The issue of Armenia enters the Turkish foreign policy agenda almost exclusively in the context of Western attempts at legislating genocide resolutions. The result is often a reactive nationalist defense.

In less than two years, by 2015, Turkey will find itself in a similar dilemma. Once again, it will be external dynamics that will drive the domestic and foreign policy debate, and quite predictably Turkey will react with anger and resentment to Western attempts at commemorating the centennial of the Armenian genocide. In order to avoid such an ordeal, Ankara needs to think about Armenian-Turkish relations now, before Western pressure builds up. The fact that Foreign Minister Ahmet Davutoğlu visited Yerevan last week is a step in the right direction and needs to be congratulated. Instead of panicking shortly before 2015, the Turkish government needs to pursue a multidimensional strategy, starting now. The first dimension of the strategy should be the opening of the border and the establishment of diplomatic relations between the two countries.

As it is well known, shortly after the signature of the two protocols aiming at achieving these two goals in 2009, Ankara decided to index the ratifications of the protocols to the resolution of the Nagorno-Karabakh conflict. Linking the normalization of relations to a “frozen conflict” had the impact of freezing the protocols as well. It also showed that Turkey had no empathy for the Armenian political leadership, which took a lot of heat from the diaspora for dropping genocide recognition as a precondition for the normalization of relations with Ankara.

In retrospect, the Turkish decision to establish a precondition for normalization with Armenia was shortsighted because it practically gave Azerbaijan de facto veto power over Turkish-Armenian normalization. Instead, what Turkey should have done was to establish diplomatic and economic relations with Armenia with the hope that such a policy of engagement would in time create positive momentum and leverage in favor of a resolution in Nagorno-Karabakh. It remains unclear whether a breakthrough in this frozen conflict can be achieved in the absence of Turkey gaining more leverage in relations with Armenia. It looks like sequencing is the main problem here. The Turkish side is reportedly ready to open the border, establish diplomatic relations and even provide financial support to Armenia in return for an Armenian withdrawal from two of the seven occupied regions surrounding Nagorno-Karabakh. This proposal looks like the same one Prime Minister Recep Tayyip Erdoğan made a few years ago to his Armenian counterpart at the time, Robert Kocharyan. Kocharyan had refused the Turkish demand on the grounds that there should be no linkage between Nagorno-Karabakh and normalization with Turkey. It is hard to see why today the Armenian reaction to a very similar Turkish proposal would be any different.

Therefore, this most recent Turkish attempt at rapprochement with Armenia is also likely to fail in the absence of a unilateral Turkish gesture such as the opening of the border without preconditions. On the other hand, since Turkey is always in some kind of election season, it is almost impossible to see the Justice and Development Party (AKP) invest serious political capital in rapprochement by taking such a courageous step. Under such circumstances, it is not surprising that the Armenian media saw Davutoğlu's Yerevan visit as nothing more than a public relations campaign. If Turkey is really serious about normalizing relations with Armenia, it will have to take some risks in relations with Azerbaijan. The key will be to convince Baku that only the normalization of Turkish-Armenian relations will create positive momentum in solving the Nagorno-Karabakh dispute. Turkey needs to open the border first and expect its diplomatic and economic engagement policy with Armenia to pay off in the long run. The alternative is to continue with the current policy. The current Turkish policy has produced no change in Nagorno-Karabakh in the last 20 years. It is time to think more creatively.

Introduction

Ninety years after the foundation of the Turkish Republic, Ankara appears to be on the verge of a paradigmatic change in its approach to the Kurdish question. It is too early to tell whether the current negotiations between Ankara and the Kurdish Workers’ Party (PKK) will manage to accommodate Kurdish cultural and political demands. Yet, for perhaps the first time in its history, the Turkish Republic seems willing to incorporate Kurds into the political system rather than militarily confront them. For decades, Turkey sought to assimilate its sizable Kurdish minority, about 15 million people, or around 20 percent of its total population. From the mid-1920s until the end of the Cold War, Ankara denied the ethnic existence of Kurds and their cultural rights. It took a three-decade-long PKK-led insurgency – which started in 1984 and caused a death toll of 40,000 – for the republic to start accepting the “Kurdish reality” and introduce cultural reforms. This perhaps explains why the PKK’s jailed leader Abdullah Öcalan is a national hero in the eyes of significant segments of Kurdish society.

Of the approximately 30 million Kurds in the Middle East, about half live in Turkey. Kurds also constitute a significant minority in neighboring Iraq, Iran and Syria. The Palestinians are often referred to as the most famous case of a “nation without a state” in the Middle East. But the Kurds, who outnumber the Palestinians by a factor of five, are by far the largest ethnic community in the region seeking national self-determination. The future of Turkey - and the Middle East - is therefore intimately linked to the question of Kurdish nationalism.

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• Turkey and the Kurds: From Predicament to Opportunity

I have been writing for years about the Armenian Genocide. The issue is of great emotional as much as ethical and historical significance to me. But for reasons I will explain for the first time, 1915 is also a very personal matter for me. No, not because I suddenly discovered I am of Armenian descent, but mainly because 1915 is the main reason my career took a turn toward academia rather than diplomacy.

I did not join the Foreign Service because I was detained almost 20 years ago, when I was a 25-year-old tour guide. The reason? I dared to answer a couple of questions about 1915 from a group of American tourists visiting the Museum of Anatolian Civilizations in Ankara. That day changed my life. I'm not naïve; I knew answering their question in public would be risky. And I would have probably refrained from doing so had they not asked me first whether there is freedom of speech in Turkey. Trying to make light of it, I quipped: "Yes, there is freedom of speech, but freedom after speech can get tricky." I did not know my joke would turn into self-fulfilling prophecy.

Shortly after explaining to my group why the term “genocide” is problematic for Turkish officialdom, I was arrested by guards in the museum, taken to a police station and interrogated for five hours. This unexpected encounter with Turkish law enforcement convinced me about a couple of things. First, I realized how difficult life in Turkey would be if I were of Armenian descent. "Are you Armenian?" was the first question I was asked in the police station. When I said "No," the police officer laughed and said I was not the first Turkish traitor they had interrogated. To this day, I wonder how life in Turkey would be if my name was Onik instead of Ömer.

Second, I was also convinced that I no longer wanted to become a diplomat. As a diplomat, I knew you turn into a defense attorney for your country. I also knew that in the larger scheme of things, what happened to me that day was not tragic or even very consequential. But the idea of defending a country that arrests a tour guide for speaking about what happened 100 years ago turned me off intellectually and emotionally. All of a sudden, Turkey's predicament had gained a disturbingly personal dimension in my eyes and thoughts. I remember having a conversation the night I was arrested with my father, a Turkish diplomat himself and in disbelief about my lack of situational awareness. "Do you think you think you live in Sweden?" he asked me with sarcasm and some anger. Anyway, the case was closed for me. I now had a police detention record. And this was enough to disqualify me from the Foreign Ministry exam.

Since the Turkish Foreign Service had now lost a brilliant (!) future diplomat, I turned my gaze to academia and decided to continue my seditious activities in the United States by writing a dissertation on Turkey's identity problem. My focus was on the interplay between Kemalism, the official ideology of the republic and the Kurdish question and political Islam. Ever since I started working in academia and think-tanks, I made an involuntary reputation for myself as a public intellectual with pro-Kurdish, pro-Islamic, pro-Armenian tendencies. I guess that's a small price to pay for trying to be a liberal in today's Turkey. The alternative would have been a life in Turkish diplomacy talking about the "so-called Armenian Genocide,” the separatist-terrorist organization called the Kurdistan Workers' Party (PKK) and various "coup" attempts against the sacred Turkish state during the Gezi protests and the corruption investigations.

At the end of day, my arrest 20 years ago was a blessing in disguise. I'm happy my Armenian journey took me where I am.

This article was originally published in Today's Zaman.

Event Information

This year marks the centenary of the atrocities perpetrated against the Armenian people of the Ottoman Empire during World War I by the governing Committee of Union and Progress. Most scholars and many governments consider these horrific events––in which more than one million people were systematically massacred or marched to their deaths––to constitute the first modern European genocide. Turkish society has begun to open up and confront the issue over the last decade. Turkish authorities, however, continue to reject the use of the term genocide, contest the number of deaths, and highlight the fact that many other minority groups, Muslims, and Turks were killed in the same period as the war-ravaged empire unraveled. For descendants of the survivors, Turkey’s official refusal to reckon fully with this painful chapter of its past is a source of deep distress and concern and undermines societal efforts toward understanding and reconciliation. Armenians have also raised the question of reparations, further adding to the problem.

On May 13, the Center on the United States and Europe at Brookings (CUSE), together with the Massachusetts Institute of Technology (MIT) Center for International Studies, the Hrant Dink Memorial Human Rights and Justice Lectureship at MIT, and the Carnegie Endowment for International Peace held a conference with several leading scholars of the Armenian genocide and other international experts. Speakers considered the historical record and circumstances of the genocide amid the disorder of World War I; how Turkey, Armenia, and other key actors have dealt with the legacy of 1915; and how this legacy continues to reverberate in the region today, with protracted conflicts in the Caucasus and where religious and ethnic minority groups have been deliberately targeted for expulsion and death amid the upheavals in Iraq, Syria, and other states that emerged from the rubble of the Ottoman Empire.

Join the conversation on Twitter using #Armenia1915

Video

• 1915 and the unmaking of peoples: Deportations, massacres, and genocide
• The making of an “almost intractable conflict” and attempts at its resolution
• 2015 and its horrors : A century after 1915

Audio

• Armenians and the legacies of World War I

Transcript

• Transcript (.pdf)

Event Materials

• 20150513_armenia_transcript

If you're an upstanding U.S. citizen, you'll stand up and be counted this Election Day, right? Well, maybe not. Just because Americans can vote doesn't mean they do. But who shows up is what decides the tight races, which makes turnout one of the most closely watched aspects of every election -- and one that has fostered a number of myths. Here are five, debunked:

1. Thanks to increasing voter apathy, turnout keeps dwindling.

This is the mother of all turnout myths. There may be plenty of apathetic voters out there, but the idea that ever fewer Americans are showing up at the polls should be put to rest. What's really happening is that the number of people not eligible to vote is rising -- making it seem as though turnout is dropping.

Those who bemoan a decline in American civic society point to the drop in turnout from 55.2 percent in 1972, when 18-year-olds were granted the right to vote, to the low point of 48.9 percent in 1996. But that's looking at the total voting-age population, which includes lots of people who aren't eligible to vote -- namely, noncitizens and convicted felons. These ineligible populations have increased dramatically over the past three decades, from about 2 percent of the voting-age population in 1972 to 10 percent today.

When you take them out of the equation, the post-1972 "decline" vanishes. Turnout rates among those eligible to vote have averaged 55.3 percent in presidential elections and 39.4 percent in midterm elections for the past three decades. There has been variation, of course, with turnout as low as 51.7 percent in 1996 and rebounding to 60.3 percent by 2004. Turnout in the most recent election, in fact, is on a par with the low-60 percent turnout rates of the 1950s and '60s.

2. Other countries' higher turnout indicates more vibrant democracies.

You can't compare apples and oranges. Voting rules differ from nation to nation, producing different turnout rates. Some countries have mandatory voting. If Americans were fined $100 for playing voter hooky on Election Day, U.S. participation might increase dramatically. But in fact, many people with a ballot pointed at their head simply cast a blank one or a nonsense vote for Mickey Mouse.

Moreover, most countries have national elections maybe once every five years; the United States has presidential or congressional elections every two years. Frequent elections may lead to voter fatigue. New European Union elections, for instance, seem to be depressing turnout in member countries. After decades of trailing turnout in the United Kingdom, U.S. turnout in 2004 was on a par with recent British elections, in which turnout was 59.4 percent in 2001 and 61.4 percent in 2005.

Americans are asked to vote more often -- in national, state, local and primary contests -- than the citizens of any other country. They can be forgiven for missing one or two elections, can't they? Even then, over the course of several elections, Americans have more chances to participate and their turnout may be higher than that in countries where people vote only once every five years.

3. Negative ads turn off voters and reduce turnout.

Don't be so sure. The case on this one is still open. Negative TV advertising increased in the mid-1980s, but turnout hasn't gone down correspondingly. The negative Swift boat campaign against Sen. John F. Kerry (D-Mass.) apparently did little to depress turnout in the 2004 presidential race.

Some academic studies have found that negative advertising increases turnout. And that's not so surprising: A particularly nasty ad grabs people's attention and gets them talking. People participate when they're interested. A recent GOP attack ad on Rep. Harold E. Ford Jr. (D-Tenn.), a Senate candidate, has changed the dynamic of the race, probably not because it changed minds or dissuaded Democrats, but because it energized listless Republicans.

We'll have to wait to see whether the attack on Ford backfires because voters perceive it as unfair. That's the danger of going negative. So campaigns tend to stick to "contrast ads," in which candidates contrast their records with those of their opponents. When people see stark differences between candidates, they're more likely to vote.

4. The Republican "72-hour campaign" will win the election.

Not necessarily. You can lead citizens to the ballot, but you can't make them vote.

Republicans supposedly have a super-sophisticated last-minute get-out-the-vote effort that identifies voters who'll be pivotal in electing their candidates. Studies of a campaign's personal contact with voters through phone calls, door-to-door solicitation and the like find that it does have some positive effect on turnout. But people vote for many reasons other than meeting a campaign worker, such as the issues, the closeness of the election and the candidates' likeability. Further, these studies focus on get-out-the-vote drives in low-turnout elections, when contacts from other campaigns and outside groups are minimal. We don't know what the effects of mobilization drives are in highly competitive races in which people are bombarded by media stories, television ads and direct mail.

Republican get-out-the-vote efforts could make a difference in close elections if Democrats simply sat on the sidelines. But this year Democrats have vowed to match the GOP mobilization voter for voter. So it'll take more than just knowing whether a prospective voter owns a Volvo or a BMW for Republicans to eke out victory in a competitive race.

5. Making voter registration easier would dramatically increase turnout.

Well, yes and no.

In 1993, the Democratic government in Washington enacted "Motor Voter," a program that allowed people to register to vote when they received their driver's license or visited a welfare office. Democrats thought that if everyone were registered, turnout rates would increase -- by as much as 7 percentage points.

But while many people registered to vote, turnout didn't go up much. Subsequent studies found only small increases in turnout attributable to Motor Voter, perhaps 2 percentage points.

Sizable increases in turnout can be seen in states with Election Day registration, which allows people to register when they vote. This may be related to the fact that lots of people don't make up their minds to vote until Election Day, rather than months in advance when they get a license.

Policy makers at all levels, federal and state and local governments, are depositing great faith in innovation as a driver of economic growth and job creation. In the knowledge economy, universities have been called to play a central role as knowledge producers. Universities are actively seeking to accommodate those public demands and many have engaged an ongoing review of their educational programs and their research portfolios to make them more attuned to industrial needs. Technology transfer is a function that universities are seeking to make more efficient in order to better engage with the economy.

By law, universities can elect to take title to patents from federally funded research and then license them to the private sector. For years, the dominant model of technology transfer has been to market university patents with commercial promise to prospect partners in industry. Under this model, very few universities have been able to command high licensing fees while the vast majority has never won the lottery of a “blockbuster” patent. Most technology transfer offices are cost centers for their universities.

However, upon further inspection, the winners of this apparent lottery seem to be an exclusive club. Over the last decade only 37 universities have shuffled in the top 20 of the licensing revenue ranking. What is more, 5 of the top 20 were barely covering the expenses of their tech transfer offices; the rest were not even making ends meet.[i] It may seem that the blockbuster patent lottery is rigged. See more detail in my Brookings report.

That appearance is due to the fact that landing a patent of high commercial value is highly dependent on the resources available to universities. Federal research funding is a good proxy variable to measure those resources. Figure 1 below shows side by side federal funding and net operating income of tech transfer offices. If high licensing revenues are a lottery; then it is one in which only universities with the highest federal funding can participate. Commercial patents may require a critical mass of investment to build the capacity to produce breakthrough discoveries that are at the same time mature enough for the private investors to take an interest.

Figure 1. A rigged lottery?

High federal research funding is the ticket to enter the blockbuster patent lottery

Source: Author elaboration with AUTM data (2013) [ii]

But now, let’s turn onto another view of the asymmetry of resources and licensing revenues of  universities; the geographical dimension. In Figure 2 we can appreciate the degree of dispersion (or concentration) of both, federal research investment and licensing revenue, across the states. It is easy to recognize the well-funded universities on the East and West coast receiving most of federal funds, and it is easy to observe as well that it is around the same regions, albeit more scattered, that licensing revenues are high.

If policymakers are serious about fostering innovation, it is time to discuss the asymmetries of resources among universities across the nation. Licensing revenues is a poor measure of technology transfer activity, because universities engage in a number of interactions with the private sector that do not involve patent licensing contracts. However, this data hints at the larger challenge: If universities are expected to be engines of growth for their regions and if technology transfer is to be streamlined, federal support must be allocated by mechanisms that balance the needs across states. This is not to suggest that research funding should be reallocated from top universities to the rest; that would be misguided policy. But it does suggest that without reform, the engines of growth will not roar throughout the nation, only in a few places.

Figure 2. Tech Transfer Activites Depend on Resources

Bubbles based on Metropolitan Statistical Areas and propotional to size of the variable

Wouldn’t it be great if complex social problems could be solved by technology? Alvin Weinberg suggested in 1967 that technical engineering could work better than social engineering; the argument advocated quick fixes to the most urgent problems of humanity at least to alleviate pain while more complete solutions were worked out. However controversial was this idea, our reliance on technology has only increased since then. Still, over the same period, we have also come to appreciate better the unanticipated consequences of technological advancement. In light of our experience leaping forward as well as our tripping and tumbling along the way, we should make two considerations in designing a technological fix.

