposts just across the shared border at

Salala. Retaliatory airstrikes left 24 Pakistani soldiers dead. A Pentagon investigation determined

poor coordination and miscommunication were to blame, and that NATO troops had responded

appropriately. Pakistan’s government and people alike have expressed fury at what some suspect

was an intentional strike. Following the incident, Pakistani officials moved to scrap and

renegotiate all existing bilateral agreements with the United States related to supply lines into

1

Sherry Rehman, “Pakistan and the U.S.: A New Beginning?” (op-ed), Chicago Tribune, May 20, 2012.

See the National Counterterrorism Center database at http://www.nctc.gov/wits/witsnextgen.html.

3

Some analysts view Pakistan’s “narrative of victimhood” as being at least partly disingenuous, given the distinctions

its government seems to make between terrorists who attack Pakistan and all others (see, for example, Sadanand

Dhume, “Pakistan: Victim of Terrorism?” (op-ed), Wall Street Journal, May 18, 2011).

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Afghanistan and any covert American activities inside (or over) Pakistani territory, primarily

those generated early in the 2000s by the governments of President George W. Bush and

President-General Pervez Musharraf. Islamabad has continuously demanded a full apology from

Washington as requisite for restored cooperation.

Yet of the several ways Islamabad’s anger was expressed, the most contentious has been its

closure of the Pakistani ground lines of communication (GLOCs) that allow NATO supplies to

transit into Afghanistan. Despite much anticipation of an imminent deal to reopen them, the

GLOCs remain closed to date and the issue was blamed for overshadowing a May 2012 NATO

summit in Chicago. Media reports have the Pakistani negotiators seeking as much as $5,000 per

truck, or what would be a 20-30-fold increase over last year—and senior U.S. officials refusing to

entertain such a fee hike while railing at perceived “extortion” and “price gouging.”4

Only days after the failure to strike a deal on the GLOCs in Chicago, a Pakistani doctor who

reportedly had participated in a CIA operation to identify bin Laden family DNA received a 33year prison sentence for treason, perplexing an American audience and angering many, including

senior Members of Congress. The Senate Appropriations Committee responded within hours by

attaching a unanimously approved provision to dock $1 million from U.S. aid funding in the

FY2013 State and Foreign Operations appropriation for each year of the sentence unless the

doctor is freed. The Administration has stated that it saw no reason for the conviction.

In many practical respects, the cooperative aspects of bilateral relations have remained frozen in

2012, even before this most mutual exasperation in May. The two governments—and, at a lower

level, the diplomatic and security agencies within them—seem at loggerheads after a grueling

series of crises. Anti-American sentiments and xenophobic conspiracy theories remain rife among

ordinary Pakistanis; opinion surveys find that the United States has of late replaced India as the

nation least favored by Pakistanis (a significant development, given the visceral, decades-old

Pakistan-India rivalry). Meanwhile, Americans tend to have increasingly poor views of Pakistan.5

The State Department warns Americans on the high risks of travel in Pakistan, and its own

diplomats face travel restrictions there. American civilians have been abducted in Pakistan over

the past decade. One, Daniel Pearl, was executed.6

Islamist extremism and militancy in Pakistan is a central U.S. foreign policy concern. Its arguably

growing influence hinders progress toward key U.S. goals, including the defeat of Al Qaeda and

other anti-U.S. terrorist groups, Afghan stabilization, and resolution of the historic Pakistan-India

4

“Levin and McCain: Don’t Pay Pakistan Exorbitant Trucking Fees,” Foreign Policy Cable (online), May 22, 2012.

A May 2011 survey found only 2% of the American sample identifying Pakistan as a U.S. “ally.” Another 11% called

Pakistan “friendly,” while 38% called it “unfriendly” and fully 23% identified Pakistan as “an enemy of the United

States.” A February 2012 Gallup survey similarly found only 15% of Americans holding a favorable attitude toward

Pakistan (as compared with 75% for India), down three points from the same period in 2011 (see

http://today.yougov.com/news/2011/05/23/2-call-pakistan-ally-us; Gallup results at http://www.gallup.com/poll/

152735/americans-give-record-high-ratings-several-allies.aspx.

6

See the February 2012 Travel Warning at http://travel.state.gov/travel/cis_pa_tw/tw/tw_5661.html. The August 2011

kidnaping of Warren Weinstein, a 70-year-old American development expert, from his Lahore home alarmed

observers, especially because Weinstein had lived in Pakistan for seven years and appeared to have been an active

friend of Pakistani economic growth. Five months later, Weinstein was reported to be in the custody of Al Qaeda-allied

Lashkar-e-Jhangvi militants in North Waziristan and has since appeared in a video in which he pleads for his life and

conveys his captors’ demands that the U.S. government free convicted terrorists imprisoned in the United States. The

White House has condemned the kidnaping but rules out any negotiations with Al Qaeda (“Warren Weinstein,

Maryland Man Kidnapped in Pakistan, Pleads for His Life in Video,” Washington Post, May 7, 2012).

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rivalry that threatens the entire region’s stability and that has a nuclear dimension. Long-standing

worries that American citizens have been recruited and employed in Islamist terrorism by

Pakistan-based elements have become more acute. Several most-wanted enemies of the United

States are widely believed to reside in Pakistan, among them Al Qaeda chief Ayman al-Zawahiri,

Taliban chief Mullah Omar, and Haqqani Network leader Sirajuddin Haqqani. Some American

intelligence officials reportedly suspect that Zawahiri may be receiving protection from elements

of the Pakistani government.7

Over the past year, increasing numbers in Congress have more forcefully questioned the

effectiveness of current U.S. policy and the wisdom of large-scale U.S. aid. Some openly call for

the curtailment of all U.S. foreign assistance to Pakistan, and legislation significantly

undercutting the Administration’s FY2013 aid request, as well as placing new conditionality on

both aid and military reimbursements, is moving through Congress in May 2012 (see Appendix).

Congress appropriated about $2 billion in direct aid for Pakistan in FY2012, placing it among the

world’s leading recipients of U.S. foreign assistance (see Table 1). Pakistan’s Ambassador to the

United States has told U.S. lawmakers that “onerous” restrictions being placed on U.S. aid will be

counterproductive to the goal of restoring cooperation and trust.8

It seems clear that the closure of Pakistani GLOCs to Afghanistan has not been the logistical

catastrophe that many pundits in both the United States and Pakistan had expected. In this

respect, by keeping the routes closed, Islamabad has “played its trump card” in relations with

Washington and not realized the hoped-for gains. Pakistan now risks finding itself increasingly

isolated diplomatically, and working positively with the United States and NATO may be the only

way to change this course. By bowing to domestic political pressures, the civilian government’s

negotiating strategy could see the country lose billions of dollars in foreign assistance, as well as

its ability to influence post-war Afghanistan.9

Policy Discussion

Pre-2012 Setting

In his June 2011 announcement of a U.S. military drawdown from Afghanistan in 2014, President

Obama said the United States “will continue to press Pakistan to expand its participation in

securing a more peaceful future for this war-torn region” and “will insist that it keep its

commitments” to neutralize terrorist safe havens in its territory. In August, Secretary of Defense

Leon Panetta openly acknowledged the complicating factors of Pakistan’s ties to anti-Afghan and

anti-India terrorist groups, but still insisted that the United States “has no choice but to maintain a

relationship with Pakistan.”10 Until the potential bilateral breakdown in 2012, many, if not most,

independent observers concurred that continued engagement with Pakistan is the only realistic

7

“America’s Next Most Wanted,” Newsweek, May 7, 2012.

“Sherry Says Strict Congressional Curbs Won’t Help US-Pak Ties,” Nation (Lahore), May 20, 2012.

9

Najam Sethi, “Terms of Reengagement” (editorial), Friday Times (Lahore), May 18, 2012; “Pakistanis Fear Being

Left Too Isolated,” Los Angeles Times, May 22, 2012.

10

White House transcript at http://www.whitehouse.gov/the-press-office/2011/06/22/remarks-president-way-forwardafghanistan; “We Must Keep Pakistan Ties: Panetta,” Agence France Presse, August 16, 2011.

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option for the United States, although some high-visibility analysts counsel taking an increasingly

confrontational posture toward Islamabad.

As part of the Administration’s strategy for stabilizing Afghanistan, its Pakistan policy has

included a tripling of nonmilitary aid to improve the lives of the Pakistani people, as well as the

conditioning of U.S. military aid to Islamabad on that government’s progress in combating

militancy and in further fostering democratic institutions. However, in July 2011, the

Administration suspended up to $800 million in planned security assistance to Pakistan and

appears to be more rigorously evaluating Pakistan’s cooperation and progress before releasing

further aid. At least $1 billion in approved “coalition support fund” (CSF) reimbursements to

Pakistan also remains undisbursed due to bilateral disagreements and acrimony.

Developments in 2011 have seemed to validate a preexisting view of many observers that

Pakistani behavior is unlikely to change given the long-held geostrategic perspectives of decision

makers in Islamabad and Rawalpindi, home of the Pakistan Army’s GHQ. If true, this means

Pakistan will continue to tolerate safe havens for “friendly” militant groups regardless of U.S. aid

levels or overt threats.11 By many accounts, Pakistan’s apparently schizophrenic foreign policy

behavior is a direct outcome of the Pakistan military’s perceived strategic interests. This leads

analysts to encourage full-throated U.S. support for Pakistan’s civilian authorities as the only

viable means of reducing conflict both inside Pakistan and between Pakistan and its neighbors.

The current U.S. Ambassador to Pakistan, Cameron Munter, is among those who has insisted that

Pakistan requires a strong civilian government and that common U.S.-Pakistan successes can be

achieved only “with a strong partner in Pakistan’s democratically elected government.”12

Still, now four years after their seating, there are few signs that Pakistan’s civilian leaders are

willing and able to seriously address the outcomes of their country’s security policies and move

them in the direction of moderation. Even in domestic discussions these leaders continue to shirk

responsibility for increased rates of extremism there, and to place the bulk of blame on the United

States. This perspective—apparently widespread among the Pakistani public, as well—arguably

omits enthusiastic official Pakistani participation in supporting Islamist militancy in the region

(including the provision of vital support to Afghanistan’s Taliban regime throughout most of the

1990s). By nearly all accounts, this support continues, albeit selectively, to date.

President Obama has not visited Pakistan while in office, and his decision to travel to India in

2010 without any stops in Pakistan exacerbated anxiety among Pakistani officials who see signs

of a “pro-India” tilt in Washington as destabilizing for the region. By refraining from engagement

in the Kashmir dispute, moving forward with U.S.-India civil nuclear cooperation without any

similar offer to Pakistan, and seeming to sympathize with New Delhi’s perspective on the root

sources of regional terrorism, the Administration’s India policies are viewed suspiciously and

even as threatening by Pakistani leaders and citizens, alike. Moreover, Afghanistan’s October

2011 choice to establish closer and more overt ties with India, Pakistan’s primary rival, and the

ensuing May 2012 U.S.-Afghanistan tie-up, is grist for those figures—most especially within

Pakistan’s security institutions—who argue that Pakistan increasingly is under threat of strategic

encirclement by external forces that seek to weaken and perhaps dismember the country.

11

Timothy Hoyt, “Pakistan, an Ally by Any Other Name,” Proceedings, July 2011; “Pakistan Unlikely to Help the US

in War,” Associated Press, September 23, 2011.

12

“Sen. John Kerry Holds a Hearing on the Nomination of Cameron Munter to be Ambassador to Pakistan,” CQ

Transcriptions, September 23, 2010.

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Debate Over Future Policy Options

The tumultuous events of 2011, peaking as they did with the Salala incident and resulting

Pakistani fury, may combine to mark the end of the “post-9/11 period” of bilateral relations. For

2012 and beyond, many analysts foresee a far more narrow, issue-based engagement—often

referred to as “transactional ties”—and a setting aside of the kind of broad strategic partnership

envisioned by the late Amb. Richard Holbrooke, President Obama’s original Special

Representative for Afghanistan and Pakistan. In the January 2012 words of Pakistan’s top military

spokesman, “From here on in we want a very formal, business-like relationship. The lines will be

drawn. There will be no more of the free run of the past, no more interpretation of rules. We want

it very formal with agreed-upon limits.”13 Movement of FY2013 congressional legislation

suggests such limits will include new restrictions on U.S. foreign assistance to Pakistan.

Many analysts appear to foresee a “transactional” relationship as the best realistic alternative to a

potential slide into noncooperation on both sides. A more focused, issues-based engagement

might better address and serve the interests of both governments, in part by bringing greater

transparency and credibility to the alliance.

Ambassador Sherry Rehman, Pakistan’s latest envoy to the United States, was appointed in late

November 2011.14 In an opinion piece published just before the Chicago summit opened, Amb.

Rehman set forth Islamabad’s prerequisites for “resetting” the bilateral relationship to include (1)

apologizing for the Salala incident; (2) releasing suspended CSF reimbursements; (3) increasing

counterterrorism intelligence sharing; (4) halting drone strikes; and (5) shifting to a policy of

“trade not aid” by enhancing Pakistan’s access to U.S. markets.15

Two former U.S. diplomats—agreeing that the outlook is poor for any “strategic bond” as sought

over the past decade—counsel the forging of a more normal, but constructive relationship by

reducing mutual expectations; reducing, but better targeting, U.S. economic aid programs;

fostering more substantive business ties between the two countries; and offering more energetic,

if discreet, U.S. support for initiatives that could promote regional stability, including those

between Pakistan and India, and perhaps even to include dropping U.S. opposition to the IranPakistan gas pipeline project.16

Another South Asia expert and former advisor to Amb. Holbrooke finds reason for optimism in

the more humble domestic status of the Pakistani military (and the corresponding benefits this

entails for democratization), and improvements in Pakistan-India relations. He urges the Obama

Administration to take account of these factors and not overemphasize a purely security-oriented

13

Maj. Gen. Athar Abbas quoted in “Pakistan, US Assume Less Cooperation in Future,” Associated Press, January 2,

2012.

14

Rehman was appointed in late November 2011 after the essentially forced resignation of Husain Haqqani. Rehman, a

prominent former journalist and human rights advocate, was close to Benazir Bhutto and is among the government’s

few vocal proponents of moderation. As a parliamentarian, she authored key legislation such as the Women’s

Empowerment Bill, the Anti-Honor Killings Bill, the Domestic Violence Prevention Bill, and the Hudood Repeal Bill.

She was also at the forefront of (thus far failed) efforts to reform the country’s controversial blasphemy laws.

15

Sherry Rehman, “Pakistan and the U.S.: A New Beginning?” (op-ed), Chicago Tribune, May 20, 2012.

16

Teresita and Howard Schaffer, “Resetting the U.S.-Pakistan Relationship,” Foreign Policy (online), March 19, 2012.

