THE VANGUARD

Journal of the Military Intelligence Corps Association

January 2011

MG John Custer relinquishes command of Intelligence Center of Excellence to BG Gregg Potter

www.micorps.org

THE VANGUARD
Volume 16 Number 1 Publisher COL Larry D. Bruns, USA, Retired Editor John DellaGiustina (LTC, Ret) Technical Editor Les Siemens Editorial Mail P.O. Box 13020, Fort Huachuca, AZ 85670-3020 Email: vanguard@micorps.org Website: http://www.micorps.org
Purpose: THE VANGUARD is the official journal of the Military Intelligence Corps Association (MICA) for its members and sponsors. The quarterly journal serves as a professional forum for sharing knowledge, preserving history, and honoring civilian and military members of the Corps. Disclaimer: All rights reserved. The opinions expressed in THE VANGUARD are those of the authors and do not necessarily represent the position of the MICA. The content does not necessarily reflect the official position of the U. S. Department of the Army or other U. S. Government organizations. Submissions: Submit articles, photographs, and other material to the Editor, THE VANGUARD, at vanguard@micorps.org. Please provide contact information, a description of the material, and a short biography. THE VANGUARD reserves the right to accept, reject, or edit any submissions at its discretion. Articles, photographs, and other material from THE VANGUARD may be reproduced, if they are not restricted by law or military regulations, provided proper credit is given and the Editor has given specific prior permission for each reproduced item. Change of Address: Please log in using your MICA membership username and password at www.micorps.org. In the User Menu you will find a Your Information link where you can replace your address of record. Postmaster: Send address changes to MICA, P Box 13020, Fort Huachuca, AZ .O. 85670-3020.

MICA Scholarships
The Military Intelligence Corps Association (MICA) Scholarship Program provides scholarships for individuals pursuing undergraduate degrees or technical certifications. Scholarships may be used for attendance at regionally accredited colleges, universities, or state approved vocational schools/technical institutions. Who is Eligible? Applicants must be a current individual member of MICA or a family member of such. Family members are considered a spouse, children, or immediate relative living with or supported by the qualifying MICA member. Applicants must be pursuing their first undergraduate (Associates or Bachelors) degree or a technical certification. Applicants already possessing an undergraduate degree or seeking a graduate degree are not eligible. Previous MICA Scholarship recipients may compete for subsequent scholarships. How to Apply Complete instructions and application forms are located on the MICA website at www.micorps.org. Information on MICA membership is also available on this website. Applications must be mailed and postmarked no later than 15 May 2011. Late or incomplete applications will be returned to the applicant without consideration. Send completed application to: MICA Attn: MICA Scholarship Chairman P Box 13020 .O. Fort Huachuca, Arizona 85670-3020

Check your Mailing Label Please check your mailing label with every issue of The Vanguard. Your membership renewal date is shown next to your name. You can easily renew online by logging into the member area at www.micorps.org. The login area tells you how to reset a lost password. When you login, the Your Information link on the User Menu takes you to a form which allows you to view and update your membership contact information, see your expiration date, and renew online using a credit card.

Notes from the President

During the recent Intelligence Warfighting Summit, MICA was honored to present the first annual Wayne M. Hall Advanced Analysis Scholarship Awards. Mr. Matthew Herbert of the 66th Military Intelligence Brigade and CW2 Jeffrey Jenkins of the 34th Infantry Division are the scholarships first awardees. Each was given a certificate and a $10,000 check to further their professional education in analysis. Photos and short write up of the event are in this edition of the Vanguard. The MICA team and Brigadier General (Retired) Mike Hall are already in the process of preparing for next years award. Solicitation for nominees will begin in March with general notification to all commands and agencies. The Fort Huachuca Chapter raised $10,000 for the general scholarship fund and presented a check for that amount to MICA National staff in November. Colonel (Retired) Richard Laszok and his team worked extremely hard to raise these resources so that we can increase the size of the scholarship awards in the coming year. We are in the process of preparing the notifications for the MICA general academic scholarships, which are awarded to MICA members in good standing, their spouses, and children. SGM Bova of OCMI is our lead on this years effort. Please see specific scholarship information in this edition of the Vanguard. As always, our prayers go out to those Military Intelligence professionals serving in Iraq and Afghanistan as well as other locations overseas. We are justly proud of your contributions to the Nation, the Army and our Corps. We await your safe return. Larry Bruns National President Military Intelligence Corps Association

MICA National Executive Committee President COL Larry D. Bruns, USA, Retired president@micorps.org Vice President Mr. William F. Morgan, Jr. vicepresident@micorps.org Secretary Mr. Christopher L. Friend secretary@micorps.org Treasurer vacant For information on memberships, chapters scholarships and awards, please contact: Executive Director Mrs. Lisa Camberos execdir@micorps.org

Contents
MICA Scholarships 2 Notes from the President 3 Intelligence Analysis: How to Think in Complex Environments 4 The Influence of Islamic Law on Intelligence and Law Enforcment 9 2010 Intelligence Warfighting Summit, Fort Huachuca 13 Biometrics and Forensic Summit Slated for April at Fort Huachuca 13 Intelligence Center of Excellence Change of Command Ceremony 8 December 2010 15 The MICA Advanced Analyst Scholarship Awarded for the First Time 16 Pastoralists in the Horn of Africa 20 The Influence of Somali-Issa Culture on Human Trafficking and U.S. Relations 23 Chapter News Feature 26 CW5 Leslie Caster Receives Knowlton Award 27

Intelligence Analysis: How to Think in Complex Environments

By WO1 Jeff Jenkins
This article is a summary and interpretation of the key theories and concepts from: Intelligence Analysis; How to Think in Complex Environments (Wayne M. Hall & Gary Citrenbaum, Praeger Security International, 2010)

windows of opportunity, as well as the ability to create, manipulate or exploit them, is the key to creating an intelligent design for informed operations and decision making. These complex environments contain complex adaptive systems (CAS). A system [by itself] is defined as: a set of related or interacting variables that function together for a specific purpose. In the most general sense, a system is a group of independent but interrelated elements comprising a unified whole1. A CAS, on the other hand, is analogous to an organic or biological system. Organic systems (including social systems like insurgencies) are complex and adaptive. Their behavior results from the interactions and relationships between the entities that make up the system in focus and the environment2. A theater of irregular warfare is an ecosystem in which many groups and entities interact (like organisms in a biological ecosystem); outputs from one become inputs for another and contribute to emergent systems behavior. For example: some groups in a theater feed off outputs from others, using these as inputs for their own purposes. This creates feedback loops that drive insurgent theaters in particular directions, regardless of the subjective intentions of local groups. So, localized groups who subjectively compete can actually be cooperating at the systemic level3. Complex systems analysis shows that active fighters are only the tip of the iceberg in insurgent systems and, therefore, counterinsurgency must address the whole system in a coordinated fashion David Kilcullen In the COE, the adversaries that we face use a system of networks and cells that are difficult for us to recognize and locate. This owes much to the fact that the antagonists usually share ethnicity, culture, and language with a local population that is most likely tribal, pastoral, patriarchal and xenophobic. This makes it difficult for foreigners (U.S. Military) embedded in a hierarchical system short on human terrain personnel, expertise and knowledge networks, to exploit. The goal being: to exploit weaknesses of, or mistakes made by, the enemy. In contrast, the traditional systems of both U.S. operations and intelligence are cumbersome in comparison. They were designed for a 19th century industrial revolution where hierarchies were more practical and efficient. This is not to say that our traditional systems have not served us well or that they do not have advantages. It is important to remember that our strength and ability to command and control large numbers of

Introduction The operational environment in which we are now, and for the foreseeable future will be, operating is complex and confusing. It is in many ways, what seems to be a world of smoke and mirrors. A modern intelligence system that is founded in Advanced Analysis is how we understand that environment. It is how we make sense of the ever changing systems that make up that environment so that we can anticipate and target not only people, places and things; but build an intelligent design and create effects based on a desired end-state. The key theories and concepts from: Intelligence Analysis; How to Think in Complex Environments is a roadmap for this undertaking. There is no question that these concepts are not only necessary, but critical to future U.S. military effectiveness and success. Without understanding the environment, one cannot understand and properly apply intelligence. Without good intelligence, a counterinsurgent is like a blind boxer wasting energy flailing at an unseen opponent. With good intelligence, a counterinsurgent is like a surgeon cutting out the cancers while keeping the vital organs intact. Eliot Cohen The Operational Environment As previously stated, the contemporary operating environment (COE) in which the US Military is operating, is complex and fluid. These environments are made up of systems that are non-linear and made up of many parts that all have an effect on each other. In this environment, seemingly small events can have secondary or tertiary effects, often with the potential to have a strategic impact (aka strategic compression). In what appears to the untrained eye as chaos, there is order. Advanced analysis (A2) allows us to find that order, so that anomalies can be recognized and exploited. Complex environments are full of variables. Recognizing and understanding these variables or
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personnel and equipment is, at the same time, our Achilles heel. We are accustomed to a strict hierarchy which allows command and control. The problem is that this usually impedes communication and intelligence. Our enemy is able to exploit this because his organization is largely cellular, network-centric and much more fluid. In order to overcome this, we must adopt a hybrid system that allows the vertical command and control of a hierarchy and the real-time communication flow of a network. This would also allow us to be flexible, fluid and avoid attempting to swat flies with sledgehammers4.

Problems and Solutions If I had an hour to save the world I would spend 59 minutes defining the problem and one minute finding solutions Albert Einstein Specificity Problem: One of the greatest limitations of the traditional intelligence process is specificity. Because of the COE and the non-linear, evolving nature of the systems and networks of potential contemporary enemies, we are no longer able to use linear or fixed plug and play templates to conduct analysis. Solution: This different (reluctance to say new) paradigm requires more specificity against an adversary that uses neither an organizational nor standard military structure. We must create either a system or a culture, where analysts not only have the depth and availability of knowledge, but also aggressively and habitually create observables and drive collection. Advanced Analysis and Collection Management Problem: Driving collection requires the understanding of, and ability to, pair requirements and observables with assets or the proper mix of sensors. Analysts must have the ability to work with and help collectors understand observables and recognize indicants, however subtle, that will eventually lead to the answering of commanders Priority Information Requirements (PIR). Traditionally this lack of understanding and specificity often lead to collectors conducting area reconnaissance or wasting energy flailing at an unseen opponent hoping to get lucky. ISR and collection management in a full spectrum environment are more than a full time job. Solution: These tasks require the task organizing of dedicated, intellectually competent advanced analysis and collection professionals with the knowledge necessary to effectively drive, synchronize, and integrate the collection that satisfies full spectrum requirements.
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Synthesis: Problem: Very often the pieces of data collected in the COE does not provide the so what that makes them actionable. This is achieved through synthesis. Synthesis is what turns raw information into intelligence. Solution: Building a network-centric environment that includes information and intelligence sharing system of systems (SoS) would allow us to take the pieces of the disaggregated puzzle and put them together or aggregate them. This would be the result of processes such as link analysis, time event analysis; association matrices, graphic imagery overlays of human terrain, etc., that in turn would be the result of effective collection tasking and management. This type of synthesis helps us to not only see the enemys centers of gravity but also anticipate his actions. Synthesis allows us to map his systems and networks by taking seemingly meaningless pieces of information and building a picture out of them. Analytical Depth of Knowledge: Problem: Todays analysts are often lacking in the depth of cultural knowledge (leading to cultural understanding and cultural expertise) required to conduct advanced analysis in the COE. The human (cultural) terrain has become as important now as is the key physical terrain that is referred to in OAKOC (the terrain analysis step of troop leading procedures). Solution: We must provide analysts with the cultural training necessary for them to conduct advanced analysis of the environments and systems that they are working with. This allows analysts to foresee the possible second and third order effects of direct actions; it can also help them work more effectively with indigenous SMEs which will in turn help to avoid mirror imaging. Depth of cultural expertise and the use of indigenous SMEs are particularly indispensible when conducting HUMINT operations. When I took a decision or adapted an alternative, it was after studying every relevant and many an irrelevant factor. Geography, tribal structure, religion, social customs, language, appetites and standards all were at my fingerends. The enemy I knew almost like my own side. T.E. Lawrence. Initiative: Problem: Analysts are not sufficiently taught or encouraged to constantly strive to take initiative. In many cases, quite the contrary is actually true. The Stay in your lane attitude is still very pervasive in our