Consideration 1: Serious attention to unwanted consequences

A consideration of first-order is the study of unwanted effects and tradeoffs introduced by the technology. Take for instance nanoparticles—particles in the range of one to a hundred nanometers—that enable new properties in materials in which they are mixed; for instance, maintaining permeability in fine-particle filtration to make available inexpensive water purification devices for vulnerable populations. Once these nano-enabled filters reach the end of their usable life and are discarded, those minuscule particles could be released in the environment and exponentially increase the toxicity of the resulting waste.

No less important than health and environmental effects are social, economic, and cultural consequences. Natural and social sciences are thus partners in the design of this kind of technological solution and transdisciplinary research is needed to improve our understanding of the various dimensions relevant to these projects. What is more, the incremental choices that set a particularly technology along a developmental pathway demand a different kind of knowledge because those choices are not merely technical, they involve values and preferences.

Consideration 2: Stakeholder engagement

But whose values and preferences matter? Surely everyone with a stake in the problem the fix is trying to solve will want to answer that question. If tech fixes are meant to address a specific social problem, those who will live with the consequences must have a say in the development of that solution. This prescription does not imply doing away with the current division of labor in technological development completely. Scientists and engineers need a degree of autonomy to work productively. Yet, input from and participation by stakeholders must occur far in advance of the completion of the development process because along the way a host of questions arise as to what trade-offs are acceptable. Non-experts are perfectly capable of answering questions about their values and preferences.

The market system provides to some extent this kind of check for technologies advancing incrementally. In an ideal market scenario, one of high competition, the stakeholders on the demand side vote with their wallets, and companies refine their products to gain market share. But the development of a technological fix is neither incremental nor distributed in that manner. It is generally concentrated in a few hands and it is, by design, disruptive and revolutionary. That’s why stakeholders must have a say in key developmental decisions so as to calibrate carefully those technologies to the values and preferences of the very people they intend to help.

Translating these considerations into policy

The federal government first funded in 1989 a program for the analysis of Ethical, Legal, Social implications (ELSI) within the Human Genome Project. The influence this program had in the direction and key decisions of the HGP was at best modest; rather, it practically institutionalized a separation between the hard science and the understanding of human and social dimensions of the science.[i]  By the time the National Nanotechnology Initiative was launched in 1999, some ELSI-type programs sought to breach the separation. With grants from the National Science Foundation, two centers for the study of nanotechnology in society were established at the University of California Santa Barbara and Arizona State University. CNS-UCSB and CNS-ASU have become hubs for research on the governance of technological development that integrate the technical, social, and human dimensions. One such effort is a pilot program of real-time technology assessment (RTTA) that achieved a more robust engagement with the various stakeholders of emerging nanotechnologies (see citizens tech-forum) and tested interventions at several points in the research and development of nanotechnologies to integrate concerns from the social sciences and humanities (see socio-technical integration). Building upon those experiences, the future of federal funding of technological fixes must include ELSI analyses more like the aforementioned RTTA program, that contrary to being an addendum to technical programs are fully integrated in the decision structure of research and development efforts.

Whenever emerging technologies such as additive manufacturing, synthetic biology, big data, or climate engineering are considered as the kernel of a technological fix, developers must understand that engineering the artifact itself does not suffice. An effective solution requires also the careful analysis of unwanted effects and a serious effort for stakeholder engagement, lest the solution be worse than the problem.

An academic-industrial partnership published last January in the prestigious journal Nature the results of the development of antibiotic teixobactin. The reported work is still at an early preclinical stage but it is nevertheless good news. Over the last decades the introduction of new antibiotics has slowed down nearly to a halt and over the same period we have seen a dangerous increase in antibiotic resistant bacteria.

Such is the magnitude of the problem that it has attracted the attention of the U.S. government. Accepting several recommendations presented by the President’s Council of Advisors on Science and Technology (PCAST) in their comprehensive report, the Obama Administration issued last September an Executive Order establishing an interagency Task Force for combating antibiotic resistant bacteria and directing the Secretary of Human and Health Services (HHS) to establish an Advisory Council on this matter. More recently the White House issued a strategic plan to tackle this problem.

Etiology of antibiotic resistance

Infectious diseases have been a major cause of morbidity and mortality from time immemorial. The early discovery of sulfa drugs in the 1930s and then antibiotics in the 1940s significantly aided the fight against these scourges. Following World War II society experienced extraordinary gains in life expectancy and overall quality of life. During that period, marked by optimism, many people presumed victory over infectious diseases. However, overuse of antibiotics and a slowdown of innovation, allowed bacteria to develop resistance at such a pace that some experts now speak of a post-antibiotic era.

The problem is manifold: overuse of antibiotics, slow innovation, and bacterial evolution.

The overuse of antibiotics in both humans and livestock also facilitated the emergence of antibiotic resistant bacteria. Responsibility falls to health care providers who prescribed antibiotics liberally and patients who did not complete their prescribed dosages. Acknowledging this problem, the medical community has been training physicians to avoid pressures to prescribe antibiotics for children (and their parents) with infections that are likely to be viral in origin. Educational efforts are also underway to encourage patients to complete their full course of every prescribed antibiotic and not to halt treatment when symptoms ease. The excessive use of antibiotics in food-producing animals is perhaps less manageable because it affects the bottom line of farm operations. For instance, the FDA reported that even though famers were aware of the risks, antibiotics use in feedstock increased by 16 percent from 2009 to 2012.

The development of antibiotics—perhaps a more adequate term would be anti-bacterial agents—indirectly contributed to the problem by being incremental and by nearly stalling two decades ago. Many revolutionary innovations in antibiotics were introduced in a first period of development that started in the 1940s and lasted about two decades. Building upon scaffolds and mechanisms discovered theretofore, a second period of incremental development followed over three decades, through to 1990s, with roughly three new antibiotics introduced every year. High competition and little differentiations rendered antibiotics less and less profitable and over a third period covering the last 20 years pharmaceutical companies have cut development of new antibiotics down to a trickle.

The misguided overuse and misuse of antibiotics together with the economics of antibiotic innovation compounded the problem taking place in nature: bacteria evolves and adapts rapidly.

Current policy initiatives

The PCAST report recommended federal leadership and investment to combat antibiotic-resistant bacteria in three areas: improving surveillance, increasing the longevity of current antibiotics through moderated usage, and picking up the pace of development of new antibiotics and other effective interventions.

To implement this strategy PCAST suggested an oversight structure that includes a Director for National Antibiotic Resistance Policy, an interagency Task Force for Combating Antibiotic Resistance Bacteria, and an Advisory Council to be established by the HHS Secretary. PCAST also recommended increasing federal support from $450 million to $900 million for core activities such as surveillance infrastructure and development of transformative diagnostics and treatments. In addition, it proposed $800 million in funding for the Biomedical Advanced Research and Development Authority to support public-private partnerships for antibiotics development.

The Obama administration took up many of these recommendations and directed their implementation with the aforementioned Executive Order. More recently, it announced a National Strategy for Combating Antibiotic Resistant Bacteria to implement the recommendations of the PCAST report. The national strategy has five pillars: First, slow the emergence and spread of resistant bacteria by decreasing the abusive usage of antibiotics in health care as well as in farm animals; second, establish national surveillance efforts that build surveillance capability across human and animal environments; third, advance development and usage of rapid and innovative diagnostics to provide more accurate care delivery and data collection; forth, seek to accelerate the invention process for new antibiotics, other therapeutics and vaccines across all stages, including basic and applied research and development; finally, emphasize the importance of international collaboration and endorse the World Health Organization Action Plan to address antimicrobial resistance.

University-Industry partnerships

Therefore, an important cause of our antibiotic woes seems to be driven by economic logic. On one hand, pharmaceutical companies have by and large abandoned investment in antibiotic development; competition and high substitutability have led to low prices and in their financial calculation, pharmaceutical companies cannot justify new developmental efforts. On the other hand, farmers have found the use of antibiotics highly profitable and thus have no financial incentives to halt their use.

There is nevertheless a mirror explanation of a political character.

The federal government allocates about $30 billion for research in medicine and health through the National Institutes of Health. The government does not seek to crowd out private research investment; rather, the goal is to fund research the private sector would not conduct because the financial return of that research is too uncertain. Economic theory prescribes government intervention to address this kind of market failure. However, it is also government policy to privatize patents to discoveries made with public monies in order to facilitate their transfer from public to private organizations. An unanticipated risk of this policy is the rebalancing of the public research portfolio to accommodate the growing demand for the kind of research that feeds into attractive market niches. The risk is that the more aligned public research and private demand become, the less research attention will be directed to medical needs without great market prospects. The development of new antibiotics seems to be just that kind of neglected medical public need. If antibiotics are unattractive to pharmaceutical companies, antibiotic development should be a research priority for the NIH. We know that it is unlikely that Congress will increase public spending for antibiotic R&D in the proportion suggested by PCAST, but the NIH could step in and rebalance its own portfolio to increase antibiotic research. Either increasing NIH funding for antibiotics or NIH rebalancing its own portfolio, are political decisions that are sure to meet organized resistance even stronger than antibiotic resistance.

The second mirror explanation is that farmers have a well-organized lobby. It is no surprise that the Executive Order gingerly walks over recommendations for the farming sector and avoid any hint at an outright ban of antibiotics use, lest the administration is perceived as heavy-handed. Considering the huge magnitude of the problem, a political solution is warranted. Farmers’ cooperation in addressing this national problem will have to be traded for subsidies and other extra-market incentives that compensate for loss revenues or higher costs. The administration will do well to work out the politics with farmer associations first before they organize in strong opposition to any measure to curb antibiotic use in feedstock.

Addressing this challenge adequately will thus require working out solutions to the economic and political dimensions of this problem. Public-private partnerships, including university-industry collaboration, could prove to be a useful mechanism to balance the two dimensions of the equation. The development of teixobactin mentioned above is a good example of this prescription as it resulted from collaboration between the university of Bonn Germany, Northeastern University, and Novobiotic Pharmaceutical, a start-up in Cambridge Mass.

If the NIH cannot secure an increase in research funding for antibiotics development and cannot rebalance substantially its portfolio, it can at least encourage Cooperative Research and Development Agreements as well as university start-ups devoted to develop new antibiotics. In order to promote public-private and university-industry partnerships, policy coordination is advised. The nascent enterprises will be assisted greatly if the government can help them raise capital connecting them to venture funding networks or implementing a loan guarantees programs specific to antibiotics.  It can also allow for an expedited FDA approval which would lessen the regulatory burden. Likewise, farmers may be convinced to discontinue the risky practice if innovation in animal husbandry can effectively replace antibiotic use. Public-private partnerships, particularly through university extension programs, could provide an adequate framework to test alternative methods, scale them up, and subsidize the transition to new sustainable practices that are not financially painful to farmers.

Yikun Chi contributed to this post

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NASA’s Asteroid Initiative encompasses efforts for the human exploration of asteroids—as well as the Asteroid Grand Challenge—to enhance asteroid detection capabilities and mitigate their threat to Earth. The human space flight portion of the initiative primarily includes the Asteroid Redirect Mission (ARM), which is a proposal to put an asteroid in orbit of the moon and send astronauts to it. The program originally contemplated two alternatives for closer study: capturing a small 10m diameter asteroid versus simply recovering a boulder from a much larger asteroid. Late in March, NASA offered an update of its plans. It has decided to retrieve a boulder from an asteroid near Earth’s orbit—candidates are the asteroids 2008 EV5, Bennu, and Itokawa—and will place the boulder on the moon’s orbit to further study it.

This mission will help NASA develop a host of technical capabilities. For instance, Solar Electric Propulsion uses solar electric power to charge atoms for spacecraft propulsion—in the absence of gravity, even a modicum of force can alter the trajectory of a body in outer space. Another related capability under development is the gravity tractor, which is based on the notion that even the modest mass of a spacecraft can exert sufficient gravitational force over an asteroid to ever so slightly change its orbit. The ARM spacecraft mass could be further increased by its ability to capture a boulder from the asteroid that is steering clear of the Earth, enabling a test of how humans might prevent asteroid threats in the future. Thus, NASA will have a second test of how to deflect near-Earth objects on a hazardous trajectory. The first test, implemented as part of the Deep Impact Mission, is a kinetic impactor; that is, crashing a spacecraft on an approaching object to change its trajectory.

The Asteroid Initiative is a partner of the agency’s Near Earth Object Observation (NEOO) program. The goal of this program is to discover and monitor space objects traveling on a trajectory that could pose the risk of hitting Earth with catastrophic effects. The program also seeks to develop mitigation strategies. The capabilities developed by ARM could also support other programs of NASA, such as the manned exploration of Mars.

NEOO has recently enjoyed an uptick of public support. It used to be funded at about $4 million in the 1990s and in 2010 was allocated a paltry $6 million. But then, a redirection of priorities—linked to the transition from the Bush to the Obama administrations—increased funding for NEOO to about $20 million in 2012 and $40 million in 2014—and NASA is seeking $50 million for 2015. It is clear that NASA officials made a compelling case for the importance of NEOO; in fact, what they are asking seems quite a modest amount if indeed asteroids pose an existential risk to life on earth. At the same time, the instrumental importance of the program and the public funds devoted to it beg the question as to whether taxpayers should have a say in the decisions NASA is making regarding how to proceed with the program.

NASA has done something remarkable to help answer this question.

Last November, NASA partnered with the ECAST network (Expert and Citizen Assessment of Science and Technology) to host a citizen forum assessing the Asteroid Initiative. ECAST is a consortium of science policy and advocacy organizations which specializes in citizen deliberations on science policy. The forum consisted of a dialogue with 100 citizens in Phoenix and Boston who learned more about the asteroid initiative and then commented on various aspects of the project.

The participants, who were selected to approximate the demographics of the U.S. population, were asked to assess mitigation strategies to protect against asteroids. They were introduced to four strategies: civil defense, gravity tractor, kinetic impactor, and nuclear blast deflection. As part of the deliberations, they were asked to consider the two aforementioned approaches to perform ARM. A consensus emerged about the boulder retrieval option primarily because citizens thought that option offered better prospects for developing planetary defense technologies.  This preference existed despite the excitement of capturing a full asteroid, which could potentially have additional economic impacts. The participants showed interest in promoting the development of mitigation capabilities at least as much as they wanted to protect traditional NASA goals such as the advancement of science and space flight technology. This is not surprising given that concerns about doomsday should reasonably take precedence over traditional research and exploration concerns.

NASA could have decided to set ARM along the path of boulder retrieval exclusively on technical merits, but having conducted a citizen forum, the agency is now able to claim that this decision is also socially robust, which is to say, is responsive to public values of consensus. In this manner, NASA has shown a promising method by which research mission federal agencies can increase their public accountability.

In the same spirit of responsible research and innovation, a recent Brookings paper I authored with David Guston—who is a co-founder of ECAST—proposes a number of other innovative ways in which the innovation enterprise can be made more responsive to public values and social expectations.

Kudos to NASA for being at the forefront of innovation in space exploration and public accountability.

Universities cash handsome awards on infringement cases

Last month, a jury found Apple Inc. guilty of infringing a patent of the University of Wisconsin-Madison (UW) and ordered the tech giant to pay $234 million. The university scored a big financial victory, but this hardly meant any gain for the good name of the university.

The plaintiffs argued successfully in court that Apple infringed their 1998 patent on a predictor circuit that greatly improved the efficiency of microchips used in the popular iPhone 5s, 6, and 6 Plus. Apple first responded by challenging the validity of the patent, but the US Patent and Trademark Office ruled in favor of the university. Apple plans to appeal, but the appellate court is not likely to reverse the lower court’s decision.

This is not the first time this university has asserted its patents rights (UW sued Intel in 2008 for this exact same patent and reportedly settled for $110 million). Nor is this the first time universities in general have taken infringers to court. Prominent cases in recent memory include Boston University, which sued several companies for infringement of a patent for blue light-emitting diodes and settled out of court with most of them, and Carnegie Mellon, who was awarded $237 million by the federal appellate court on its infringement suit against Marvell, a semiconductor company, for its use of an enhanced detector of data in hard drives called Kavcic detectors.

Means not always aligned with aims in patent law

When university inventions emerge from federal research grants, universities can also sue the infringers, but in those cases they would be testing the accepted interpretations of current patent law.

The Bayh-Dole Act of 1980 extended patent law and gave small-business and universities the right to take title to patents from federal grants—later it was amended to extend the right to all federal grantees regardless of size. The ostensible aim of this act is to “to promote the utilization of inventions arising from federally supported research or development.” Under the law, a condition for universities to keep their exclusive rights on those patents is that they or their licensees take “effective steps to achieve practical application” of those patents. Bayh-Dole was not designed to create a new source of revenue for universities. If companies are effectively using university technologies, Bayh-Dole’s purpose is served without need of the patents.

To understand this point, consider a counterfactual: What if the text of Bayh-Dole had been originally composed to grant a conditional right to patents for federal research grantees? The condition could be stated like this: “This policy seeks to promote the commercialization of federally funded research and to this end it will use the patent system. Grantees may take title to patents if and only if other mechanisms for disseminating and developing those inventions into useful applications prove unsuccessful.” Under this imagined text, the universities could still take title to patents on their inventions if they or the U.S. Patent and Trademark Office were not aware that the technologies were being used in manufactures.

But no court would find their infringement claim meritorious if the accused companies could demonstrate that, absent of willful infringement, they had in fact used the technologies covered by university patents in their commercial products. In this case, other mechanisms for disseminating and developing the technologies would have proven successful indeed. The reality that Bayh-Dole did not mandate such a contingent assignation of rights creates a contradiction between its aims and the means chosen to advance those aims for the subset of patents that were already in use by industry.