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approach that could risk derailing such positive trends by eliciting even stronger anti-American

nationalism among the Pakistani people and thus restoring credibility to the military.17

In the view of many U.S. analysts, Pakistan’s May 2012 intransigence on the issues of GLOCs

and insistence on an apology for Salala may prove costly and represent a missed opportunity to

work cooperatively with the United States in the region. One commentator who argues this urges

the U.S. government to stay firm in pressuring Islamabad on counterterrorism, especially with

Pakistan’s leverage reduced. Another sees Pakistan’s unrelenting stance being “a catastrophic

mistake” and “a triumph of short-term thinking over long-term, of scheming over strategy.”18

Even before the post-Salala breakdown of relations, some high-profile analysts were calling for a

new U.S. policy to shift to a more adversarial posture toward Pakistan on the assumption that

President Obama’s (and President George W. Bush’s) engagement policies have failed. One

senior commentator suggests “focused hostility” toward Pakistan that would hold its military and

intelligence services accountable while not harming the Pakistani people more generally. This

could entail targeting individuals for sanction, as well as sharply cutting military aid. Another

goes further, contending that Pakistan should be considered an enemy of the United States, at

least as far as Afghanistan policy is concerned, the logic being that open admission of core

disagreement on this issue would benefit both countries. A third argues that only credible threats

to end all assistance to Islamabad and “retaliate” if Pakistan fails to comply with U.S. demands

will convince Pakistani leaders that genuine cooperation is in their best interests.19

Another former Holbrooke advisor is among those who reject any such U.S. shift to a more

adversarial approach as counterproductive and likely to put the entire U.S.-led project in

Afghanistan at risk of failure. A Washington-based Pakistani analyst likewise views a “two

Pakistans” approach as unworkable and misguided, contending that U.S. policies aimed at

exploiting an internal Pakistani disconnect would likely strengthen that country’s conservative

Islamist elements and further fuel anti-American sentiments. Instead, this observer asserts that a

more “passive” U.S. approach rooted in the provision to Islamabad of security assurances and

targeted efforts to bolster Pakistan’s civilian governance institutions would be most prudent.20

It remains to be seen whether the Pakistani military’s willingness to abide the current, largely

economic rapprochement with India is a tactical choice to ease security and international

diplomatic pressure on Pakistan, or if it represents a more strategic shift in Rawalpindi’s

perspective. Even if Pakistan is well positioned to enjoy the tactical “victory” that (it believes)

would come through realization of a pliable, heavily Pashtun-influenced post-NATO government

in Kabul, the country’s geostrategic status could well suffer from the international isolation that

might ensue. Many commentators offer that a rapidly changing South and Central Asian calculus

should propel the Pakistani state to favor energy and trade cooperation with its neighbors over its

traditional focus on conflict with India, “strategic depth” in Afghanistan, and the status of

Kashmir. In this way, Pakistan might transcend the perpetual insecurity that has marked most of

17

Vali Nasr, “Pakistan Spring Emerging From Winter of Discontent” (op-ed), Bloomberg News, April 15, 2012.

Lisa Curtis, “Pakistan Missed Opportunity to Repair Ties With U.S.,” Heritage Foundation Issue Brief #3613, May

22, 2012; David Ignatius, “Pakistan’s Blown Chance” (op-ed), Washington Post, May 17, 2012.

19

Bruce Riedel, “A New Pakistan Policy: Containment” (op-ed), New York Times, October 15, 2011; Anatol Lieven,

“With A Friend Like This” (op-ed), New York Times, November 1, 2011; Stephen Krasner, “Talking Tough to

Pakistan,” Foreign Affairs (online), November 29, 2011.

20

Alexander Evans, “Tough Talk is Cheap,” Foreign Affairs, May/June 2012; Moeed Yusuf, “Fixing Pakistan’s CivilMilitary Imbalance: A Dangerous Temptation,” U.S. Institute of Peace Peace Brief 125, May 3, 2012.

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its existence.21 The worldview of Pakistan’s security services and, to some extent, domestic

public are hindrances to a more robust pursuit of such policies by the country’s civilian leaders.

Notable Developments in 2011

High-Profile Political Assassinations

On January 4, 2011, Salman Taseer, the governor of Punjab province, was assassinated by a

member of his own security team. A senior figure in the national coalition-leading Pakistan

People’s Party (PPP), Taseer was among the country’s most liberal politicians, and he had

incurred the wrath of Islamists and other conservatives with vocal criticisms of the country’s

controversial blasphemy laws. His killer, Malik Mumtaz Qadri, was since lauded as a hero by

significant sections of Pakistani society, and even leaders of the country’s majority Barelvi

Muslim sect, usually considered to hold moderate interpretations of Islam, were vocal supporters

of the assassin. Taseer’s assassination, strongly condemned by Secretary of State Hillary Clinton,

was a major blow to liberal forces in Pakistan.

Meanwhile, on March 2, 2011, gunmen ambushed the car of Minorities Minister Shabaz Bhatti—

the federal cabinet’s only Christian member—and shot him to death. Bhatti had long campaigned

for tolerance toward Pakistan’s religious minorities and had, like Governor Taseer, openly called

for reform of the blasphemy laws. Secretary Clinton expressed being “shocked and outraged” by

Bhatti’s killing, calling it “an attack on the values of tolerance and respect for people of all faiths

and backgrounds championed by Mohammed Ali Jinnah, Pakistan’s founding father.”22 Prime

Minister Yousef Raza Gilani was the only senior government official to attend Bhatti’s funeral.

President Zardari addressed the two assassinations with an English-language op-ed in which he

contended that, “A small but increasingly belligerent minority is intent on undoing the very

principles of tolerance upon which [Pakistan] was founded.”23 Despite such claims, the Taseer

and Bhatti assassinations and subsequent events were widely seen as evidence that Islamist

radicalism is increasing in Pakistan.24

The Raymond Davis Affair

On January 27, 2011, Raymond Davis, an American working at the U.S. Consulate in Lahore,

shot and killed two men who approached his vehicle in urban traffic. Davis contends he acted in

self-defense when the men tried to rob him at gunpoint. However, Pakistani authorities accused

Davis of murder and a court barred the government from releasing him despite insistence from

top U.S. officials that diplomatic immunity shielded him from prosecution. President Obama

21

A representative example of this argument is Sunil Datta, “Pakistan Stands Isolated in South Asia” (op-ed), Daily

Times (Lahore), April 21, 2012.

22

See the U.S. Embassy’s March 2, 2011, release at http://islamabad.usembassy.gov/pr-11030205.html.

23

Asif Ali Zardari, “In Pakistan, Standing Up to Extremists” (op-ed), Washington Post, March 6, 2011.

24

In a sign that the Pakistani public largely supports “Islamization” more generally, a May 2011 poll found fully twothirds of respondents answering “yes” to the question, “Should the government take steps to ‘Islamize’ society?”

Nearly 30% thought the government should take steps toward Islamization “all at once” (see

http://www.gallup.com.pk/pollsshow.php?id=2011-05-31).

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described Davis as being “our diplomat.”25 Only more than three weeks after the incident did the

U.S. government admit that Davis was in fact a CIA contractor and member of a covert team that

was tracking militant groups inside Pakistan.

The controversy around Davis’s legal status led some in Congress to openly suggest that U.S.

assistance to Pakistan might be reduced or curtailed if the case was not resolved in a satisfactory

manner.26 In mid-February, Senate Foreign Relations Committee Chairman Senator Kerry

traveled to Islamabad in an effort to reduce escalating tensions, taking the opportunity to express

the “deepest sorrow” felt by top U.S. leaders at the loss of life.27

In late February, the CIA opened direct negotiations with the ISI in an effort to secure Davis’s

release. On March 16, 2011, after weeks of closed-door negotiations, political pressure by

Pakistani officials on the courts, and, finally, a pledge of $2.3 million in diyat, or “blood money,”

for the victims’ families, Davis was freed and flown out of the country.28 Top U.S. officials denied

there had been any quid pro quo arrangement related to Davis’s release or that the United States

had provided the financial compensation.

Death of Osama bin Laden29

On May 2, 2011, Al Qaeda founder Osama bin Laden was located and killed in the mid-sized

Pakistani city of Abbottabad, a military cantonment in the northwest Khyber Pakhtunkhwa

province, in a compound one-half mile from the country’s premier military academy and just 35

miles north of the capital of Islamabad (see Figure 1). The location and circumstances of OBL’s

death exacerbated Washington’s long-held doubts about Pakistan’s commitment to the ostensibly

shared goals of defeating religious extremism, and brought calls to curtail U.S. assistance to

Pakistan. The news of OBL’s whereabouts led to immediate questioning of Pakistan’s role and

potential complicity in his refuge. President Obama’s chief counterterrorism advisor, John

Brennan, told reporters it was “inconceivable that Osama bin Laden did not have a support

system” in Pakistan.30

For a wide array of observers, the outcome of the years-long hunt for OBL left only two realistic

conclusions: either Pakistani officials were at some level complicit in hiding the fugitive, or the

country’s military and intelligence services were grossly incompetent in their search for top Al

Qaeda leaders. In either case, after many years of claims by senior Pakistani officials—both

civilian and military—that most-wanted extremist figures were finding no refuge in their country,

Pakistan’s credibility suffered a serious blow.31

25

“Press Conference by the President,” White House transcript, February 15, 2011.

H.Res. 145 called for a “freeze” on all monetary assistance to Pakistan until such time Davis was released (the

resolution did not emerge from committee).

27

See the U.S. Embassy’s February 16, 2011, release at http://islamabad.usembassy.gov/pr-110216004.html.

28

Diyat is a tenet of Islamic law sanctioned by Pakistani jurisprudence and reportedly used in at least half of homicide

cases there (“‘Blood Money’ Tradition Might Help Resolve U.S.-Pakistani Row,” Los Angeles Times, March 13, 2011).

29

For broader discussion, see CRS Report R41809, Osama bin Laden’s Death: Implications and Considerations,

coordinated by John Rollins.

30

Quoted in “Osama Bin Laden Killed in U.S. Raid, Buried at Sea,” Washington Post, May 2, 2011.

31

A listing of some of the oftentimes categorical, high-profile Pakistani denials about OBL specifically are in “Osama

bin Who?,” Foreign Policy (online), May 2, 2011.

26

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Figure 1. Map of Pakistan

Source: Map Resources. Adapted by CRS.

Pakistan’s military and intelligence services came under rare domestic criticism for being unable

to detect and intercept a foreign military raid deep inside Pakistani territory, and for ostensible

incompetence in detecting the presence there of the world’s most-wanted terrorist. Army Chief

Gen. Kayani warned that Pakistan would not tolerate any future incursions. Parliament

subsequently issued a strong condemnation of the U.S. raid and again called for a halt to U.S.launched drone strikes in western Pakistan. It also threatened to close land lines of

communication through Pakistan that were considered vital to supplying NATO troops in

Afghanistan. Meanwhile, public demonstrations took a bellicose, anti-American cast.32

32

A May 2011 Gallup survey found that more than eight in ten Pakistanis who were aware of the U.S. operation

(continued...)

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The developments fueled bilateral distrust and acrimony unseen in the post-2001 period.

Congress pointedly questioned the wisdom of continued engagement with a national government

that may at some levels have had knowledge of OBL’s whereabouts; figures from both major

parties expressed disbelief at Pakistan’s allegations of ignorance and called for greater oversight

and accountability for future U.S. assistance to Pakistan. Still, senior Members tended to take a

more measured view, with the House Speaker voicing the opinion that circumstances called for

“more engagement [with Pakistan], not less.”33 Such sentiments tracked well with the view of

many independent observers that—despite ample reasons for discouragement and distrust—the

United States has had no choice but to continue to engage Pakistan in “a bad marriage.”

President Obama and other top U.S. officials maintained a generally positive posture toward

Pakistan in the weeks following the Abbottabad raid, while also noting that serious questions had

arisen over the circumstances of OBL’s refuge. The U.S. government reportedly has no

conclusive evidence indicating that official Pakistan was aware of bin Laden’s whereabouts.

Privately, senior Administration officials reportedly became divided over the future of the

bilateral relationship, with some at an apparent loss for patience and advocating strong reprisals

for perceived Pakistani intransigence.

Attack on Pakistan’s Mehran Naval Station

On May 22, 2011, a team of heavily armed militants penetrated security barriers and stormed

Pakistan’s premier naval base, the Mehran Naval Station near Karachi. Ten security personnel and

four militants were killed in the ensuing 16-hour-long gun battle; two other militants are believed

to have escaped before Pakistani commandos regained control of the base. The militants were

able to destroy two U.S.-supplied P-3C Orion maritime patrol aircraft in their hangar.

The attack, which the Pakistani Taliban claimed was revenge for the killing of bin Laden, was the

second major embarrassment of the month for the beleaguered Pakistani military, which seemed

at a loss to explain how such a damaging breach could occur. The ability of a handful of attackers

to wreak such havoc left the security services open to scathing criticism from the generally promilitary Pakistani media, and also brought into question the safety and security of Pakistan’s

nuclear weapons and materials.34 Suspicions quickly arose that the base’s attackers had inside

help, given especially their ability to carefully avoid detection and take effective cover once

inside. Within days a former navy commando was arrested in connection with the case. Three

navy officers, the base commander among them, are to be court-martialed on charges of

negligence in connection with the attack, an unusual disciplinary action for the Pakistani military

demonstrating the seriousness of the breach.35

(...continued)

disapproved of it; only 13% approved. A majority opined that OBL should have been captured alive. The unaffiliated

Gallup Pakistan found 51% of Pakistanis saying they were “sad” about OBL’s death (Gallup data at

http://www.gallup.com/poll/147611/pakistanis-criticize-action-killed-osama-bin-laden.aspx; Gallup Pakistan data at

http://www.gallup.com.pk/Polls/16-05-11.pdf).

33

Quoted in “Boehner: US Should Not Back Away From Pakistan,” Associated Press, May 3, 2011.

34

“Pakistan Military Faces New Questions After Raid,” New York Times, May 24, 2011; “Pakistan Media Ridicules

Military After Attack,” Reuters, May 24, 2011. The growth of Pakistan’s nuclear arsenal and infrastructure only

increases the potential threat posed by determined militants (see Shaun Gregory, “Terrorist Tactics in Pakistan Threaten

Nuclear Weapons Safety,” CTC Sentinel, June 2011).

35

“Three Pakistani Naval Officers to Be Court Martialed Over Base Attack,” New York Times, August 4, 2011.

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Torture and Killing of Journalist Syed Saleem Shahzad

Inter-Services Intelligence (ISI), Pakistan’s main intelligence agency, is accused of ordering the

torture and murder of investigative journalist Syed Saleem Shahzad, who disappeared in May

2011 just after penning an article suggesting that the Mehran attack was carried out because the

Pakistan Navy was trying to crack down on Al Qaeda cells that had infiltrated the service.

Shahzad, whose writing had riled the Pakistani establishment repeatedly in the past, reportedly

had received numerous threats from the ISI. In a rare public statement, the ISI denied playing any

role in Shahzad’s fate. A closed government inquiry into the death began in June; unnamed U.S.

officials later said there was sufficient classified intelligence to conclude that senior ISI officials

had directed the brutal attack on Shahzad in an effort to silence critics. Soon after, then-Joint

Chiefs Chairman Admiral Mike Mullen went on record with the claim that Shahzad’s killing “was

sanctioned by the [Pakistani] government.”36

In January 2012, an official Commission of Inquiry reported to the Pakistani government that it

was unable to identify the culprits behind Shahzad’s murder while also recommending that the

country’s intelligence agencies “be made more law-abiding through a statutory framework

carefully outlining their respective mandates and roles” and that they be made “more accountable

through effective and suitably tailored mechanisms of internal administrative review,

Parliamentary oversight, and judicial redressal of citizens’ grievances against them.”37

Partial Suspension of U.S. Security Assistance

In July 2011, the Obama Administration made some significant changes in its security-related aid

policy toward Pakistan. According to congressional and State Department sources, $440-$500

million worth of scheduled counterinsurgency (COIN) training and equipment for Pakistan was

put under suspension due to the recently reduced U.S. military trainer presence there, along with

obstacles to fulfilling other agreements between the two countries. In addition, Islamabad’s delays

in processing U.S. visa requests led to the suspension of $300 million in planned FY2011

Coalition Support Fund reimbursements. Although the Administration presented the move as

being necessitated by technical factors, observers saw it as a message and warning to Islamabad

that key assistance spigots could close in the absence of improved cooperation.

A Pakistani military spokesman dismissed the development as having no effect on his

organization’s ability to conduct future combat operations, and he repeated the Army Chief’s

suggestion that more U.S. security assistance be reprogrammed toward development projects in

Pakistan.38 In the view of some observers, the Administration’s decision was more likely to elicit

greater resentment than greater cooperation from Pakistani leaders, and could be taken as

validation by ordinary Pakistanis who see the United States as a fickle and unreliable ally.39

36

“U.S. Admiral Ties Pakistan to Killing of Journalist,” New York Times, July 8, 2011.