military culture. It should actually be difficult to determine where intelligence (S2) stops and operations (S3) begins. This is the symbiotic engine that drives advanced ISR synchronization and integration. Solution: Analysts and their leadership gain the initiative with the ability to anticipate the enemys thoughts and actions. They keep the initiative with the ability to force the enemys hand. Intelligence professionals must transition from a current requirements orientation to an anticipatory approach while consumers shift their mindset from one of fighting with knowledge to fighting for knowledge5. This mindset is a perfect illustration of the symbiosis between intelligence and operations. Intelligence drives operations and operations in turn create more intelligence. In counterinsurgency, the initiative is everything. If the enemy is reacting to you, you control the environment. Provided you mobilize the population, you will win. If you are reacting to the enemy, even if you are killing or capturing him in large numbers then he is controlling the environment and you will eventually lose. In counterinsurgency, the enemy initiates most attacks, targets you unexpectedly and withdraws too fast for you to react. Do not be drawn into purely reactive operations: focus on the population, build your own solution, further your game plan and fight the enemy only when he gets in the way. This gains and keeps the initiative6.

Analytical Over-Watch: Problem: Although some improvements have been made, our military intelligence community is still lacking in intelligence analytical over-watch. This is the result of organizational, cultural and technological factors. As a military institution we have yet to fully encourage or organize the use of Virtual Knowledge Environments (VKEs), Centers of Excellence (COEs) or Subject Matter Experts (SMEs). There are still too many intelligence professionals (many of them senior ranking) who do not know about (or how to use) NGIC, INSCOM, or national level agencies and their resources. The Intelligence Knowledge Network (IKN), the Battle Command Knowledge System (BCKS), and Project FOUNDRY are also examples of underutilized resources. We still have not fully embraced a doctrine that encourages intelligence sharing and decision making at the lowest possible operational and tactical levels. Solution: As a military we must embrace the Hive mentality that is encouraged by a network-centric information and intelligence sharing system and culture. With the proper training and oversight it is possible

to put these initiatives into motion and still maintain command and control; giving us the best of both worlds. Todays analysts need access to pools or bases of knowledge that they can reach into for not only information, but collaboration as well. This collaboration can take several forms. Intelligence analysts also need access to other analysts as well as SMEs. This serves a couple of purposes; collaboration with other analysts allows a swarming of advanced analysis giving the power and time of multiple minds vs. one as well as facilitating a Red Teaming effect. Collaboration with an SME allows a cultural depth of knowledge that the analyst can use to perform advanced analysis as well as avoid mirror imaging. The military and IC must also aggressively pursue an infrastructure that supports a bottom up and lateral intelligence feed that gives company (lower echelon maneuver) commanders analytical and targeting capabilities needed to support real-time decision making in a very fluid battlespace. This infrastructure also allows a constant bottom-up refinement of the situational awareness needed by higher echelon commanders for their MDMP targeting, IR refinements and lethal/non-le, thal effects planning. Company Intelligence Support Teams (CoIST), the Tactical Ground Reporting (TIGR) system and Command Post of Future (CPOF) used in concert with DCGS-A are steps in the right direction. Unfortunately, institutionalizing the right tools and capabilities into doctrine and enduring programs of record is slow to catch up with effective systems in the field and validated TTPs.

Setting the Stage Setting the stage for advanced analysis requires the intelligence community and the military in general to embrace, implement and perfect a number of very important enablers, including the following: Analytic condition setting: Analytic condition setting is both a product and facilitator of initiative; both operational and informational. This type of condition setting is the result of close collaboration between the people responsible for current operations, for future plans and whoever is responsible for knowledge management (usually the signal staff). Without this type of condition setting, analysts become largely reactionary which seriously impedes gaining the initiative. Commanders and operations officers do not like surprises. Condition setting allows anticipation, the creation of contingency plans, and the building of alternate courses of action (both enemy and friendly). Analytic condition setting is extremely important in the very fluid COE and fits
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into three areas of thought and influence: data, sensor and knowledge architecture. Data Architecture: Analysts as well as collection specialists must have an effective data architecture that supports the needs of operating in the full spectrum that is the COE. Both analysts and collectors need access to data farms and pools of knowledge that are spread all over both public and closed systems. Some cost money, others have access requirements and many have differing architectures. This type of access and coordination takes time. This type of architecture is much more effective when organized both formally and in advance instead of ad-hoc when the knowledge is needed yesterday. Sensor Condition Setting: Often the collection specialists (through no fault of their own often due to op-tempo) responsible for operating and managing sensors do not have macro level view necessary to prognosticate or anticipate requirements. The analyst can provide observables that are the product of decomposition, that drive who, what, when and where the collectors and sensors look. This gives the collectors and sensor operators a view that is not myopic or though a soda straw. Knowledge Architecture: Knowledge, quite simply, is power. The type of networks need to predict and satisfy future command decision requirements is facilitated by a network-centric hive environment we have already discussed in detail. The analysts cannot wait for someone else to set this up, this will most likely have to be driven by them. This will give the intelligence community both reach-back and over-watch ability. Again this must be accomplished before it is needed instead of on the fly or ad-hoc which can be next to impossible due to op-tempo, physical distances, access abilities and architecture differences.

is far too important to leave to ad-hoc arrangements or happenstance. A VKE helps decision makers with the constantly changing knowledge requirements that are such an important part of success in the very fluid COE.

Analytic Guidance to Collectors As previously stated our success in current and future operating environments depends on overcoming the traditional gaps and barriers between analysts and collectors as well as intelligence and operations. A true fusion of disciplines is needed to nurture the symbiosis of these entities. This is what lies at the heart of targeting and effects based operations. Operators need specific details like context (the why) or the (who, what, when, where) as well as how to collect. This prevents the flailing in the dark or soda straw view syndrome. They also need detailed descriptions of specific observables (cultural, functional, situational, biometric, technical) with which to look as well as standards like earliest or latest times that information is of value (ETIOV or LTIOV). The analyst must also have the ability to help the collector or operator think like the enemy; to allow them a view from the enemys perspective. Advanced analysts must be highly sensitive of the fluid environment so as to avoid static IRs or PIRs that can quickly become outdated, ineffective or irrelevant. Analytic War-Gaming Analytic war-gaming is an enhanced version of Colonel John Boyds OODA loop model. It consists of anticipate, observe, war-game, orient, decide, act and measure outcomes and activities or (AWOODAM). This practice of act-react-counteract needs to permeate all ranks of both intelligence but operations professionals (cells and working groups). This model forces intelligence and operations planners to conduct pendulum thinking; which is to anticipate the enemys thoughts and activities (back and forth) as they relate to everyone and everything in the operational environment. This allows analysts and operations professionals to understand how the enemy sees the operational environment as well his most probable courses of action to set the conditions or design for his activities. This allows the development of observables that will give early warning of impending actions. VKEs play a huge role in analytic war-gaming; which is optimum when conducted in an M&S or synthetic environment. These types of synthetic settings are very specifically focused with both physical and intangible factors realistically portrayed.
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Virtual Knowledge Environments (VKEs) A virtual knowledge environment serves several purposes: 1) it provides an almost immeasurable amount of knowledge to commanders as well as operations, and intelligence professionals 2) it provides virtual real-time specialized SME expertise 3) it gives commanders as well as operations and intelligence professionals access to a depth and breadth of knowledge allowing educated and timely decisions that often facilitate seizing the initiative. The VKEs consist of knowledge brokers, problem managers, SMEs, centers of excellence, and highly skilled world class data scientists. This type of reach-back capability

Analytic Strategies Advanced analysts must have analytic strategies in place to prevent chaos, assign work, and establish priorities or lines of effort. An analytic strategy provides a virtual roadmap as a way to think plan and execute analytic missions. This strategy or plan is a method or series of actions that that are designed to gain a desired result. Some of the elements of analytic strategies include: mission priorities, knowing what other, analysts are doing, nurturing the hive mentality, vision, defining the OE and adversary, goals, mini-strategies, condition setting, resources, constraints, red teaming to prevent common critical thinking errors, analysis collection activities and focus. This strategy must come from two places: the senior intelligence analyst who sets the environment or example and from individual analysts who cultivate a strategy as a result of experience and mentoring. The Details of Advanced Analysis Advanced analysis is the high level cognitive processes for producing high level detailed thought and understanding of the OE. It is designed and intended to produce knowledge superior to that of the enemy. There are fourteen essential elements (techniques and procedures) to advanced analysis and they include: Decomposition: Breaking a thought, activity or series of events into basic elements to discern meaning or to facilitate a more complete understanding. Critical Thinking: An intellectual process that examines assumptions, discerns hidden values, evaluates evidence and asses conclusions. It could be described as thinking about thinking. It is the decomposition of the thinking process that helps improve not so much what we think but how we think. It requires the ability to think introspectively and assume alternate perspectives. The essential elements of critical thinking are: introspection, logic errors, deep think, dialectic, think like the opponent, will, red teaming and non-linearity. Link Analysis: Gaining insights and meaning from behavioral and functional relationships; means of communications and connections between people and organizations as well as individual associations, groups and networks. This is extremely important to synthesis and key in creating order out of what seems like chaos. Pattern Analysis: Discerning meaning in a consistent series of patterns or events.
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Trend analysis: Discerning meaning from functionally-oriented events that occurred in the past to understand how functionally similar events could occur in the future. There are four types of trends that are important to the subject of trend analysis: human/ social, functional, technical, and organizational. Trend analysis usually evolves on what is call a bathtub curve. There are three kinds baselines that form this curve: technical, cultural and functional. Anticipatory Analysis: Using thought, intuition, knowledge, foreknowledge, experience or prescience to realize in advance what the adversary might do and then testing, confirming or denying the hypothesis or postulate. Technical Analysis: Gaining knowledge and understanding about the technical aspects of particular events, transactions, situations and activities. Tendency analysis: Discerning meaning through the thought and study of the general proclivities of people, the behavioral and action inclination of organizations, mental snapshots of the current environment or context situations; events, activities and behaviors; the emanation dispersal of energy emissions, and what the interaction and enmeshing of all could portend for the future. Cultural Intelligence Analysis: Knowing a particular culture and people as well as their patterns of behavior deriving from traditional, culturally induced attitudes behaviors, social norms and conditions (the human terrain). Anomaly Analysis: Discerning meaning in departures from the normal or common order, form, or rule; absence of that which is expected. Semiotics Analysis: Discerning meaning of cultural signs and symbols reflected in drawings, paintings, photographs, syntax, words, sounds, body language and graffiti. Aggregation analysis: Discerning the meaning of a number of things numbering from a few to millions that are grouped, moving or working together and considered a whole. Recomposition: Human and machine driven recompilation of data to gain knowledge, information and understanding. Synthesis: Combining elements of substances to form a coherent whole.