I should clarify that the predictor circuit, the blue-light diode, and the Kavcic detectors are not in that subset of patents. But even in they were, there is no indication that the University of Wisconsin-Madison would have exercised its patent rights with any less vigor just because the original research was funded by public funds. Today, it is fully expected from universities to aggressively assert their patent rights regardless of the source of funding for the original research.

You can have an answer for every question and still lose the debate

It is this litigious attitude that puts off many observers. While the law may very well allow universities to be litigious, universities could still refuse to exercise their rights under circumstances in which those rights are not easily reconciled with the public mission of the university.

Universities administrators, tech transfer personnel, and particularly the legal teams winning infringement cases have legitimate reasons to wonder why universities are publicly scorned. After all, they are acting within the law and simply protecting their patent rights; they are doing what any rational person would do. They may be really surprised when critics accuse universities of becoming allies of patent trolls, or of aiding and abetting their actions. Such accusations are unwarranted. Trolls are truants; the universities are venerable institutions. Patent trolls would exploit the ambiguities of patent law and the burdens of due process to their own benefit and to the detriment of truly productive businesses and persons. In stark contrast, universities are long established partners of democracy, respected beyond ideological divides for their abundant contributions to society.

The critics may not be fully considering the intricacies of patent law. Or they may forget that universities are in need of additional revenue—higher education has not seen public financial support increase in recent years, with federal grants roughly stagnated and state funding falling drastically in some states. Critics may also ignore that revenues collected from licensing of patents, favorable court rulings, and out-of-court settlements, are to a large extent (usually two thirds of the total) plugged back into the research enterprise.

University attorneys may have an answer for every point that critics raise, but the overall concern of critics should not be dismissed outright. Given that many if not most university patents can be traced back to research funded by tax dollars, there is a legitimate reason for observers to expect universities to manage their patents with a degree of restraint. There is also a legitimate reason for public disappointment when universities do not seem to endeavor to balance the tensions between their rights and duties.

Substantive steps to improve the universities’ public image

Universities can become more responsive to public expectations about their character not only by promoting their good work, but also by taking substantive steps to correct misperceptions.

First, when universities discover a case of proven infringement, they should take companies to court as a measure of last resort. If a particular company refuses to negotiate in good faith and an infringement case ends up in court, the universities should be prepared to demonstrate to the court of public opinion that they have tried, with sufficient insistence and time, to negotiate a license and even made concessions in pricing the license. In the case of the predictor circuit patent, it seems that the University of Wisconsin-Madison tried to license the technology and Apple refused, but the university would be in a much better position if it could demonstrate that the licensing deals offered to Apple would have turned to be far less expensive for the tech company.

Second, universities would be well advised not to join any efforts to lobby Congress for stronger patent protection. At least two reasons substantiate this suggestion. First, as a matter of principle, the dogmatic belief that without patents there is no innovation is wrong. Second, as a matter of material interest, universities as a group do not have a financial interest in patenting. It’s worth elaborating these points a bit more.

Neither historians nor social science researchers have settled the question about the net effects of patents on innovation. While there is evidence of social benefits from patent-based innovation, there is also evidence of social costs associated with patent-monopolies, and even more evidence of momentous innovations that required no patents. What’s more, the net social benefit varies across industries and over time. Research shows economic areas in which patents do spur innovation and economic sectors where it actually hinders them. This research explains, for instance, why some computer and Internet giants lobby Congress in the opposite direction to the biotech and big pharma industries. Rigorous industrial surveys of the 1980s and 1990s found that companies in most economic sectors did not use patents as their primary tool to protect their R&D investments.

Yet patenting has increased rapidly over the past four decades. This increase includes industries that once were uninterested in patents. Economic analyses have shown that this new patenting is a business strategy against patent litigation. Companies are building patent portfolios as a defensive strategy, not because they are innovating more. The university’s public position on patent policy should acknowledge that the debate on the impact of patents on innovation is not settled and that this impact cannot be observed in the aggregate, but must be considered in the context of each specific economic sector, industry, or even market. From this vantage point, universities could then turn up or down the intensity with which they negotiate licenses and pursue compensation for infringement. Universities would better assert their commitment to their public mission if they compute on a case by case basis the balance between social benefits and costs for each of its controversial patents.

As to the material interest in patents, it is understandable that some patent attorneys or the biotech lobby publicly espouse the dogma of patents, that there is no innovation without patents. After all, their livelihood depends on it. However, research universities as a group do not have any significant financial interest in stronger patent protection. As I have shown in a previous Brookings paper, the vast majority of research universities earn very little from their patent portfolios and about 87% of tech transfer offices operate in the red. Universities as a group receive so little income from licensing and asserting their patents relative to the generous federal support (below 3%), that if the federal government were to declare that grant reviewers should give a preference to universities that do not patent, all research universities would stop the practice at once. It is true that a few universities (like the University of Wisconsin-Madison) raise significant revenue from their patent portfolio, and they will continue to do so regardless of public protestations. But the majority of universities do not have a material interest in patenting.

Time to get it right on anti-troll legislation

Last year, the House of Representative passed legislation closing loopholes and introducing disincentives for patent trolls. Just as mirror legislation was about to be considered in the Senate, Sen. Patrick Leahy withdrew it from the Judiciary Committee. It was reported that Sen. Harry Reid forced the hand of Mr. Leahy to kill the bill in committee. In the public sphere, the shrewd lobbying efforts to derail the bill were perceived to be pro-troll interests. The lobbying came from pharmaceutical companies, biotech companies, patent attorneys, and, to the surprise of everyone, universities.  Little wonder that critics overreacted and suggested universities were in partnership with trolls: even if they were wrong, these accusations stung.

University associations took that position out of a sincere belief in the dogma of patents and out of fear that the proposed anti-troll legislation limited their ability to sue patent infringers. However, their convictions stand on shaky ground and their material interests are not those of the vast majority of universities.

A reversal of that position is not only possible, but would be timely. When anti-troll legislation is again introduced in Congress, universities should distance themselves from efforts to protect the policy status quo that so benefits patent trolls. It is not altogether improbable that Congress sees fit to exempt universities from some of the requirements that the law would impose. University associations could show Congress the merit of such exemptions in consideration of the universities’ constant and significant contributions to states, regions, and the nation. However, no such concessions could ever be expected if the universities continue to place themselves in the company of those who profit from patent management.

No asset is more valuable for universities than their prestige. It is the ample recognition of their value in society that guarantees tax dollars will continue to flow into universities. While acting legally to protect their patent rights, universities are nevertheless toying with their own legitimacy. Let those universities that stand to gain from litigation act in their self-interest, but do not let them speak for all universities. When university associations advocate for stronger patent protection, they do the majority of universities a disservice. These associations should better represent the interests of all their members by advocating a more neutral position about patent reform, by publicly praising universities’ restraint on patent litigation, and by promoting a culture and readiness in technology transfer offices to appraise each patent not by its market value but by its social value. At the same time, the majority of universities that obtain neither private nor social benefits from patenting should press their political representatives to adopt a more balanced approach to policy advocacy, lest they squander the reputation of the entire university system.

This post originally appeared on the Center for Technology Innovation’s TechTank blog.

Universities cash handsome awards on infringement cases

This October, a jury found Apple Inc. guilty of infringing a patent of the University of Wisconsin-Madison (UW) and ordered the tech giant to pay $234 million. The university scored a big financial victory, but this hardly meant any gain for the good name of the university.

The plaintiffs argued successfully in court that Apple infringed their 1998 patent on a predictor circuit that greatly improved the efficiency of microchips used in the popular iPhone 5s, 6, and 6 Plus. Apple first responded by challenging the validity of the patent, but the US Patent and Trademark Office ruled in favor of the university. Apple plans to appeal, but the appellate court is not likely to reverse the lower court’s decision.

This is not the first time this university has asserted its patents rights (UW sued Intel in 2008 for this exact same patent and reportedly settled for $110 million). Nor is this the first time universities in general have taken infringers to court. Prominent cases in recent memory include Boston University, which sued several companies for infringement of a patent for blue light-emitting diodes and settled out of court with most of them, and Carnegie Mellon, who was awarded $237 million by the federal appellate court on its infringement suit against Marvell, a semiconductor company, for its use of an enhanced detector of data in hard drives called Kavcic detectors.

Means not always aligned with aims in patent law

When university patented inventions emerge from federal research grants, infringement suits test the accepted interpretations of current patent law.

The Bayh-Dole Act of 1980 extended patent law and gave small-business and universities the right to take title to patents from federal research grants—later it was amended to extend the right to all federal grantees regardless of size. The ostensible aim of this act is to “to promote the utilization of inventions arising from federally supported research or development.” Under the law, a condition for universities (or any other government research performers) to keep their exclusive rights on those patents is that they or their licensees take “effective steps to achieve practical application” of those patents. Bayh-Dole was not designed to create a new source of revenue for universities. If companies are effectively using university technologies, Bayh-Dole’s purpose is served without need of patents.

To understand this point, consider a counterfactual: What if the text of Bayh-Dole had been originally composed to grant a conditional right to patents for federal research grantees? The condition could be stated like this: “This policy seeks to promote the commercialization of federally funded research and to this end it will use the patent system. Grantees may take title to patents if and only if other mechanisms for disseminating and developing those inventions into useful applications prove unsuccessful.” Under this imagined text, the universities could still take title to patents on their inventions if they or the U.S. Patent and Trademark Office were not aware that the technologies were being used in manufactures.

But no court would find their infringement claim meritorious if the accused companies could demonstrate that, absent of willful infringement, they had in fact used the technologies covered by university patents in their commercial products. In this case, other mechanisms for disseminating and developing the technologies would have proven successful indeed. The reality that Bayh-Dole did not mandate such a contingent assignation of rights creates a contradiction between its aims and the means chosen to advance those aims for the subset of patents that were already in use by industry.

I should remark that UW’s predictor circuit resulted from grants from NSF and DARPA and there is no indication that the university exercised its patent rights with any less vigor just because the original research was funded by public funds. In fact, it is fully expected from universities to aggressively assert their patent rights regardless of the source of funding for the original research.

You can have an answer for every question and still lose the debate

It is this litigious attitude that puts off many observers. While the law may very well allow universities to be litigious, universities could still refuse to exercise their rights under circumstances in which those rights are not easily reconciled with the public mission of the university.

Universities administrators, tech transfer personnel, and particularly the legal teams winning infringement cases have legitimate reasons to wonder why universities are publicly scorned. After all, they are acting within the law and simply protecting their patent rights; they are doing what any rational person would do. They may be really surprised when critics accuse universities of becoming allies of patent trolls, or of aiding and abetting their actions. Such accusations are unwarranted. Trolls are truants; the universities are venerable institutions. Patent trolls would exploit the ambiguities of patent law and the burdens of due process to their own benefit and to the detriment of truly productive businesses and persons. In stark contrast, universities are long established partners of democracy, respected beyond ideological divides for their abundant contributions to society.

The critics may not be fully considering the intricacies of patent law. Or they may forget that universities are in need of additional revenue—higher education has not seen public financial support increase in recent years, with federal grants roughly stagnated and state funding falling drastically in some states. Critics may also ignore that revenues collected from licensing of patents, favorable court rulings, and out-of-court settlements, are to a large extent (usually two thirds of the total) plugged back into the research enterprise.

University attorneys may have an answer for every point that critics raise, but the overall concern of critics should not be dismissed outright. Given that many if not most university patents can be traced back to research funded by tax dollars, there is a legitimate reason for observers to expect universities to manage their patents with a degree of restraint. There is also a legitimate reason for public disappointment when universities do not seem to endeavor to balance the tensions between their rights and duties.

Substantive steps to improve the universities’ public image

Universities can become more responsive to public expectations about their character not only by promoting their good work, but also by taking substantive steps to correct misperceptions.

First, when universities discover a case of proven infringement, they should take companies to court as a measure of last resort. If a particular company refuses to negotiate in good faith and an infringement case ends up in court, the universities should be prepared to demonstrate to the court of public opinion that they have tried, with sufficient insistence and time, to negotiate a license and even made concessions in pricing the license. In the case of the predictor circuit patent, it seems that the University of Wisconsin-Madison tried to license the technology and Apple refused, but the university would be in a much better position if it could demonstrate that the licensing deals offered to Apple would have turned to be far less expensive for the tech company.

Second, universities would be well advised not to join any efforts to lobby Congress for stronger patent protection. At least two reasons substantiate this suggestion. First, as a matter of principle, the dogmatic belief that without patents there is no innovation is wrong. Second, as a matter of material interest, universities as a group do not have a financial interest in patenting. It’s worth elaborating these points a bit more.

Neither historians nor social science researchers have settled the question about the net effects of patents on innovation. While there is evidence of social benefits from patent-based innovation, there is also evidence of social costs associated with patent-monopolies, and even more evidence of momentous innovations that required no patents. What’s more, the net social benefit varies across industries and over time. Research shows economic areas in which patents do spur innovation and economic sectors where it actually hinders them. This research explains, for instance, why some computer and Internet giants lobby Congress in the opposite direction to the biotech and big pharma industries. Rigorous industrial surveys of the 1980s and 1990s found that companies in most economic sectors did not use patents as their primary tool to protect their R&D investments.

Yet patenting has increased rapidly over the past four decades. This increase includes industries that once were uninterested in patents. Economic analyses have shown that this new patenting is a business strategy against patent litigation. Companies are building patent portfolios as a defensive strategy, not because they are innovating more. The university’s public position on patent policy should acknowledge that the debate on the impact of patents on innovation is not settled and that this impact cannot be observed in the aggregate, but must be considered in the context of each specific economic sector, industry, or even market. From this vantage point, universities could then turn up or down the intensity with which they negotiate licenses and pursue compensation for infringement. Universities would better assert their commitment to their public mission if they compute on a case by case basis the balance between social benefits and costs for each of its controversial patents.

As to the material interest in patents, it is understandable that some patent attorneys or the biotech lobby publicly espouse the dogma of patents, that there is no innovation without patents. After all, their livelihood depends on it. However, research universities as a group do not have any significant financial interest in stronger patent protection. As I have shown in a previous Brookings paper, the vast majority of research universities earn very little from their patent portfolios and about 87% of tech transfer offices operate in the red. Universities as a group receive so little income from licensing and asserting their patents relative to the generous federal support (below 3%), that if the federal government were to declare that grant reviewers should give a preference to universities that do not patent, all research universities would stop the practice at once. It is true that a few universities (like the University of Wisconsin-Madison) raise significant revenue from their patent portfolio, and they will continue to do so regardless of public protestations. But the majority of universities do not have a material interest in patenting.

Time to get it right on anti-troll legislation

Last year, the House of Representative passed legislation closing loopholes and introducing disincentives for patent trolls. Just as mirror legislation was about to be considered in the Senate, Sen. Patrick Leahy withdrew it from the Judiciary Committee. It was reported that Sen. Harry Reid forced the hand of Mr. Leahy to kill the bill in committee. In the public sphere, the shrewd lobbying efforts to derail the bill were perceived to be pro-troll interests. The lobbying came from pharmaceutical companies, biotech companies, patent attorneys, and, to the surprise of everyone, universities.  Little wonder that critics overreacted and suggested universities were in partnership with trolls: even if they were wrong, these accusations stung.

University associations took that position out of a sincere belief in the dogma of patents and out of fear that the proposed anti-troll legislation limited the universities’ ability to sue patent infringers. However, their convictions stand on shaky ground and only a few universities sue for infringement. In taking that policy position, university associations are representing neither the interests nor the beliefs of the vast majority of universities.

A reversal of that position is not only possible, but would be timely. When anti-troll legislation is again introduced in Congress, universities should distance themselves from efforts to protect the policy status quo that so benefits patent trolls. It is not altogether improbable that Congress sees fit to exempt universities from some of the requirements that the law would impose. University associations could show Congress the merit of such exemptions in consideration of the universities’ constant and significant contributions to states, regions, and the nation. However, no such concessions could ever be expected if the universities continue to place themselves in the company of those who profit from patent management.

No asset is more valuable for universities than their prestige. It is the ample recognition of their value in society that guarantees tax dollars will continue to flow into universities. While acting legally to protect their patent rights, universities are nevertheless toying with their own legitimacy. Let those universities that stand to gain from litigation act in their self-interest, but do not let them speak for all universities. When university associations advocate for stronger patent protection, they do the majority of universities a disservice. These associations should better represent the interests of all their members by advocating a more neutral position about patent reform, by publicly praising universities’ restraint on patent litigation, and by promoting a culture and readiness in technology transfer offices to appraise each patent not by its market value but by its social value. At the same time, the majority of universities that obtain neither private nor social benefits from patenting should press their political representatives to adopt a more balanced approach to policy advocacy, lest they squander the reputation of the entire university system.

Editor's Note: The post was corrected to state that UW’s predictor circuit did originate from federally funded research.

Tuesday night, President Obama presented four critical questions about the future of America and I should like to comment on the first two:

1. How to produce equal opportunity, emphasizing economic security for all.
2. In his words, “how do we make technology work for us, and not against us,” particularly to meet the “urgent challenges” of our days.

The challenges the president wishes to meet by means of technological development are climate change and cancer. Let’s consider cancer first. There are plenty of reasons to be skeptical: this is not the first presidential war against cancer, President Nixon tried that once and, alas cancer still has the upper hand. It is ironic that Mr. Obama chose this particular ”moonshot”, because not only are the technical aspects of cancer more uncertain than those of space travel, political support for the project is vastly different and we cannot be sure that even another Democrat in the White House would see this project to fruition. In effect, neither Mr. Obama nor his appointed “mission control”, Vice President Biden, have time in office to see fruits from their efforts on this front.