“Report of the Commission of Inquiry Concerning the Gruesome Incident of the Abduction and Murder of Syed

Saleem Shahzad,” January 10, 2012, at http://app.com.pk/en_/images/pdf/report.pdf. A Human Rights Watch response

accused the Commission of failing to interview key military intelligence officials in the course of its investigation, and

of appearing “fearful of confronting the ISI” over the issue. The Pakistan military in turn reiterated a firm denial of ISI

involvement and accused HRW of “choking under heaps of bias (Human Rights Watch, “Pakistan: Shahzad

Commission Results Marred By Free Ride for ISI,” January 30, 2012; ISPR release, February 16, 2012).

38

“Pakistan Says It Doesn’t Need US Military Aid,” Christian Science Monitor, July 11, 2011.

39

“In Pakistan, Many Say Aid ‘Snub’ Dims US Sway,” Associated Press, July 11, 2011.

37

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“Memogate” and Domestic Civil-Military Tensions

In October 2011, Pakistani-American businessman Mansoor Ijaz penned a high-visibility op-ed

piece that made passing reference to a memorandum allegedly “dictated” to him in May 2011—

only days after bin Laden’s death—by then-Pakistani Ambassador to the United States, Husain

Haqqani.40 The unsigned memo was meant for the eyes of J.C.S. Chief Adm. Mullen, and it

bluntly requested U.S. assistance in averting an allegedly imminent military coup, as well as U.S.

support for Islamabad’s civilian government to install friendly new leaders for the country’s

military and intelligence services, leaders who would fully cooperate with U.S. counterterrorism

efforts. Once uncovered, the Pakistani Supreme Court, with the military’s prodding, launched an

investigation to reveal the actual author and purpose of the document, and the resulting

“Memogate” scandal cost Haqqani his job and brought immense pressure on President Asif

Zardari.41 Both Zardari and Haqqani deny any involvement in the memo’s authorship.

Ijaz was shown to be a less-than-credible witness and, while it is still incomplete, the

investigation largely fizzled out when testimony did not appear to find evidence of wrongdoing

by the civilians.42 Amb. Haqqani was subsequently allowed to leave Pakistan. Yet the civilmilitary clash brought substantive concerns that President Zardari might face overthrow by the

military. In mid-December, Pakistan’s senior-most army and intelligence officers submitted to the

Supreme Court statements that the memo was genuine and represented evidence of a conspiracy

against the army. Prime Minister Gilani responded with an open warning that “conspiracies are

being hatched to pack up the elected government” and said that the military “cannot be a state

within a state” and is “answerable to parliament.”43

Rumors of an impending military coup were so ubiquitous in December that the army publically

pledged to continue supporting democracy; Gen. Kayani was quoted as saying all such rumors

were “speculation.” Still, during the final week of 2011, the civilian government remained

infuriated that both the army and intelligence chiefs had circumvented them in engaging the

court. Prime Minister Gilani again called the move unconstitutional and illegal, a claim denied by

the equally infuriated military.44

Despite widespread alarm about the status of Pakistan’s democratic government, the Pakistani

public appears increasingly averse to another round of direct military rule and, unlike in the past,

opposition politicians are not seeking the military’s help. Add to this an assertive judiciary and a

vocal watchdog media, and the odds of Pakistan seeing a military coup in the foreseeable future

40

Mansoor Ijaz, “Time to Take On Pakistan’s Jihadist Spies” (op-ed), Financial Times (London), October 10, 2011;

“Pakistani Businessman Says ‘Coup’ Memo Was Dictated,” Reuters, November 18, 2011. The document itself is at

http://www.foreignpolicy.com/files/fp_uploaded_documents/111117_Ijaz%20memo%20Foreign%20Policy.PDF.

41

Amb. Haqqani was for a period prohibited from leaving Pakistan. The alleged “ongoing harassment and

mistreatment” he suffered was decried by at least three U.S. Senators, who called on Islamabad authorities to resolve

the matter in ways consistent with civilian rule of law (see their January 5, 2012 statement at

http://lieberman.senate.gov/index.cfm/news-events/news/2012/1/statement-of-senators-lieberman-mccain-kirk-onhusain-haqqanis-mistreatment-in-pakistan.

42

“The Fizzling Out of Memogate” (editorial), Express Tribune (Karachi), February 1, 2012.

43

“Pakistan’s Memo Scandal Pits Military Against Zardari Government,” Washington Post, December 16, 2011; Gilani

quoted in “Pakistani Premier Warns of Plotting by Military,” New York Times, December 22, 2011.

44

See the ISPR’s January 11, 2012, release at http://www.ispr.gov.pk/front/main.asp?o=t-press_release&date=2012/1/

11.

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are considered quite low.45 By January’s end, Parliament passed a resolution reaffirming its own

supremacy and calling on the army and Supreme Court to remain within their constitutional

limits. Gilani subsequently softened his criticisms of the military and the crisis atmosphere faded.

Salala Border Incident

In the early, moonless morning hours of November 26, 2011, U.S. ground forces on a mission

very near the Afghanistan-Pakistan border reportedly came under heavy machine gun and then

mortar fire from hilltop positions just inside Pakistan. According to the Pentagon, U.S.

commanders on the ground had no awareness that two small Pakistan army outposts were in the

area and thus believed they were being attacked by Afghan insurgents. NATO air assets were

called in as a “show of force,” but the incoming fire did not cease, so an AC-130 gunship, two F15 jets, and two AH-64 Apache helicopters were ordered to neutralize the hilltop positions. By

this time, Pakistani liaison officers were telling their American counterparts that Pakistani

soldiers were coming under fire, but 24 of these soldiers were killed before the air assault ended.

Pakistanis both official and otherwise were infuriated; some openly accused NATO forces of

intentionally killing Pakistanis. Prime Minister Gilani described the attacks as being “a grave

breach of Pakistan’s sovereignty” and “a flagrant violation of international law.”46

Pakistani anger, which has not subsided to date, was reflected in the immediate closure of

NATO’s ground logistics routes through Pakistan, the eviction of U.S. personnel from the Shamsi

airfield in Baluchistan, and a boycott of a December Bonn conference on Afghanistan. At the time

of this writing, the supply routes have been closed for more that five months, despite Islamabad’s

stated intention to allow them to reopen (see “U.S./NATO Ground Lines of Communication”

section below).The Pakistani government has rejected U.S. expressions of “deep regret” and

“sincere condolences,” and demands a formal and unconditional apology from Washington.47

The Pentagon quickly launched an investigation in which the Pakistani side refused to participate.

That investigation was completed in late December, when the U.S. general heading it announced

that, “U.S. forces, given what information they had available to them at the time, acted in selfdefense and with appropriate force after being fired upon” and “there was no intentional effort” to

target Pakistanis. It was conceded that serious miscommunication and poor coordination were

central factors, but no NATO personnel were found to have acted improperly.48

Pakistan’s military called the “affixing of partial responsibility of the incident on Pakistan ...

unjustified and unacceptable.” A document detailing the Pakistani perspective was released in

January 2012. It conceded that Pakistani forces fired first, but legitimately so in the

circumstances. It excoriated the NATO investigators for the “inconceivable” claim that no

Pakistani posts were known to be in the area and found the “fundamental cause” of the incident

was “the failure of US/ISAF [International Security Assistance Force] to share its near-border

45

Shuja Nawaz, “Who Controls Pakistan’s Security Forces?,” U.S. Institute of Peace Special Report 297, December

2011; “Pakistan Crisis Shows Army’s Limits,” Associated Press, January 17, 2012; George Fulton, “Why Pakistan’s

Zardari Will Not Fall to a Military Coup,” Foreign Affairs (online), January 22, 2012.

46

See the November 26, 2011, release at http://www.mofa.gov.pk/mfa/pages/article.aspx?id=1013&type=1.

47

Expressions of “deepest condolences” came from both Secretary Clinton and Secretary Panetta. See

http://islamabad.usembassy.gov/pr-112611b.html.

48

“DOD News Briefing With Brig. Gen. Clark Via Teleconference From Hubert Field, Fla.,” Pentagon transcript,

December 22, 2011, at http://www.defense.gov/transcripts/transcript.aspx?transcriptid=4952.

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operation with Pakistan at any level.” It also laid out a timeline suggesting that the incident was

“deliberate at some level.”49

Press reporting indicates the Obama Administration came very close to issuing an apology for

Salala on several occasions over ensuing months. Advocates, especially within the State

Department, have believed an apology would facilitate a reopening of the GLOCs and a mending

of relations more generally. Opponents argued that the United States could not give any

appearance of weakness given a compulsion to pressure Pakistan on counterinsurgency. Pentagon

figures are said to believe an apology would amount to an admission of fault. In late February,

Secretary Clinton reportedly was set to apologize to Foreign Minister Khar in London, but that

plan was aborted after U.S. military personnel inadvertently burned Korans in Afghanistan. Later,

with coordinated insurgent attacks across Afghanistan in April blamed on the Pakistan-based

Haqqani Network, those in the Administration arguing for an apology apparently fell silent.50

Notable Developments in 2012

U.S. Congressional Hearing and Legislation on Baluchistan

U.S.-Pakistan relations were further riled in February 2012 when the House Foreign Affairs

Subcommittee on Oversight and Investigations held a hearing on Baluchistan, a Pakistani

province that is the site of a long-running violent separatist conflict. At least one witness called

for the “partition” of Pakistan into substates, Baluchistan among them. Subcommittee Chairman

Representative Dana Rohrabacher subsequently offered H.Con.Res. 104 to express the sense of

Congress that the people of Baluchistan had a right to self-determination and to their own

sovereign country. Although the resolution has only two co-sponsors and has not emerged from

committee to date, congressional attention to the issue infuriated the Islamabad government and

sparked a storm of criticism from the Pakistani media. Prime Minister Gilani called it an attack on

Pakistani sovereignty and Pakistan’s Ambassador in Washington warned it “would seriously

impact bilateral relations.” The Obama Administration distanced itself from the resolution by

declaring that it has no policy to support Baluchistan’s independence.51

Pakistan’s Parliamentary Review of the Bilateral Relationship

The Salala incident spurred the Islamabad government to essentially freeze relations with the

United States pending a broad review of the engagement by its Parliament. This review, originally

slated to be complete in the opening months of 2012, was not finalized until April. Some

observers were encouraged by the review process as representing an unusual foreign policy

assertiveness by a Pakistani civilian government typically subservient to the military. More

cynical analysts saw the review process as merely a civilian face being put upon what is

fundamentally a reflection of army policy making. The unanimously approved, 14-point

49

“Pakistan’s Perspective on Investigation Report Conducted by BG Stephen Clark Into 26th November 2011 US Led

ISAF/NATO Forces Attack on Pakistani Volcano and Boulder Posts in Mohmand Agency,” January 23, 2012, at

http://www.ispr.gov.pk/front/press/pakistan.pdf.

50

“U.S. Agonizes Over Apology to Pakistan,” Wall Street Journal, May 18, 2012.

51

“Fury in Pakistan After U.S. Congressman Suggests That a Province Leave,” New York Times, February 22, 2012;

Embassy release at http://islamabad.usembassy.gov/pr-021912.html.

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“Guidelines for Revised Terms of Engagement with the United States” was issued on April 13,

2012. Among the points/demands most relevant for U.S. policy makers were the following:

•

“Immediate cessation of [U.S.-launched] drone attacks inside the territory of

Pakistan”;

•

“Cessation of infiltration into Pakistani territory on any pretext, including ‘hot

pursuit’”;

•

“Pakistani territory including its air space shall not be used for transportation of

arms and ammunition to Afghanistan”;

•

“The condemnable and unprovoked NATO/ISAF attack ... represents a breach of

international law and constitutes a blatant violation of Pakistan’s sovereignty and

territorial integrity,” and “the government of Pakistan should seek an

unconditional apology from the United States”;

•

“Those held responsible for the [Salala incident] should be brought to justice”;

•

“No verbal agreement regarding national security shall be entered into by the

government” and “all such agreements or understandings shall cease to have

effect forthwith”;

•

“No overt or covert operations inside Pakistan shall be permitted”;

•

“No private security contractors and/or intelligence operatives shall be allowed”;

and

•

“Pakistan’s territory will not be provided for the establishment of any foreign

bases.”52

The review’s authors surprisingly added a request that the United States offer a civil nuclear deal

to Pakistan similar to the one offered to India in 2005.

Throughout the review process and following its completion, the Obama Administration has

issued repeated and emphatic expressions of respect for Pakistani democracy and sovereignty,

even as drone strikes have continued (albeit at a notably reduced rate). U.S. Special

Representative for Afghanistan and Pakistan (SRAP) Marc Grossman was in Islamabad in late

April for the 6th Trilateral Core Group Meeting of the United States, Pakistan, and Afghanistan.

His visit marked the first focused, high-level talks since the Salala incident and included

substantive discussion of the Parliament’s 14 points. Yet hopes that the bilateral relationship

would finally be “reset” and in working order were quickly dashed as Grossman departed without

any breakthrough.

Pakistan’s demands for a cessation of drone strikes remain a major point of contention—most

analysts believe the CIA will be unwilling to relinquish an ability to strike so-called “high-value

targets” whenever and wherever the opportunity arises. A continuation of “signature strikes”

targeting suspected low-level militants based on “pattern of life” surveillance is also in question.

These types of strikes are considered more likely to result in civilian deaths. Some reports suggest

that Pakistani leaders will refuse to open NATO’s ground supply lines to Afghanistan via the

Karachi port until drone strikes are ended, but no government officials have stated this is the case.

52

Pakistan Ministry of Foreign Affairs press release, April 13, 2012.

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However, the greater sticking point may be Pakistan’s demands for an unconditional apology for

the inadvertent deaths of Pakistani soldiers at Salala. At the time of this writing, none of these

major issues are resolved and the U.S. government reportedly is withholding at least $1 billion in

military reimbursements and counterterrorism funding pending an agreement on bilateral

reengagement. Meanwhile, Pakistan’s Foreign Ministry continues to insist that Islamabad “will

abide by the recommendations of the Parliament both in letter and spirit.”53

NATO Summit in Chicago

A May 21-22 NATO summit in Chicago—the first ever held in an American city outside of

Washington, DC—formally was focused on making decisions about the alliance’s future

engagement in Afghanistan. Pakistan had boycotted a December 2011 NATO conference in

Germany following the Salala incident and it remained unclear for months whether the Islamabad

government would be invited to the Chicago meeting, or even participate if invited. Only days

before the opening session, President Zardari received a personal call to attend from the NATO

Secretary-General. Yet, when the time came, the numerous heads of government in attendance

met under the shadow of U.S.-Pakistan tensions and the unresolved GLOCs issue. During the

session, President Obama apparently refused to meet in person with President Zardari, a snub that

combined with an absence of any apology for Salala to seriously chasten the Pakistanis. Indeed,

one unnamed senior U.S. official was quoted as saying there was an intent to make Zardari “feel

uncomfortable.”54 Some observers in Pakistan, opposition political figures among them, declared

that President Zardari’s participation in the summit had been an embarrassment. However,

Foreign Minister Khar sounded an upbeat note, arguing that Pakistan was a vital participant and

had received an unconditional invitation; Urdu-language editorials were nearly uniform in their

(unusual) praise of Zardari for appearing to stand up to international pressure and assert

Pakistan’s national interests.55

Conviction and Sentencing of Doctor Shakil Afridi

On May 23, 2012, a tribal court in northwestern Pakistan convicted Shakil Afridi of treason and

sentenced him to 33 years in prison. Afridi, a doctor who had worked with the CIA in an

apparently unsuccessful attempt to collect DNA samples from Osama bin Laden’s Abbottabad

compound previous to the May 2011 U.S. commando raid, had been charged under the colonialera Frontier Crimes Regulations and was tried outside of the Abbottabad jurisdiction.

The sentence was met with widespread outrage in the United States; the Obama Administration

contends there is no reason for Afridi to be held, and the Chairman and Ranking Member of the

Senate Armed Services Committee called the sentence “shocking and outrageous,” contending

that Afridi “should be praised and rewarded for his actions, not punished and slandered.” A

statement from the Chairman of the Senate Foreign Relations Committee noted the irony that “the

only person being punished is the person who helped the United States achieve justice for the

murder of thousands of Americans,” and concluded that the development will make efforts to

53

Foreign Ministry press release, May 17, 2012.