Technology The proposed doctrine, techniques and procedures in this book are mostly cognitive. However, cogni-

tion is a human endeavor and humans have limits and are cursed by a predisposition to errors in logic. Technology can help us with decomposition, synthesis, recomposition and the creation of observables. It has the potential of being able to alert analysts and collectors of sensitive variables so that they can be exploited. Technology also has the potential help us see when link, pattern and trend decay is setting in so that we can shift fire in a timely manner.

and conduct analytical over-watch. We are now in the 4th generation of warfare, which is no longer linear or strictly kinetic based. As previously stated the paradigm has changed the mindset from one of fighting with knowledge to one of fighting for knowledge. We must embrace these techniques and procedures in order to ensure our continued success in the long war. It is no longer a question of if, but how; nor one of, can we afford it but rather can we afford not to.
WO1 Jeff Jenkins is one of two winners of the 2010 Wayne M. Hall Advanced Analysis Scholarship. He is assigned to the 1 HBCT, 34th Division in the S2X/HUMINT Section.

Conclusion The driving philosophy of the ideas presented in the book Intelligence Analysis; How to Think in Complex Environments is to implement a system of advanced analysis that will give warfighters the ability to think faster and outwit any present or future adversaries. This proposed doctrine, techniques and procedures are designed to champion a change from the hierarchical, compartmentalized status quo to an agile network-centric hive of knowledge and information to support commanders needs. Although all of the proposed doctrine, techniques and procedures in this book are important, a few rise to the top of the list. These include: the explanation of complex adaptive systems (CAS) and non-linearity and how these concepts help us think about and analyze the COE; the processes of critical thinking; the proposition that analysts should be intimately involved in driving collection; and the need to institutionalize

Endnotes
1 bin/webwn?stage=1&word=system 2 See www.changezone.co.uk/glossary/ 3 Countering Global Insurgency; A Strategy for the War on Terrorism By Lieutenant Colonel (Dr.) David Kilcullen 4 WO1 Jeff Jenkins, Company and Battalion Level Maneuver Units and their Intelligence Role in the Contemporary Operating Environment and Counterinsurgency Operations (COIN) 5 Joe Burlas, Initiatives Seek to Transform Army Intelligence Capabilities, Army News Service 13 April 2004 6 David Kilcullen, 28 Articles of Counterinsurgency

The Influence of Islamic Law on Intelligence and Law Enforcment

By William Gawthrop
This article examines the influence of the Sharia on U.S. intelligence and law enforcement across strategic, operational and tactical levels of doctrine.

only truces, whose duration ought not, in principle, to exceed ten years are authorized. But even such truces are precarious, in as much as they can, before they expire, be repudiated unilaterally should it appear more profitable for Islam to resume the conflict. 13 Against this background, understand that you are, and will always be, at war. One characteristic of that war is, and will be, a clash of doctrines that will be most visible in the interview and interrogation rooms.

The Strategic Environment: The Perpetual War: dar-al Islam vs dar al-harb: The Islamic World view divides the world into the House of War and the House of Islam (dar al-harb and dar al-Islam)1 and state of war, not peace, perpetually exists between Islam and unbelievers2,3,4,5,6,7,8,9,10,11,12. Peace with non-Muslims is therefore a provisional state of affairs only; the chance of circumstances alone can justify it temporarily. Furthermore there can be no question of genuine peace treaties with these nations;
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The Operational Environment Intelligence and Law Enforcement doctrine are characterized by interviews and interrogations of subjects, victims and witnesses and the object of the investigation is the truth of the matter. Americans come from a Truth Culture; I cannot tell a lie I cut down the Cherry Tree. Such may (may) not be the case in Islamic Law14 and this is a source of conflict.

Evolution of Islamic law Islamic law evolved through the Meccan and Medina periods reflecting the stages of Muhammads political thought. During the Meccan period believers were threatened, assaulted and occasionally murdered by their unbelieving families and neighbors and Mohammad prescribed moral and ethical mandates, discouraged confrontation and advocated polite disassociation to reduce adversarial encounters between the Muslim and Non-Muslim communities. These included the development of defensive social doctrines known as dissimulation including kitman (Concealing; keeping a secret)15, and takiyya (denotes dispensing with the ordnances of religion in cases of constraint and when there is a possibility of harm).16,17 Another doctrine is disassociation; reducing contact with non-believers to the essential minimum.18As early coping mechanisms, these defensive doctrines gained scholarly acceptance and during the Medina periods became precedence codified in Islamic law. Muhammad gave practical guidance for the resolution of conflicts by encouraging Muslims to carefully gauge contact with non-Muslims to protect against hostile and subversive forces. Pertinent revelations include Suras 3:28, 4:139, 4:144, 5:57, 9:23, 9: 29, 60:1, 60:2., 60:3, and 60:13.19 The central themes with U.S. intelligence and law enforcement implications are: do not take disbelievers as protectors, helpers or friends (Sura 3:28) (4:144) (5:57) (60-1) (60:3) (60: 13) those who do take disbelievers as protectors, helpers or friends are untrustworthy (4:139) avoid family members who take disbelievers as protectors, helpers or friends (9:23) fight disbelievers (9:29) If disbelievers gain the upper hand over you they will behave as enemies and stretch forth their hands and tongues against you with evil to induce disbelief. (60:2) Interpersonal Relations Mohammad sought to foster forbearance and tolerance among the faithful and mandated the reduction or elimination of undue social inquisitiveness about private matters. He gave clear guidance on issues of propriety, appropriate and inappropriate social inquiry, preservation of confidences and secrets, prohibitions on slander, and the exigencies of dissimulation which can be found in the Koran, traditional accounts
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of Mohammads life (the Sira20), the example of Mohammad (the Sunna21) and the traditions associated with his sayings (the Haddiths).22 These sources are foundational to Islamic Law.

Islamic Law Islamic law may found in fiqh manuals23 similar to how Title 10 of the US Code may be found in a hard bound copy of the Uniform Code of Military Justice. Fiqh and other doctrinal manuals provide insight to the obligatory (wajib), recommended (mandub), permissible (mubah), prohibited (haram) or the repugnant (makrub) categories of behavior24 and the more readily available manuals included Riyad-us-Saliheen,25 The Distinguished Jurists Primer,26 The Book of Revenue,27 Al-Masqasid: Nawawis Manual of Islam28 and Umdat al salik (Reliance of the Traveller) 29. Agents, analysts and supervisors should have these texts. The Tactical Environment: Visible Conflict Investigative phases include the questioning of witnesses and subjects, interpretation of the interviews and evidence, drawing conclusions concerning culpability, and the referral of the investigation for subsequent state action. Specifically, the investigator asks about the actions of another, solicits incriminating evidence, tries to expose secrets, and carefully reviews testimony for accuracy. In some cases, the services of a translator may be required. If any member of the investigative team, subject, witnesses or victims are also subject to the Sharia, conflicts may (may) rise with regard to the integrity and investigative rigor required of an Intelligence or Law Enforcement investigation. Sources of Conflict Some areas of possible, but not necessarily inevitable, conflict may be found in Reliance of the Traveller which is comprised of 22 chapters addressing wide ranging topics governing daily life. The most relevant chapter from an intelligence and law enforcement perspective is Holding Ones Tongue which is comprised of 40 sections. Eleven (11) sections are relevant to law enforcement and intelligence analysts. They are Slander, Two People Conversing So That A Third Cannot Hear, Informing on Another, Lying, Giving a Positive Interpertation to Anothers Seeming Mistakes, Giving a Misleading Impression, Picking Apart a Brothers Words, Asking About Anothers Mistakes, Searching Out a Persons Faults, Rejecting a Brothers Excuse, and Revealing a Secret. The following provisions should be assessed from the perspective of one member of the investigating

team, or a subject, victim or witness having an obligation to the Sharia. Slander. Slander, in the Western context, is the utterance of false charges or misrepresentations which defame and damage anothers reputation. Within the Sunni Islam tradition, slander means mentioning anything concerning a person that that person would dislike. The investigator, seeking the truth of the matter from a member of the umma about another member may (may) be inducing the moral and legal appearance of soliciting slander. Slander means to mention anything concerning a person that he would dislike, whether about his body, religion, everyday life, self, disposition, property, son, father, wife, servant, turban, garment, gait, movements, smiling, dissolution, frowning, cheerfulness, or anything else connected with him. 30 Do you know what slander is? They answered, Allah and His Messenger know best. He said, It is to mention of your brother that which he would dislike. Someone asked, What if he is as I say? And he replied, If he is as you say, you have slandered him, and if not, you have calumniated him.31 The Muslim is the brother of the Muslim. He does not betray him, lie to him, or hang back from coming to his aid. All of the Muslim is inviolable to his fellow Muslim: his reputation, his property, his blood. Godfearingness is here (the heart). It is sufficiently wicked for someone to belittle his fellow Muslim.32 Two People Conversing So That A Third Cannot Hear. Muhammad said, When there are only three of you, two of you may not speak together apart from the third unless you join a group of others, lest your doing so sadden him.33 This has been interpreted by Nahlawi34 as prohibiting two individuals conversing privately when a third is present and likewise prohibits three or more people from doing so when there is a single person apart from them. The prohibition indicates its unlawfulness, it being impermissible for a group to converse apart from a single individual unless he gives his permission.35 The Maikite school holds that the prohibition is applicable at all times, whether one is at home or traveling while Hanafi scholars hold that such converse is forbidden only while traveling, not when home, for when traveling it may portend danger. 36 Informing on Another. Muhammad said, Let none of my Companions inform me of anything another of
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them has said, for I wish to come to you without disquiet in my heart.37 Lying. Primary texts from the Koran and sunna that it is unlawful to lie are both numerous and intersubstantiative, it being among the ugliest sins and most disgusting faults. Because of the scholarly consensus of the Community (Umma) that it is prohibited and the unanimity and amount of the primary textual evidence, there is little need to cite particular examples thereof, our only concern here being to explain the exceptions to what is considered lying, and appraise of the details.38 Mohammad said, He who settles disagreements between people to bring about good or says something commendable is a not a liar. 39 This much is related by both Bukhara and Muslim, with Muslims version recorded that Umm Kulthum added, I did not hear him permit untruth in anything people say, except for three things: war, settling disagreements, and a man talking with his wife or she with him (A: in smoothing over differences).40 Abu Hamid Ghazali (1058-1111) who is credited with being an outstanding theologian, jurist, original thinker, mystic and religious reformer,41 is quoted as saying, If a praiseworthy aim is attainable by lying but not telling the truth, it is permissible to lie if attaining the goal is permissible. It is obligatory to lie if the goal is obligatory. When, for example, one is concealing a Muslim from an oppressor who asks where he is, it is obligatory to lie about him being hidden. Or when a person deposits an article with one for safekeeping and an oppressor wanting to appropriate it inquires about it, it is obligatory to lie about having concealed it, for if one informs him about the article and he then seizes it, one is financially liable (to the owner) to cover the articles cost. Whether the purpose is war, settling a disagreement, or gaining sympathy of a victim legally entitled to retaliate against one so that he will forbear to do so; it is not unlawful to lie when any of these aims can be obtained through lying. But, it is religiously more precautionary in all cases to employ words that give a misleading impression, meaning to intend by ones words something that is literally true, in respect to which one is not lying, while the outward purport of the words deceives the hearer, though even if one does not have such an intention and merely lies without intending anything else, it is not unlawful in the above circumstances. 42 Lying is permissible when there is a legitimate desired end.43