The second challenge the president wishes to address with technology is problematic beyond technical and economic feasibility (producing renewable energy at competitive prices); curbing carbon emissions has become politically intractable. The president correctly suggested that being leaders in the renewable energy markets of the future makes perfect business sense, even for global warming skeptics. Nevertheless, markets have a political economy, and current energy giants have a material interest in not allowing any changes to the rules that so favor them (including significant federal subsidies). Only when the costs of exploration, extraction, and distribution of fossil fuels rise above those of renewable sources, we can expect policy changes enabling an energy transition to become feasible. When renewables are competitive on a large scale, it is not very likely that their production will be controlled by new industrial players. Such is the political economy of free markets. What’s more, progressives should be wary of standard solutions that would raise the cost of energy (such as a tax on carbon emissions), because low income families are quite sensitive to energy prices; the cost of electricity, gas, and transportation is a far larger proportion of their income than that of their wealthier neighbors.

It’s odd that the president proposes technological solutions to challenges that call for a political solution. Again, in saying this, I’m allowing for the assumption that the technical side is manageable, which is not necessarily a sound assumption to make. The technical and economic complexity of these problems should only compound political hurdles. If I’m skeptical that technological fixes would curb carbon emissions or cure cancer, I am simply vexed by the president’s answer to the question on economic opportunity and security: expand the safety net. It is not that it wouldn’t work; it worked wonders creating prosperity and enlarging the middle-class in the post-World War II period. The problem is that enacting welfare state policies promises to be a hard political battle that, even if won, could result in pyrrhic victories. The greatest achievement of Mr. Obama expanding the safety net was, of course, the Affordable Care Act. But his policy success came at a very high cost: a majority of the voters have questions about the legitimacy of that policy. Even its eponymous name, Obamacare, was coined as a term of derision. It is bizarre that opposition to this reform is often found amidst people who benefit from it. We can blame the systematic campaign against it in every electoral contest, the legal subterfuges brought up to dismantle it (that ACA survived severely bruised), and the AM radio vitriol, but even controlling for the dirty war on healthcare reform, passing such as monumental legislation strictly across party lines has made it the lighting rod of distrust in government.

Progressives are free to try to increase economic opportunity following the welfare state textbook. They will meet the same opposition that Mr. Obama encountered. However, where progressives and conservatives could agree is about increasing opportunities for entrepreneurs, and nothing gives an edge to free enterprise more than innovation. Market competition is the selection mechanism by which an elite of enterprises rises from a legion created any given year; this elite, equipped with a new productive platform, can arm-wrestle markets from the old guard of incumbents. This is not the only way innovation takes place: monopolies and cartels can produce innovation, but with different outcomes. In competitive markets, innovation is the instrument of product differentiation; therefore, it improves quality and cuts consumer prices. In monopolistic markets, innovation also takes place, but generally as a monopolist’s effort to raise barriers to entry and secure high profits. Innovation can take place preserving social protections to the employees of the new industries, or it can undermine job security of its labor force (a concern with the sharing economy). These different modes of innovation are a function of the institutions that govern innovation, including industrial organization, labor and consumer protections.

What the President did not mention is that question two can answer question one: technological development can improve economic opportunity and security, and that is likely to be more politically feasible than addressing the challenges of climate change and cancer. Shaping the institutions that govern innovative activity to favor modes of innovation that benefit a broad base of society is an achievable goal, and could indeed be a standard by which his and future administrations are measured. This is so because these are not the province of the welfare state. They are policy domains that have historically enjoyed bipartisan consensus (such as federal R&D funding, private R&D tax credits) or low contestation (support for small business, tech transfer, loan guarantees).

As Mr. Obama himself suggested, technology can be indeed be made to work for us, all of us.

Editors' Note: How can the U.S. government better counter ISIS propaganda? As the State Department overhauls its counter messaging program, Will McCants and Clint Watts examine what makes ISIS’s online magazine, Dabiq, so successful, and the obstacles to the U.S. government producing a publication that effective. This piece originally appeared on The Daily Beast.

The Obama administration attributes much of ISIS’s success at communicating to its technological savvy, which has elevated the group to a global media and terrorist phenomenon. The president has gone so far as to say that the Paris attackers were a “bunch of killers with good social media.”

Despite the praise heaped on the so-called Islamic State for its cutting-edge propaganda online, one of its most effective products is decidedly low tech. Dabiq, ISIS’s online news magazine, has a small but devoted readership that spans the globe. News of advances on the battlefield excite them—more evidence that God’s kingdom on earth has returned and grows. Stories of fighters inspire them—more models to emulate as they contemplate what role they can play in the divine drama unfolding.

Journalists and analysts read it with almost the same intensity as ISIS fans; the contents of each volume fill newspapers and think-tank reports soon after it’s released. And no wonder: the magazine clearly states the organization’s goals; provides news of its activities that advance those goals; showcases personal stories of the people engaged in the activities; and announces major developments in the organization’s fight against its enemies. It’s a wealth of information presented between two covers every few months.

Can you name a single U.S. government publication or online platform devoted to the anti-ISIS fight that is as informative or as widely-read as Dabiq? Is there anything that tells us what all these air sorties are for? Who’s fighting this fight on the ground? What advances the coalition has made and why we should we care? We couldn’t come up with one either.

That got us to thinking: why can’t the U.S. government publish something like Dabiq online? Lack of imagination isn’t the reason. A news magazine isn’t a very creative idea—Americans perfected the form, which ISIS copied. And if anything, folks inside the government have too many overly-imaginative ideas, most of them involving whiz-bang technology. If you’ve thought it, they’ve thought it. A social media campaign for youth to come up with ways to counter violent extremism? Check. Sock-puppetry? Check.

The only real obstacle impeding the U.S. government is itself. The executive branch’s complicated bureaucracy, legal strictures, and sensitivity to criticism from media and Congress make it tough to publish a Dabiq-style magazine. To see what we mean, let’s look at two of Dabiq’s regular features and see what would happen if the U.S. government tried to mimic them:

Attack Reports: Each issue of Dabiq details its attacks on its enemies. One entry in issue 12 chronicled ISIS’s efforts to capture an airbase in Dayr al-Zawr, Syria. Another described four suicide attacks on the Saudi-led coalition fighting southern Yemen. Pictures accompany most entries, some quite gruesome.

The U.S. government routinely writes these types of reports for internal consumption. But when they’re public—and thus under the scrutiny of Congress that holds the pursestrings and the media that holds the careerstrings—routine gives way to caution and quarreling.

If the president asks his government to write attack reports for the public, the U.S. Department of State and the Department of Defense will quarrel about who will take the lead in writing and publishing them. Then they and the intelligence agencies will quarrel over which reports should be included. Will this report counter the president’s insistence that we have no boots on the ground? Will that report make it look like our Iraqi partners aren’t carrying their weight? Does this one tell the enemy too much about our game plan? Does that picture make U.S. soldiers look too menacing? Will this report later be discredited by the media? Will these battlefield successes be reversed in the future? Does anyone know if another agency has said this or its opposite? Will anyone trust what we’re saying? Shouldn’t someone else be saying this?

When something finally slides off the serpentine conveyor belt months later, it will be a bland blob devoid of detail and relevance. Meanwhile, ISIS will have added twelve more volumes to its shelves.

Biographies of Fighters: Dabiq sometimes profiles its fighters, including the young men on the front lines dying for ISIS’s cause. The fighters tell their stories and explain their reasons for fighting. In issue 8, for example, there is a Q&A with the man who murdered a prominent politician in Tunisia. He explains why he did it and how it advances the greater goals of the Islamic State.

The United States military used to feature these sorts of stories, too—back when the American war in Iraq was a massive, overt affair. Now, that’s not the case. The identities of the Americans fighting in Syria and Iraq are a well-guarded secret because the government does not want them or their families to become targets. The government would also frown on them for nonchalantly talking about killing lest the American public get upset. And then there’s that boots on the ground thing.

Without personal stories, we’re left with drones buzzing in the sky, and buzz-cut officers droning through stale Pentagon briefings. The human cost on both sides is reduced to numbers on slides, which means Americans can’t appreciate the true costs of war and foreigners can’t appreciate the sacrifices Americans are making on their behalf.

Some readers might feel that the U.S. government should be constrained in these ways. They want the government to be sensitive to public opinion and exceedingly cautious when talking about war and violence. If so, they shouldn’t complain when the U.S. government explains its anti-ISIS fight in the vaguest possible terms—that’s the outcome of extreme caution compounded by bureaucratic bargaining on a mind-boggling scale. Others might feel we need to reform the way government does messaging. If so, don’t propose to change the system first. Rather, ask the system to perform a simple task like the one we’ve described and see where it breaks down. Then you’ll know what to fix.

Making a news magazine probably isn’t the high tech solution the government is looking for, at least judging by Friday’s pilgrimage of senior security officials to Silicon Valley and the revamping of State Department’s online counter messaging campaign. But if our byzantine, poll-sensitive government can’t do something so basic, it won’t perform better when it’s tasked with something more complicated no matter how much technology it uses.

Will McCants: ISIS-claimed attacks in Paris, Beirut, and Egypt indicate the organization wants to take the fight to its enemies abroad. One reason might be that all is not well in ISIS-land. The nascent state in Syria and Iraq has lost around 25 percent of its territory and tens of thousands of fighters in the year since America and its allies began to their campaign to defeat it. While the state still endures for now, it's under tremendous pressure because of the costs of ceaseless war.

To explain the troubles ISIS faces at home, we have invited a group of scholars to comment on its governance over the past years and speculate on what they might face in the year ahead. First was Mara Revkin, who examined how opinions towards ISIS have changed since it captured Mosul more than a year ago.

Next up is Aymenn al-Tamimi, a Jihad-Intel research fellow at the Middle East Forum, who argues that internal documents show increasing challenges for the Islamic State. 

Aymenn al-Tamimi: There are a variety of ways to assess Islamic State (or ISIS) governance over its territories. One angle involves trying to talk to residents living within ISIS-controlled lands, and indeed this is the primary line of evidence Mara Revkin relies on in her piece assessing ISIS administration.

While oral testimony may produce some interesting observations on ISIS governance, it is also beset with difficulties in reliability and corroboration. The ISIS system of rule is a totalitarian dictatorship, on the lookout for anyone who could be deemed to be collaborating with the outside world. As such, residents may be reluctant to criticize, out of fear that they could be accused of leaking information harmful to ISIS. That can get a person disappeared or publicly executed. 

Last year, when I was speaking with a friend living in the western Anbar town of Rawa, he initially said that most residents preferred life under ISIS: 

“We are not content like before but I and most of the people here prefer living under the shade of the Islamic State, as no soldier comes upon our lands, and now I assure you that all the people of Rawa will fight in one rank against the [Iraqi] army if it tries to advance an inch because the army won’t have mercy on anyone…and this is the truth…and I give you knowledge of the sentiment among most of the people who were persecuted by the army but had committed no crime or fault, but we only lack [national grid] electricity.” 

At first glance, his sentiments seem quite understandable. Harassment, mass arrests, and disappearances in prisons of Iraqi Sunnis by the Baghdad government’s security forces were common grievances—maybe they have more weight than loss of access to public services like the national electricity grid, from which most areas under IS control have now been cut off. 

Yet in a subsequent conversation, in which I inquired about any publications ISIS had distributed in his area, the fear of ISIS became very apparent: 

“Brother, you know why I am cautious in giving you information: because the Internet is being monitored. And I want to know what you will do with it and whether this thing will harm the Dawla [ISIS], because after God Almighty and Exalted is He, we don’t have anything besides the Islamic State, and I fear having a [negative] effect on them.” 

Another resident of Rawa refused to discuss anything about life in the town, with the same concern about Internet communication being monitored by ISIS. 

These examples offer a glimpse into the challenges of understanding ISIS administration through local testimony. How can we be sure the testimony is not compromised on account of fear? It is of course possible to find people critical of ISIS living within its territories: for instance, a relative in Mosul told me a year ago that 90 percent of the city’s inhabitants prefer life before ISIS, but said fear prevents them from expressing their true feelings. But how does one even verify that claim? 

Cracks in the system

With clear shortcomings in oral testimony, I prefer to focus instead on internal ISIS documents to understand the evolution in governance—as well as problems facing ISIS that we don’t see in the endless streams of propaganda. To be sure, this method also has limitations: though I have managed to compile hundreds of documents so far, they likely constitute only a small fraction of the whole cache. Only if the ISIS project collapses with loss of major strongholds like Raqqa and Mosul—and hopefully the capture of tens of thousands of documents—will we get a fuller picture. 

Even so, the documents unearthed so far yield a number of important insights. The ISIS bureaucracy is ostensibly comprehensive and impressive, but it is clear that as time progresses, the state project is facing challenges due to pressure from its enemies. 

Only if the ISIS project collapses with loss of major strongholds like Raqqa and Mosul—and hopefully the capture of tens of thousands of documents—will we get a fuller picture.

For example, in mid-2015, the agricultural department issued a general notification urging people to conserve grain stocks on account of the “economic war” being waged by the coalition against ISIS, indicating that agricultural output in ISIS territories was in trouble. In addition, while ISIS makes no secret of its appeals for medical personnel to come to the caliphate, internal documents show that brain-drain is also a problem: multiple ultimatums have been issued, calling for medical professionals to return to ISIS lands or risk having their property confiscated. 

While ISIS would like to cultivate a new generation of professionals, the only real existing institution is Mosul University, which practically remains open only to Iraqi students. ISIS closed some departments on the grounds of contravening its ideology, and even those that remain open cannot function, likely owing to the wider issue of brain drain.

Documents also show great concern about the anti-ISIS coalition’s ability to launch airstrikes on high-profile targets. Worried about data security, the ISIS leadership increasingly attempts to restrict all broadcasting of information to its own channels. It has warned fighters and commanders not to open social media accounts or use mobiles, and recently banned satellite television.

Cash rules everything

Finally, for all the criticisms of the anti-ISIS coalition’s strategies, it is clear that they have significantly dented the group’s financial revenues. The Iraqi government no longer pays salaries of workers living under ISIS rule, airstrikes have hit ISIS-owned assets in the oil industry, Kurdish People's Protection Units (YPG) have taken the key Syria-Turkey border point of Tel Abyad, and Turkey has tightened security on remaining border areas under ISIS control. 

As a result, ISIS has reduced expenditures and increased taxation on its populations. In Mosul, for instance, ISIS imposed all costs for printing textbooks on school students. From Raqqa province, a memo dating to November/December 2015 established a 50 percent pay cut for all fighters, regardless of rank. The latter pointed to “the exceptional circumstances” ISIS is facing (referring, no doubt, to financial troubles). This is particularly significant as a financial budget I obtained from Deir az-Zor province shows that military upkeep—primarily in the form of fighters’ salaries—can be reasonably estimated to account for two-thirds of ISIS expenditures. These pay cuts may exacerbate problems of military cohesion in ISIS’s ranks—evidenced by a month-long general amnesty issued in October 2015 for deserters, and the failures of mobilization efforts to stop the Assad regime and Iran from breaking the ISIS siege of Kweiris airbase in Aleppo province.

Bring the fight home

For all of these insights into internal challenges for the ISIS project, I deem the prospect of collapse from an internal revolt unlikely. It is evident that internal opponents of ISIS face a stifling environment, and no one to date has offered them an alternative model of governance. Any internal uprisings that do occur—such as the Sha’itat revolt in Deir az-Zor province back in 2014—have been put down with ruthless efficiency. From the economic side, the group’s financial difficulties are unlikely to translate into total collapse, as it’s impossible to completely seal off cash flow between ISIS and the outside world. 

All of this shows that it will be up to outside forces to take the fight against ISIS to its heartlands.

Will McCants: ISIS-claimed attacks in Paris, Beirut, and Egypt indicate the organization wants to take the fight to its enemies abroad. One reason might be that all is not well in ISIS-land. The nascent state in Syria and Iraq has lost around 25 percent of its territory and tens of thousands of fighters in the year since America and its allies began to their campaign to defeat it. While the state still endures for now, it's under tremendous pressure because of the costs of ceaseless war.

To explain the troubles ISIS faces at home, we have invited a group of scholars to comment on its governance over the past years and speculate on what they might face in the year ahead. First was Mara Revkin, who examined how opinions towards ISIS have changed since it captured Mosul more than a year ago.

Next up was Aymenn al-Tamimi, a Jihad-Intel research fellow at the Middle East Forum, who argued that internal documents show increasing challenges for the Islamic State. 

This time, we’ve asked Aaron Zelin, the Richard Borow Fellow at the Washington Institute for Near East Policy, to weigh in with a historical perspective.

Aaron Zelin: Attempts by salafi-jihadis to create states or govern territory are not a new phenomenon. Even for the Islamic State (IS), this is its second attempt at establishing a state and governing territories it controls. What sets it apart this time is the level of planning, sophistication, and capabilities compared to ten years ago.

Unlike the prior pieces in this series, I hope to present a historical perspective on IS governance, since I do not think one can be separate from the other.

The first state

In October 2006—when the Islamic State of Iraq (ISI) was declared—the leader of al-Qaida in the Land of Two Rivers (better known as AQI), Abu Ayyub al-Masri (Abu Hamza al-Muhajir) pledged allegiance to the new self-declared leader of the faithful, Abu ‘Umar al-Baghdadi. In a January 2007 book, ISI’s Shaykh ‘Uthman ‘Abd al-Rahman al-Tamimi explains the rationale for declaring the state. In it, he also outlines the state’s responsibilities for areas it controls: prosecuting criminals and sinners, implementation of the hudud (fixed punishments in the Qur’an and Hadith), mediating and resolving conflicts, providing security, distributing food and relief, and selling oil and gas. 