“U.S.-Pakistan Rift Clouds NATO Summit,” Wall Street Journal, May 21, 2012.

55

“NATO Summit: It Was a Very, Very Successful Visit, Says Khar,” and “Zardari’s Chicago Visit Brought Nothing

But Disgrace: Imran,” both in Express Tribune (Karachi), May 22, 2012.

54

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maintain a strategic relationship more difficult.56 Islamabad insists the process was in accordance

with Pakistani law and should be respected. However, even some Pakistani commentators are

questioning the conviction, in particular because he was convicted in a court outside the original

jurisdiction, without legal representation, and it is unclear if he has a right to appeal.57

Administration Assessments and

Bilateral Diplomacy

March 2011 Assessment and FY2011 Certification

The Administration’s biannual March 2011 assessment of Afghanistan and Pakistan policy

determined that most indicators and metrics against key U.S. objectives had remained static

during the reporting period (the latter half of 2010), notably excepting “significant progress” in

combating Al Qaeda in the region. On counterinsurgency (COIN) efforts, it noted improved

cooperation both within the Pakistani armed forces and between those forces and NATO, but

found that the last quarter of 2010 “saw no progress on effectively executing the COIN cycle in

KPk [Khyber Pakhtunkhwa province] and the FATA [Federally Administered Tribal Areas]” (see

Figure 2): “[W]hat remains vexing is the lack of any indication of ‘hold’ and ‘build’ planning or

staging efforts to compliment ongoing clearing operations. As such, there remains no clear path

toward defeating the insurgency in Pakistan” [emphasis added].58

In apparent conflict with such problematic U.S. government reporting on Pakistan’s progress was

a March 2011 certification by Secretary Clinton required under Section 203 of the Enhanced

Partnership With Pakistan Act of 2009 (P.L. 111-73). This certification, which allowed the release

of security-related FY2011 aid to Pakistan, included the Secretary’s confirmation that Islamabad

was demonstrating “a sustained commitment to and is making significant efforts toward

combating terrorist groups” and had “made progress” on ceasing support to extremist and terrorist

groups, as well as on preventing Al Qaeda and other terrorist groups from operating on Pakistani

territory, and in “dismantling terrorist bases” in the country. In the wake of revelations about

Osama bin Laden, and persistent complaints from U.S. military commanders that Pakistan was

taking action against the Haqqani Network in the FATA, the certification met with considerable

skepticism and appeared driven primarily by political considerations rather than by ground

realities. When pressed to further explain the certification at an October 2011 House Foreign

Affairs Committee hearing, the Secretary offered, “[A]t the time I made the certification, I closely

considered the requirements set forth in the statue and I determined that on balance Pakistan met

the legal threshold.”59 To date, there has been no similar certification for FY2012.

56

“Statement By Senators McCain and Levin on Sentencing of Pakistani Doctor Who Assisted in Bin Laden Search,”

CQ Transcriptions, May 23, 2012; SFRC press release, May 24, 2012.

57

“Dr Afridi’s Conviction: Some Questions” (editorial), Express Tribune (Karachi), May 24, 2012.

58

See “Report on Afghanistan and Pakistan, March 2011” at http://www.fas.org/man/eprint/afpak-0311.pdf.

59

“Rep. Ileana Ros-Lehtinen Holds Hearing on Afghanistan and Pakistan Transition,” CQ Transcriptions, October 27,

2011.

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Figure 2. District Map of Pakistan’s Khyber Pakhtunkhwa (formally North West

Frontier) Province and Federally Administered Tribal Areas

Source: Map Resources. Adapted by CRS.

September 2011 Assessment

The Administration’s September 2011 assessment—covering January-June with preliminary

comment on July and August—brought little positive news beyond reporting “significant

successes” against Al Qaeda, a key aspect of the first of several objectives related to Pakistan: On

enhancing civilian control and stable government in Pakistan, indicators and metrics “remained

static” for the entire reporting period. On developing Pakistan’s COIN capabilities, indicators and

metrics remained static through the first quarter of 2011, then began to decline, with “continued

negative trends” into the summer. This was attributed in large degree to the “Pakistan-directed”

decrease in bilateral security cooperation. On involving the international community in efforts to

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assist in stabilizing Pakistan, the indicators and metrics were reported to have remained static,

with the International Monetary Fund (IMF) Stand-By Arrangement remaining on hold since

August 2010 and only limited progress in funding the World Bank Multi-Donor Trust Fund and

the U.N. Pakistan Humanitarian Response Plan.60

April 2012 Pentagon Report to Congress

The Pentagon’s most recent biannual report to Congress on progress toward security and stability

in Afghanistan (for the six-month period ending March 31, 2012) noted some positive trends, but

flatly stated that, “The Taliban insurgency and its al Qaeda affiliates still operate with impunity

from sanctuaries in Pakistan” which “remain the most critical threat” to the U.S.-led effort in

Afghanistan. The report contended that the security situation in eastern Afghanistan “remains

volatile” and that the city of Kabul continues to face persistent security threats, many of which

are “planned in and controlled from Pakistan”:

Pakistan’s selective counterinsurgency operations, passive acceptance—and in some cases,

provision—of insurgent safe havens, and unwillingness to interdict material such as

[improvised explosive device] components, continue to undermine security in Afghanistan

and threaten ISAF’s campaign.

Pentagon leaders, and U.S. government leaders in general, believe that Pakistan’s desire to see an

Afghan government “with primacy for the Pashtuns, and limited Indian influence,” motivates its

leadership to allow insurgent sanctuaries to persist on its soil.61

Recent Bilateral Diplomacy

In addition to the several destabilizing developments of 2011 discussed above, U.S.-Pakistan

relations have been negatively affected by two other notable issues. One area of contention has

been freedom of travel for U.S. diplomats in Pakistan. Incidents in which such diplomats have

been prevented from moving between cities reportedly have amounted to “official harassment”

from a U.S. perspective, but Pakistani officials insist that requiring “No Objection Certificates”

for Americans leaving Islamabad is neither new nor U.S.-specific.62 Another irritant was the July

2011 revelation that two U.S. citizens of Pakistani origin had for many years been working

illicitly on behalf of the ISI in an effort to influence U.S. Kashmir policy.63

60

White House Report on Afghanistan and Pakistan, September 2011.

U.S. Department of Defense, “Report on Progress Toward Security and Stability in Afghanistan,” April 2012, at

http://www.defense.gov/pubs/pdfs/Report_Final_SecDef_04_27_12.pdf.

62

“American Diplomats in Pakistan Under Pressure,” BBC News, September 8, 2011.

63

The men came under federal indictment for failure to register as foreign agents. One of the accused remains at large

in Pakistan, but the other, Virginia resident Ghulam Nabi Fai, was arrested for lobbying U.S. lawmakers and funneling

campaign contributions to some in Congress over a 10-year period with at least $4 million in funds provided by the ISI.

Fai, longtime director of the Kashmiri American Council—a Washington-based nonprofit group ostensibly dedicated to

the cause of Kashmir self-determination—admitted to receiving funds from the ISI but insisted his group maintained

independence from its viewpoint. The timing of his arrest, coming on the heels of Pakistan’s arrest of a doctor charged

with aiding the CIA operation against Osama bin Laden, led some to conclude that Washington was sending a message

to Islamabad. Fai subsequently pled guilty to conspiracy charges and was sentenced to two years in federal prison.

61

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President Obama has not traveled to Pakistan since taking office, and the bilateral Strategic

Dialogue has not had a formal session since October 2010. However, high-level interactions,

especially among military and intelligence officials, have continued to be frequent, albeit with a

notable late 2011/early 2012 lapse. In October 2011, the Obama Administration made a major

show of diplomatic force when Secretary Clinton led a large, high-level delegation to Islamabad.

Accompanied by CIA Director David Petraeus, new Joint Chiefs Chairman Gen. Martin

Dempsey, Deputy National Security Advisor Lt. Gen. Doug Lute, SRAP Grossman, and other

senior officials, Clinton sought to impress upon the entire Pakistani civilian and military

leadership that the United States will not tolerate the continued existence of militant safe havens

in western Pakistan and will take action against them if the Pakistanis do not.64

At the ministerial level, the U.S.-Pakistan Strategic Dialogue appears to have been postponed

indefinitely; formal talks including Secretary Clinton, originally slated for March 2011, have not

occurred to date. Yet engagement has continued at other levels:

•

In February 2012, Secretary Clinton met with Foreign Minister Khar in London,

where she conveyed U.S. respect for Parliament’s right to review bilateral

relations and take its time in doing so. Yet the Secretary also conveyed U.S.

eagerness to “get back to business,” especially on crucial areas such as

counterterrorism and Afghanistan. Khar told Clinton that Islamabad needed first

to deal with upcoming Senate elections and would soon after deal with

Parliament’s recommendations.65

•

In March, Amb. Grossman met with President Zardari in Dushanbe, Tajikistan,

and emphasized that the United States “wants an honest, constructive, and

mutually beneficial relationship with Pakistan and remains committed to

continued engagement.”66

•

Days after the Grossman-Zardari meet, President Obama sat down with Prime

Minister Gilani on the sidelines of a nuclear security summit in Seoul, South

Korea, where the President reasserted the U.S. desire to see the two countries

“move forward on important shared interests, including counterterrorism and

fostering a stable Afghanistan.” Like Secretary Clinton, he welcomed Pakistan’s

parliamentary review process, and also said the United States would welcome

Pakistan’s potential participation in the upcoming Chicago NATO summit.67

•

Also in March, senior U.S. and Pakistani military commanders held their first

formal talks since the Salala incident when Central Command chief Gen.

James Mattis and NATO-ISAF commander Gen. John Allen discussed border

coordination issues with Gen. Kayani in Rawalpindi.

•

In April, Deputy Secretary of State Thomas Nides met with Foreign Minister

Khar in Islamabad in an effort to build upon the March conversations. Nides

64

“[Clinton] Interview With Nick Schifrin of ABC News,” State Department transcript, October 20, 2011; “Clinton

Issues Blunt Warning to Pakistan,” New York Times, October 20, 2011.

65

“Senior State Department Official on Bilateral Meeting With Secretary Clinton and Foreign Minister Khar of

Pakistan,” State Department transcript, February 23, 2012.

66

“Ambassador Grossman’s Meeting With President Zardari in Dushanbe,” U.S. Embassy release, March 25, 2012.

67

“Press Briefing by Deputy National Security Advisor for Strategic Communication Ben Rhodes on President

Obama’s Bilateral Meeting With Prime Minister Gilani of Pakistan,” White House transcript, March 27, 2012.

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expressed optimism that the two countries could “achieve a balanced approach

that respects Pakistan’s sovereignty and interests but also represents our concerns

about our national security.”68

•

Later in April, USAID Administrator Rajiv Shah visited Pakistan to express a

strong U.S. commitment to building and improving ties with Pakistan through

civilian assistance and development support.69

•

In late April, Amb. Grossman was in Islamabad for the 6th Trilateral Core Group

meeting between the United States, Pakistan, and Afghanistan. It was also the

first high-level U.S. visit following the release of the parliamentary review. He

and interlocutor Foreign Secretary Jalil Abbas Jilani made no breakthroughs on

major points of disagreement: Grossman focused on the U.S. desire to see

GLOCs quickly reopened, while Jilali reiterated Pakistan’s adamant opposition to

further drone strikes. By some accounts, it was Washington’s refusal to apologize

for the Salala incident that ultimately torpedoed the session.70

•

The U.S.-Pakistan-Afghanistan Tripartite Commission—established in 2003 to

bring together military commanders for regular discussions on Afghan stability

and border security—met for the 35th time in Rawalpindi in mid-May.

Controversy and Furor Over UAV Strikes

Missile strikes in Pakistan reportedly launched by armed American Predator and Reaper

unmanned aerial vehicles (UAVs) have been a controversial, but arguably effective tactic against

Islamist militants in remote regions of western Pakistan. The nominally covert program is

overseen by the CIA, but reports indicate that President Obama personally approves the targeting

“kill list.”71 By one assessment, 118 drone strikes occurred in 2010 alone, more than during the

preceding six years combined. Seventy more strikes were reported in 2011.72 The missile strikes

in western Pakistan reportedly have taken a significant toll on Al Qaeda and other Islamist

extremist militants, but are also criticized as an extrajudicial measure that kills civilians and may

also contribute to militant recruitment.

The Pakistani government regularly issues protests over the strikes—and the perception that they

violate Pakistani sovereignty fuels considerable anti-American sentiment among the Pakistani

public. As per a May 2012 Foreign Ministry statement: “We strongly condemn these drone

attacks. We regard them as a violation of our territorial integrity. They are in contravention of

international law. They are illegal, counterproductive, and totally unacceptable.”73

68

“Deputy Secretary Nides: U.S. Supports People of Pakistan,” U.S. Embassy transcript, April 4, 2012.

“USAID Administrator Shah: U.S. Committed to Improving U.S.-Pakistan Ties,” U.S. Embassy release, April 13,

2012.

70

“Transcript of the Joint Press Stakeout by Foreign Secretary Jalil Abbas Jilani and Ambassador Marc Grossman,”

Foreign Ministry release, April 26, 2012; “Lack of a U.S. Apology is Sticking Point for Pakistan,” New York Times

(online), April 30, 2012.

71

“Secret ‘Kill List’ Proves a Test of Obama’s Principles and Will,” New York Times, May 29, 2012.

72

See http://counterterrorism.newamerica.net/drones.

73

Foreign Ministry transcript, May 24, 2012.

69

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Still, most observers believe official Pakistan has tacitly allowed the strikes and at times provided

intelligence for them.74 Despite Islamabad’s persistent and sweeping rejection of drone strikes on

Pakistani territory, informed domestic debate exists, with some analysts welcoming the tactic as

necessary and the best of several bad options.75 There is no shortage of accounts suggesting that,

as a tactic, the drone campaign has been effective against Al Qaeda and its FATA-based allies.76

Messaging to Pakistan appears to continue to be part of the program’s intent: major strikes closely

followed both Raymond Davis’s March 2011 release and the Administration’s July 2011

announcement on partial suspension of U.S. military aid to Islamabad. Most recently, a series of

drone strikes came immediately after the May 2012 NATO summit where President Obama

refused to meet with his Pakistani counterpart.77

Top Administration figures reportedly differ on the wisdom of continuing UAV strikes in

Pakistan, with some State Department and Pentagon figures urging the CIA to reduce the pace of

its strikes. While there is said to be widespread agreement on the tactical effectiveness of UAV

attacks, proponents of their more judicious use reportedly worry that any intense pace aggravates

an already troubled relationship with Pakistan and may risk destabilizing that country.78 A mid2011 White House review of the program ultimately reaffirmed support for the CIA campaign

while also instituting some changes: the State Department would play a greater role in strike

decisions, Pakistani officials would get more advanced notice, and strikes would be suspended

when Pakistani officials were visiting the United States. the changes appear to have reduced the

number of “signature strikes” undertaken against large groups of suspected militants.79

In June 2011, the President’s top counterterrorism advisor, in referring to the armed drone

program, claimed “there hasn’t been a single collateral death because of the exceptional

proficiency, precision of the capabilities we’ve been able to develop.” Three years after taking

office, President Obama publically acknowledged and defended the program’s existence, saying it

“had not caused a huge number of civilian casualties” and is “kept on a very tight leash.”80 These

claims are hotly disputed by independent analysts who track the strikes and estimate that 145-535

civilians have indeed been killed, including scores of children.81

74

Leaked U.S. diplomatic cables reportedly describe Army Chief Gen. Kayani as having requested “continuous

Predator coverage” over South Waziristan during Pakistan’s early 2008 military operations there. The Pakistani

military denied having made any requests for armed drone support (“Army Chief Wanted More Drone Support,” Dawn

(Karachi), May 20, 2011).