The legitimate desired end may be a personal one.44 When an oppressor intending to appropriate ones property inquires about it, one may deny it. Or, if a ruler asks one about a wicked act one has committed that is solely between ones self and Allah (e.g. does not concern the rights of another) one can disclaim it.There are many well known hadiths in which those who admitted they deserved punishment were given prompting (by Mohammed) to retract their confessions.An example of a legitimating desired end of another is when one is asked about anothers secret and one disacknowledges it One should compare the bad consequences entailed by lying to those by telling the truth, and if the consequences of telling the truth are more damaging, one is entitled to lie though if the reverse is true or if one does not know which entails more damage, then lying is unlawful. Whenever lying is permissible, if the factor which permits it is a desired end of ones own, it is recommended not to lie, but when the fact that permits it is the desired end of another, it is not lawful to infringe on his rights. Strictness opposed to the above dispensations is to forgo lying in every case where it is not legally obligatory.45 Giving A Positive Interpretation To Other Seeming Mistakes. Nawawi opined that with regard to the responses of students to their teachers, it is obligatory for a student to give a positive interpretation to every utterance of his brothers that seems to be wrong until he has exhausted seventy excuses. No one is incapable of this except a failure. 46 Giving a Misleading Impression. Giving a misleading impression is among the most important topics, being frequently met with and often abused. It befits us to examine the matter closely, and whoever learns of it should reflect upon it and apply it.47 Giving a misleading impression means to utter an expression that ostensibly means to utter an expression that ostensibly implies one meaning while intending a different meaning the expression may also have, one that contradicts the ostensive purport. It is a kind of deception. 48 It often takes the form of the speaker intending a specific referent while the hearer understands a more general one, as when a person asks a householder, Is So and so here? to which the householder, intending the space between himself and the questioner rather than the space inside the house, replies, He is not here. 49
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Scholars say that there is no harm in giving a misleading impression if required by an interest countenanced by Sacred Law that is more important than not misleading the person being addressed, or if there is a pressing need which could not otherwise be fulfilled except through lying. 50 Picking Apart Anothers Words. Picking apart anothers words consists of attacking anothers speech by revealing the mistakes in it, whether its weak Arabic, meaning, or the intention of the speaker, as when one says, this is true, but you do not intend the truth by it, when such an attack involves no other motive than contempt for the other and displaying ones cleverness, it is unlawful.51 When one hears something true, it befits him to accept it. If it is not true, but is unconnected with religious matters, he should remain silent, though if connected with religious matters, he is obliged to show that it is false and to condemn it if there is a chance that anyone will believe him, because this is forbidding the wrong. 52 Asking About Anothers Mistakes. It is forbidden to ask about anothers errors and blunders in order to tell them they have made a mistake or to embarrass them, being unlawful because it entails injury to another and belittling him in front of people. But when ones asking about mistakes is to learn or teach, or to test or sharpen students minds or make them reflect, then it is recommended and desirable, because it facilitates the comprehension of religious knowledge. 53 Asking about and searching out the faults of others is spying, which Allah Most High has forbidden by saying: Do not spy (Sura 49:12), meaning to look for the shameful points of Muslims. The Prophet said (1) If you search for peoples shameful points, you corrupt them (2) O you who have entered Islam with your tongues but whose hearts faith has not entered: do not slander people, and do not ferret out peoples shameful points. Whoever searches out the shameful points of his brother, Allah will search out his own shameful points, be sure that He will disgrace him even if he should remain in the middle of his house. 54 Searching Out a Persons Faults. Asking about and searching out the faults of others is spying, which Allah Most High has forbidden by saying: Do not spy Continued on page 16

2010 Intelligence Warfighting Summit, Fort Huachuca

MICA Sponsors Expo During the week of December 6 -10, the U.S. Army Intelligence Center of Excellence hosted the annual Intelligence Warfighting Summit (IWS) at Alvarado Hall, Fort Huachuca. Concurrently, the Military Intelligence Corps Association sponsored the Intelligence Warfighting Exposition at Barnes Field House with organizations, industry, and academia able to show the latest in technology and innovations to enhance increased intelligence capabilities for Soldiers, leaders, and commanders. The event commenced with a MICA sponsored icebreaker social on Monday evening. The actual conference started Tuesday with keynote addresses by the Army G2, LTG Zahner, and INSCOM Commander, MG Legere. Wednesday was highlighted with the Intelligence

MICA display at the Intelligence Warfighting Expo, Barnes Field House

Center Change of Command. On Thursday, LTG Oates, a former Division Commander, presented the maneuver commander perspective on the intelligence warfighting function based on his units recent deployment.

Biometrics and Forensic Summit Slated for April at Fort Huachuca

The TRADOC Capability Manager for Biometrics and Forensics is hosting the 2011 Biometrics and Forensics Summit with the Military Intelligence Corps Association (MICA) sponsoring the Biometrics and Forensics Exposition, from Tuesday through Thursday, 26-28 April, at Barnes Field House. The theme for the Expo is The Whole is Greater Than the Sum of its Parts. The key to the summit and the expo is the imperative to challenge the entire community, particularly industry and academia, to produce creative, innovative biometrics and forensics solutions. The summit will be a gathering of leaders, warfighters, industry, academia and subject matter experts from across the Biometric and Forensics enterprise focusing on innovative training and technology that will shape solutions that effectively exploit emerging threats on current and future battlefields. The focus of Biometrics Forensics Exposition displays will be:
Access Control Analysis Civil ID Collection, processing, and dissemination of data

Computer Forensics Criminal ID, Database DNA, Facial, Earlobe, Iris, Vein, and Speech Recognition Fingerprint Recognition (Latent Prints) Gait Recognition Hand Geometry Identity Assurance Software Identity Management Solutions Medical (toxicology, pathology, orthology, etc) Networking of Biometrics & Forensics capabilities PC/Network Access Point of Sales Authentication Retina Scan Signature Verification Smart Card Technologies Surveillance Tool marks (Ballistics, Shearing Tools, EFP Plates Trace Evidence (i.e. hairs, fibers, and residue)

Registration and information for the Biometrics Forensics Expo may be found at: http://www.xcdsystem.com/bfe/ You may also call US EXPO at: 520-573-3200 or email them at CS1@USXPO.COM The Biometrics Forensics Expo will be opened from 0900 to 1700 on 26 and 27 April (Tuesday and Wednesday) with an icebreaker on 25 April from 1700 to 1930.
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See Biometrics Forensics Expo ad next page

Biometrics Forensics Exposition

26-28 April 2011
Barnes Field House Tue Wed 0900 1700 hours

U. S. Army Intelligence Center of Excellence Fort Huachuca, Arizona

Information & Registration at: http://www.xcdsystem.com/iwe/ Information & Registration at: http://www.xcdsystem.com/bfe/

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Intelligence Center of Excellence Change of Command Ceremony 8 December 2010

Condensed from article by Amy Sunseri, Staff Writer, The Fort Huachuca Scout

After 36 years of duty and dedication to the Army, Major General John Custer bid a final farewell to the Fort Huachuca community, December 8, during a change of command ceremony on Brown Parade Field. MG Custer has been the Commanding General of Fort Huachuca and the U.S. Army Intelligence Center of Excellence since June 29, 2007. For the past 36 years, I have had the privilege of

wearing the uniform of a Soldier in the United States Army. In that time I learned that this Army is much more than equipment and training and operations. Its about people! Continued page 16
Photos by Amy Sunseri, The Fort Huachuca Scout

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Change of Command Ceremony Continues from page 15 The best technology in the world is worthless without the dedication and trained Soldiers who make it work and the caring leaders who know how to motivate and inspire, said Custer. MG Custer relinquished the colors and his duties to Brigadier General Gregg Potter who previously served as the Vice Director for Intelligence, J2, Joint Staff and Director, Defense Intelligence Agency, AfghanistanPakistan Task Force. I am extremely honored and humbled to be selected to lead the Intelligence Center and Fort Huachuca and to train the next generation of intelligence professionals. . . . I see no more important duty than training intelligence professionals, many of whom will leave here and go directly to the combat zones of Afghanistan and Iraq, BG Potter remarked. Lieutenant General Robert Caslen, Jr., Commander, U.S. Army Combined Arms Center and Fort Leavenworth, Kansas, presided over the ceremony.

The Influence of Islamic Law. . . Continues from page 12 (Sura 49:12), meaning to look for the shameful points of Muslims. The Prophet said: (1) If you search for peoples shameful points, you corrupt them (2) O you who have entered Islam with your tongues but whose hearts faith has not entered: do not slander people, and do not ferret out peoples shameful points. Whoever searches out the shameful points of his brother, Allah will search out his own shameful points, be sure that He will disgrace him even if he should remain in the middle of his house. 55 Rejecting a Brothers Excuse. When someone offers an excuse to his fellow Muslim and the latter does not accept it, his sin is like the crime of imposing taxes.56 By way of comparison, He who imposes taxes resembles a highwayman, and is worse than a thief.57 Revealing a Secret. Mohammed said: When a man says something. Then glances left or right, his words are a confidence to be kept. Telling a secret means to inform others of a remark, action, or state which one learns of from someone who wants to remain hidden, whether it be good or bad. This is hurting him, and hurting others is unlawful. When two people meet, it is obligatory to keep secret any act that occurs, any word spoken, or any state attributable to someone, when these concern something one would normally wish to remain confidential, while not being unlawful. If it is against Allah Most High alone and does not involve legal measures such as prescribed legal penalties or disciplinary action, then it must be kept secret. If it involves legal measure, as do fornication and drinking, then one has a choice between revealing it or not, though it is superior to conceal it. If it involves another persons rights, then if concealing it entails harm to anyone, or if it concerns prescribed legal measures such as retaliation for an injury or death, or covering the cost of an article destroyed through negligence, then if the person whose rights have been infringed is ignorant of it, one is obliged to make the matter known, and must testify to it if asked to. If it involves anothers rights, but concealing it does not entail harm to anyone and it does not concern prescribed legal measures, or it entails one of these two, but the person concerned already knows of it through another and one has not been asked to testify about it, then one is obliged to conceal the matter. 58
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The MICA Advanced Analyst Scholarship Awarded for the First Time
On Thursday during the IWS, BG Potter presented MICAs Wayne M. Hall Advanced Analyst Scholarship to Warrant Officer Jeffrey Jenkins, 1st HBCT, 34th Infantry Division, and Mr. Matthew Hebert, 66th MI Brigade. The $10,000 scholarship is awarded annually to analysts that best provide significant impact to their units effectiveness and mission success. The scholarship is to be used by the awardees to further their advanced analysis studies.