Although it called itself a state, the Islamic State of Iraq controlled only small amounts of territory, for limited periods of time—in no small part because of the American military occupation, but also due to insurgent and tribal competition for power. It attempted to show a veneer of legitimacy by establishing a cabinet of ministries in April 2007 and September 2009. Because of ISI’s limitations, it was nearly impossible to resolve conflicts, provide security, distribute food and relief, or sell oil and gas. Instead, it fell back on mostly only instituting hisba (moral policing) activities and targeting enemies as murtadin (apostates) and therefore legitimate to target and kill. Ten years ago, therefore, ISI did not live up to its own standards of governance excellence.

Ten years ago, therefore, ISI did not live up to its own standards of governance excellence.

ISI killed and kidnapped leaders from prior allies—such as the Islamic Army of Iraq, Ansar al-Sunnah, and other insurgent factions—because they were unwilling to pledge allegiance to al-Baghdadi. It required female residents to wear the niqab, burned down beauty salons and stores selling music, flogged individuals for drinking alcohol or smoking cigarettes, and banned barbers’ use of electric razors. ISI also banned positioning certain fruits next to one another at markets out of concerns over sexual innuendo, as well as banned the local bread (samun) and the use of ice. In town after town, this precipitated what eventually became known as the tribal sahwa, or awakening. That, along with the U.S. military surge in Iraq, tactically defeated ISI by 2009.

Towards a second state

Since ISI was only tactically and not strategically defeated, it used the American drawdown of troops that ended in December 2011, Sunni grievances with the Nouri al-Maliki regime in Baghdad, and most importantly the battlefield next door in Syria to rebuild its infrastructure and capabilities. As I noted in March 2013, a month before it changed its name to the Islamic State of Iraq and al-Sham (ISIS): “Through sectarian rhetoric, [ISI] will use the Syrian fight to try and gain more recruits in Iraq and redeem itself for its lost opportunity last decade.” Indeed it did. This time proved much different than a decade earlier. It also had a provisional position paper that outlined how it sought to take over territory and govern.

Prior to the infighting that began in January 2014 between ISIS and revolutionary, Islamist, and other jihadi factions in Syria, there was an understanding among the different insurgent forces against the Assad regime. As a consequence, ISIS was able to embed itself within the broader anti-Assad coalition even if other factions were wary of it—unlike now, when IS has pariah status. From April 2013 to January 2014, ISIS’s main focus was to present itself in a positive light to the Syrian population through da’wa (missionary) forums and by providing services. It also conducted softer moral policing, such as burning cigarettes or confiscating alcohol. But similar to a decade ago, it also killed other leaders from Syrian insurgent factions, prompting backlash. ISIS was pushed out of Latakia, Idlib, and parts of Aleppo governorates between January and March 2014. 

This led to ISIS’s independent consolidation of territory farther to the east in the Raqqa governorate and parts of Dair al-Zour governorate. It is also when more harsh punishments began to appear, such as cutting off hands for robbery or crucifying alleged apostates. In this period, ISIS also sought to appear as a state-like entity, showing off its various administrative departments including its da’wa offices, shariah courts, religious schools, police stations, and local municipalities, among others. It was an uneven process across its proto-wilayat (provinces) until its June 2014 declaration of the Caliphate, when ISIS changed its name again—to IS.

The second state

Since then, based on my review of thousands of IS media releases, a pattern emerged in IS attempts to expand, take over new territory, and consolidate its control. IS’s systematizing, bureaucratizing, and formalizing its governance structures allow it to operate consistently and in parallel across its various wilayat. This governance model can equally be applied in its core territory of Iraq and Syria as well as various other provinces. It is far more advanced than its prior incarnations, let alone al-Qaida branches (the closest instance being al-Shabab in Somalia).

IS’s systematizing, bureaucratizing, and formalizing its governance structures allow it to operate consistently and in parallel across its various wilayat.

My research demonstrates that IS state-building exhibits two stages: pre- or partial territorial control and full territorial control. Within these two categories are five phases of establishing control: intelligence, military, da’wa, hisba (consumer protection and moral policing), and governance. Although hisba would generally be considered part of IS’s governance apparatus, I separated the two—this helps distinguish the level of advancement and sophistication associated with meting out justice, versus that associated with actual services, administration, and economic activity, since the former is easier to implement than the latter. More details with specifics and case studies can be found here.

When compared with its first state as ISI and its building toward a second state as ISIS, the post-June 2014 IS structures, plans, and implementation are far superior.

When compared with its first state as ISI and its building toward a second state as ISIS, the post-June 2014 IS structures, plans, and implementation are far superior. Further, depending on the date and the particular province, IS did live up to its own standards of governance. That’s not to legitimize it, but rather to understand it on its own terms. This increased efficacy illustrates the organization’s ability to learn from past experiences. It also suggests that IS may apply lessons learned as more of its governance plays out in areas outside of Iraq and Syria—especially in Libya, but possibly even in Yemen or Afghanistan in the future. New knowledge will sharpen IS’s thinking and continue its growth and evolution as well as shorten its learning curve.

Therefore, aspects of the IS model could shift in the future. Moreover, since the American-led airstrikes began, its capabilities have been slowly diminished. As a result, it is currently difficult to determine whether IS is living up to its standards anymore.

Moreover, since the American-led airstrikes began, its capabilities have been slowly diminished. As a result, it is currently difficult to determine whether IS is living up to its standards anymore.

Watch and learn

Similar to IS, al-Qaida is in the process of learning lessons from the governance experience of the ISI in the mid-2000s. It is also looking back on its first attempted cases of governance activities by its own branches in the past several years in Somalia, Yemen, Mali, and Syria. Unlike IS, al-Qaida is attempting to root itself into local insurgencies in Libya, Syria, Yemen, and Mali, and not play a monopolizing role (at least for now). The second governance attempt by al-Qaeda in the Arabian Peninsula (AQAP) is still in its infancy, but its performance will provide more answers about the evolution in al-Qaida’s thinking on governance and how it differs from IS’s second governance attempt. 

The establishment of jihadi governance projects are a new normal. For now, it’s clear that IS has set a higher standard when compared to its earlier attempt a decade ago and to al-Qaida’s present governance. But the question going forward is whether either IS’s or al-Qaida’s models (or both) will be able to self-sustain in the long-term as they continue to incorporate lessons learned.

Will McCants: ISIS-claimed attacks in Paris, Beirut, and Egypt indicate the organization wants to take the fight to its enemies abroad. One reason might be that all is not well in ISIS-land. The nascent state in Syria and Iraq has lost around 25 percent of its territory and tens of thousands of fighters in the year since America and its allies began to their campaign to defeat it. While the state still endures for now, it's under tremendous pressure because of the costs of ceaseless war.

To explain the troubles ISIS faces at home, we have invited a group of scholars to comment on its governance over the past years and speculate on what they might face in the year ahead. First was Mara Revkin, who examined how opinions towards ISIS have changed since it captured Mosul more than a year ago. Then Aymenn al-Tamimi argued that internal documents show increasing challenges for the Islamic State. Next, Aaron Zelin weighed in with a historical perspective, analyzing the extent to which ISIS has lived up to its own standards of governance.

Now, we have Kamran Bokhari, a fellow with George Washington University's Program on Extremism, to argue that security—namely defending territory—is the foremost governance objective of ISIS in the short term.

Kamran Bokhari: Ascertaining the extent to which ISIS excels at governing requires, among other things, an understanding of its imperatives and capabilities. The most fundamental act of governance for any state is protecting its territory. With many of the world’s most powerful militaries now dedicating significant resources towards the Islamic State’s destruction, the group has its work cut out for it in this regard. Defending its current territorial holdings in Syria and Iraq (and expanding if and where possible) is the single most critical imperative for ISIS.

This is not to say that other aspects of governance, including those detailed by Mara Revkin, Aymenn al-Tamimi, and Aaron Zelin, are not priorities for ISIS. The polity erected by the transnational jihadist movement cannot hope to survive—much less expand—without the provision of essential services such as sanitation, utilities, healthcare, and education to its citizenry. However, ISIS can only focus so much on these functions when the areas it controls are under attack on multiple fronts. In the last few months, it has lost ground in certain areas—largely in Iraq—but its core turf in Syria remains intact. 

This resilience should sharpen the focus of U.S. and Western military and intelligence institutions. At present, analysts and policymakers focus too much on ISIS’s ideology and too little on its war-making tradecraft. Radicalization is necessary but not sufficient to produce violence—definitely not on the scale that ISIS has demonstrated. The geopolitical real estate directly under ISIS control in Syria and Iraq is about the size of the state of New York; if we include the swathes of land where it enjoys relative freedom of operation, it’s approximately as big as Great Britain. 

Defending such a wide expanse against ground assaults, airstrikes, special operations forces missions, as well as human and signals intelligence probes requires elaborate institutionalization. Aaron Zelin details how ISIS systematized bureaucratic structures between the fall of its first attempt at statehood (2006 to 2009) and its second incarnation (2011 to the present). During these periods, it crucially developed a multi-divisional conventional military and counter-intelligence. In addition to its primary need to defend its nascent state, the jihadist movement has spent most of its existence developing military and intelligence capabilities, which played a key role in its emergence as the most potent rebel force in post-Arab spring Syria. 

Where did ISIS leaders pick up their self-defense strategies? One answer is al-Qaida, though many analysts over-emphasize that linkage. ISIS leadership has also likely studied the rise and fall of the Islamic Emirate of Afghanistan. Run by the Afghan Taliban, the Emirate was the first and only contemporary jihadist movement to have established a state of any significance before ISIS. There are differences, of course. The Taliban emirate was based within the confines of the Afghan nation-state, and enjoyed active backing from Pakistan and other Gulf Arab states. Furthermore, ISIS leader Abu Bakr al-Baghdadi has denounced the movement founded by Mullah Mohammed Omar as a “deviant” entity. However, the experiences of the Afghan Taliban from 1996 to 2001 offer very valuable lessons for ISIS—all the more since the latter’s caliphate rejects national boundaries and lacks state sponsorship. 

Security first

ISIS leaders fear losing their nascent state in the face of growing economic and military pressures. They seek to avoid, in particular, the circumstances that allowed for the collapse of the Taliban regime following the September 11 attacks. Many have asked why ISIS would engage in transcontinental attacks in the West if its primary aim is the preservation of its polity. As Shadi Hamid has discussed, ISIS likely does not view its terrorist attacks like the one in Paris as undermining its state. I would actually argue that ISIS sees a U.S. ground intervention as only helping its cause. What it fears is a more complex approach from the Americans involving Syrian boots on the ground. 

Thus in many ways, ISIS’s caliphate today faces circumstances similar to the ones that the Taliban emirate did in late 2001. The U.S.-led coalition against the Taliban launched airstrikes, while intelligence and special operations forces supported an anti-Taliban militia coalition, the proverbial “boots on the ground.” Fast-forward 15 years, and the battlespace that ISIS finds itself in—though much more complex—has the same basic configuration. The ISIS leadership is now vigorously searching for ways to endure airstrikes, block intelligence efforts, and thwart special operations missions designed to take out critical leadership and infrastructure. 

Perhaps most pressing is the need to prevent the emergence of a critical mass of Kurdish and/or rival jihadist militias to whom ISIS could potentially lose significant tracts of land. In Afghanistan, anti-Taliban militiamen with U.S. support were able to stage a comeback from their bases in northern Afghanistan near the Tajikistan border, sweeping through Kabul and even seizing the Taliban’s home turf of Kandahar. ISIS does not want to experience something similar to that, with Syrian rebel forces turning toward its territory in eastern Syria, especially now that they have run into serious problems in western parts of the county. There, regime forces backed by Russian aircraft are gaining the upper hand in critical places in Aleppo and Idlib provinces. U.S. strategy, for its part, seems to be focused not on the collapse of the Assad regime but rather in equipping rebel forces to take on ISIS. Some rebels may do so in the hope of garnering greater Western support. 

For these reasons, ISIS needs to ensure that both those in its own ranks as well as the people over whom it rules have little incentive to desert or rebel. Coercion helps, but only to a certain extent. The Afghan Taliban learned this lesson the hard way, when the very same population that had initially welcomed it as protectors against anarchy turned against the movement and were instrumental in the implosion of its state. This is why the ISIS regime will try to balance coercion and the provision of quality services (which Mara Revkin highlights). But as Aymenn al-Tamimi notes, financial constraints seriously limit the organization’s ability to sustain public support by providing essential services without having to resort to tax increases. 

Civilian administration is a relatively new activity for ISIS, and it therefore will take time to improve its performance. In the short term, ISIS will focus more heavily on the security aspects of governance. It is better equipped and experienced in this sphere, given its own prior experience as non-state jihadist force. ISIS is likely to continue to focus on what it knows best, as doing so offers it a better chance of holding hard-fought ground against its opponents.

Event Information

The Center for 21st Century Security Intelligence seventh annual military and federal fellow research symposium

On March 1, the seventh annual military and federal fellow research symposium featured the independent research produced by members of the military services and federal agencies who are currently serving at think-tanks and universities across the nation. Organized by the fellows themselves, the symposium provides a platform for building greater awareness of the cutting-edge work that America’s military and governmental leaders are producing on key national security policy issues.

With presidential primary season well underway, it’s clear that whoever emerges in November 2016 as the next commander-in-chief will have their hands full with a number of foreign policy and national security choices. This year’s panels explored these developing issues and their prospects for resolution after the final votes have been counted. During their keynote conversation, the Honorable Michèle Flournoy discussed her assessment of the strategic threat environment with General John Allen, USMC (Ret.), who also provided opening remarks on strategic leadership and the importance of military and other federal fellowship experiences.

Video

• Opening remarks and The future of the All-Volunteer Force
• The next generation of terrorism
• Harnessing technology in the future force
• Keynote discussion: Assessing the strategic environment
• To intervene, or not to intervene?

Audio

• Beyond 2016: Security challenges and opportunities for the next administration

Will McCants: ISIS-claimed attacks in Paris, Beirut, and Egypt indicate the organization wants to take the fight to its enemies abroad. One reason might be that all is not well in ISIS-land. The nascent state in Syria and Iraq has lost around 25 percent of its territory and tens of thousands of fighters in the year since America and its allies began to their campaign to defeat it. While the state still endures for now, it's under tremendous pressure because of the costs of ceaseless war.

To explain the troubles ISIS faces at home, we have invited a group of scholars to comment on its governance over the past years and speculate on what they might face in the year ahead. First was Mara Revkin, who examined how opinions towards ISIS have changed since it captured Mosul more than a year ago. Then Aymenn al-Tamimi argued that internal documents show increasing challenges for the Islamic State. Next, Aaron Zelin weighed in with a historical perspective, analyzing the extent to which ISIS has lived up to its own standards of governance. And Kamran Bokhari argued that security—namely defending territory—is the foremost governance objective of ISIS in the short term.

Below is an analysis from Quinn Mecham, Assistant Professor of Political Science at Brigham Young University. He focuses on the need to provide alternative, positive models of governance for the populations living under ISIS control.

Quinn Mecham: The Islamic State group (ISIS), despite clear pretentions to statehood in the form of the “caliphate” it declared in June 2014, does not preside over a particularly successful “state.” It faces numerous challenges from both within and without, challenges that accelerated in 2015 with increasingly systematic airstrikes on ISIS fighters and facilities by numerous external actors. 

However, the governing institutions over which the Islamic State presides currently represent the best approximation of institutionalized governance for the millions of people in Iraq and Syria under its rule. Though international actors unanimously refuse to acknowledge the Islamic State as a legitimate state in the international system, it nevertheless provides many of the functions of a state for those living within its territory. The fulfillment of these state functions is critical to the lives and livelihoods of those governed in territory controlled by the Islamic State. An effective policy to challenge the Islamic State must take the group’s governance agenda into account by constructing appealing alternatives to Islamic State governance rather than simply seeking to undermine it. 

The Islamic State’s ambitious state-building efforts present a challenging policy problem for the array of states now fighting the Islamic State group. France, Britain, Russia, and the United States, among others, regularly articulate the urgent need to destroy the group and they have increasingly acted to do so. Airstrikes that accelerated in the later half of 2015 have put substantial pressure on the Islamic State’s institutions, killing off thousands of Islamic State fighters and destroying a substantial amount of military and economic infrastructure, most notably the capacity to refine and distribute oil resources. Ground operations, such as the one that retook the Iraqi city of Ramadi in December, have also ratcheted up the pressure. 

[I]n addition to degrading the organization, the attacks on ISIS are also degrading the only current form of effective governance for civilians.

While these efforts help fulfill the primary goal of degrading or destroying ISIS by targeting the group’s military and operational infrastructure, they also harm the coalition’s ultimate goal of creating regional stability. This is because, in addition to degrading the organization, the attacks on ISIS are also degrading the only current form of effective governance for civilians, leading to very negative consequences for the populations living under Islamic State rule. As governing capacity is degraded without providing an effective substitute for ISIS governance, many of the coalition’s objectives in the region will become more elusive in the medium term. Additionally, certain aspects of the Islamic State’s state-building goals, which outside groups would like to prevent, may actually be enhanced as a result of the conflict. 

War, what is it good for?

As military pressure mounts on the Islamic State, significant parts of its project are in danger, including its financing, military success, and leadership capacity. However, it is not certain that all aspects of its state capacity will decline. Scholarship on state-building makes it clear that although war can destroy states, it can also help to build them. Although the Islamic State is often viewed externally simply as a rebel group, its domestic state-building agenda follows the historical path of many developing states in that it has benefitted from some of the effects of being at war.

[A]lthough war can destroy states, it can also help to build them.

War helps to build states in a number of ways. First, it creates an environment where the state can much more efficiently extract resources from the population in the form of taxation, military conscription, or extortion. When security is at stake, people are more willing to give up other goods for protection; a state at war also has a high degree of readiness for violence, which can be applied to extract resources from its own people. 