75

See, for example, the several related articles in the May 18, 2012, issue of Lahore’s Friday Times.

76

See, for example, Pir Zubair Shah, “My Drone War,” Foreign Policy, March/April 2012.

77

“Drone Strikes Continue in Pakistan As Tension Increases and Senate Panel Cuts Aid,” New York Times, May 24,

2012.

78

“Drone Attacks Split U.S. Officials,” Wall Street Journal, June 4, 2011.

79

“Signature strike” decisions are based on “pattern of life” surveillance while “personality strikes” target known

leaders. In a March 2012 meeting in London with Lt. Gen. Pasha, CIA Director Petraeus reportedly made a personal

offer to refrain from undertaking “signature strikes” and to provide the ISI chief with advanced notice on others, but the

concessions apparently were rejected out of hand (“U.S. Tightens Drone Rules,” Wall Street Journal, November 4,

2011; “Officials: White House Offers to Curtail Drones,” Associated Press, March 27, 2012).

80

John Brennan quoted in “C.I.A. Claim of No Civilian Deaths From Drone Strikes is Disputed,” New York Times,

August 11, 2011; President Obama quoted in “Obama Admits ‘Worst-Kept Secret:’ US Flies Drones Over Pakistan,”

Christian Science Monitor, January 31, 2012.

81

“Covert CIA Drones Kill Hundreds of Civilians,” London Sunday Times, February 5, 2012. An Associated Press

assessment found that roughly 70% of those killed by drone strikes are militants, but the New America Foundation

finds a success rate of 83% (“New Light on Drone War’s Death Toll,” Associated Press, February 25, 2012; “CIA

(continued...)

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Despite the killing of many hundreds of militants and dozens of their commanders, violence in

western Pakistan has hardly subsided as a result of missile strikes. Yet, in present circumstances,

and with a coming drawdown of NATO troops in neighboring Afghanistan, many commentators

believe the U.S. government may have no better option than to continue employing the tactic.

The Inter-Services Intelligence (ISI) Directorate and

Bilateral Intelligence Cooperation

Acute Questions About the ISI’s Role

Close U.S. links with Pakistan’s Inter-Services Intelligence (ISI) date back to the 1980s, when

American and Pakistani intelligence officers oversaw cooperative efforts to train and supply

Afghan “freedom fighters” who were battling the Soviet Army. Yet mutual mistrust has been

ever-present and, in 2008, long-standing doubts about the activities and aims of the ISI

compounded. Along with international concerns about the ISI’s assumed decades-long strategy of

making use of Islamist militant proxies to forward Pakistan’s perceived interests, the service is

also implicated in extralegal abductions and manipulation of domestic politics.82

The agency comes under the direct control of the army and its Director-General, a three-star

general, is widely viewed as deputy to the Chief of Army Staff.83 Lt. Gen. Zaheer-ul-Islam was

appointed DG-ISI in March 2012, replacing the retiring Lt. Gen. Pasha. Islam, previously

commander of the army’s V Corp based in Karachi, received military training in the United States

in 2002-2003. Press reports have called him more open and moderate than his predecessors; he

may be a candidate for the COAS position after Kayani’s scheduled 2012 retirement.84

U.S. officials repeatedly have fingered the ISI for actively supporting Afghan insurgents with

money, supplies, and planning guidance. There is ongoing conviction among U.S. officials that

sanctuaries in Pakistan have allowed Afghan militants to sustain their insurgency and that

elements of the ISI continue to support them. Some reporting has cited Afghan insurgent

commanders claiming that in the latter months of 2011 the ISI increased its direct contacts with

the Taliban, vigorously encouraging more violence, and even supplying them with new highpowered explosives manufactured in Pakistan.85

A classified NATO report detailing information gathered through thousands of interrogations of

captured Taliban and Al Qaeda militants was leaked in January 2012 and reportedly indicates that

(...continued)

Drone War in Pakistan in Sharp Decline,” CNN.com, March 27, 2012).

82

The ISI has come under unprecedented judicial scrutiny related to disappearances and, in 2012, the revival of a 15year-old vote-rigging scandal involving $6.5 million in alleged covert political donations by the ISI that likely helped

unseat Benazir Bhutto’s government in 1990 (“Court Challenges Put Unusual Spotlight on Pakistani Spy Agency,”

New York Times, February 7, 2012).

83

The State Department reports that Pakistan’s military and intelligence services nominally report to civilian

authorities, but essentially operate without effective civilian oversight (Country Reports on Human Rights Practices for

2011, released May 2012).

84

“Kayani’s New Soldier Spy,” India Today (Delhi), April 2, 2012.

85

“Afghan Taliban on Night Raids, New Explosives, the ISI, and Peace,” Newsweek, December 26, 2011.

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Afghan insurgents continue to receive direct support from the ISI. The report offers that,

“Pakistan’s manipulation of the Taliban senior leadership continues unabatedly,” and “Senior

Taliban leaders meet regularly with ISI personnel, who advise on strategy and relay any pertinent

concerns of the government of Pakistan.” NATO officials played down the report’s significance,

and Pakistan’s foreign minister called its content “old wine in an even older bottle.”86

The ISI is also regularly linked to anti-India terrorist groups, including the Lashkar-e-Taiba,

responsible for the November 2008 attack on Mumbai in which some 165 people were killed, 6

Americans among them. During a February 2012 House hearing, Secretary of State Clinton

asserted, “[T]here is no doubt in my mind that certain elements of the Pakistani government are

more ambivalent about cracking down on terrorism.... [T]here have been relationships between

terrorist groups and the military and intelligence services for many decades.”87

Pakistani officials regularly provide assurances that no elements of the ISI are cooperating with

militants or extremists. However, to many independent observers, Pakistan’s security services

increasingly appear to be penetrated by Islamist extremists.88 Leaked U.S. diplomatic cables

reportedly contained claims that Pakistani military officers receive training biased against the

United States.89 Some analysts argue that, just as Pakistan’s national identity has continued to be

fractured along the lines dividing nationalism from Islamism, Pakistan’s security services can be

conceived of as comprising two groups: one, led by Gen. Kayani, is fundamentally nationalist and

seeks to maintain the status quo; the other, currently leaderless, is driven by a revisionist Islamist

ideology, sometimes with a violent cast.90

Even before the Raymond Davis episode began, reports indicated that CIA-ISI relations were at a

nadir, with American officials frustrated at the lack of expanded Pakistani military operations and

at signs that elements within the ISI continue to provide backing to certain militant groups. The

Davis affair sharpened Pakistani attention to—and acrimony toward—the presence of U.S.

security officials and contractors in Pakistan. Revelation of Davis’s status as a CIA contractor led

the ISI to demand an accounting of all such operatives working in Pakistan, but most intelligence

cooperation may have been frozen immediately upon the January shooting.91

The circumstances of OBL’s death brought more focus on purported ISI links with Islamist

extremism.92 Following the May 2011 raid, Pakistan sought to crack down on its own citizens

86

“Pakistan is Helping Afghan Taliban, Says Nato Report,” BBC News, January 31, 2012; “Pakistan Denies Claims in

NATO Report of Spy Service Still Aiding Taliban,” Washington Post, February 1, 2012.

87

“House Foreign Affairs Committee Holds Hearing on President Obama’s Fiscal 2013 Budget Proposal for the State

Department and Foreign Operations,” CQ Transcripts, February 29, 2012.

88

“Infiltrators Worry Pakistani Military,” Washington Post, May 28, 2011. In June 2011, a Pakistani brigadier general

was arrested and four majors questioned due to their links with the Hizb-ul-Tahrir (Party of Liberation), a nonviolent,

but outlawed Islamist group that seeks the establishment of an Islamic caliphate. The general, whose brother may be a

senior intelligence officer, is the most senior officer to face such allegations since 1995 (“Arrest of Pakistani Officer

Revives Fears of Extremism Within Military,” CNN.com, June 22, 2011).

89

“Anti-Americanism Rife in Pakistan Army Institution – Wikileaks,” Reuters, May 25, 2011.

90

Pervez Hoodbhoy, “Pakistan’s Army: Divided It Stands,” Viewpoint Online (undated), at

http://www.viewpointonline.net/pakistans-army-divided-it-stands.html.

91

“U.S.-Pakistan Intelligence Operations Frozen Since January,” Reuters, April 9, 2011.

92

The mobile phone of bin Laden’s most trusted courier reportedly contained contacts in the Harakat-ul-Mujahideen, a

Kashmir-oriented terrorist group with close ties to the ISI and deep roots in the Abbottabad area. Its leader, Maulana

Fazlur Rehman Khalil, a sometime ally of OBL, continues to live openly in Islamabad (“Seized Phone Offers Clues to

Bin Laden’s Pakistani Links,” New York Times, June 24, 2011).

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who were found to be working with the CIA.93 Pressure was increased to allow American

investigators access to bin Laden’s three widows in Pakistani custody. Such access was

subsequently granted. One week after OBL’s death, a Pakistani newspaper seen as close to the

country’s military and intelligence services published the purported name of the CIA’s Islamabad

station chief. This was the second time in six months that the top covert American operative in

Pakistan had been outed, and U.S. officials reportedly believed such disclosures were deliberate

as a means for the ISI to demonstrate its leverage and to express anger at U.S. policies.94

After the OBL raid, the ISI leadership was confronted more frequently—and more publically—

with U.S. evidence of collusion between Pakistani officials and Afghan insurgents. Such evidence

notably included instances in which the CIA alerted Islamabad about the existence of two bombmaking facilities in Pakistan’s Federally Administered Tribal Areas (FATA), only to have

Pakistani army units find the sites abandoned by the time they arrived. This led U.S. officials to

assume that the targets had been tipped off about upcoming raids, a charge called “totally false

and malicious” by the Pakistani military, which declared that some of the intelligence provided

“proved to be incorrect.” Still, U.S. officials repeated the accusations after militants fled two

other bomb-making facilities; these officials reportedly believed that Pakistan’s insistence on

gaining permission from local tribal elders before entering the area allowed militants to escape.95

Continuing Intelligence Cooperation

Concurrent with interagency discord, effective joint intelligence work has continued. Just days

after the OBL raid, a Yemeni national described as a “senior” or “midlevel” Al Qaeda operative

was arrested in Karachi with the help of U.S.-provided intelligence. Mohammed Ali Qasim Yaqub

reportedly had been a key courier between Al Qaeda’s top leaders, and his capture was seen as a

good-faith Pakistani effort to mend relations with Washington. In another apparent effort to

rebuild confidence, Pakistan pledged in June to grant more than three dozen visas to CIA officers.

Most-wanted terrorist Ilyas Kashmiri was reported killed in a June 2011 drone strike in South

Waziristan, and the new Al Qaeda chief’s deputy and operational commander, Libyan explosives

expert Atiyah Abd al-Rahman, was reported killed in an August strike in North Waziristan

(successes in targeting militants in the FATA with unmanned drones likely come with intelligence

from Pakistan). In September, Pakistan announced having arrested three allegedly senior Al

Qaeda operatives near Quetta with help from technical assistance provided by the CIA.

Bilateral intelligence cooperation, especially that targeting Al Qaeda and the “Pakistani Taliban,”

has quietly continued even as government-to-government relations have worsened.96 Some

reports indicate that the CIA has undertaken a years-long, multibillion dollar effort to establish

inside Pakistan a network of “secret friends” of the United States—security officials, intelligence

93

“Arrest Indicates Pakistan Leaders Face Rising Pressure to Curb U.S. Role,” Washington Post, June 15, 2011.

“Pakistanis Disclose Name of CIA Operative,” Washington Post, May 9, 2011.

95

“C.I.A. Director Warns Pakistan on Collusion With Militants,” New York Times, June 12, 2011, ISPR press release,

June 17, 2011; “Pakistan Still Tipping Off Militants, U.S. Officials Say,” Los Angeles Times, June 19, 2011.

96

For example, drone strikes were temporarily halted after the November 2011 Salala border incident, by some

accounts providing respite to FATA-based militants. However—and despite Islamabad’s official opposition—they

resumed with a mid-January strike that reportedly killed a senior Al Qaeda figure. That attack was taken as evidence

that Pakistanis were at some level continuing to assist in targeting (“How Pakistan Helps the U.S. Drone Campaign,”

Reuters, January 22, 2012).

94

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operatives, counterterrorism fighters, and the like, who could offer an alternative to less

trustworthy army and ISI officials.97

Pakistan and the Afghan Insurgency98

Pakistani leaders have long sought access to Central Asia and “strategic depth” with regard to

India through friendly relations with neighboring Afghanistan. Such policy contributed to

President-General Zia ul-Haq’s support for Afghan mujahideen “freedom fighters” who were

battling Soviet invaders during the 1980s and to Islamabad’s later support for the Afghan Taliban

regime from 1996 to 2001.99 British colonialists had purposely divided the ethnic Pashtun tribes

inhabiting the mountainous northwestern reaches of their South Asian empire with the 1893

“Durand Line.” This porous, 1,600-mile border is not accepted by Afghan leaders, who have at

times fanned Pashtun nationalism to the dismay of Pakistanis.100 Both Pakistan and Afghanistan

play central roles as U.S. allies in global efforts to combat Islamic militancy. Ongoing acrimony

between Islamabad and Kabul is thus deleterious to U.S. interests.

American and Pakistani goals in Afghanistan are far from fully compatible; there is very little

agreement beyond the shared interest in a negotiated settlement that leaves Afghanistan relatively

stable and secure. Pakistan—and especially its military and intelligence services—is widely

believed to be seeking a post-NATO Afghanistan that is deferential to and perhaps even

dependent upon Islamabad, with Kabul setting foreign policies that do not run counter to

Pakistani interests. In contrast, the U.S.-led coalition endeavors to leave behind a capable and

independent Afghanistan. Such a result would almost certainly see the Kabul government

increase its cooperation with India. If within this dynamic Pakistan makes use of the Quetta Shura

and Haqqani Network as proxies in its dealings with Kabul (as is widely assumed to have been

the case for several years now), the Administration’s continued reliance on Islamabad in creating

and shaping the reconciliation process is likely to increase Pakistan’s leverage.101

Washington has continued to seek Islamabad’s support for Afghan reconciliation talks, ideally by

winning ISI pressure on Afghan insurgency leaders to negotiate. Yet tensions between the two

governments’ respective approaches are evident in the fact that Americans want to “fight, talk,

97

See Eli Lake, “America’s Shadow State in Pakistan,” The DailyBeast.com, December 5, 2011.

See also CRS Report RL30588, Afghanistan: Post-Taliban Governance, Security, and U.S. Policy, by (name re

dacted).

99

Documentary evidence indicates that Islamabad provided military and economic support, perhaps including the

combat troops, to the Afghan Taliban during the latter half of the 1990s (see “Pakistan: ‘The Taliban’s Godfather’?,”

National Security Archive Briefing Book 227, August 14, 2007).

100

Pakistan is home to more than 30 million Pashto-speaking people, most of them living near the border with

Afghanistan, which is home to perhaps 15 million ethnic Pashtuns (also known as Pakhtuns or Pathans). A hardy

people with a proud martial history (they are disproportionately represented in the Pakistani military), Pashtuns played

an important role in the anti-Soviet resistance of the 1980s.

101

See Ashley Tellis, “Gambling on Reconciliation to Save a Transition: Perils and Possibilities in Afghanistan,”

Carnegie Endowment for International Peace Policy Outlook, December 2011. Many analysts contend that American

and Pakistan objectives in Afghanistan are “fundamentally at odds,” meaning a U.S. reliance on Pakistan to forge

Afghan reconciliation is a “dangerous gamble” given the apparent failure of a “decade-long policy of seeking to

appease Pakistan and induce its cooperation through large-scale economic and military assistance (first two quotes

from Ashley Tellis, third from Christine Fair, in “Rep. Steve Chabot Holds a Hearing on U.S. Policy Toward

Afghanistan and Pakistan,” CQ Transcripts, November 3, 2011. For a detailed argument of why “Pakistan is the

problem,” see Tellis’s prepared statement at http://foreignaffairs.house.gov/112/tel110311.pdf).