BG Potter, CG, USAICoE and W. F. Morgan, Jr., Vice President, MICA, present the first annual Wayne M. Hall Advanced Analyst Scholarships to WOI Jeffrey Jenkins and Mr. Matthew Hebert. COL James Zellmer, Commander, 66th MI Brigade, accepted the award on behalf of Mr. Hebert.

Implications and Indicators Conflicting ideological beliefs impose an encumbrance on the believer. If the believer is also an investigator or analyst shouldering the responsibilities of an intelligence or law enforcement investigation, and he is confronted with a divided loyalty situation (fellow believer as a criminal or intelligence subject), it is logical that the believer may adhere to the calling of the higher authority. Instances may begin to show unusual characteristics: delayed official recognition of the obvious; simple processes become problematic; evidence becomes lost or tainted; translations are inaccurate; subjects, victims or witnesses behave in an unusual manner compared to other, similar cases; simple staff coordination /case management becoming mysteriously complicated; decision cycle slowed or derailed; common sense solutions subjected to unusual mental gymnastics; aberrations in the normal feel of internal processes, procedures, discussions; failure to give doctrinally complete answers or analysis on fundamental or multiple points. We should be asking: Is there doctrinal contamination at work? If so, where?
William Gawthrop is a former U.S. Army Criminal Investigator and a retired U.S. Army Counterintelligence Officer

of Islam, in its all embracing creed, is imposed on the believers as a continuous process of warfare, psychological and political if not strictly military 4 Khadduri, Majid. The Islamic Law of Nations: al-Shaybans Siyar. Johns Hopkins Press, Baltimore: (1966). p. 17: The state of war should, accordingly, come to an end when the dar-al-harb had disappeared. At such a stage the dar al-Islam, as the abode of peace, would reign supreme in the world. It may be argued, therefore, that the ultimate objective of Islam is the achievement of permanent peace rather than the perpetuation of war. Thus the jihad, in Islamic theory, was a temporary legal device designed to achieve Islams ideal public order by transforming the dar al-harb into the dar al-Islam 5 Bernard Lewis, Cultures in Conflict (New York: Oxford University Press, 1995), p. 14. The world was divided into the House of Islam, where the Muslim faith and law prevailed, and the House of War, where they did not, and between the two there would be a perpetual state of war, interrupted only by truces, until the Word of God was brought to all humanity. For most Muslim writers, Christendom first Byzantine and then European was the House of War par excellence. 6 Global War On Terrorism: Analyzing the Strategic Threat - Discussion Paper Thirteen , Joint Military Intelligence College, Washington, DC (2004), p. 39. The dar al-Islam is in perpetual war with the dar al-harb. See also, page 40 Islam is a peaceful religion that is in perpetual (but not necessarily constant) warfare with the dar al-Harb. This obligation [Jihad] is without limit of time or space. It must continue until the whole world has either accepted the Islamic faith or submitted to the power of the Islamic state. Lewis, Bernard, The Political Language of Islam, Chicago: The University of Chicago Press (1988) p. 73 7 Quran 2:216 Jihad is ordained for you though you dislike it, and it may be that you dislike a thing which is good for you and you like a thing that is bad for your. Allah knows but you do not know. 8 Quran 2:193 And fight them until there is no more Fitnah (disbelief and worshiping of others along with Allah) and all and every kind of) worship is for Allah (Alone). But if they cease, let there be no transgression except against Az_Zalimum (the polytheists and wrong doers.) 9 Quran 9:5 Then when the Sacred Months have passed, the kill the Mushrikun wherever you find them, and capture them and besiege them, and lie in wait for them in each and every ambush. But if they repent and perform As-Salat (Iqamat-asSalat), and give Zakat, then leave their way free. Verily, Allah is Oft-Forgiving, most Merciful 10 Ibn Rushd. The Distinguished Jurists Primer (Vol I), Garnet Publishing, Reading, UK: (1994) p: 454-487 11 al-Misri, Reliance of the Travelle. p: 599-605, passim. See specifically The caliph fights all other people until they become Muslim p. 603 and it is offensive to conduct a military expedition against hostile non-Muslims without the caliphs permission (A: though if these is no caliph, no permission is required.) p. 602. 12 Al-Mawardi, Abu al-Hasan. Al-Ahkam al-Sultaniyya walWilayat al Diniyya (The Ordinances of Government), Garnet

Endnotes
1 Pruthi, R.K. ed. Encyclopaedia of Jihad (vol 1). Anmol Publications, PVT. LTD, New Delhi: (2002). P 1-15, passim. . 2 Malik, S.K. The Quranic Concept of War, Adam Publishers, Delhi, (1992) (Page 3 of the Preface: Pages un numbered) Islam views the world as though it were bipolarized in two opposing camps Darus-Salam facing Darul-Harb the first one is submissive to the Lord in cooperating with the Gods purpose to establish peace, order and such other pre-conditions of human development, but the second one, on the other hand, is engaged in perpetuating defiance of the same Lord. Such a state of affairs which engages any one in rebellion against Gods will is termed as Fitna which word literally means test or trial. The term Fitna refers us to misconduct on the part of a man who establishes his own norms and expects obedience from others thereby usurping Gods authority who alone is sovereign. In Sura Infaal Chapter 9, Verse 39, it is said, And fight on until there remains no more tumult or oppression and the remain submissive 3 Khadduri, Majid, War and Peace in the Law of Islam, London, (1955) p. 63-64. It follows that the existence of a dar al-harb is ultimately outlawed under the Islamic jural order; that the dar al-Islam permanently under jihad obligation until the dar al-harb is reduced to non-existence; and that any community accepting certain disabilities - must submit to Islamic rule and reside in the dar al-Islam or be bound as clients to the Muslim community. The universality

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Publishing, Reading, UK: (2000) p. 63 13 Vol II, The Encyclopaedia of Islam, Brill, Leiden, 2009, page 538-539 under djihad 14 Islamic Law is the sharia and it comes in multiple interpretations, modified by local practices and individual interpretations. But at the strategic level, and within at least the Sunni Sects, there are four schools of Law: Hanafi, Hanbali, Maliki, Shafi, Malikite. For a detailed overview of Hanaffiyya, the Hanafi madhhab school of religious law, see Leiden Brill, The Encyclopaedia of Islam, (London: Luzac & Co, 1986) Vol III, p. 162-164.; For a detailed overview of Hanabila, the Hanbali madhhab school of religious law, see Leiden Brill, The Encyclopaedia of Islam, (London: Luzac & Co, 1986) Vol III, p. 158-162 For a detailed overview of Malikiyya, the Malikite madhhab school of religious law, see Leiden Brill, The Encyclopaedia of Islam, (London: Luzac & Co, 1991) Vol VI, p. 278-283. For a detailed overview of Shafiiyya, the Shafii madhhab school of religious law, see Leiden Brill, The Encyclopaedia of Islam, (London: Luzac & Co, 1997) Vol IX, p. 181-189. 15 Thomas Patrick Hughes, Dictionary of Islam: Being A Cyclopaedia Of The Doctrines, Rites, Ceremonies, And Customs, Together With The Technical And Theological Terms Of The Muslim Religion. (originally printed in 1886)(Chicago: KAZI Publications, 1994) p. 280. Concealing; keeping a secret (Publishers Note: Kazi Publications, Inc, has reprinted this 19th Century Dictionary on Islam with the authors preface for its readers because of the comprehensiveness and scope of the work. No similar work has been done over 100 years later. We do not agree with all of the entries or descriptions but felt that the knowledge should be available to all to read and then to decide from himself or herself which descriptions are accurate of Muslim life and beliefs. p. vi) 16 Leiden Brill, The Encyclopaedia of Islam, (London: Luzac & Co, 2000) Vol X, p. 134 17 Al-Taqiya (variously al-taqiyya, taqiyya, taqiya) is based on Quran 3:28 and 16:106 (as well as hadith, tasfir literature and judicial commentaries) which permits, and encourages, precautionary dissimulation as a means for concealing true faith in times of persecution or deception when penetrating the enemy camp. Sura 3:28 (Medina Period) Let not the believers take disbelievers as Auliya (protectors or helpers or friends) instead of the believers, and whoever does that will never be helped by Allah in anyway, except if you fear a danger from them. And Allah warns you against Himself (His punishment), and to Allah is the final return. Sura 15:106 Any one who, after accepting faith in Allah, utters Unbelief,- except under compulsion, his heart remaining firm in Faith - but such as open their breast to Unbelief, on them is Wrath from Allah, and theirs will be a dreadful Penalty. 18 Al-Wala Wal-Bara According to the Aqeedah of the Salaf, 2, by By Shaykh Muhammad Saeed al-Qahtani, AlFirdous Publishers, London. (1999) passim. The twenty categories of disassociation are with Disbelievers; on Disbelievers; on points of disbelief; the affection of Disbelievers; toward the disbelief; of the disbelievers faith;

the disbelievers as friends; to the disbelievers; sit with the disbelievers who ridicule the Koran; give disbelievers authority over Muslims; the disbelievers; express pleasure with the actions of disbelievers; draw near to the disbelievers; aid the disbelievers in wrong doing; Seek the advice of disbelievers; Honor the disbelievers; live among the disbelievers; collude with the disbelievers; revile the Muslims and love the disbeliever; support the ideologies of the disbeliever. 19 Sura 3:28 (Medina Period) Let not the believers take disbelievers as Auliya (protectors or helpers or friends) instead of the believers, and whoever does that will never be helped by Allah in anyway, except if you fear a danger from them. And Allah warns you against Himself (His punishment), and to Allah is the final return. Sura 4:139 (Medina Period) Those who take disbelievers for Auliya (protectors or helpers or friends) instead of believers, do they seek honour, power and glory with them? Verily, then to Allah belongs all honour, power and glory. Sura 4: 144 (Medina Period) O you who believe! Take not as Auliya (protectors or helpers or friends) disbelievers instead of believers. Do you wish to offer Allah a manifest proof against yourselves? Sura 5:57 (Medina Period) O you who believe! Take not as Auliya (protectors and helpers) those who take your religion as a mockery and fun from among those who received the Scripture (Jews and Christians) before you, and nor from among the disbelievers; and fear Allah if you indeed are true believers. Sura 9:23 (Medina Period) O you who believe! Take not as Auliya (supporters and helpers) your fathers and your brothers if the prefer disbelief to Belief. And whoever of yours does so, then he is one of the Zalimun (Wrongdoers) Sura 9:29 (Medina Period) Fight against those who (1) believe not in Allah, (2) nor in the Last Day, (3) nor forbid that which has been forbidden by Allah and His Messenger (Muhammad) (4) and those who acknowledge not the religion of truth (Islam) among the people of the Scripture (Jews and Christians) until they pay the Jizyah with willing submission, and feel themselves subdued. Sura 60:1 (Medina Period) O you who believe! Take not My enemies and your enemies (i.e. disbelievers and polytheists) as friends showing then affection towards them, while they have disbelieved in what has come to you of the truth (i.e. Islamic Monotheism, the Quran, and Muhammad), and have driven out the Messenger (Muhammad) and yourselves (from your homeland) because you believe in Allah your Lord! If you have come forth to strive in My Cause and to seek My Good Pleasure, (then take not these disbelievers and polytheists, as your friends). You show friendship to then in secret, while I am All-Aware of what you conceal and what you reveal. And whosoever of you (Muslims) does that, then he has gone (far) astray from the Straight Path Sura 60:2 (Medina Period) Should they gain the upper hand over you, they would behave to you as enemies, and stretch forth their hands and the tongues against you with evil, and they desire that you should disbelieve. Sura 60:3 (Medina Period) Neither your relatives nor your children will benefit you on the Day of Resurrection (against

