Must Read: "House and Senate Chart Different Courses on US Clandestine Support of Foreign Militias" by Tommy Ross

Image: A Syrian woman and child walk down a destroyed street as civilians and rebels prepare to evacuate one of the few remaining rebel-held pockets in Arbin, part of Eastern Ghouta, on the outskirts of the Syrian capital of Damascus. (Abdulmonam Eassa / AFP / 2018) 

In the latest Just Security article, “House and Senate Chart Different Courses on US Clandestine Support of Foreign Militias,” Tommy Ross, Senior Associate at CSIS, addresses the differing proposals set forth by both the House and the Senate outlining the future of Special Operations Forces and proxy warfare. Ross is also a member of the ABA's Center for Human Rights Expert Working Group, which examines the international legal framework governing proxy warfare. The Expert Working Group released the report, The Legal Framework Regulating Proxy Warfare, in December 2019 based on their findings and recommendations on the subject.

Ross' article describes the meaning of proxy warfare for the United States, including the its recent history with it. Below are snippets from Ross' article summarizing the proposals set forth by both the House and the Senate:

"The House recently passed its version of the Fiscal Year 2021 National Defense Authorization Act (FY21 NDAA). Section 1701 would direct the Comptroller General to conduct a comprehensive review of the 127e authority discussed above, and would establish procedural requirements for planning and ending programs conducted under that authority. This much-needed review offers an opportunity to reevaluate how the United States conducts proxy warfare through Special Operations Forces, both programmatically and strategically.

The good practices recommended by the Expert Working Group offer a roadmap to guide review at the programmatic level. Its recommended practices are divided into four categories:

• Risk assessments
• Oversight of assistance and its use
• Investigation of potential abuses
• Controls over the transfer of arms and equipment

...

An alternative to this future is presented by the Senate, which also recently passed its version of the FY21 NDAA. Its provisions, unfortunately, hold the potential to further remove special operations from accountability and transparency. Section 901 would elevate the assistant secretary for Special Operations and Low Intensity Conflict (SOLIC), the official directly responsible for civilian oversight of special operations forces and the range of activities these units conduct short of war, to a position reporting directly to the top two officials in the Defense Department. The assistant secretary for SOLIC would therefore have a direct line to the secretary of defense, bypassing policy processes designed to balance competing equities across different missions, regions, and services..."

Learn more by reading the full article here. 

ABOUT THE AUTHOR

Tommy Ross is a career national security professional and has worked in senior leadership positions in both chambers of Congress, the executive branch, and the private sector. As a senior associate at CSIS, his interests include U.S. security assistance, democracy promotion and institutional capacity building, defense strategy, and congressional national security oversight. In addition, Ross serves as Chairman of the Board of Directors for Mines Advisory Group – America, the U.S. affiliate of one of the world’s largest humanitarian demining NGOs.  Previously, Ross served as the first deputy assistant secretary of defense for security cooperation, in which capacity he led the most significant reforms to Department of Defense security cooperation, resources, and implementation in the department’s history. He joined the Defense Department after 12 years as a staff member in Congress. He served as senior intelligence and defense adviser to Senate Majority Leader Harry Reid (D-NV) and as legislative director for Representative David Price (D-NC) and Senate Majority Leader Tom Daschle (D-SD), advising each on national security policy. During his time with Representative Price, he also supported the House Democracy Partnership, a congressional commission working to strengthen institutional capabilities of legislatures in developing democracies. Ross is a graduate of Davidson College in North Carolina and holds an M.A. in theology and ethics from Union Theological Seminary in New York.

The opinions expressed here are those of the authors. These statements have not been approved by the ABA House of Delegates or Board of Directors and should not be construed as representing ABA policy.