98

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build,” while Pakistanis are seen to be taking a “cease-fire, talk, wait for the Americans to leave”

tack. Pakistani officials have been confused by a perceived lack of clarity in U.S. goals for

Afghanistan and in pressure from Washington to employ force against anti-Kabul militants in

North Waziristan even as the U.S. government seeks to talk with other insurgent groups.102 Some

argue that Washington risks rewarding Pakistani intransigence by giving that country’s security

services a key role in brokering peace with the same insurgent forces they have fostered. Some

even contend that the ISI has spent the past decade trying to reinstate the Taliban regime

overthrown by the ISAF coalition in 2001.103

Ongoing Turmoil in Pakistan-Afghanistan Relations

Senior U.S. officials and nearly all independent observers continue to contend that Pakistani

cooperation is necessary for reconciliation and long-term stability in Afghanistan. Islamabad’s

relations with Kabul remain troubled, and it is widely understood that Afghan insurgents continue

to find safe havens in the Pakistani cities of Quetta and Karachi, as well as in western Pakistan’s

tribal agencies. U.S. military commanders identify these havens as central obstacles to successful

pacification of southern and eastern Afghanistan. Declassified U.S. government documents

indicate that the Taliban’s resurgence in the mid-2000s could not have been possible in the

absence of FATA sanctuaries.104

Despite some warming of Pakistan-Afghanistan ties in 2010 and early 2011, Afghan officials

continue to openly accuse Pakistan of aiding and abetting terrorism inside Afghanistan. There are

signs that Afghan’s historic wariness of Pakistani influence in their country is not abating.105

Many analysts have grown cynical given perceptions of Islamabad’s consistent use of “Pashtun

jihadi proxies” to forward its perceived interests and the Pakistani military’s aim to exert

dominance of its Afghan neighbors.106

Islamabad can be discomfited by signs that the U.S. presence in Afghanistan is not long-term or

that the international community may “abandon” the region in ways damaging to Pakistani

interests, as was the case during the 1990s.107 Many analysts saw President Obama’s June 2011

announcement of an impending U.S. military drawdown from Afghanistan as yet another signal

to stakeholder governments and Taliban elements, alike, that the U.S. focus is on an exit strategy

and that the United States may not make a long-term commitment to stabilizing the region.

102

“U.S. Seeks Aid From Pakistan in Peace Effort,” New York Times, October 31, 2011.

See, for example, Sarah Chayes, “Denying Pakistan” (op-ed), Los Angeles Times, November 23, 2011.

104

“‘No-Go’ Tribal Areas Became Basis for Afghanistan Insurgency, Documents Show,” National Security Archive

Electronic Briefing Book No. 325, posted September 13, 2010.

105

See, for example, “Ordinary Afghans Voicing Increasing Distrust of Pakistan’s Intentions,” Radio Free

Europe/Radio Liberty (online), November 6, 2011.

106

“Talking About Talks: Toward Political Settlement in Afghanistan,” International Crisis Group Asia Report No.

221, March 20, 2012.

107

Members of Pakistan’s nongovernmental foreign policy “elite” are reported to maintain that Pakistan’s key

objective is to see a pacific Afghanistan with an inclusive government and a limited Indian presence, even in the area of

economic and social development. From this perspective, only significant power-sharing with Afghan Pashtuns will

ensure a future Kabul government sensitive to Pakistani interests,(see Moeed Yusuf, Huma Yusuf, and Salman Zaidi,

“Pakistan, the United States, and the End Game in Afghanistan: Perceptions of Pakistan’s Foreign Policy Elite,” U.S.

Institute of Peace, July 25, 2011).

103

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Pakistani leaders insist that Afghan stability is a vital Pakistani interest. In April 2011, Prime

Minister Gilani, Army Chief Kayani, and ISI Director Pasha all traveled to Kabul as part of an

effort to upgrade the Afghanistan-Pakistan Joint Commission earlier that year and so accelerate

the peace process. American observers were disturbed by reports that Gilani had used the

meetings as an opportunity to wean Kabul away from its strategic partnership with the United

States, and instead move closer to Islamabad and seek greater support from China. According to

the reports, Gilani criticized America’s “imperial designs” and contended that ending the Afghan

war required Kabul and Islamabad to take “ownership” of the peace process.108 The new Joint

Commission met in June 2011, with Gilani and President Karzai expressing their commitment to

an “Afghan-led and Afghan-owned” process. The two sides also produced a 23-point “Islamabad

Declaration” pledging improved and deepened ties in a wide range of issue-areas.109

However, in the summer of 2011, increased incidence of “reverse infiltration” caused friction

between Islamabad and Kabul, especially after more than two dozen Pakistani soldiers were

killed in a June cross-border raid by up to 400 militants from Afghanistan’s Kunar province. Later

that month Afghan officials accused Pakistan of firing more than 760 rockets into the Kunar,

Nangarhar, and Khost provinces over a period of six weeks, killing at least 60 people, including

women and children. Pakistan rejected charges that its forces had been involved in any crossborder attacks. Some in Afghanistan see the barrages as part of an orchestrated and official

Pakistani effort to “reshape Afghanistan as a Pakistani colony” after International Security

Assistance Force (ISAF) troops draw down.110

Pakistan-Afghanistan relations reached a new nadir in September 2011 when Afghan High Peace

Council chairman and former Afghan President Burhanuddin Rabbani was assassinated in his

Kabul home by a suicide bomber, dealing a major blow to hopes for reconciliation talks. Afghan

officials suspect the ISI played a role in the murder, saying the attacker was Pakistani and the

attack had been planned in Quetta. They also criticized Islamabad for its alleged failure to

cooperate in the related investigation. Pakistani officials denied playing any part in the

assassination, but the Afghan president has continued to accuse Pakistan of “using terrorism” as

official policy. In October, Afghan intelligence officials claimed to have halted a plot to

assassinate Karzai himself and said the alleged culprits were based in the FATA and affiliated

with both Al Qaeda and the Haqqanis.111

Afghan Reconciliation and Pakistan’s Role

Islamabad strongly endorses current efforts to make peace with the Afghan Taliban and insists

that the parameters for such a process should be set by the Kabul government. Pakistan considers

itself to be indispensible to successful Afghan peace talks, and Islamabad’s leaders are in large

part motivated by a desire to deny India significant influence in a post-conflict Afghanistan.

Pakistan has sought to exert control over which Taliban figures can negotiate on this account. In

early 2010, the Afghan Taliban’s top military commander and key aide to Mullah Omar, Mullah

108

“Karzai Told to Dump U.S.-Pakistan Urges Afghanistan to Ally With Islamabad, Beijing,” Wall Street Journal,

April 27, 2011.

109

See the June 12, 2011, text at http://www.mofa.gov.pk/Press_Releases/2011/June/Pr_200.htm.

110

“Pakistan Launching Military Intervention to Subjugate Afghanistan,” MEMRI Inquiry & Analysis Series Report

No. 703, July 6, 2011.

111

“Karzai Says Pakistan is Supporting Terrorists,” Washington Post, October 4, 2011; “Afghans Say Plot Aimed to

Kill Karzai,” Los Angeles Times, October 6, 2011.

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Abdul Ghani Baradar, was captured in a joint ISI-CIA operation in Karachi. By some accounts,

Pakistani elements “orchestrated” the Baradar arrest to facilitate talks with “willing” Taliban

commanders and pave the way for reconciliation negotiations. Cynics contend that the ISI’s

motives may simply have been to thwart any anticipated negotiations.

In mid-2010, Pakistan launched an effort to broker a reconciliation between the Kabul

government and the Haqqani Network. This initiative sparked concerns that Islamabad would

seek to exploit the political situation—both in the region and in Washington—to mold a

settlement giving Pakistan maximal influence in a post-conflict Kabul. Later that year NATO

facilitated the secret travel of at least three QST figures and a representative of the Haqqani

Network from Pakistan to Kabul for meetings with senior Afghan government officials. It is

unclear whether Pakistani officials were included in this process; some reports indicated they

were not, others described ISI officials as having participated directly.

In another clear indication that Islamabad has substantive influence over top Afghan insurgents,

in the fall of 2011 the U.S. Ambassador to Afghanistan suggested that Pakistan is hesitant to

allow Taliban leaders to travel to Kabul for reconciliation talks. He asks that Pakistan support the

process by allowing those willing to talk to be given the opportunity to do so. Afghan President

Karzai has echoed these complaints, saying insurgent leaders inside Pakistan are not sufficiently

independent of Pakistani control to enter into negotiations on their own.112

By early 2012, the Islamabad government appeared to at least be allowing the U.S.-Taliban

negotiating initiative to proceed. Then, on an April visit to Islamabad, Afghan President Karzai

reportedly asked Pakistani leaders to “use their influence” to prod the Taliban into negotiations, a

request that Foreign Minister Khar called “not only unrealistic, but preposterous.” Yet, just a

week later, Prime Minister Gilani issued an unprecedented open appeal to the Afghan Taliban

leadership and other militant commanders to “participate in an intra-Afghan process for national

reconciliation and peace.”113 The Obama Administration welcomed the message, even as there

remain pervasive concerns that Pakistan’s security services are maintaining ties with and possibly

supporting certain Afghan insurgent groups as a means of increasing their leverage in the

reconciliation process. To many observers in Pakistan and the region more widely, current U.S.

transition planning for Afghanistan appears to be cover for a hasty exit strategy.

Haqqani Network Attacks and U.S. Frustrations

The terrorist network led by Jalaluddin Haqqani and his son Sirajuddin, based in the FATA, is

commonly identified as the most dangerous of Afghan insurgent groups battling U.S.-led forces

in eastern Afghanistan. In the words of one expert,

The Haqqani Network represents a strategic threat to the enduring stability of the Afghan

state and U.S. national security interests in the region. The Haqqanis are currently

Afghanistan’s most capable and potent insurgent group, and they continue to maintain close

operational and strategic ties with al-Qaeda and their affiliates.

112

“Envoy: Pakistan Should Aid Talks,” USA Today, September 8, 2011; “Karzai Lashes Out at Pakistan,” Financial

Times (London), October 3, 2011.

113

“Meeting in Pakistan Reveals Tensions Over Afghan Talks,” New York Times, February 18, 2012; “Statement of

Prime Minister Syed Yusuf Gilani on Afghanistan,” Foreign Ministry transcript, February 24, 2012.

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This analyst is among many who contend that the group is not reconcilable and must be dealt

with through sustained military offensives by ISAF and Afghan forces beyond 2012.114

Islamabad officials have consistently deferred on urgent and long-standing U.S. requests that the

Pakistani military launch operations against the Haqqanis’ North Waziristan haven, saying their

forces are already stretched too thin. Most observers believe the underlying cause of Pakistan’s

inaction is the country’s decades-long relationship with Jalaluddin Haqqani and a belief held in

the army and ISI that his group represents perhaps the best chance for Islamabad to exert Pashtunbased influence in post-ISAF Afghanistan.

Over the past year, the Haqqanis have undertaken numerous high-visibility attacks in Afghanistan

that infuriated top U.S. and Afghan officials. First, a June 2011 assault on Kabul’s

Intercontinental Hotel by Haqqani gunmen and suicide bombers left 18 people dead. Then, in

September, a truck bomb attack on a U.S. military base by Haqqani fighters in the Wardak

province injured 77 American troops and killed 5 Afghans. But it was a September 13, 2011,

attack on the U.S. Embassy compound in Kabul that appears to have substantively changed the

nature of U.S.-Pakistan relations, a well-planned and -executed 20-hour-long assault that left 16

Afghans dead, 5 police officers and at least 6 children among them. Although U.S. officials

dismissed the attack as a sign of the insurgents’ weakness, the ability of militants to undertake a

complex raid in the heart of Kabul’s most protected area was seen by many as a clear blow to the

narrative of Afghanistan becoming more secure.

Days after this attack, Admiral Mullen called on General Kayani to again press for Pakistani

military action against Haqqani bases. Apparently unsatisfied with his counterpart’s response,

Mullen returned to Washington, D.C., and began ramping up rhetorical pressure to previously

unseen levels, accusing the ISI of using the Haqqanis to conduct a “proxy war” in Afghanistan.

Meanwhile, Secretary Panetta issued what was taken by many to be an ultimatum to Pakistan

when he told reporters that the United States would “take whatever steps are necessary to protect

our forces” in Afghanistan from future attacks by the Haqqanis.115 Then, during September 22

testimony before the Senate Armed Services Committee, Mullen issued the strongest and most

direct U.S. government statement on Pakistani malfeasance of the post-2001 era, saying,

The Haqqani network, for one, acts as a veritable arm of Pakistan’s Inter-Services

Intelligence agency. With ISI support, Haqqani operatives plan and conducted that

[September 13] truck bomb attack, as well as the assault on our embassy. We also have

credible evidence they were behind the June 28th attack on the Intercontinental Hotel in

Kabul and a host of other smaller but effective operations. [emphasis added]116

114

Jeffrey Dressler, “The Haqqani Network: A Strategic Threat,” Institute for the Study of War Middle East Security

Report 9, March 2012. Another overview describes the network as interdependent with Al Qaeda, an enabler for other

jihadi groups, and “the fountainhead of local, regional, and global militancy.” It is also called the “primary conduit” for

Pakistani Taliban fighters to transit into Afghanistan and as the “central diplomatic interface” between the TTP and the

Pakistani government. The report is pessimistic on the network’s potential to disengage itself from Al Qaeda (Dan

Rassler and Vahid Brown, “The Haqqani Nexus and the Evolution of Al-Qa’ida,” Combating Terrorism Center at West

Point Harmony Program, July 13, 2011).

115

“Joint Chiefs Chairman Presses Pakistan on Militant Havens,” New York Times, September 17, 2011; U.S. Says

Pakistani Spies Using Group for ‘Proxy War,’” Reuters, September 21, 2011; “U.S. Issues Sharp Warning on Militant

Ties,” Washington Post, September 21, 2011.

116

“Senate Armed Services Committee Holds Hearing on Iraq and Afghanistan,” CQ Transcripts, September 22, 2011.

Recently retired Defense Secretary Robert Gates later offered, “There’s little question in my mind that [the Haqqanis]

receive support and protection from the ISI.” Mullen’s strong language may have come as a result of his

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Secretary Panetta, testifying alongside Mullen, took the opportunity to add, “I think the first order

of business right now is to, frankly, put as much pressure on Pakistan as we can to deal with this

issue from their side.”117 The statements of America’s two top military officials were widely seen

to signal a new and more strident level of U.S. intolerance for Pakistan’s regional “double-game.”

Publically, the Obama Administration did not fully align itself with Admiral Mullen’s charges.

President Obama himself later stated, “I think the intelligence is not as clear as we might like in

terms of what exactly the [ISI-Haqqani] relationship is,” but he still insisted that the Pakistanis

“have got to take care of this problem” in any case.”118 Later reporting called the Wardak truck

bombing a “turning point” in hardening Secretary Clinton’s attitude toward the Haqqanis.119 In

ensuing months, Haqqani fighters have been implicated in numerous further attacks on coalition

targets in Afghanistan, including coordinated, country-wide attacks launched in mid-April, 2012.

Islamabad rejects claims that Pakistan is responsible for spates of violence in Afghanistan or that

it supports or has control over the Haqqanis. The Pakistani military called Mullen’s statements

“very unfortunate and not based on fact,” and categorically denied conducting a proxy war or

supporting the Haqqanis. A stern Foreign Minister Khar warned that, with such allegations, the

United States could “lose an ally.” President Zardari, in an op-ed response, said that “verbal

assaults” against Pakistan are damaging the bilateral relationship”120

A Haqqani Role in Afghan Reconciliation or FTO Designation?