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Allah). He will judge between you. And Allah is the AllSeer of what you do. Sura 60:13 (Medina Period) O you who believe! Take not as friends the people who incurred the Wrath of Allah . Surely, they have despaired of (receiving any good in) the Hereafter, just as the disbelievers have despaired of those (buried) in graves (that they will not be resurrected on the Day of Resurrection) 20 There are two terms: Sira and Sunna. The Sira is a genre of early Islamic literature. Mohammads biography. Sira means way of going; way of acting; way of life (in these meanings it is almost synonymous with sunnaIn hadith collections and books on Islamic Law, the plural siyar is also used for rules of war and dealings with non-Muslims For a detailed discussion of Sira see Leiden Brill, The Encyclopaedia of Islam, (London: Luzac & Co, 1997) Vol IX, p. 660-663. 21 There are two terms: Sira and Sunna. The Sunna describes the generally approved standard or practice introduced by (Mohammad) as well as the pious Muslims of olden days. And at the instigation of al-Shafi, the sunna of (Mohammad) was awarded the position of the second root (asl) of Islamic Law., the Shaira, after the Kuran. Not long after that, sunna came to stand for the all-encompassing concept orthodoxy, which is still in use today. Out of this there grew the dichotomy between Sunni (orthodox and ShiI (heterodox) Islam. For a detailed discussion of Sunna see Leiden Brill, The Encyclopaedia of Islam, (London: Luzac & Co, 1997) Vol IX, p. 878-881. 22 Arguably, the Sunna and the Hadiths are taken as the same. 23 Hughes, p. 128. Fiqh. The dogmatic theology of the Muslims. Works on Muhammadan law, whether civil or religious, The books most read by the Sunnis are the Hidayah, written by a learned man named Ali ibn Abi Bakr, (A.H. 593), part of which has been translated by the late Colonel Charles Hamilton; the Darrul Mukhtar, by Alu ddin, (A.H. 1088), the Sharhul-Wiqayah, by Ubaidu Ilah ibn Masud, (A.H. 745), the Raddu l Muhtar, by Saiyid Muhammad Amin ibn Abidi d-din, and the Fatawa Alamgiri. Amongst the Imamiyah School, or the Shiahs, the principle works are Kitabu sh-Sharai, by Abu l-Hasan Ali (A.H. 326), the Muqni fi l-fiqh, by Abu jafar (A.H. 360); the Sharalu l-Islam, by Shaikh Najmu ddin (A.H. 679) and the Jamiu l-Abbasi, by Bahau d-din (A.H. 1031) 24 Hallaq, Wael B, A History of Islamic Legal Theories: An Introduction to Sunnie usul al-fiqh , Cambridge University Press, Cambridge, UK: (1997). 40 25 Al-Imam Abu Zakariya Yahya, Riyad-us-Saliheen, Darussalam, Riyadh, Saudi Arabia: (1998). 26 al-Juywani, Al-Haramayn. A Guide to Conclusive Proofs for the Principles of Belief, Garnet Publishing, Reading, UK: (2001) 27 Ibn Sallam, The Book of Revenue, Garnet Publishing, Reading, UK: (2003) 28 Keller, Nuh Ha Mim. Al-Masqasid: Nawawis Manual of Islam, Amana Publications, Beltsville, MD: (1994) 29 Reliance of the Traveller, written in 14th Century by Ahmad ibn Naqib al Misri (d. 769/1368), and translated

and updated by Nuh Ha Mim Keller in the 1980s, is the codification of sharia from the Shafi legal perspective. For investigators and analysts Traveller is not adequate for fully understanding the full scope of Islamic law, but it is useful as a basic starting point. It should be remembered, however, that: the four Sunni schols of Islamic law, Hanafi, Maliki, ShafiI and Hanbali, are identical in approximately 75 percent of their legal conclusions, while the remaining questions, variances within a single family of explainers of the Holy Koran and prophetic sunna, are traceable to methodological differences in understanding or authentication of the primary textual evidence, differing viewpoints somethimes reflected in even a single school. al-Misri, Reliance of the Traveller, p. vii 30 al-Misri, Reliance of the Traveller, p. 730. 31 al-Misri, Reliance of the Traveller, p. 732 32 al-Misri, Reliance of the Traveller, p. 732 33 al-Misri, Reliance of the Traveller, p. 743 34 Khalil ibn Abd al-Qadir al-Shaybani al Nahlawi, a Hanafi Scholar in Damascus, who died in 1350/1931. 35 al-Misri, Reliance of the Traveller, p. 743 36 al-Misri, Reliance of the Traveller, p. 743

37 al-Misri, Reliance of the Traveller, p. 742 38 al-Misri, Reliance of the Traveller, p. 744. 39 al-Misri, Reliance of the Traveller, p. 745. 40 al-Misri, Reliance of the Traveller, p. 745.
41 E.J. Brill, The Encyclopaedia of Islam Vol II, (Leiden, The Netherlands: 1983), p. 1038. 42 al-Misri, Reliance of the Traveller, p. 746 43 al-Misri, Reliance of the Traveller,

p. 746

44 al-Misri, Reliance of the Traveller, . 746 45 al-Misri, Reliance of the Traveller, p. 746 46 al-Misri, Reliance of the Traveller, p. 757 47 al-Misri, Reliance of the Traveller, . 748 48 al-Misri, Reliance of the Traveller, . 748 49 al-Misri, Reliance of the Traveller, . 748 50 al-Misri, Reliance of the Traveller, . 759 51 al-Misri, Reliance of the Traveller, . 756 52 al-Misri, Reliance of the Traveller, . 756

53 al-Misri, Reliance of the Traveller, p. 759

54 al-Misri, Reliance of the Traveller: . 759 55 al-Misri, Reliance of the Traveller, p. 759

56 al-Misri, Reliance of the Traveller, p. 763 57 al-Misri, Reliance of the Traveller, p. 674 58 al-Misri, Reliance of the Traveller, p. 771-772

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Pastoralists in the Horn of Africa

By SSG Charles N. Hill
The Horn of Africa is a region that is often associated with conflict, drought, famine, and poverty. Among the many groups that inhabit this region of the African continent, traditional pastoral tribes are among the most marginalized. Pastoralists are nomadic or semi-nomadic peoples that practice a form of subsistence migratory livestock agriculture in the arid and semi-arid areas of this region. This articles explores the pastoralist culture in the Horn of Africa, discusses how pastoralist culture contributes to instability in the region, and identify how this instability ultimately affects the United States interests in the area. When people consider the word culture, they usually think of an ethnic or religious group. Pastoralists in the Horn of Africa are comprised of many groups with different ethnic and religious backgrounds. However, they are a distinct culture because they share a common set of values, goals, attitudes, and practices (Merriam-Webster, 2010). A comparable culture is the ranching culture in the western U.S. According to the non-governmental organization (NGO), Pastoral and Environmental Network in the Horn of Africa (PENHA), there were more than 25 million pastoralists in the region as of 2006 (Lumley,

2006). The table below shows pastoralists by country in the Horn of Africa. The culture of pastoralists in the region centers on the herding of livestock. In the Horn of Africa cattle are the predominant livestock that comprise their herds. However, some groups tend camels, goats, or sheep. Pastoralists by nature must be economically subsistent, with most groups striving for self sufficiency (Kandagor, 2005). This establishes many of the commonalities such as mobility, communalism, and herd protection that this culture exhibits. Mobility is one key theme amongst the people who practice pastoral lifestyles. These people are usually nomadic or transhumance. Nomadic groups move seasonally based on their herds need for food and water, and their movement patterns vary from year to year. Transhumance pastoralists move on a cyclic pattern that is usually dictated by the season, for example moving to the highlands in the summer and back to their lowland base during the winter. This type of mobility is well suited to the climate of the Horn of Africa, and is in many ways preferable to farming because it allows freedom of movement during climatically harsh time periods (Kandagor, 2005). In addition to mobility, a common practice of pastoralists is communalism. Animals are slaughtered for meat, bled, or milked, and shared throughout the community. This is primarily due to their transitory nature. They lack the means to adequately

Afar, Somali Tigre, Rashaida, Hidarib, Afar Somali, Boran, Afar plus 15 others Turkana, Pokot, Tugan, Massai, Gabbra, Sakuye, Rendille, Sambura, Dassanetch, Boran, Oroma, Somali Somalia Somali Sudan East: Beja, Beni Amer, Shukriyya, Rashaida; West: Kababish, Zaghawa, Rizeigat, Messiriya, Fallata; South: Dinka, Nuer, Mundari, Topposa. Plus many others Uganda Ateso, Nuer, Karimojong, Banyankore, Basongora Data sources: PENHA, UNDP 2006

