US Citizens at Risk – in Ukraine

Posted on Monday, February 14, 2022
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by AMAC, Robert B. Charles
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Ukraine legal matters criminal

The Biden White House, State Department, and Military are taking a “hands-off” approach to getting US citizens out of another country which may be overrun by a foreign military – this time, Ukraine. Six months ago, it was Afghanistan. This policy – abdication of American citizen extraction – is madness.

Yes, I hear the justifications. I hear the pleas of a weak President, telling American citizens to get themselves out. I understand the rigor of logistics. I realize organizing extractions is hard. See, e.g., Ukraine tensions: Joe Biden says US citizens should leave Ukraine now.

As a former Assistant Secretary of State – whose job, incidentally, included managing State’s airwing under Colin Powell – allow me to say part of State’s mission is extraction. The state is legally obligated to get American citizens (“AMCITS”) out of precarious situations.

Three quick points here.

First, AMCIT extractions are not rare. They are common. They are coordinated – within the constraints of warning, host countries, logistical planning, and third-country participation.

“Since 1988, the Department of State has ordered over 270 evacuations from overseas posts due to civil strife, terrorist incidents, natural disasters, conventional war threats, and disease outbreaks.” Under President Trump, State managed to get 20,000 citizens home in COVID.

To achieve that outcome, State must “prepare for evacuation,” including reliance on “guidance, plans, and training, such as Emergency Action Plans.” To assure quality, reviews are done. See, State Department: Evacuation Planning and Preparations for Overseas Posts Can Be Improved.

Point two. While Defense can also be mobilized, legal authority – and the obligation – is formally on the State Department, typically not Defense.

Accordingly, often “the U.S. government will provide a transportation option to a location away from the crisis event, usually a neighboring country or a different part of the same country,” even if commercial options are pursued and advised first. See, e.g., What the Department of State Can and Can’t Do in a Crisis.

Point three. In July 2021, the Biden State Department inexplicably killed a formative bureau – the operation within State dedicated to extractions that occurred in 2020. They quietly signed a document ending its existence, pushed the responsibility to Defense.

All this is especially concerning right now. Why? Because at times when Americans need to know a whole-of-government approach is being used to protect US citizens at home and around the world, we seem to see abdication of that commitment.

Today, according to credible sources, we have between 6,600 AMCITS in Ukraine, and perhaps “tens of thousands.” Whether we have 100 or 100,000, we have an obligation to get them home, through a combination of counsel, advice, and physical extraction.

The horror of this moment is that – at a time when Americans are at risk, for the second time in six months – the Biden White House, State Department, and Defense seem to be conveying a “you are on your own” message. 

The right answer is – at a time when we are delivering defense weapons (Javelin and Stinger missiles) by the planeload to Ukraine, we should be reloading those same planes with assembled AMCITS who want out, are pressed to get out fast.

Bottom line: Given Taliban chasing Americans and allies in Afghanistan – who thought they would be extracted – we owe it to be ready this time, to get every American out of Ukraine – now. If we end up with one wounded or lost American, that is entirely on Biden. Not to get them out now, is madness.

URL : https://amac.us/newsline/national-security/us-citizens-at-risk-in-ukraine/