As noted above, Pakistani officials have for nearly two years sought to facilitate a rapprochement

between the Haqqanis and the Kabul government, but close Haqqani links with Al Qaeda have

been a major sticking point (Al Qaeda figures are widely believed to enjoy sanctuary in Haqqanicontrolled areas). Pakistan—especially through its military and intelligence agencies—is seen to

wield considerable clout with the Haqqanis and may be the only actor able to prod them toward

negotiations. Unnamed Pakistani military officials have claimed they can “deliver” the Haqqanis

to a negotiating table and that this is the only viable policy option (on the assumption that a

military assault on Haqqani bases would only engulf the region in a conflict the Pakistani military

would likely be unable to win). However, by bringing the insurgent group into negotiations,

Islamabad would be guaranteed a central role in the ensuing process, a development some in

Washington and other interested capitals wish to avoid.

The Obama Administration has been considering formally designating the Haqqani Network as a

Foreign Terrorist Organization (FTO) under U.S. law, especially with pressure to do so coming

from some senior Senators, Armed Services Committee Chairman Senator Carl Levin and

Intelligence Committee Co-Chair Senator Dianne Feinstein among them.121 Seven Haqqani

(...continued)

disappointment that a planned Pakistani offensive against the Haqqanis—reportedly worked out between himself and

Kayani earlier this year—did not materialize (“Gates: Pakistan Spy Agency Tied to Militant Group,” Wall Street

Journal, October 6, 2011; “How Pakistan Lost Its Top U.S. Friend,” Wall Street Journal, September 28, 2011).

117

“Senate Armed Services Committee Holds Hearing on Iraq and Afghanistan,” CQ Transcripts, September 22, 2011.

118

Quoted in “Obama: Pakistan Must Sort Out Haqqani ‘Problem,’” Agence France Presse, September 30, 2011.

119

“Top US Delegation to Enlist Pakistan’s Help,” Associated Press, October 19, 2011.

120

ISPR press release, September 23, 2011; “Pakistan Warns US It Could ‘Lose an Ally,’” Financial Times (London),

September 23, 2011; Asif Ali Zardari, “Talk To, Not At, Pakistan” (op-ed), Washington Post, October 2, 2011.

121

“US Weighs Blacklisting Haqqani Network,” Agence France Presse, September 26, 2011.

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leaders have been under U.S. sanctions since 2008 and, in 2011, Secretary Clinton designated

operational commander Badruddin Haqqani under Executive Order 13224. However, the

potential decision on an FTO designation is complicated by the Administration’s apparent

willingness to negotiate with the Haqqani leadership, something that has occurred at least once in

the recent past (without result), and that Secretary Clinton has indicated may be necessary again

in order to establish sustainable peace in Afghanistan. The Haqqani Network Terrorist

Designation Act of 2011 (S. 1959) was passed out of the Senate by unanimous consent in

December 2011, but has not emerged from House committee to date. U.S. congressional

frustration with the Administration’s now overdue “formal review” on the question of FTO

designation has only increased in 2012.122

Pakistan and Improvised Explosive Devices (IEDs) in Afghanistan

Ammonium nitrate (AN) is widely used fertilizer that also has commercial uses as a chemical

explosives precursor. The great majority of improvised explosive devices (IEDs) used by Islamist

insurgents fighting in Afghanistan employ AN and, since the Kabul government’s January 2010

ban on the substance, nearly all illicit AN in Afghanistan is believed to arrive via transshipments

from neighboring Pakistan.123 According to data from the Pentagon’s Joint Improvised Explosive

Device Defeat Organization (JIEDDO), the summer of 2011 saw historic peaks in total IED

“events” in Afghanistan. However, with improved detection and clearing capabilities—and a

major increase in cache finds—the “effective” IED attack rate has declined.124 Section 503 of the

Intelligence Authorization Act of FY2012 (became P.L. 112-87 in January 2012) required the

Director of National Intelligence and Secretary of Defense to submit to Congress a report on a

coordinated strategy for countering IED-related networks in both Pakistan and Afghanistan. This

reporting requirement would be renewed by pending FY2103 legislation.

The U.S. government is urging Islamabad to adjust Pakistani national laws to restrict access to

AN there or, short of that, to encourage Pakistani law enforcement and border security agencies to

be more active and effective in efforts to prevent its movement into Afghanistan. Washington’s

relevant efforts fall into three main categories: (1) diplomatic initiatives; (2) law enforcement

initiatives; and (3) science and technology efforts. JIEDDO, the State Department’s SRAP staff,

and staff of the Department of Homeland Security’s Immigration and Customs Enforcement

office are engaged in these efforts. In addition, Operation Global Shield (also known as Project

Global Shield) is an unprecedented multilateral law enforcement operation launched in late 2010

to combat the illicit cross-border diversion and trafficking of 11 chemical explosives precursors

(including AN) by monitoring their cross-border movements. A U.S.-proposed collaborative

effort of the World Customs Organization, the U.N. Office on Drugs and Crime, and Interpol, the

program has realized some notable successes to date.125 Adding urea fertilizer granules to AN can

122

“US Secretly Met Afghan Militants,” Wall Street Journal, October 5, 2011; “U.S. Open to Afghan Peace Deal

Including Haqqani,” Reuters, October 11, 2011; “U.S. Lawmakers Want Pakistan Network to be Dubbed Terrorists,”

Los Angeles Times, May 11, 2012.

123

Pentagon officials have said that 85% of Afghan IEDs use AN manufactured in Pakistan (“Tensions With Pakistan

Rise Over Bomb Ingredient,” National Journal Daily, July 6, 2011).

124

Author interview with JIEDDO official, August 4, 2011.

125

Since 2010, 89 participating nations and international organizations have been sharing information about the export

of 14 precursor chemicals used IEDs. As of January 2012, Program Global Shield had accounted for seizures of

chemical precursors totaling over 62 metric tons and 31 arrests related to the illicit diversion of these chemicals.

(Homeland Security Department release, January 25, 2012; see also http://m.ice.gov/news/releases/1111/

111121washingtondc.htm).

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make processing the mixture for explosives more complicated and is recommended by experts.

Other options include adding colored dyes to the AN fertilizer to make it easier to spot at

checkpoints or adding radio frequency identification tags so as to track AN shipments.126

Pakarab Fertilizers Ltd., in the central Pakistani city of Multan, is the country’s largest fertilizer

complex and has been in operation since 1979 (it was privatized in 2005). As reported by the

Pakistani Ministry of Industries and Production, the Multan facility has produced well over

300,000 metric tons of AN annually since 2004.127 There is pending legislation in Islamabad that

would adjust relevant Pakistani national laws to further restrict AN and other precursors.

However, this “Explosives Ordinance” has remained in draft stage only, meaning that near-term

changes are unlikely. The Islamabad government has established a National Counter-IED Forum

in which all relevant Pakistani agencies can work together to develop an action plan. In the

absence of an outright ban, the United States has had to rely on Pakistani police and border

authorities who are vulnerable to corruption.

U.S./NATO Ground Lines of Communication

NATO has been dependent upon ground and air lines of communication (GLOCs and ALOCs)

through and over Pakistan to supply its forces in landlocked Afghanistan. To date, the logistics

routes used by NATO to supply the Afghanistan effort have been closed for six months as a result

of Pakistan’s anger over the Salala incident and broader pique about the state of its relationship

with Washington. The surface routes had regularly come under attack by militants, and were

temporarily closed in the past in apparent efforts to convey Islamabad’s leverage. In 2008,

insurgents began more focused attempts to interdict these supply lines, especially near the historic

Khyber Pass connecting Peshawar with Jalalabad, Afghanistan, but also to include the route from

Karachi to Kandahar, which runs through Quetta and the Chaman border crossing. Such efforts

left thousands of transport and fuel trucks destroyed, and numerous Pakistani drivers dead. To

reach the Afghan border from Karachi, truck drivers typically must pay bribes to police and other

government officials, and in some instances the trucks destroyed en route have first been emptied

of their fuel and other cargo, which can end up for sale at Peshawar markets.128

In response to interdiction attacks and to reduce reliance on Pakistan, the U.S. military began

testing alternative routes, concentrating especially on lines from Central Asia and Russia. By mid2010, this “Northern Distribution Network” (NDN) was carrying well over half of NATO’s total

supplies, but only “nonlethal” cargo moves via the NDN. While senior U.S. defense officials

prefer Pakistan as a faster and less expensive logistics route, they have continued to expand aerial

and NDN routes, even if the former is up to ten times as costly and the latter entails greater U.S.

reliance on authoritarian regimes in Central Asia.

Loss of the Pakistani GLOCs has proven to be less damaging to Afghan operations than many

expected. In early May, the British deputy commander of ISAF forces said they were “managing

very well” without the Pakistani GLOCs, but that reopening them would by “extremely helpful”

and also provide financial benefits to Pakistanis. Later in the month, Gen. Allen offered that

closure of the GLOCs “has not, in fact, negatively affected ... our prosecution of the

126

“To Stop Afghan Bombs, A Focus On Pakistani Fertilizer,” Washington Post, November 25, 2011.

See http://www.moip.gov.pk/fertilizerProduction.htm.

128

“Route of Death: Nato Supply Tankers Bribe Their Way to the Border,” Express Tribune (Karachi), July 11, 2011.

127

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campaign.”129 However, the Pentagon’s April report on Afghanistan and Pakistan called the

continued closure of the GLOCs a “strategic concern” that has hampered Afghan security forces

by backlogging thousands of tons of equipment for them. It counted more than 4,100 vehicles

“stranded” in Pakistan due to the closure while noting that airlift capabilities have limited the

closure’s effect on the movement of communications equipment and weapons. In withdrawing

from Afghanistan, NATO will need to remove at least 100,000 thousand shipping containers and

70,000 vehicles worth at least $30 billion.130

As the spring “fighting season” in Afghanistan approached in early 2012, U.S. commanders

became more insistent about the need to have Pakistani GLOCs reopened. In mid-March, all

major Pakistani political and military principles met and agreed “in principle” to reopen the

GLOCs and, as noted above, the Pakistani parliamentary review finalized in mid-April called for

same. By mid-May, senior Pakistani officials were indicating that reopening was imminent:

Foreign Minister Khar offered that, “Pakistan has made a point and now we can move on.”131

Statements from both governments suggested a deal had already been struck well before the

Chicago summit, with one report saying Islamabad was seeking a fee of $1,500-1,800 per truck.

Yet—only days before the Chicago summit—Pakistani negotiators reportedly proposed a fee of

$5,000 per truck, which would represent a 20-fold increase from previous levels. Such a drastic

price hike is seen to be especially hard for the Pentagon to accept, given that for many years use

of Pakistani GLOCs was considered to be “free” in exchange for billion of dollars in CSF

reimbursements paid to Islamabad.132 The Chairman and Ranking Member of the Senate Armed

Services Committee said the $5,000 fee was unacceptable; the latter Member reportedly called it

“extortion.”133 To date, negotiations on the issue have not reached a resolution.

Indigenous Islamist Militancy and Pakistani

Military Operations

Indigenous Militancy

Islamist extremism and militancy has been a menace to Pakistani society throughout the post2001 period, becoming especially prevalent since 2007, but the rate of attacks and number of

victims may have peaked in 2009. In addition to widespread Islamist violence, Pakistan currently

suffers from a serious and worsening separatist insurgency in its southwestern Baluchistan

province,134 as well as rampant politically motivated violence in the megacity and business capital

of Karachi.135

129

“DOD New Briefing With British Army Lt. Gen. Adrian Bradshaw Via Teleconference From Afghanistan,”

Pentagon transcript, May 9, 2012; “Briefing by General John Allen, General Doug Lute, and Deputy National Security

Advisor Ben Rhodes,” Pentagon transcript, May 20, 2012.

130

“Pakistan Hints It Will Soon Reopen NATO Supply Routes,” McClatchy News, May 15, 2012.

131

Quoted in “Pakistan Hints It Will Soon Reopen NATO Supply Routes,” McClatchy News, May 15, 2012.

132

“Pakistan Agrees to Reopen Supply Route,” McClatchy News, May 16, 2012; “Pakistan Asks $5,000 For Each

NATO Truck,” Washington Post, May 17, 2012.

133

“Levin and McCain: Don’t Pay Pakistan Exorbitant Trucking Fees,” Foreign Policy Cable (online), May 22, 2012.

134

Baluchistan is in the throes of its fourth full-blown separatist rebellion since 1948. This current round of simmering

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The U.S. National Counterterrorism Center (NCTC) reports significant declines in terrorist

incidents and related deaths in Pakistan since 2009. Nevertheless, its figures place the country

third in the world on both measures, after Afghanistan and Iraq. Suicide bombing is a relatively

new scourge in Pakistan. Only two such bombings were recorded there in 2002; that number rose

to 84 in 2009, before dropping to 51 in 2010 and 41 in 2010. Still, Pakistan accounted for nearly

half of all suicide bombing deaths worldwide in those years.136 In recent years, militants have

made sometimes spectacular attacks targeting the country’s own military and intelligence

institutions.137 A nearly 20% drop in rates of Islamist attacks in 2011 as compared to the previous

year generally was attributed to a combination of Pakistani military operations and U.S. drone

strikes in the FATA, along with some improvement in law enforcement in major cities such as

Islamabad and Lahore.138 Still, some observers view the Islamabad government as sometimes

being cowed by terrorists.139

The myriad and sometimes disparate Islamist militant groups operating in Pakistan, many of

which have displayed mutual animosity in the past, became more intermingled and mutually

supportive after 2009 (see text box below). U.S. leaders remain concerned that Al Qaeda terrorists

operate with impunity on Pakistani territory, although the group apparently was weakened in

recent years through the loss of key leaders and experienced operatives. The Tehrik-i-Taliban

Pakistan (TTP) emerged as a coherent grouping in late 2007. This “Pakistani Taliban” is said to

have representatives from each of Pakistan’s seven tribal agencies, as well as from many of the

“settled” districts abutting the FATA. The Quetta Shura Taliban of Mullah Omar is believed in

that city, as well as Karachi. The Haqqani Network of Afghan insurgents is based in the North

Waziristan and Kurram agencies of the FATA.

(...continued)

insurgency began in 2004 and is marked by serious human rights abuses on both sides. A new spike of violence caused

more than 600 deaths in 2011. Over the decades of Pakistani independence, many of the ethnic Baluch who inhabit this

relatively poor and underdeveloped province have engaged in armed conflict with federal government forces, variously

seeking more equitable returns on the region’s rich natural resources, greater autonomy under the country’s federal

system, or even outright independence and formation of a Baluch state. A largely incoherent insurgency is to date

unable (and perhaps unwilling) to take on the Pakistani army directly, preferring instead sabotage missions against

infrastructure targets. Faction leaders live in exile in several countries and have refrained from forming a united front,

in part because of the province’s strong tribal identities (“Baluchistan Separatists in Pakistan Beset by Divisions,”

McClatchy News, March 29, 2012).

135

Already alarming levels of political and ethnic violence in Karachi began to spike in July 2011, when four days of

mayhem left up to 95 people dead and prompted the Sindh government to issue “shoot on sight” orders to security

forces. Another spasm of violence in August brought the 2011 death toll to more than 1,000 and elicited calls for army

intervention. Targeted killings resumed in January 2012, and at least 800 people have been killed in politicallymotivated attacks so far in 2012. The interplay of the city’s ethnic-based political parties and heavily armed organized

crime networks has only worsened with a large Pashtun migration into Karachi from western Pakistan (“Violence

Escalates in Pakistan’s Karachi,” Jane’s Intelligence Weekly, May 18, 2012).

136

See the National Counterterrorism Center database at http://www.nctc.gov/wits/witsnextgen.html.

137

In February 2011, a suicide bomber killed at least 27 soldiers at a military training center outside Peshawar; in

March, a car bomb exploded near an ISI office in Faisalabad, Punjab, leaving some 32 people dead; in May, two

suicide bombers killed at least 80 paramilitary cadets in the northwestern town of Charsadda. Later that month,

militants raided Karachi’s Mehran Naval Station, killing 10 and destroying two U.S.-supplied aircraft.

138

“Pakistan: Militant Violence Down, But Fear Remains,” Associated Press, December 7, 2011.