Country Djibouti Eritrea Ethiopia Kenya

Pastoralist Groups

Number 100,000 1,000,000 7,070,000 7,500,000

% population 16 28 11 25

4,800,000 4,700,000

55 15

1,030,000

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preserve the meat, blood, or milk (Kandagor, 2005). This community orientation also builds a system of reciprocity where one family provides meat for the community and is then owed by the rest of the community. The result is a community first mindset. Another commonality among these groups is that they are patriarchic. Men hold rights to their familys herd, and are viewed as the decision makers. Women usually hold a lower social role in these societies. Men within the group must work together to ensure the security and prosperity of their herds. However, they are often hostile towards outsiders, as they view them as a threat to their herd, their freedom of movement, or their grazing land and water sources. Therefore the men of the group are judged based on their bravery and success as protectors of the herd, and may often engage in inter-pastoral conflicts (Kandagor, 2005). When analyzing how pastoralists in the Horn of Africa contribute to instability in the region, community characteristics play a major role. These people play a distinct part in the instability of the region. Depending on ones perspective, the governments of the region are responsible for the marginalization of the pastoralists thus creating instability. In many cases the pastoralists themselves are seen as creating the instability, with which the regions governments must cope. Both views are in some ways accurate. The primary regional ways that pastoral communities are involved in regional instability are famine and conflict. These two issues are intricately interwoven, and one cannot be discussed without discussing the other. Famine is a constant threat in the region and failure of herds amongst pastoralists can contribute to a precipitous lack of food staples. For example, according to the U.S. Agency for International Development (USAID), in 2005 late seasonal rains resulted in early migration of pastoral herds. This resulted in early migration with little rain fall contributing to deteriorated animal conditions, and many animal deaths. Similar conditions existed that year in Eritrea and Ethiopia, while heavy rains and flooding in Somalia created similar results (USAID, 2005). When environmental conditions destroy herds, it decimates the ability of the community to feed itself, and as transitory groups, they possess little or no food crops. Further, if the herd fails, they have no livestock to trade for other sources of food. This lack of food security contributes to instability in two

ways. First, pastoral groups must compete for limited resources which could lead to armed conflicts. Second, when regional governments fail to address famine and conflicts, they are seen as being unable to provide for the needs of their people. According to Medan Mekonnen (2006), when drought causes famine conditions, pastoralist migration increases and pastoralist communities will eventually compete for the scarce resources that are available. He also argues that the proximity of many pastoralist communities to border areas results in greater availability of small arms and light weapons which can escalate the resource conflicts (Mekonnen, 2006). These conflicts over grazing land and water sources result in significant security issues with which the governments in the Horn of Africa must then address. Additionally, cattle raiding can become a source of conflict. Among the Karomojong cluster, rival pastoralist factions conduct raids, essentially cattle-rustling, against one another (Satya, 2004). This serves two purposes, to increase herds, and establish the prestige of the men in the tribe. An area where this is a particular source of conflict is in Uganda. These cattle raiding conflicts develop into military maneuvers with the addition of small arms and machine guns which are readily available due to civil strife in the region (Satya, 2004). Additionally, inter-clan conflicts threaten pastoralists ability to migrate along traditional routes in Sudan due to land mines, and in Somali due to the lack of ability to safely transit useable lands (USAID, 2005). These conflicts add to the political instability of the region. To an outsider these conflicts are indistinguishable from ideological conflicts. While there are a number of ways that pastoralists contribute to the instability of governments in the Horn of Africa, the governments themselves often precipitate these issues. The governments of contemporary Horn of Africa are the historical heirs of the colonial areas and practices. Many of these countries fill arbitrarily drawn borders and attempt to coalesce clans and tribes with differing traditions, value, and needs (Satya, 2004). One example of government marginalization of pastoralists is in Uganda, where game preserves and parks were sliced out of traditional pastoralist grazing lands. The Mount Elgon and Kidebo national parks were established here with no consideration of pastoralist use of the land (Satya, 2004).

21

Additionally due to the geographic needs of rural pastoralists some governments, particularly Ethiopia, Somalia, and Eretria, have not established adequate infrastructure that would allow pastoralists to become prosperous. Poor development of lines of communication that would allow them to bring their livestock to markets are non-existent or in poor condition. Likewise, safe potable water sources do not exist to support the people or the livestock. (The Monitor, 2010) One might ask why the governments in this region do not force pastoralists to settle down and develop alternate means of survival. In fact many governments in the Horn of Africa have attempted to deal with pastoralists by forcing them to become sedentary. Forcing these populations to become sedentary without providing an adequate source of income, essentially forces them to become inviable (Kandagor, 2010). Crippling the ability to migrate makes the livestock susceptible to climatic condition and overgrazing, which further deteriorates the pastoralists ability to survive. It must be understood that to take away their traditional means of survival, is to take away their prestige and culture. An alternative method is to develop policies that assist the groups such as mobile education and health care systems that migrate with the tribes. Additionally, countries must develop programs to assist pastoralists who wish to become sedentary and seek alternate sources of income in necessary, but not force this process. After taking into account how pastoralists contribute to, and suffer from, the economic and political instabilities in the Horn of Africa, it is possible to determine how this affects the United States. The impacts of marginalized pastoralists fall into the realms of humanitarian and military initiatives. The effects of pastoralists on U.S. interests is not directly visible, however, when viewed through the lens of the above mentioned instability it is more readily understood. According to the White House: Regional conflicts can arise from a wide variety of causes, including poor governance, external aggression, competing claims, internal revolt, tribal rivalries, and ethnic or religious hatreds. If left unaddressed, however, these different causes lead to the same ends: failed states, humanitarian disasters, and ungoverned areas that can become safe havens for terrorists. (Ploch, p. 18)
22

Prevention of these failures is of strategic importance to the United States. It is undeniable that pastoralist communities play a large role in many of these conflicts whether they are major parties to the conflict or are simple victims affected by the conflicts. Therefore addressing the role they play is a key part of establishing stability in the region. Militarily, Combined Joint Task Force Horn of Africas (CJTF-HOA) mission is to conduct operations in the East Africa region to build partner nation capacity in order to promote regional security and stability, prevent conflict, and protect US and coalition interests (CJTF-HOA, 2010). In order to accomplish this mission in each of the countries in their area of responsibility, the role of pastoralists in conflict, security, and stability must be considered. In the humanitarian realm, the U.S. Agency for International Development (USAID), spent 1.4 million in FY 2004 directly targeted at pastoral populations in the Horn of Africa to counter famine and conflict (USAID, 2005). In FY 2009 and equivalent amount was spent in Djibouti alone after several seasons of failed rain left livestock herds decimated (USAID, 2010). While these are two examples of the U.S. federal budget targeted specifically toward pastoralist issues in the Horn of Africa, many millions more are spent annually that indirectly support the stability of pastoral populations by federal agencies, United Nations partner organizations, and NGOs. For someone who lives in the U.S. it may be difficult to see why it is necessary to pay attention to a culture that lives on the edges of contemporary civilization. However, if we fail to understand the cultures that make up and impact this region, we will fail to make headway in assisting this region to become more stable. Pastoralists play a vital role in the Horn of Africa. They represent a sizable portion of the population that contributes to a unique and important part of the regions stability. Likewise, they present a difficult challenge for the governments of the region and often play a significant role in the instability that plagues the region. Furthermore, successful and adequate address of pastoralist issues ultimately affects the U.S. ability to assist nations in the region to build long lasting political and economic stability. In the long term, success in restoring stability in the region reduces the need or likelihood of further military or humanitarian intervention.

SSG Hill received the Outstanding Writers Award for Senior Leaders Course (SLC (formerly ANCOC)) 11-02

References
Africa: Why Horn of Africa is starving. (2010). The Monitor. Retrieved from http://allafrica.com/stories/ 201006230168.html CJTF-HOA Public Affairs. (n.d.) CJTF-HOA Fact Sheet. Retrieved from http://www.hoa.africom.mil/AboutCJTFHOA.asp Culture. (2010). In Merriam-Webster Unabridged Dictionary online. Retrieved from http://www.merriam-webster.com/ dictionary/culture Kandagor, D. (2005). Rethinking pastoralism and African development: A case study of the Horn of Africa. Retrieved from http://www.codesria.org/IMG/pdf/kandagor.pdf Lumley, J. (2007). Pastoralism in the Horn of Africa. Retrieved from http://www.penhanetwork.org/pages/Horn-ofAfrica-general.html Mekonnen, M. (2006). Drought, famine, and conflict: A case from the Horn of Africa. Retrieved from http://ww w.beyondintractability.org/case_studies/drought_famine_ conflict.jsp?nid=6796 Ploch, L. (2010). Africa Command: US strategic interests and the role of the US military in Africa. Retrieved from http: //www.fas.org/sgp/crs/natsec/RL34003.pdf Satya, A. (2004). Understanding inter-pastoralists conflicts in Uganda: The cattle raiding phenomenon in Kapchorwa district. Retrieved from http://www.aspr.ac.at/epu/research/ Satya.pdf U.S. Agency for International Development. (2005). Horn of Africa: Multi-sectoral interventions in pastoralist communities. [Fact Sheet] Retrieved from http:// www.usaid.gov/our_work/humanitarian_assistance/disaster_ assistance/countries/horn_of_africa/fy2005/hoa_mipc_fs01_ 01-07-2005.pdf U.S. Agency for International Development. (2010). Office of U.S. Foreign Disaster Assistance: Annual report for fiscal year 2010 Retrieved from http://www.usaid.gov/our_work/ humanitarian_assistance/disaster_assistance/publications/ annual_reports/index.html

The Influence of SomaliIssa Culture on Human Trafficking and U.S. Relations

By SFC Lisa Myhers
The historic repression of women in Somali-Issa culture, plus the strong influence and attitude of traditional Islam towards women, contribute heavily toward the accepted trafficking of women and children from Ethiopia, Somalia and Djibouti to be sex workers in Djibouti City and various Arab nations. While being strong advocates of human rights and freedom for all people, the U.S. must balance the responsibility of advancing human rights throughout the region and maintaining an important strategic alliance with Djibouti. The predominant culture of the people of Djibouti is Somali-Issa clan. It represents approximately 60 percent of the population and belongs to the majority Muslim religious group, the religious preference for 94 percent of Djiboutis population (CIA World Factbook, Africa, Djibouti, 2010). Though they make up the majority of the Djiboutian population, they are not isolated by national lines. The Somali-Issa clan also has large numbers in Ethiopia and Somalia. Its Islamic heritage, in great part, has shaped the culture of the Somali-Issa, as they are descendent from the first group to adopt Islam on the African continent (Njeru, 2005). Until the last few hundred years, the Somali-Issa have been a nomadic people traveling throughout the country of Djibouti and its neighbors in search of increasingly scarce grazing pastures for livestock and dwindling farmable lands (Countries and Thier Cultures, 2010). This nomadic lifestyle resulted in defined gender roles where the men were responsible for herding and livestock while women served primarily in domestic roles such as farming and child rearing. The Somali-Issa men, through tribal tradition and Islamic law, are the masters of the household while women and children are almost a form of property. According to Beyer (2001): The Koran allots daughters half the inheritance of sons. It decrees that a womans testimony in court, at least in financial matters, is worth half that of a mans. Under Sharia, or Muslim law, compensation for the murder of a woman is half the going rate for
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men. Many Muslim cultures, including the SomaliIssa culture, incorporate these directives into contemporary law (The Women of Islam, para. 3). A combination of drought in the rural areas and/or political instability has driven the SomaliIssa from living nomadic lifestyles to populating urban centers. As the Somali-Issa have moved, predefined gender roles have moved with them and taken on new forms. This change in lifestyle and regional instability has pushed many SomaliIssa into further extremes of poverty, leaving a growing number of the population vulnerable to exploitation. However, even facing these dire circumstances, they have maintained their value of expression of personal independence and courage, as well as a strong attachment to their cultural tradition (Countries and Thier Cultures, 2010). An increasingly westernized existence has not done a great deal to change gender division and inequality. Lack of basic human rights still exists to a large degree. The cultural and legal second-class standing of women and children, as well as the strategic location of the largely Somali-Issa Djibouti City, has led to the unofficial tolerance of human trafficking. Many of those affected are illegal immigrants to Djibouti from Ethiopia and Somalia, in addition to the more poverty stricken citizens of Djibouti (IRIN News, 2010). Women and children are trafficked for the purpose of commercial sexual exploitation and domestic servitude either in local areas or for future service in Arabic countries (United States Department of State, 2009). Many factors contribute to the problem of forced prostitution and human trafficking, such as the recent droughts in the region. The dwindling number of farmlands and suitable pastures has forced the Somali-Issa to transition from a nomadic agricultural based life to a modern urban lifestyle. Basic rights such as housing, education and clean water are lacking. Opportunities for girls are even more restricted than for young boys. This lack of opportunity and education translates into a cycle of poverty that leaves young girls and many women extremely vulnerable to exploitation (UN News Center, 2010). Many poorer Somali-Issa families consider sending women family members to work in brothels as one of the only means to survive in these new urban settings.
24