Second, state survival during war requires a high degree of institutional efficiency, including the creation of new bureaucratic structures such as taxation systems, governance mechanisms, information networks, and other institutions designed to control and manage conquered territory. Finally, the pressures of constant warfare for those under threat and on the front lines can also solidify group commitments and strengthen aspects of the military culture, bureaucracy, and ideology that have contributed to the group’s success.

Scaling back

Certainly warfare also can degrade state capacity, and it has done so across Islamic State territory over the past year. Much of that degraded capacity is military in nature, but the process has also reduced state capacity on which civilians directly depend. There is substantial evidence now to suggest that military pressure on the Islamic State group has negatively impacted a variety of core state functions for civilians. While most coalition airstrikes to date have sought to avoid dominantly civilian targets, economic infrastructure has been actively targeted, leading to a significant decline in the resources devoted to civilian concerns.

Compared with only a year ago, the group is now a less effective distributor of resources and has also become more dependent on resource extraction from the populations that it controls. For example, as the group’s revenues from oil and the initial spoils from captured territory have declined, both its social service provision and its ability to pay salaries have severely deteriorated. This is harmful not just because of concerns over civilian protection, but also because it reduces social stability and plays into the group’s narrative that its enemies are making people’s lives much worse. While it is difficult to measure the extent to which civilians blame the group for these new difficulties, a current media crackdown in ISIS territory means that the dominant ISIS narrative of blaming external aggressors is the only one disseminated and likely has significant impact on public opinion.

After airstrikes accelerated in the autumn, an internal Islamic State memo revealed that due to a loss of revenue, the salaries of Islamic State fighters were being cut by a dramatic 50 percent from the original promised payments. These cuts have also affected non-military employees of the Islamic State, spreading to all civil servants. At the same time, the prices for basic goods have been dramatically increasing. Financial infrastructure has also been targeted, making basic economic transactions much harder, while declining soldier salaries make it more likely that those with guns will look to civilian resources to supplement their incomes. Popular policies such as subsidies for bread have been difficult to finance and in some areas under external pressure, essentials such as wheat have become very scarce. This pressure on the food supply impacts civilians in unpredictable ways because the Islamic State has tightly regulated agricultural markets and has failed to allow free market mechanisms to efficiently distribute food resources. 

In the realm of health and education, student registration fees have gone up dramatically while subsidies have declined, scaling back access to a key service designed to systematically socialize students into the ideology of the Islamic State. Professionals are also fleeing Islamic State territory, as exemplified by physicians who have been leaving the Islamic State in large numbers. Despite apparently having significant physical resources for basic medical care, such as vaccinations, the new labor shortage of physicians has made it impossible to keep up regular vaccination schedules within the civilian population. More recently, pressure on obtaining key medical supplies has also increased. 

Two sides of the coin

Attacks on the Islamic State have therefore both strengthened and degraded different components of state capacity. Some aspects of state capacity have actually increased under conditions of war, such as taxation, extortion, conscription, and coercive institutions that control civilians. Military attacks have degraded other aspects of the state, however, such as the resources of ISIS fighters and civil servants, resource distribution capacity, and institutions that support economic development. 

It is not yet clear what these changes in military and state capacity will have on the overall trajectory of Islamic State survival and the stated goal to destroy the Islamic State. While the Islamic State could ultimately be destroyed by a coalition military campaign that proactively takes and governs territory, under the present strategy it is much more likely that the Islamic State will persist and continue to preside over a fragile and increasingly marginal system of governance that is neither good for the group, for the people that live within its territory, or for long-term stability in the Middle East. 

Costs and benefits of a military campaign

This creates a set of difficult policy choices because there are also many good reasons for the military campaign against the Islamic State. The group has demonstrated its capacity and will continue to launch violent attacks on a range of international targets, providing external actors with clear justification to destroy the group’s military capacity in an effort to maintain global security. Likewise, the group’s military success and territorial control are central to its attractiveness to foreign fighters. The ideology that drives the Islamic State depends in part on its continued ability to challenge the current international system. Delivering sustained military defeats is therefore critical to puncturing the group’s apocalyptic narrative of ever greater success and expansion. 

Much of the Islamic State’s domestic control is also maintained through fear, and military defeats confirm in the public imagination that the group can be beaten, from without and potentially from within. Although significant local challenges have not yet materialized, as the Islamic State’s coercive capacity becomes weaker, defections to other groups may occur, and domestic opponents may begin to recalculate their odds of a successful challenge. 

[U]nder the present strategy it is much more likely that the Islamic State will persist and continue to preside over a fragile and increasingly marginal system of governance.

The clear need for military action must, however, be weighed against the serious costs to both civilian populations and to the long-term war effort of harming existing state capacity on which civilians depend. The largely aerial campaign against the Islamic State group has had painful effects on the populations it controls. The reduction of fuel availability, the collapse in salaries, the removal of food and educational subsidies, and the deep insecurity that comes from a constant fear of bombardment has likely done very little to endear civilian populations to the cause of the coalition’s military activity, which is often seen as supporting the Syrian regime. 

Degrading state capacity through military action also feeds into the group’s narrative that both the West and Arab leaders have no concern for Muslim civilians, and that the group is the only possible one that can act as a protector against external enemies. Dozens of recent Islamic State videos paint the anti-ISIS coalition as a Russian, Syrian, Jewish, or U.S. conspiracy designed to harm civilians. While it is difficult to determine the extent of civilian casualties as a result of the campaign to date, the heightened deprivation resulting from the coalition military campaign, coupled with a glaring lack of alternative models of good governance, is unlikely to break the dependence of civilians on the Islamic State. 

Wanted: Alternatives

When one takes the Islamic State’s substantive role in governance into account in formulating a strategy to destroy the group, it becomes increasingly clear that an effective military strategy must be coupled with a much more robust agenda to build alternative governance mechanisms if it is to be successful at permanently displacing the group from its territory. 

Challenging civilian dependence on the Islamic State requires alternative forms of governance that are more appealing to the populations currently governed by the group. Even if the quality of Islamic State governance declines in relative terms, a substantively more appealing option must be available if those currently under the Islamic State’s control will be willing to support it. The great current challenge is to formulate a policy that can meet or exceed the Islamic State’s ability to build governing institutions, not just tear them down. At this point in the tragic narrative, those craving good governance are likely to be much less interested in regime type than in institutions that can provide consistent levels of security, economic growth, and the rule of law.

The great current challenge is to formulate a policy that can meet or exceed the Islamic State’s ability to build governing institutions, not just tear them down.

While the Islamic State adeptly uses theatrical violence and fear to exercise control within its territory, a large portion of its success in maintaining control should also be attributed to the poor alternative options for the populations that reside within it. For many Sunnis in Iraq and Syria, the imaginable alternative models of governance are currently deeply unappealing. These include:

• re-absorption into the repressive cruelties of the Syrian state, 
• control by violent and corrupt Syrian rebel groups without a track record of effective governance, 
• governance by a deeply sectarian, Shiite-dominated Iraqi government that is dependent on ideological sectarian militias to maintain security, or 
• rule by ethnic Kurdish militias that have a poor reputation for their treatment of Arab communities. 

When compared with these options, the Islamic State group often comes across as more authentic, less corrupt, more committed to the rule of law, and a better provider of state services. Its current basic governance failures, while many, are also increasingly attributable to the effects of the military campaign waged by its enemies. 

Let's build

Despite its deep, persistent flaws, an alternative, better system of governance is more likely to come from the Iraqi state (in the case of large population centers such as Mosul), or from existing informal tribal governance (in Syria and more rural areas) than it is to come from other sources. The key actions that currently need to be taken are thus two-fold:

1. First, in territory already reclaimed from the group—such as in the devastated city of Ramadi—the anti-ISIS coalition should extend every effort to distribute needed resources, infuse the economy with ready employment options, reaffirm property rights and judicial institutions, and severely punish those pursuing violent retribution. Unfortunately, little in this direction has been accomplished in the months since the capture of Ramadi, as the rebuilding of civilian infrastructure has been treated as secondary to lingering security concerns. A clear investment of institutional and economic resources that helps to demonstrate the ability to maintain security and equal treatment under the rule of law will send a more powerful signal of the Islamic State’s weakness than the results of an aerial bombing campaign. 
2. Second, a greater external commitment to support the best in existing institutions within the Iraqi state as well as in areas with the potential for effective non-state tribal governance is a critical investment in the long-term stability of Islamic State territory. In other words, external resources should increasingly focus not just on training and equipping local military allies, but also in supporting high quality civilian institutions of local and regional governance. 

Unfortunately, it takes much longer to build effective state institutions than to destroy them.

Aggressively pursuing a governance strategy will be much more difficult than pursuing an air war against a proto-state without anti-air defenses, but it is a necessary one if the persistent appeal of the group’s state-building project is to be overcome. Because the Islamic State has powerfully distinguished itself from other jihadist competitors through its governance agenda, its support cannot be eliminated through a strategy solely dependent on destroying the governance upon which local populations depend. 

Unfortunately, it takes much longer to build effective state institutions than to destroy them. The faster that a serious, resource-intensive commitment to building alternative governing institutions in areas bordering Islamic State territory begins, the more likely we are to see the group that calls itself the Islamic State lose control of its narrative, its territory, and the civilian support upon which it relies.

Will McCants: ISIS-claimed attacks in Paris, Beirut, and Egypt indicate the organization wants to take the fight to its enemies abroad. One reason might be that all is not well in ISIS-land. The nascent state in Syria and Iraq has lost around 25 percent of its territory and tens of thousands of fighters in the year since America and its allies began to their campaign to defeat it. While the state still endures for now, it's under tremendous pressure because of the costs of ceaseless war.

To explain the troubles ISIS faces at home, we have invited a group of scholars to comment on its governance over the past years and speculate on what they might face in the year ahead. First was Mara Revkin, who examined how opinions towards ISIS have changed since it captured Mosul more than a year ago. Then Aymenn al-Tamimi argued that internal documents show increasing challenges for the Islamic State. Next, Aaron Zelin weighed in with a historical perspective, analyzing the extent to which ISIS has lived up to its own standards of governance. Kamran Bokhari argued that security—namely defending territory—is the foremost governance objective of ISIS in the short term, while Quinn Mecham focused on the need to provide alternative, positive models of governance for the populations living under ISIS control.

Next up, Nelson Kasfir, Professor of Government Emeritus at Dartmouth College, and Zachariah Mampilly, Associate Professor of Political Science and Director of Africana Studies at Vassar College, compare ISIS’s governance choices with how other armed groups have governed civilian populations. 

Nelson Kasfir and Zachariah Mampilly: Now that the Islamic State (ISIS) claims to be a state, any useful analysis of how it rules should rest on a systematic conception of governance by insurgents who hold populated territory, a surprisingly common phenomenon. If we are to understand what ISIS is doing, how long it is likely to stick around and indeed why some civilians in its domain prefer its government to what they had experienced from either Baghdad or Damascus, it would be a good idea to compare its choices of governance with other armed groups that have captured territory and governed civilian populations. All of them must administer territory without the advantages conferred by sovereignty—an important resource available to even the weakest internationally recognized states.

In our new book, Rebel Governance in Civil War, we offer a framework to explain how rebels govern. We bring together leading scholars to explore specific issues and cases from all over the globe. While single-factor hypotheses don't help much, there are broad patterns describing how and why armed groups govern that fit ISIS.

By rebel governance, we mean decision-making, the provision of services and the regulatory framework that armed groups establish to produce a social order within a specific territory they control. Rebel governance activities can be separated into those that concern how decisions are made, what social services are provided and how the production or taxation of economic rents is organized. Symbolic practices and ideologies, including religious creeds, have significant effects in supporting any system of rebel rule.

Armed groups differ widely in their approach to governance.

Armed groups differ widely in their approach to governance, as the case studies in our book demonstrate. Few armed groups that control territory can ignore civilian governance, short of expelling civilian populations altogether. The vast majority of insurgent organizations range from governing minimally, by assuming few regulatory functions, to maximally by ruling everything, including the provision of public goods.

For example, although the leaders of the National Patriotic Front (NPFL) in Liberia were primarily interested in personal profit, they still created the veneer of government to seek international recognition and to ensure the proceeds of commercial enterprises went into their pockets. Both types of insurgents were active during the Greek civil war, the conservatives limiting their governance activities, while the communists tried to regulate all aspects of social life.

Despite the many Western press accounts that dwell on ISIS’ penchant for flamboyant displays of callous cruelty, it would be a mistake to think that ISIS does not engage in civilian governance. As Charles Lister notes: "By perceiving and presenting itself as a state, IS [ISIS] has sought to control and govern territory and maintain a cabinet of ministers responsible for a broad range of 'ministries,' incorporating military, civil, political, and financial duties." As a caliphate, ISIS has opted primarily for a hierarchical top-down administration. It demands strict obedience, but it is also intent on building infrastructure and running it effectively. By basing governance on its revival of the "Caliphate according to the prophetic method," that is, re-establishing institutions on the basis of what it understands the Prophet Mohammed to have insisted, ISIS leaders appear to have demanded control over most facets of social and personal life.

As a caliphate, ISIS has opted primarily for a hierarchical top-down administration.

As early as 2007, ISIS published a booklet outlining its plans for governance. In 2013, it issued pamphlets that laid out the exact governance activities the organization would undertake once in control of specific territories. Immediately after capturing various towns in Syria and Iraq, ISIS set about taking control over key industries and services including the distribution of electricity, water, and fuel as well as the production and distribution of food. ISIS monopolized service provision and proved sophisticated in using it to balance its brutality. As a result, "Sunni civilians have been more likely to accept the imposition of harsh norms," as Lister has written.

Symbolic processes are powerful tools of governance that legitimate rebel groups or signal their coercive capability. These processes are often influenced by specific ideological concerns. Like nation-states, rebels create distinctive symbolic repertoires by producing their own flags, currencies, mausoleums and staging parades and rallies. The leaders of ISIS are well aware of the importance of symbols. "The Islamic State was signaling that its flag was not only the symbol of its government and the herald of a future caliphate; it was the harbinger of the final battle at the End of Days," writes Will McCants in The ISIS Apocalypse.

The leaders of ISIS are well aware of the importance of symbols.

Explaining varying approaches

What factors shape these different traits of rebel governance? In our book, we identify four clusters: causes arising before the rebellion; causes arising during the rebellion; those emanating from attributes or behavior of the rebels; and finally those developing from responses of civilians.

First, pre-conflict factors involving the relations between state and society shape subsequent patterns of rebel governance. History matters because insurgents mostly acquire their cultural values, education, and ideas about governance, while growing up in the society they later defy. These experiences shape them even as they rebel. How they resolve these contradictions will vary from case to case. Thus, the Forces Nouvelles that occupied northern Côte d'Ivoire after 2002 "adopted—or rather adapted—procedures from the former state administration." Since they did not hold unchallenged authority, they chose to share the maintenance of security with neo-traditional hunters' associations who were deeply trusted by local residents. In a different case, General Padiri's Mai-Mai militia in the Democratic Republic of the Congo adopted the administrative pattern of offices of the Congolese government while adding "Bureau Six" to incorporate commonly held autochthonous magico-religious beliefs that greatly deepened the legitimacy of the militia's leaders.

Because ISIS takes an uncompromisingly radical stance, it is difficult to identify its continuities with prior governance. Still, a closer examination of ISIS’ involvement in food distribution provides an illustrative example of its links with the practices of past regimes. As one recent academic study (by José Ciro Martínez and Brent Eng, in a still-unpublished manuscript) points out, food production has long been understood as a key element of the weak social contract binding pre-conflict regimes in Syria and Iraq to their people. In pre-conflict Syria, the Baath Party had long understood direct control over the bread market as an integral task of the social welfare pact it struck with the population. Recognizing the importance of bread distribution to the Syrian population, ISIS undertook numerous efforts to control and ensure the production of bread within its territories. In a 2013 pamphlet published in Aleppo that outlines ISIS’ governance strategy, a promise to ensure bread distribution stands out alongside more conventional governance activities. Importantly, considering the propagandistic nature of many ISIS communications, the group went far beyond rhetorical positions in their commitment to policies concerning bread. Instead of merely mandating the manner in which bread would be produced and distributed in ISIS-controlled areas of Aleppo and Raqqa, the group also “subsidized the cost of flour, accelerated the opening of bakeries and distributed bread itself when necessary,” as Martínez and Eng write.

[W]artime contextual factors...affect rebel governance.

Second, wartime contextual factors—those circumstances that emerge during rebellion— also affect rebel governance. As rebels fight and as they engage with civilians, they often change their practices of governance. The military threat of the incumbent and other military rivals as well as the broader wartime political economy often significantly impact insurgents’ approaches toward civilians. With regard to military capacity, Stathis Kalyvas shows that as the communist insurgents lost territory towards the end of the Greek civil war, they became more coercive. In Latin America as well, there have been many cases in which rebel governance decayed when insurgent groups failed to protect their civilian populations from either internal or external violence, or in response to expansion of electoral opportunities by the incumbent state.

Similarly, a comparison of ISIS’ governance in Raqqa and Mosul, the two largest cities under its control, suggests that external military pressure has made the government more intimidating and sometimes less willing to abide by its own rules. After ISIS took control of each city, it quickly imposed its authority and provided more efficient administration than its predecessors had. In Raqqa the regime acted on the basis of its posted rules until American-led air strikes caused its leaders to become somewhat “more paranoid and prone to kidnapping people randomly.” In Mosul, residents, who originally regarded ISIS as “liberators,” became more dissatisfied as their taxes greatly increased and their nonpayment was met with physical punishments and fines. The failure of ISIS to protect its citizens from collateral damage from air strikes is certain to have increased their discontent.