139

Interior Minister Rehman Malik went so far as to thank Taliban militants for not undertaking anti-Shia attacks

during the late 2011 Shiite ritual of Ashoura (“Pakistani Minister Thanks Taliban for Not Bombing,” Associated Press,

December 6, 2011).

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Text Box: Islamist Militant Groups in Pakistan

Islamist militant groups operating in and from Pakistani territory are of five broad types:

•

Globally oriented militants, especially Al Qaeda and its primarily Uzbek affiliates, operating out of the FATA and in

the megacity of Karachi;

•

Afghanistan-oriented militants, including the “Quetta shura” of Afghan Taliban leader Mullah Umar, believed to

operate from the Baluchistan provincial capital of Quetta, as well as Karachi; the organization run by Jalaluddin

Haqqani and his son Sirajuddin, in the North Waziristan and Kurram tribal agencies; and the Hizb-I Islami party

led by Gulbuddin Hekmatyar (HiG), operating further north from the Bajaur tribal agency and Dir district;

•

India- and Kashmir-oriented militants, especially the Lashkar-e-Taiba (LeT), Jaish-e-Mohammed (JeM), and Harakat

ul-Mujahadeen (HuM), based in both the Punjab province and in Pakistan-held Kashmir;

•

Sectarian militants, in particular the anti-Shia Sipah-e-Sahaba Pakistan (SSP) and its offshoot, Lashkar-e-Jhangvi

(LeJ), the latter closely associated with Al Qaeda, operating mainly in Punjab; and

•

Domestically oriented, largely Pashtun militants that in 2007 unified under the leadership of now-deceased Baitullah

Mehsud as the Tehrik-i-Taliban Pakistan (TTP), then based in the South Waziristan tribal agency, with

representatives from each of Pakistan’s seven FATA agencies, later to incorporate the Tehreek-e-Nafaz-eShariat-e-Mohammadi (TNSM) led by Maulana Sufi Mohammed in the northwestern Malakand and Swat districts

of the Khyber Pakhtunkhwa province.

Pakistan’s densely populated Punjab province is home to numerous Islamist militant groups with

regional and global jihadist aspirations. Notable among these is the Lashkar-e-Taiba (LeT), a

U.S.-designated terrorist group with long-standing ties to the ISI. The U.S. government sees the

LeT posing a growing threat to U.S. national security. The Raymond Davis affair may have

exposed new and independent U.S. intelligence operations against the LeT in Pakistan.140 Many

analysts now identify the LeT as the most dangerous terrorist group operating in South Asia, one

that could grow into a global threat if left unchecked.141 LeT’s ostensible charity wing, Jamaatud-Dawa (JuD, also proscribed under U.S. and international law) has an expanding and

diversified infrastructure inside Pakistan.142

Husain Haqqani, Pakistan’s Ambassador to the United States from 2008 to 2011, decries his

country’s apparent fixation on U.S. violations of its sovereignty while paying little or no heed to

combating the “jihadist ideology” that has cost tens of thousands of Pakistani lives in recent

years. He recently has upbraided the country’s Supreme Court for directing its energy toward

dislodging the civilian government rather than seeking to bring terrorist leaders to justice. In

Haqqani’s view, the misguided national mindset was encouraged by military dictators as a means

of redirecting public attention: “Anti-Western Sentiment and a sense of collective victimhood

were cultivated as a substitute for serious debate on social and economic policy.”143

140

“A Shooting in Pakistan Reveals Fraying Alliance,” New York Times, March 13, 2011.

See, for example, Ashley Tellis, “The Menace That Is Lashkar-e-Taiba,” Carnegie Endowment for International

Peace Policy Outlook, March 2012.

142

By one account, JuD operates more than 300 offices, mosques, and madrassas, 200 health centers and 7 hospitals,

along with hundreds of commercial ventures, and one of the country’s largest ambulance fleets (Muhammad Amir

Rana, “The Case of JuD” (op-ed), Dawn (Karachi), March 25, 2012).

143

Husain Haqqani, “How Pakistan Let Terrorism Fester” (op-ed), New York Times, May 11, 2012.

141

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Domestic Military Operations

The Pakistan army has deployed at least 150,000 regular and paramilitary troops in western

Pakistan in response to the surge in militancy there, and the army has seen more than 3,000 of its

soldiers killed in combat. All seven FATA agencies and adjacent regions have been affected by

conflict; 2009 offensives in the Swat Valley and South Waziristan were notable. As noted above,

U.S. government assessments paint a discouraging picture of recent efforts. In most areas where

Pakistani military offensives have taken place, the “clearing” phase of operations has met with

some successes, but the “holding” phase has proven more difficult, and “building” is considered

impossible to initiate so long as the civilian administration’s capacity is severely limited.144

Independent analyses reach similar conclusions, saying Pakistani military offensives in Swat and

FATA from 2009 to 2011 had mixed results, at best. The army has seen major successes in at least

temporarily dislodging militants but, outside of Swat, military gains have not led to sustained

counterinsurgency progress, and no notable militant leaders have been killed or captured in

ground operations.145

The Pakistani air force claims to have flown more than 5,500 combat sorties over the FATA,

dropping more than 10,000 bombs—80% of them laser-guided—and destroying 4,600 targets.146

Sometimes bloody fighting has continued in the FATA as government forces press sporadic

offensives in the Kurram and Khyber agencies, in particular. Spring 2012 battles in Khyber—

home to the TTP-allied Lashkar-i-Islam (LI) led by Mangal Bagh—reportedly have driven more

than 500,000 civilians from their homes. After years of trying, the Pakistani army appears to be

having meaningful successes in degrading LI’s capabilities.147 Yet a simmering insurgency still

affects most FATA agencies. In January, TTP militants overran a Frontier Constabulary fort in

South Waziristan and executed 15 soldiers. Moreover, Bajaur suffered its worst militant attack in

more than a year when a TTP suicide bomber killed dozens of people in May 2012, the local

Bajaur Levies commander and his deputy among them, in apparent retaliation for the killing of an

Al Qaeda operative killed by those security forces in 2011.148

Yet, by many accounts the North Waziristan agency—home to the Al Qaeda- and Taliban-allied

Haqqani Network and the TTP forces of Hafiz Gul Bahadar, among others—is currently the most

important haven for both Afghan- and Pakistan-oriented militants. Pakistani officials have

continued to demur on urgent U.S. requests that their military move into what many consider the

“final” militant haven of North Waziristan, saying they need to consolidate the areas newly under

their control.149 Moreover, Pakistan’s military forces are new to counterinsurgency and

144

See the White House Report on Afghanistan and Pakistan, September 2011.

See, for example, Daud Khattak, “Evaluating Pakistan’s Offensives in Swat and FATA,” CTC Sentinel, October

2011.

146

Pakistan’s Air Chief Marshall cited in “PAF Made 5,500 Strike Sorties Over FATA,” News (Karachi), November

15, 2011.

147

“Pakistan Fighting Uproots Hundreds of Thousands,” Agence France Presse, May 14, 2012; Daud Khattak, “Mangal

Bagh and LI Marginalized in Khyber Agency,” Combating Terrorism Center at West Point (online), April 23, 2012.

148

“Suicide Bomber Attacks Checkpoint in Pakistan,” New York Times, May 4, 2012.

149

When pressed by Senate Armed Services Committee members to explain why Pakistan was not going after the

Haqqani Network and Quetta Shura, Centcom Commander General Mattis offered three key reasons: (1) “their difficult

relationship with India” that compels them to maintain a hedge; (2) the difficult terrain of the FATA; and (3) the impact

of mid-2010 flooding, which diverted Pakistani military resources away from counterinsurgency efforts (“Senate

Armed Services Committee Holds Hearing on the Fiscal 2012 Defense Authorization Request for the Special

Operations Command and the U.S. Central Command,” CQ Transcriptions, March 1, 2011).

145

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demonstrate only limited capacity to undertake effective nonconventional warfare. Pakistani

leaders have complained that the United States has been slow in providing the kind of hardware

needed for this effort, but Islamabad’s July 2011 ejection of U.S. military trainers has

dramatically hindered U.S. efforts to bolster Pakistan’s COIN capabilities.

FATA Militancy Dynamics and Possible Negotiations

Independent analysts assert that Pakistan’s military operations and “divide-and-conquer” political

approach, combined with drone strikes and internal militant power struggles, effectively

splintered the Pakistani Taliban in 2011, leaving scores of smaller and weaker factions, most of

which do not take orders from nominal TTP leader Hakimullah Mehsud. This development may

explain the major decrease in suicide bomb attacks in Pakistan last year.150 The apparently

volatile Mehsud has longstanding feuds with militant commanders Maulvi Nazir of South

Waziristan and Hafiz Gul Bahadar of North Waziristan, both of whom have struck truce deals

with the government.151 More recently, he is said to have been ordered killed by his own former

deputy, Wali-ur-Rehman, another senior South Waziristan militant commander who reportedly

feels Mehsud has made the TTP too close to Al Qaeda Arabs.152

Within this setting, Pakistani civilian officials suggested in late 2011 that they were open to new

negotiations with TTP militants, especially as the United States began to favor talks with the

Afghan Taliban. Deputy TTP chief Maulvi Faqir Muhammad claimed that meetings with

government representatives began in November. Rawalpindi remained silent on the alleged

initiative, however, and domestic and international concerns arose given the failure of similar

efforts in the FATA in 2005, 2006, and 2008 that appeared to leave the militants in a stronger

position. Weeks later, a TTP spokesman denied that any negotiations were underway and, in

March, Faqir reportedly was removed from his TTP position, likely for engaging in dialogue with

the government, a demotion that enraged his lieutenants in the Bajaur agency.153

Yet negotiations do appear to have taken place and may be continuing. By some accounts, Afghan

Taliban leader Mullah Omar has pressured Pakistani militants to make peace with the Pakistani

army as a means of reinforcing his own ranks. Al Qaeda and Haqqani group interlocutors are said

to have mediated an intra-militant pact to unify four major militant factions under Omar’s

leadership and based in the two Waziristan agencies. This “Shura-i-Muraqba”—comprised of the

Haqqanis and commanders Wali-ur-Rehman, Maulvi Nazir, and Gul Bahadar—is to direct its

hostility solely toward Afghanistan, unlike the TTP, which is at war with the Pakistani state.154

The Haqqanis are widely believed to be seeking to forward their own cause by ending the anti150

“Pak Taliban No Longer a Unified Group,” News (Karachi), November 15, 2011; “Pakistani Taliban Splintering

Into Factions,” Associated Press, December 4, 2011.

151

In mid- 2011, Nazir, who has been honoring a 2007 peace deal with the Pakistani government, vowed to escalate

attacks on American forces in Afghanistan in retaliation for intensified drone strikes on his region. Nazir is believed to

have more than 1,000 fighters at his disposal (“Pakistan Militant Group Vows to Escalate Fight in Afghanistan,”

Reuters, June 8, 2011).

152

“Pakistan Taliban Commanders ‘At Each Other’s Throats,’” Reuters, January 3, 2012.

153

“As Pakistan Eyes Peace Talks With the Taliban, Anxiety Builds,” Los Angeles Times, November 13, 2011;

“Taliban, Pakistan Said to Have Started Peace Talks,” Reuters, November 21, 2011; “Leadership Rift Emerges in

Pakistani Taliban,” New York Times, March 6, 2012.

154

“‘Mullah Omar is Pushing TTP to Reconcile With Govt,’” Express Tribune (Karachi), November 26, 2011; “In War

on NATO, Militants Call for Truce With Pakistan,” McClatchy News, January 3, 2012; “Militant Groups in Pakistan

Form United Front,” Washington Post, January 3, 2012.

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Pakistan insurgency and so focusing FATA militants’ attention on Afghanistan, a shift that no

doubt would be welcomed by the Pakistani military.155

New Counterterrorism Pressure on Islamabad

Pakistan’s status as a site and source of terrorist international activity continues to be a central

concern of the U.S. and other world governments. In April 2012, the U.S. government offered a

$10 million reward for information leading to the conviction of Pakistani citizen Hafiz Saeed,

leader of the terrorist group that undertook the 2008 Mumbai attack. The news was welcomed by

India, but caused further animosity in U.S.-Pakistan relations. Prime Minister Gilani criticized the

move as a “negative message” that would “further widen the trust deficit” between the two

countries. Opposition lawmakers used even stronger language in their denunciation of the

“ridiculous” U.S. announcement.156

Also in April, scores of well-armed militants assaulted a prison in the northwestern town of

Bannu near the FATA and freed nearly 400 prisoners, including one terrorist sentenced to death

for a 2003 plot to kill then-President-General Pervez Musharraf. A subsequent government

inquiry concluded that local police, paramilitary forces, civil administrators, and the intelligence

agencies were “collectively responsible” for the lapse.157 The raid successfully bolstered Pakistani

Taliban force levels and was a major propaganda coup that fueled already acute concerns about

the effectiveness of the Pakistani state’s security apparatus.

During a May 2012 visit to New Delhi, India, Secretary of State Clinton made a point of once

again requesting that Pakistan “do more” to clear its territory of terrorist sanctuaries, and she

chastised the Islamabad government for taking insufficient action against Hafiz Saeed.158 U.S.

officials remain acutely concerned about the apparent impunity with which Pakistan-based

extremist and militant groups are able to act. The senior Afghan Taliban leadership believed to be

in Quetta and Karachi, the Haqqani Network based in the North Waziristan and Kurram tribal

agencies, and U.S.-designated Foreign Terrorist Organizations such as LeT, Jaish-e-Mohammed,

and others in Pakistan’s Punjabi heartland appear to remain significant threats to the United States

and its allies, including those in Islamabad’s civilian government.159

Pakistan, Terrorism, and U.S. Nationals160

Long-standing worries that American citizens were being recruited and employed in Islamist

terrorism by Pakistan-based elements became more acute in 2010. In May of that year, Faisal

Shahzad, a naturalized U.S. citizen of Pakistani origin, attempted to detonate a large, but crudely

155

See the comments of Daniel Markey in “Gauging Taliban Moves in Pakistan” (interview), Council on Foreign

Relations, March 8, 2012.

156

Quoted in “Pakistan Lawmakers Criticize U.S. Reward for Militant Leader,” New York Times, April 6, 2012.

157

“Bannu Jailbreak: Police, Civil Admin, and Spy Agencies Held Responsible,” Daily Times (Lahore), May 17, 2012.

158

“Pakistan Dragging Its Feet on Mumbai Mastermind: Clinton,” Reuters, May 7, 2012.

159

Earlier in 2012, the U.S. Ambassador to Afghanistan reportedly sent a top-secret cable to Washington warning that

the persistence of Afghan insurgent havens in Pakistan was putting the entire U.S. strategy in Afghanistan at risk

(“Cable: Pakistan Havens a Threat,” Washington Post, February 25, 2012).

160

See also CRS Report R41416, American Jihadist Terrorism: Combating a Complex Threat, by (name redacted).

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constructed car bomb in New York City’s Times Square. The Pakistani Taliban claimed

responsibility for the attempted bombing, and the culprit himself confessed to having received

bomb-making training in western Pakistan. Four months later, Shahzad received a mandatory life

sentence in prison. Other cases linking U.S. citizens and residents with Islamist extremism in

Pakistan and terrorist plots against American targets are abundant.161

At least one Pakistani-born American was complicit in the 2008 terrorist attack on Mumbai,

India. In 2009, federal prosecutors charged David Coleman Headley, a Chicagoan convert to

Islam, with traveling to Mumbai five times from 2006 to 2008 as scout for the attack by the

Pakistan-based LeT terrorist group; he subsequently pleaded guilty to the charges. His case was

perhaps the first in which a former Pakistani military officer was directly linked to terrorism

suspects in the United States. Headley and another Pakistan-born Chicagoan, Tahawwur Rana (a

Canadian national), are believed to have reported to a retired Pakistani major suspected of being

an LeT contact. Headley also interacted with Ilayas Kashmiri, a now-deceased former Pakistani

special forces commando with close ties to Al Qaeda. The India

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