The Somali-Issa have significant political influence in Djibouti, and are the predominant power holders. The Djiboutian president is always a Somali-Issa and in reality holds powers similar to a dictator. As a result of politics and tradition, men hold greater status through both federal law and common custom (Countries and Thier Cultures, 2010). Vast differences in land rights, marriage laws, and the practice of not enforcing laws to protect women and girls, perpetuate this gender inequality (Bureau of Democracy, Human Rights, and Labor, 2007). Prostitution is illegal in Djibouti. However, it openly occurs in apartments, brothels, and on the streets. Members of foreign militaries, primarily French and U.S., stationed in Djibouti, reportedly contribute to the demand for women and girls in prostitution, to include trafficking victims (United States Department of State, 2009). Many SomaliIssa women and children are smuggled into Djibouti for the purpose of exploitation (IRIN News, 2010). Police sometimes target and rape prostitutes on the streets. Due to local law and Issa-Islamic culture law enforcement rarely investigate rape cases, let alone prosecute the offenders (Bureau of Democracy, Human Rights, and Labor, 2007). It is not possible to fully blame the traditional culture of the Issa and the influence of Islam for the human trafficking problem which culminates in Djibouti City. Given that the current Somali-Issa values and beliefs towards women differ so greatly with those we hold in the west, it is easy for us to view their ways as evil and wrong. However, U.S. society must remember that Islamic faiths do not hold these ideas and practices solely. Our own predominantly Christian and Protestant historic influences had many of the same, if not the exact, cultural beliefs and laws. United Nation member countries preaching tolerance, human rights and equality should not turn a blind eye towards its service members taking advantage of this societys victims. The everyday actions of these service members contradict the political voices of justice and directly affect cultural attitude. When those claiming to be just and respectful of women do not act as such towards these victims, then why should or would the Issa culture view them any differently? In the Somali-Issa culture, as in many others, words carry little meaning without coinciding actions.

Many people may ask, Why dont we just go in with the military or humanitarian groups, stop the trafficking and enforce anti-prostitution laws? While this approach may temporarily curb or even halt human trafficking in the area, the man-power needed would not be sustainable on a long term level. When dealing with the problem of human trafficking, direct U.S. interference would most likely be ill-received. Some military forces and foreign residents are part of the problem, and a large influx of personnel to fight what we have helped cause could be perceived as hypocritical and insincere. The culture as a whole takes pride in self-sufficiency, and past foreign activity has caused a general distrust of outsiders, especially toward westerners (Countries and Thier Cultures, 2010). Too strong of a push to influence political leaders and force change could also jeopardize the important strategic relationship which the U.S. holds with Djibouti. Taking steps to curb the contribution to demand by U.S. service members is absolutely necessary and would also improve the U.S. argument for improved rights for women on the moral ground in which it is fundamentally based. Human trafficking will continue until we address the primary causes for poverty and urban migration. Instead of fighting human trafficking by pushing legal persecution of those who are the victims, a better strategy may be to address the issues that lead to their exploitation. A stronger backing of U.N. initiatives by the U.S. to improve rural irrigation and land management programs could achieve this. If the Somali-Issa regain their former livelihoods and retain their cultural heritage, they most likely would become less vulnerable to exploitation. The success of properly managed and culturally sensitive initiatives such as these would diplomatically lay the groundwork for increased work in the field of gender equality and human rights. Only when the Somali-Issa do not have to worry about basic survival will their attentions be able to redirect to issues of gender equality among their own population. The U.S., as a world leader, has a responsibility to ensure that it eradicates human trafficking as thoroughly as possible. Our country must strike a fine balance between advancing human rights and maintaining diplomacy, ensuring Djibouti as a strategic ally in the future. Choosing courses of action that will help to improve the lives of the Somali25

Issa, without direct political involvement, will go great lengths in helping to protect women and children without jeopardizing other important U.S. interests in Djibouti and the surrounding region.
SFC Myhers received the Outstanding Writers Award for SLC Class 10-006

References
Beyer, L. (2001, November 25). The Women of Islam. Retrieved September 6, 2010, from TIME: http:// www.time.com/time/world/article/0,8599,185647,00.html Bureau of Democracy, Human Rights, and Labor. (2007, March 6). U.S. Department of State. Retrieved September 5, 2010, from U.S. Department of State, Djibouti: http: //www.state.gov/g/drl/rls/hrrpt/2006/78731.htm CIA World Factbook, Africa, Djibouti. (2010, August 19). Retrieved September 5, 2010, from CIA World Factbook: https://www.cia.gov/library/publications/the-world-factbook/ geos/dj.html Countries and Thier Cultures. (2010). Retrieved September 5, 2010, from Everyculture: http://www.everyculture.com/CrGa/Djibouti.html IRIN News. (2010, April 5). Somalia: Human Trafficking on the Increase. Retrieved September 6, 2010, from Human Trafficking.Org: http://www.humantrafficking.org/updates/ 872 Njeru, P (2005, November 25). Djibouti- A Brief History. . Retrieved September 6, 2010, from The African executive: http://www.africanexecutive.com/modules/magazine/ articles.php?article=368 UN News Center. (2010, June 14). UN News Center. Retrieved September 6, 2010, from UN News Service: http: //www.un.org/apps/news/story.asp?NewsID=35022&Cr=djib outi&Cr1=&Kw1=Djibouti&Kw2=&Kw3= United States Department of State. (2009, June 14). Refworld. Retrieved September 6, 2010, from The UN Refugee Agency: http://www.unhcr.org/refworld/docid/ 4a4214c032.html

Chapter News Feature

DELMARPA
DelawareMarylandPennsylvania (DelMarPa) Headquarters: Carlisle, PA Founded: 1 October 2003 Chairman Pro Temp: Dr. R. Don Green Presidents Pro Temp Delaware: Mr. Ed Wasielewski (American Military University, Intelligence Studies) Maryland: Mr. Michael Bagley, mbagley@TheOSINTG roup.com. Pennsylvania: Mr. Mark Istre, Acting President Membership Coordinator: Mr. John Donaldson, Jr. Secretary/Treasurer: Accepting Nominations Point of Contact: Dr. R. Don Green, drdg@prodigy.net

Utah / Afghanistan / China Immediately before President Barack Obama announced selection of then Utah Gov. Jon Huntsman, Jr. to serve as US Ambassador to China, the DelMarPa Chapter Chair (Dr. Green) travelled from the DIA/NDIC Africa Conference to hand this Governor a personalized copy of the book Sword of Islam: Muslim Extremism from the Arab Conquests to the Attack on America by John F. Murphy, Jr. Some time earlier, Gov. Huntsman himself visited Utahs National Guard soldiers and souls in Afghanistan, well done, now Ambassador Huntsman. US Capitol / US House / US Senate In US Senate Meeting Rooms, Chairman Reyes (House Permanent Select Committee on Intelligence) received hand delivered intel from the field, as well as a communiqu urging intervention for POW(s) PFC Bowe Bergdahl / SGT Ahmed Altaie, , from Dr. R. Don Green, Ph.D., DelMarPa Chapter Chair. Senator McCains staffer (a US Naval Reserve Admiral) unlocked US Senate doors after hours to allow Dr. Green to deliver similar communiqus for key staff of the US Senate Select Committee on Intelligence (SSCI) whom earlier met with Dr. Green in US Senate Meeting Rooms. Senator John Kerry (MA) personally met Dr. Green in this regard to provide an intention-

DELMARPA News: DelMarPa Chapter thanks Mr. William Hartranft Bennett (now President Emeritus, PA Section of DelMarPa Chapter) for his past service to the chapter, and we hope his heath recovers. Pennsylvania DelMarPa welcomes Mr. Mark Istre as Acting President, Pennsylvania Section of DelMarPa Chapter. He. recently returned from service in Afghanistan to study Open Source Intelligence. Former Sgt. Istre, a recipient of two Navy and Marine Corps Achievement medals, served USMC Base Hawaii, and his Military Education (20052010) included: Infantry Squad Leaders Course / Advanced Infantry Tactics; Joint Fires Observer Course; War fighting Tactics; Leadership; Weaponry and Basic Demolitions; Urban Patrolling and CQB Tactics; Vehicle Mounted Patrolling; IED Detection and Defeat; Combat Life Savers Course, etc. Washington, DC Select DELMARPA Chapter members (including Mr. Conteh, a political refugee from Sierra Leone West Africa, attended Africa The Shifting Intelligence Landscape as guests of the National Defense Intelligence College, Defense Intelligence Analysis Center (DIA), Bolling AFB, Washington, D.C.

Photo (L to R): Mr. Michael Bagley (http://www.theosintgroup.com/), Mr. Aloysious Ali Conteh (Sierra Leone), Dr. Green, Mr. William H Bennett

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ally prompt channel to receive information in support of POWs. Acknowledgements: HPSCI and SSCI and associated bi-partisan cooperation; USAREC MidAtlantic BN; US Army Project Warrior, Ex-POW Sgt. James Riley (see photo); intelligence collected by a unit of the 3rd Lt. Armored Recon. BN, Delta Co., 3rd Platoon (Task Force Tripoli); USMCs prompt response to unit level intelligence. Military Intelligence Always Out Front. Thank you MI Corps, whooaahh!

MICA is the national professional fraternal association of the US Army Military Intelligence Corps.

The n n n n n

objectives of MICA are to: Preserve history Educate leaders Honor professionals Share knowledge Provide support programs

Awards Program The Knowlton Award recognizes select individuals who have contributed significantly to Military Intelligence The Golden Rose Award recognizes a spouse whose volunteer service contributes to mission accomplishment Scholarship Program MICA provides scholarships for members and their families Museum Program MICA supports the Museum
Military Intelligence

Project Warrior File Photo: Dr. R. Don Green, Ph.D.* with Ex-POW (Iraq 2003) Sgt. James Riley; *CIA insignia not for attribution, guest on Army TDY.

MICA is a non-profit organization Join online at www.micorps.org/join

CW5 Leslie Caster Receives Knowlton Award

In late August 2010, CW5 Les Caster concluded his 35 year military career with the awarding of the Knowlton Award by MG John Custer, Intelligence Center of Excellence. CW5 Caster superbly served in a variety of assignments as both a Nuclear Weapons Technician and IEW Systems Technician. He is currently leading the Centers Cyber Operations Branch.

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THE VANGUARD

Militrary Intelligence Corps Association P Box 13020 .O. Fort Huachuca, AZ 85670-3020

NONPROFIT ORG US POSTAGE PAID SIERRA VISTA, AZ PERMIT NO. 154

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