After ISIS took control of each city, it quickly imposed its authority and provided more efficient administration than its predecessors had.

Material rewards also affect rebel governance. Rebels often change their pattern of governance when they begin to accumulate significant rents through the exploitation of natural resources. The National Union for the Total Independence of Angola (UNITA) changed after it began to export diamonds and the Revolutionary Armed Forces of Columbia (FARC) stopped following some of its Marxist principles after it began to export cocaine.

Usually, rebels cannot defend oil wells from attacks by incumbent states. ISIS has been an exception, making a daily income of $3 million in September 2014. After the recent steep fall in crude oil prices and air strikes, internal taxation (or extortion) may have become a more significant source of revenue. ISIS has also profited from kidnapping and bank robberies. Its reliance on oil production has proven both a boon and curse as the value of ISIS-produced oil shifts dramatically due to both the challenge of ensuring production and fluctuations in oil prices globally. The income permitted ISIS to pay generous salaries to civilians to keep sanitation and utility services functioning.

Third, rebel attributes and behavior—organizational structure and ideological orientation—affect rebel governance. Ideologies often provide rebels with political identities, coherent frameworks for political and social action and a sense of disciplined commitment to an overriding purpose. The Greek communists learned their Marxism before they rebelled. Ethnic secessionists, such as the Naga in India, knew whom they were going to exclude from their imagined polity in advance of taking up arms.

Establishing a legal code is a social service that often demonstrates the influence of ideology on rebel governance.

Establishing a legal code is a social service that often demonstrates the influence of ideology on rebel governance. Rules that rebels create and civilians obey can help provide legitimate authority, whether out of trust (as in the case of the Shining Path in Peru) or out of fear (as inspired by the Taliban in Afghanistan).

ISIS bases not only its fundamental character, but also its plan of governance, almost entirely on its peculiar interpretation of Islamic doctrine. Abu Bakr al-Baghdadi, the ISIS leader, received both a masters and a doctorate in Islamic rhetoric from the University of Islamic Sciences in Baghdad. As the caliph, some of the Islamic rationales that have been supplied to justify specific ISIS regulations can be traced to his earlier education.

The influence of Islam on ISIS’ ideology is most evident in its attempts to establish a legal system. The rebellion "sees itself as creating a distinctive and authentic legal order for the here and now, one that is based not only on a literal (if selective) reading of early Islamic materials but also on a long-standing [Islamic] theory of statecraft and legal authority." Andrew March and Mara Revkin identify laws governing land, trade, taxation and treatment of prisoners and slaves, all derived from ISIS’ interpretation of scripture. In addition, they assert "the theory of the caliphate implies a law-based social contract with reciprocal obligations and rights between the caliph and the people." The extent to which this legal order actually results in enforceable rights that protect civilians is unclear. However, there is evidence that ISIS officials engaged in dispute resolution among civilians, even punishing its fighters when they took bribes or harmed civilians.

[C]ivilian responses to the insurgent group affect rebel governance.

Finally, civilian responses to the insurgent group affect rebel governance. We examine both individual reactions to armed groups as well as how varying social groups—such as traders, religious orders, ethnic groups, and civil society organizations—engage with or challenge an armed group’s governance efforts. ISIS is challenging to study since it is perceived as denying civilians’ agency completely. But even under the most autocratic governance arrangements, civilians have found ways to influence and even challenge armed groups. For example, during the war in Sri Lanka, the Liberation Tigers of Tamil Eelam had numerous methods for incorporating civilian feedback despite its deserved reputation as an autocratic and brutal organization. The education system in Tiger-ruled areas emerged as a result of civilian pressure and meaningfully incorporated civilians into its daily operations.

Indeed, a surprising number of rebel groups have shared decision-making with civilians. The African Party for the Independence of Guinea-Bissau and Cape Verde (PAIGC) created democratic village councils, as did the National Resistance Army during its war in Uganda. On the other hand, summary justice and brutal punishments can increase legitimacy among civilians when meted out to thieves and rapists. Residents gave strong support to rebels who took over neighborhoods in Medellín, Colombia and provided instant justice to those the community regarded as criminals.

It appears that ISIS does not share decision-making with civilians, similar to other rebels that take Islam as the doctrinal basis for their revolt such as the Taliban in Afghanistan or Boko Haram in Nigeria. But discerning whether civilian responses affect ISIS governance would require difficult (though not impossible) field visits to ISIS-controlled territory. The fact that the group frequently needs to rely on civilians in order to provide services suggests that there may be greater scope for civilian involvement than is commonly recognized.

[W]hile ISIS may appear unique, it is not an exception from the pressures that shape rebel governance patterns generally.

Taken together, the above discussion shows that while ISIS may appear unique, it is not an exception from the pressures that shape rebel governance patterns generally. Armed groups do not determine the outcome of their governance efforts in a vacuum. Rather, civilian governance outcomes are established by the behavior of a variety of actors each interacting in a shifting and complex environment. While ISIS may be distinctive in its commitment to implementing a form of civilian governance based on its understanding of Islamic modes of governance, it is still subject to these dynamics. Analyzing it through the four clusters of factors discussed above show how its governance of civilians compares with other rebel groups.

The sustainability question

What does this tell us about the future of civilian governance under ISIS? Because ISIS has established a caliphate, it is committed to governing the people in the territories it conquers. As discussed above, ISIS leaders have adopted an approach to law that creates room for some protections for civilians and an approach to social welfare that provides space for a limited social pact. Yet, these rulers have fashioned an uncompromising notion that civilians must be governed within their strict interpretation of Islamic doctrine. In addition, they depend on foreign military recruits to buttress their rule.

These factors create contradictions that may cause regime instability that might either increase regime brutality, if leaders remain constant to their principles, or result in regime decay, if they lose their sense of purpose. ISIS may eventually be “hamstrung by its radicalism.” During the short time that ISIS has ruled civilians, it has insisted that its decisions cannot be questioned. The relevant lesson from studying other rebellions is that groups better able to accommodate different political actors through a process of political negotiation are more likely to endure. If ISIS leaders remain obstinate, refusing to compromise in favor of a principled ideological stand, civilians will continue to suffer and either fight or flee if they can. Alternately, if the group’s leaders are tempted by the wealth the regime has accumulated, they may give in to corruption and fashion a more predatory regime.

ISIS has also become a magnet for foreign fighters. No one really knows how many there are, but an early (2014) estimate is 15,000 from 90 countries. Although the flow has decreased recently, cultural interactions and political disputes among these foreigners and civilians are certain to remain problematic. As the external military threats faced by ISIS grow, its leaders are likely to rely on the loyalty and morale of their foreign fighters at the expense of the civilian population. Civilian governance will probably decay, resulting in greater instability and perhaps sowing the seeds of ISIS' own demise.

Editors’ Note: The mass-casualty terrorist attacks in Paris and now in Brussels underscore an unsettling truth: Jihadis pose a greater threat to France and Belgium than to the rest of Europe. Research by Will McCants and Chris Meserole reveals that French political culture may play a role. This post originally appeared in Foreign Affairs.

The mass-casualty terrorist attacks in Paris and now in Brussels underscore an unsettling truth: Jihadists pose a greater threat to France and Belgium than to the rest of Europe. The body counts are larger and the disrupted plots are more numerous. The trend might be explained by the nature of the Islamic State (ISIS) networks in Europe or as failures of policing in France and Belgium. Both explanations have merit. However, our research reveals that another factor may be at play: French political culture.

Last fall, we began a project to test empirically the many proposed explanations for Sunni militancy around the globe. The goal was to take common measures of the violence—namely, the number of Sunni foreign fighters from any given country as well as the number of Sunni terror attacks carried out within it—and then crunch the numbers to see which explanations best predicted a country’s rate of Sunni radicalization and violence. (The raw foreign fighter data came from The International Centre for the Study of Radicalisation and Political Violence; the original attack data came from the University of Maryland’s START project.)

What we found surprised us, particularly when it came to foreign fighter radicalization. It turns out that the best predictor of foreign fighter radicalization was not a country’s wealth. Nor was it how well-educated its citizens were, how healthy they were, or even how much Internet access they enjoyed. Instead, the top predictor was whether a country was Francophone; that is, whether it currently lists (or previously listed) French as a national language. As strange as it may seem, four of the five countries with the highest rates of radicalization in the world are Francophone, including the top two in Europe (France and Belgium).

Knowledgeable readers will immediately object that the raw numbers tell a different story. The English-speaking United Kingdom, for example, has produced far more foreign fighters than French-speaking Belgium. And fighters from Saudi Arabia number in the several thousands. But the raw numbers are misleading. If you view the foreign fighters as a percentage of the overall Muslim population, you see a different picture. Per Muslim resident, Belgium produces far more foreign fighters than either the United Kingdom or Saudi Arabia. 

[W]hat could the language of love possibly have to do with Islamist violence? We suspect that it is really a proxy for something else: French political culture.

So what could the language of love possibly have to do with Islamist violence? We suspect that it is really a proxy for something else: French political culture. The French approach to secularism is more aggressive than, say, the British approach. France and Belgium, for example, are the only two countries in Europe to ban the full veil in their public schools. They’re also the only two countries in Western Europe not to gain the highest rating for democracy in the well-known Polity score data, which does not include explanations for the markdowns.

Adding support to this story are the top interactions we found between different variables. When you look at which combination of variables is most predictive, it turns out that the “Francophone effect” is actually strongest in the countries that are most developed: French-speaking countries with the highest literacy, best infrastructure, and best health system. This is not a story about French colonial plunder. If anything it’s a story about what happens when French economic and political development has most deeply taken root.

An important subplot within this story concerns the distribution of wealth. In particular, the rate of youth unemployment and urbanization appear to matter a great deal too. Globally, we found that when between 10 and 30 percent of a country’s youth are unemployed, there is a strong relationship between a rise in youth unemployment and a rise in Sunni militancy. Rates outside that range don’t have an effect. Likewise, when urbanization is between 60 and 80 percent, there is a strong relationship.

These findings seem to matter most in Francophone countries. Among the over 1,000 interactions our model looked at, those between Francophone and youth unemployment and Francophone and urbanization both ranked among the 15 most predictive. There’s broad anecdotal support for this idea: consider the rampant radicalization in Molenbeek, in the Parisbanlieus, in Ben Gardane. Each of these contexts have produced a massively disproportionate share of foreign fighters, and each are also urban pockets with high youth unemployment.

As with the Francophone finding overall, we’re left with guesswork as to why exactly the relationships between French politics, urbanization, youth unemployment, and Sunni militancy exist. We suspect that when there are large numbers of unemployed youth, some of them are bound to get up to mischief. When they live in large cities, they have more opportunities to connect with people espousing radical causes. And when those cities are in Francophone countries that adopt the strident French approach to secularism, Sunni radicalism is more appealing.

For now, the relationship needs to be studied and tested by comparing several cases in countries and between countries. We also found other interesting relationships—such as between Sunni violence and prior civil conflict—but they are neither as strong nor as compelling.

Regardless, the latest attacks in Belgium are reason enough to share the initial findings. They may be way off, but at least they are based on the best available data. If the data is wrong or our interpretations skewed, we hope the effort will lead to more rigorous explanations of what is driving jihadist terrorism in Europe. Our initial findings should in no way imply that Francophone countries are responsible for the recent horrible attacks—no country deserves to have its civilians killed, regardless of the perpetrator’s motives. But the magnitude of the violence and the fear it engenders demand that we investigate those motives beyond just the standard boilerplate explanations.

Will McCants: ISIS-claimed attacks in Paris, Beirut, Egypt, and Brussels indicate the organization wants to take the fight to its enemies abroad. One reason might be that all is not well in ISIS-land. The nascent state in Syria and Iraq has lost around 25 percent of its territory and tens of thousands of fighters in the year since America and its allies began to their campaign to defeat it. While the state still endures for now, it's under tremendous pressure because of the costs of ceaseless war.

To explain the troubles ISIS faces at home, we have invited a group of scholars to comment on its governance over the past years and speculate on what they might face in the year ahead. First was Mara Revkin, who examined how opinions towards ISIS have changed since it captured Mosul more than a year ago. Then Aymenn al-Tamimi argued that internal documents show increasing challenges for the Islamic State. Next, Aaron Zelin weighed in with a historical perspective, analyzing the extent to which ISIS has lived up to its own standards of governance. And Kamran Bokhari argued that security—namely defending territory—is the foremost governance objective of ISIS in the short term. Quinn Mecham focused on the need to provide alternative, positive models of governance for the populations living under ISIS control, and most recently, Nelson Kasfir and Zachariah Mampilly compared ISIS’ governance choices with how other armed groups have governed civilian populations.

Next up is Hassan Hassan, a resident fellow at the Tahrir Institute for Middle East Policy and co-author of ISIS: Inside the Army of Terror. He assesses ISIS’ model of governance before and after coalition airstrikes against the group began. Before the strikes, he argues, ISIS had a freer hand to implement its policies, and has used savagery and governance to both deter and incentivize communities under its control.

Hassan Hassan: Abu Sameh, a Syrian in his late twenties, joined the Syrian al-Qaida-affiliated Nusra Front as a fighter in early 2013. He fought for the group in Deir Ezzor and northeastern Syria until the Islamic State (ISIS) began to dominate there in the summer of 2014. That’s when he switched sides.

He was drawn to ISIS through one of his relatives, a commander of a small armed faction operating near the Iraqi border. With ISIS, battle-hardened Abu Sameh landed a job related to his undergraduate major for the first time since graduating college in 2009. He became an accountant working in the group’s oil industry.

As with many like Abu Sameh, ISIS benefited from local expertise to run its state-building enterprise in the areas it conquered in northwestern Iraq and northeastern Syria in 2013 and 2014. It also re-opened institutions that ceased to operate after the collapse of provisional governments—former employees, for instance, had continued to receive salaries from Baghdad and Damascus, but they typically sat at home and enjoyed the kickbacks, without being made to work by armed groups in control of the areas. When ISIS took over, many of them were forced back to work.

Enforcement of strict rules helped ISIS establish a semblance of order, which appealed to local communities plagued by kidnapping, highway robbery, theft, and warlordism. After ISIS took control, crime disappeared overnight and people could travel unarmed from Aleppo to Mosul. Through savagery and governance, ISIS both deterred and incentivized communities under its control.

Through savagery and governance, ISIS both deterred and incentivized communities under its control.

Local perception

Assessments of ISIS’ model of governance should distinguish between the periods before and after coalition airstrikes. Priority should be given to the period that preceded the airstrikes—between June and November 2014 in most areas—when the group had a freer hand to implement its policies. Assessments must also consider how ISIS fared in comparison to the armed groups and governments which preceded it. In some cases, ISIS appeared to have gone even further than previous governments in extending its writ to rural areas of Iraq and Syria. 

In this context, local perception is key to the evaluation of ISIS’ performance. According to weekly or sometimes daily conversations I have had with residents in eastern Syria—where I am originally from—people living under ISIS rule equally blame airstrikes or government bombings for the worsening economic situation in their areas, not just ISIS. The desire to link ISIS’ inability to deliver services with the failure of its model is understandable, it allows one to undermine its appeal and wholly blame it for the deteriorating situation in ISIS-held areas. But properly understanding the way ISIS ruled during this specific period with an emphasis on local perceptions is vital not only for academic objectivity but also to fully grasp the unintended consequences of the current coalition campaign against ISIS.

Referring to the destruction of Ramadi after the expulsion of ISIS in December, Col. Steven H. Warren, a Pentagon spokesman in Iraq, told The New York Times: “One hundred percent of this is on ISIL [another acronym for ISIS] because no one would be dropping any bombs if ISIL hadn’t gone in there.” In reality, however, many in those areas see the causes of destruction with a little more nuance than “no ISIS, no bombs.” First, ISIS entered most of those towns with little confrontation with civilians; it was political grievances and the failure of other armed groups that partly enabled ISIS to occupy certain areas to begin with. Moreover, the air campaign targeted bridges and oil facilities, which made life harder for civilians and disrupted a wartime economy that preceded ISIS rule.

Beyond violence 

ISIS is a manager and not a distributor of resources. In the Syrian context, nationalist, Islamist, and jihadist groups have generally sought to win hearts and minds primarily through the free or cheap provision of basic resources. ISIS, however, opts for managing what it has under its control. Even as it charges the population for services, the model remains more effective than the ones in southern and northern Syria for a simple reason. Because ISIS seeks to function as a state, local communities obtain essential benefits in return: safety and security, effective courts, and unified rule. Elsewhere, like in Eastern Ghouta outside Damascus or in Aleppo, provision of services is trumped by chaos, uncertainty, and ineffective courts, because local groups do not have exclusive or unchallenged control over territory.

Because ISIS seeks to function as a state, local communities obtain essential benefits in return: safety and security, effective courts, and unified rule.

Other forces that ruled in Syria prior to ISIS aimed to establish order based on consent. Even the Nusra Front, which was far more powerful and disciplined than other forces up until the rise of ISIS, retracted some of its decisions, seeking to avoid clashes with local families. The Nusra Front (and other Islamist groups as well) typically shied away from enforcing their rules to avoid alienating the population. In most court cases, for instance, whether a ruling would be enforced or not would hinge on whether the criminal or his family had voluntarily accepted the court’s judgment in the first place.

Conversely, under ISIS, courts have a high enforcement mechanism. This was true even when ISIS was a minor player operating from bases in rebel-controlled areas in early 2013. ISIS would encourage people to seek its help when they had a complaint about a person and would forcefully resolve the issue, even if that meant confrontation with powerful groups or individuals. This occurred numerous times ahead of ISIS’ rise to prominence in late 2013. This partly explains why many villagers either travelled outside their towns to fight for ISIS even after it was driven out of their areas in that period or accepted it when it returned later.

ISIS’ model was high-risk. The group was consistent and determined about enforcing its rules, and would not tolerate rivalry in its territory or recognize Sharia commissions other than its own. It demanded uniformity at any cost. One of the most claimed “advantages" of ISIS’ rule in its territories is that it “gets the job done.” Unlike the Free Syrian Army and other Islamist groups, ISIS would send a patrol to fetch someone if another person filed a complaint about him (these complaints typically involved financial fraud or unsettled commercial disputes). According to one resident who was involved in such a case, even if the complaint in question dated back to the years before the uprising, ISIS would settle the situation, provided that the complainant had proof.

ISIS...demanded uniformity at any cost.

“If you’re an FSA commander and you have a civilian relative, [FSA and other rebels] would accept mediation,” Hassan al-Salloum, a former rebel commander from Idlib, told me, referring to the time when ISIS was still a marginal player in 2013. “But with ISIS, if I complain about an FSA member, they go and bring him in for interrogation. They would not accept mediation. People then started to go to complain to ISIS, looking for help and asking them to intervene.”

Regulations and price controls are other areas in which ISIS’ governance proved successful. It banned fishermen from using dynamite and electricity to catch fish. It also prohibited residents from using the chaos of war to stake new land claims. This was especially true in the Syrian desert, where residents had attempted to build new homes or establish new businesses in public lands, much to the chagrin of their neighbors. ISIS also limited the profit margins on oil by-products, ice, flour, and other essential commodities. It also prohibited families from setting up refineries close to private residences, under the threat of confiscation, a policy that led some families to quit the oil business altogether, according to residents I interviewed.

A state—and more

In certain cases, ISIS governed areas more comprehensively than the governments of Baghdad and Damascus. Whether in delivery of services or management of people and resources under its control, ISIS makes it clear it is the only ruler in town, and once residents recognize that, they are often allowed to help govern their areas. There have been instances, according to tribal sources from Iraq and Syria I spoke to, of “deputization” whereby ISIS re-armed specific tribesmen to control their own area, though that process remained extremely limited.

Before, other groups and previous governments would use tribal leaders as intermediaries between them and local communities. ISIS, by contrast, acts as an intermediary between different tribes and even within the same tribe to resolve disputes, some of which date back to the 1970s and 1980s. Furthermore, it has systematically disarmed local communities that came under its rule in a way that previous governments failed to do over decades. 

The group is the only one in the two countries that employs an extensive network of staff exclusively dedicated to dealing with tribal affairs. The man in charge of tribal affairs is a Saudi national by the name of Daygham Abu Abdullah, locally known to be well-versed in tribal lineage and dynamics. He oversees a bureau that receives tribal delegations from across the self-styled caliphate that desire to resolve conflict or appeal for clemency. After ISIS asserts control over an area, tribal outreach helps it engage with local tribes and act as a social arbiter. Even though the organization carried out mass atrocities against certain tribes, the group often has other members of those same tribes fighting in its ranks, including members of Albu Nimr and Albu Fahad in Iraq, and Al Shaytat in Syria. ISIS employs a seemingly contradictory strategy of divide-and-rule. It first attempts infiltrate an area, and follows up with an outreach policy after consolidating control. The office that handles amending tribal disputes is known as Public Relations Bureau.

Whereas Islamic inheritance laws stipulate that women are to receive half of that received by a male sibling, tribal society often deprives women even of that half share. Unlike governments, which rarely enforce Sharia-based inheritance laws, ISIS sent out instructions to local communities to provide women with their due share and some women who complained to ISIS judges would receive their shares retroactively from their brothers.

These measures suggest that the group, in some instances, is more vigorous and micro-managerial than previous governments that ruled these predominantly rural areas in Iraq and Syria.

These measures suggest that the group, in some instances, is more vigorous and micro-managerial than previous governments that ruled these predominantly rural areas in Iraq and Syria. Lawlessness, kidnappings, arbitrary killings, and highway robbery are greater sources of grievance for people living outside regime areas than poor services, something that ISIS has dealt with by providing security based on brutal justice and policing. The semblance of order established by ISIS remains a strong advantage for the group, despite its diminished ability in other aspects of governance, and forces that will take over from ISIS will be judged accordingly.

Conclusion

There is little doubt that the group has lost the initial appeal it had when it conquered large swaths of territory in Iraq and Syria in the summer of 2014. The U.S.-led air campaign has blunted the group’s ability to generate income from oil and war spoils that usually come from rapid expansion. It has also reduced the group’s capacity to provide sufficient services for communities under its rule. The air campaign has also resulted in an interesting trend: it has strengthened the role of ISIS’ security and intelligence core in the towns, villages and cities the group controls, a development that has led to mounting complaints about their harsh and crude behavior.

ISIS associates, too, complain of the group’s security apparatus to the extent that it has become common to hear of clerics explaining to ISIS members that the state that Prophet Mohammed founded also included munafiqun, or “hypocrites,” and that this should not be a reason to abandon it, according to interviews I conducted, including with members. (Connoting someone who only feigns belief in public, the term munafiqun is a heavy accusation to levy at a fellow Muslims, and such people are condemned in the Quran.)

[T]argeting the economy of ISIS-controlled areas can make matters worse.

But all that will not translate into a rebellion against ISIS. Additionally—and more importantly—targeting the economy of ISIS-controlled areas can make matters worse. In some cases, airstrikes led families to send their children to join ISIS as the only way to generate income. Iraqi officials have warned that choking off ISIS’s economic routes might result in “collateral damage.” While they may see this as necessary evil, it also runs the risk of helping ISIS tighten its grip by driving residents closer to it as the only employer or provider in town.

The unintended consequences of the air campaign are a serious concern, especially if ISIS is to be defeated strategically. This is something I have discussed with everyone involved, from civilians to ISIS members to Western officials involved in the anti-ISIS campaign. Residents often complain that they are suffering collective punishment by inconsiderate foreign forces. ISIS, meanwhile, tells the communities under its rule that it would have brought more prosperity to their towns had it not been for the airstrikes. A high-level American official involved in the campaign acknowledged to me that officials were aware of the possibility of unintended consequences but insisted that airstrikes targeting the economy in eastern Syria and western Iraq will only intensify. 

Editors’ Note: One week after this post was originally published, President Benigno Aquino of the Philippines said that the United States must take action in the South China Sea if China takes steps towards reclaiming the Scarborough Shoal. Michael O’Hanlon updated this post on May 23 with a brief response, below. The original post appears in full after the break.

Predictably, some experts—as well as now the Philippines' leader, President Benigno Aquino—are arguing that the United States should militarily prevent China from seizing the Scarborough Shoal, a disputed but basically worthless land formation in the open waters between the Philippines and China. The formation is admittedly three times closer to the Philippines than to China, but it is not important—and it is definitely not worth fighting China over. Loose talk of red lines and of the supposed need for the United States to "take military action" makes the problem sound far too antiseptic and easily manageable. In fact, any direct use of military power that resulted in the deaths of Chinese (or American) military personnel would raise serious dangers of escalation. 

The United States does need to ensure access to the sea lanes of the South China Sea. And it should help protect the populated areas of any allied country, including the Philippines. It should not recognize Chinese territorial or economic claims to areas surrounding disputed (or reclaimed) land formations, even if China occupies some of these islets and other features. And it should consider proportionate responses in the economic realm to any Chinese aggression over the Scarborough Shoal, as well as the possibility of expanded and permanent U.S. military presence in the area. But it should not shoot at Chinese ships, planes, or troops over this issue. It's just not worth it, and we have more appropriate and measured options for response if needed.

[Original post, from May 12]

President-elect Rodrigo Duterte of the Philippines, known for his Trump-like rhetoric and supra-legal methods of reducing crime while mayor of Davao City on the island of Mindanao, is already causing consternation in many parts of the world. His previous tolerance for vigilantes as a crime-fighting tool, for example, is cause for concern.

But in other cases, we should relax and keep an open mind. For example, while The Washington Post editorial page has lamented that he appears willing to do a deal with Beijing—accepting Chinese investment in the Philippines while allowing China to enforce its claims to the uninhabited Scarborough Shoal in the South China Sea—that particular outcome may actually be good for the United States. 

Provocateurs in Beijing

Let’s situate the Scarborough Shoal issue in broader context. In recent days, the United States sailed a major Navy vessel, the William P. Lawrence, within 12 miles of the Fiery Cross Reef, a land formation in the Spratly Islands of the South China Sea that China has transformed into a 700-acre artificial island. China objected strenuously. Meanwhile, everyone awaits the ruling of an international arbitration panel, expected later this spring, on whether China or the Philippines (or neither) is the rightful claimant to the Scarborough Shoal.

To be sure, the broad problem starts in Beijing; The Washington Post is not wrong on that basic point. Incredulously, invoking fishing histories from many centuries ago, China claims not only most of the shoals and sand bars and small islands of the South China Sea, and not only the surrounding fisheries and seabed resources, but the water itself. Its so-called nine-dash line, which encompasses almost all of the South China Sea—including areas much closer to the Philippines and Indonesia and other key countries than to China’s own territory—can be interpreted as a claim to sovereign ownership. Fears that it will declare an associated air defense identification zone further complicate the picture.

Map of the South China Sea locating China's nine-dash line claim on the South China Sea, and the Air Defense Identification Zone (ADIZ). Note: The Spratleys, Parcels, and other islands in the South China Sea are disputed to various degrees by different parties. Photo credit: Reuters.

America’s aims are far less disruptive to the status quo. But of course, for America, the region is also much further away. In Chinese eyes, we already have our Caribbean Sea, and Gulf of Mexico—not to mention our extensive east and west seacoasts and other maritime domains. By contrast, China is largely hemmed in by land on three sides and Japan together with the U.S. Navy on the fourth. For Washington to deny China even a modest version of its own special waters strikes many in Beijing as haughty and hegemonic. 

America’s aims are far less disruptive to the status quo.

Choosing our historical analogies wisely

Of course, the United States is making no claims of its own in the region. Nor is Washington trying to dictate outcomes on all disputes. Washington does not take a position on who owns the land features of the South China Sea. Nor does it oppose any plan for joint exploitation of the area’s resources that regional states can agree on. Nor can the United States, or any other country, be expected to let China restrict naval and commercial shipping maneuvers through this region, through which at least one-third of the world’s commerce traverses. Nor should Washington abandon treaty allies—most notably in this case, the Philippines—if they come under fire from Chinese warships (as has happened before). And in fairness to Filipinos, the Scarborough Shoal is much closer to their country than to China, by a distance factor of more than three to one.

Yet there is a problem in Washington’s thinking, too. Given the way rising powers have behaved throughout history, it is unrealistic to think that China wouldn’t seek to translate its greater economic and military strength into some type of strategic benefit. Yet Washington expects China to stop building artificial islands, to abstain from deploying military assets to the region, and to accept adjudication of disputes over territory by an international panel.

... it is unrealistic to think that China wouldn’t seek to translate its greater economic and military strength into some type of strategic benefit.

Many Americans would view any bending of the rules in Beijing’s favor as appeasement and thus an invitation to further imperialistic behavior by China. We have learned the lessons of World War II and the Cold War very well. 

But it is also important to bear in mind the lessons of World War I, when great powers competed over relatively minor issues and wound up in a terrible conflict. Just as Germany had been largely shut out of the colonialism competition prior to 1914, making its leaders anxious to right what they saw as historical wrongs in advancing their own interests once they had the capacity, it is possible that China will refuse to accept the status quo going forward. By this alternative reading of history, our job should be to persuade China to be content with very minor adjustments to the existing global order—and to remind Chinese that they have benefited greatly from that order—rather than to oppose each and every small act of Chinese assertiveness as if it portended the first of many dominoes to fall. The good news in this case is that China is not challenging existing state borders, threatening established population centers, or using lethal force as a default instrument of state power. Its behavior is worrying, to be sure—but not particularly surprising, and by the standards of history, relatively benign to date.

Walk the line

With this perspective in mind, the United States should continue to insist on freedom of navigation in the South China Sea, and sail its ships wherever it wants, including within 12 miles of reclaimed islands. It should punish China for any future, limited use of military violence against a country like the Philippines by shoring up alliances, increasing forward U.S. military deployments, and imposing economic sanctions in concert with allies. But it should not itself use lethal force to directly respond to most small possible Chinese provocations or to evict People’s Liberation Army forces from disputed islands and shoals. It should tolerate some modest degree of expanded Chinese military presence in the area. And it should encourage regional friends to accept deals on joint economic exploitation of the region’s resources in which China would in effect be first among equals—though of course the exact meaning of that phrase would require careful delineation. 

Its behavior is worrying, to be sure—but not particularly surprising, and by the standards of history, relatively benign to date.

Duterte’s willingness to do a deal with China would seem to fit with these criteria, without surrounding any substantial claims to Beijing, and without suggesting any weakening in its ties to the United States either. The Philippines shouldn’t concede meaningful economic resources in the waters and seabeds surrounding the Scarborough Shoal. But ownership and control of the land features themselves are a minor matter about which Manila might well usefully compromise.

The United States and China are likely to be jostling for position in the South China Sea for years. That is probably inevitable. It is also tolerable, if we keep our cool while also maintaining our resolve—and if we patiently look for an ultimate compromise on the issues that currently divide America and its regional friends from Beijing. Ironically, the strongman from Mindanao may help us along with this process.

When she gives her speech tonight at the Democratic National Convention, Hillary Clinton will of course be at a crucial point in her campaign for the presidency. Her fellow Democrats—including her running mate Senator Tim Kaine, as well as Michael Bloomberg—have roundly criticized her Republican opponent Donald Trump this week. Vice President Biden and President Obama usefully offered a counterpoint to the dark worldview we saw from Mr. Trump last week in Cleveland. And former President Bill Clinton, as well as first lady Michelle Obama, told us about Clinton’s longstanding dedication to women and children, the less fortunate, and the nation as a whole. As a parent of a child on the autism spectrum, I have seen and deeply appreciated this side of Clinton myself.

Now, it is up to Clinton to sketch out a positive vision for her own presidency. In so doing, she must strike a balanced tone—acknowledging and tapping the energy (and at times anger) of Bernie Sanders, Elizabeth Warren, and their wing of the Democratic Party—while also reaching out to independents and moderate Republicans to whom she should appeal (given her past and her politics, and most of all, her opponent), but who at present tend not to think favorably of her.

Against this complex backdrop, I would offer only a few suggestions for her upcoming speech:

• On the state of the world, we need a nuanced view. Yes, there are big problems. Yes, ISIS is a greater threat than President Obama has sometimes acknowledged. On balance, however, things are troubled but not bad. Democracy has taken a hit in recent years, and the world’s economy has struggled in many ways for a decade, and Russia and China have caused considerable problems of late. But taking a larger perspective, the international order still has many strong points. Our alliances are strong. Despite recent setbacks, a higher percentage of people around the world live in democratic countries and above the poverty line this century than ever before. Child mortality globally is way down. U.S.-India relations are better than ever, as are America’s ties to other key rising powers like Indonesia. The U.S. military is indeed very strong (as retired General David Petraeus and I write in a forthcoming Foreign Affairs article), even if there is much to do to make it even better.


• We do need to do better in fighting ISIS. Ideas on how to attack it in Syria and Libya, among other places, will be key, even if details will necessarily need to await 2017. And while I think President Obama has done better in dealing with Russia and China than commonly understood, Obama has not explained his strategies for handling these powers very well to the United States. Clinton can help.


• The fading middle-class economic dream in the United States remains the central issue of this campaign. It explains the rise of Sanders and Trump better than any other single factor or phenomenon. Clinton’s views on economics are good but they come across as a bit piecemeal, borrowing from Sanders on a few key points like the minimum wage and trade but somewhat lacking her own key stamp. Above all other issues, I hope she concentrates on this tonight.


• We have not heard much about Benghazi or about Clinton’s email problems this week. To be sure, many Republicans have inflated these issues beyond all reason. But Clinton should still apologize for her mistakes to the country, without overdoing it. As best I can tell, she put no true national secrets or American personnel at risk in her emails, and while Benghazi was a tragedy that might have been preventable, no one can be perfect in times like these. We don’t typically excoriate our military commanders for mistakes that tragically may cost American lives in a given tactical operation, recognizing that such setbacks happen in war. That is not to excuse the lack of proper attention to Libya and Benghazi by the U.S. government back in 2011 and 2012, only to put it in perspective.


• It would be good to hear some nice words about Republicans too, in an effort to reach across the aisle and defuse some of the anger in American politics today. I don’t mean just to compliment Lincoln and Teddy Roosevelt, but also to note the importance of people like Pete Domenici and Warren Rudman in fiscal policy and deficit reduction (and more recently, John Boehner and Paul Ryan); George H.W. Bush and Bob Dole in the Americans with Disabilities Act; the Republican Congress of the 1990s in welfare reform; George H.W. Bush again as well as people like Christie Todd Whitman in environmental policy; George W. Bush on PEPFAR/AIDS and also on stressing inclusivity while avoiding anti-Muslim rhetoric after the 9/11 attacks; and good GOP governors or former governors like Mitch Daniels, John Kasich, and Jeb Bush in fostering economic growth as well as education reform across much of the country. To Democrats angry with the current Republican presidential ticket, as well as much of the current congressional leadership, this may seem like bending over backwards to appease the opposition. But in fact, the above folks are not the opposition that Clinton needs to defeat now; they are responsible, constructive, patriotic members of the other main political party in the United States. They are not the enemy, and by reaching out to them, Clinton can improve her odds of beating the person who is now very much the adversary—not only of the Democratic ticket, but of much of this country’s finest bipartisan traditions and accomplishments.

I’ll be rooting for all the above (and also hoping to get to bed before midnight). Please bring it on, Hillary!