Last week the Senate Select Committee on Intelligence issued its report on the Sept. 11, 2012, terrorist attacks in Benghazi, Libya. The report concluded that the attack, which resulted in the murder of four Americans, was "preventable." Some have been suggesting that the blame for this tragedy lies at least partly with Ambassador Chris Stevens, who was killed in the attack. This is untrue: The blame lies entirely with Washington.
The report states that retired Gen. Carter Ham, then-commander of the U.S. Africa Command (Africom) headquartered in Stuttgart, Germany, twice offered to "sustain" the special forces security team in Tripoli and that Chris twice "declined." Since Chris cannot speak, I want to explain the reasons and timing for his responses to Gen. Ham. As the deputy chief of mission, I was kept informed by Chris or was present throughout the process.
On Aug. 1, 2012, the day after I arrived in Tripoli, Chris invited me to a video conference with Africom to discuss changing the mission of the U.S. Special Forces from protecting the U.S. Embassy and its personnel to training Libyan forces. This change in mission would result in the transfer of authority over the unit in Tripoli from Chris to Gen. Ham. In other words, the special forces would report to the Defense Department, not State.
Chris wanted the decision postponed but could not say so directly. Chris had requested on July 9 by cable that Washington provide a minimum of 13 American securityprofessionals for Libya over and above the diplomatic security complement of eight assigned to Tripoli and Benghazi. On July 11, the Defense Department, apparently in response to Chris's request, offered to extend the special forces mission to protect the U.S. Embassy.
However, on July 13, State Department Undersecretary Patrick Kennedy refused the Defense Department offer and thus Chris's July 9 request. His rationale was that Libyan guards would be hired to take over this responsibility. Because of Mr. Kennedy's refusal, Chris had to use diplomatic language at the video conference, such as expressing "reservations" about the transfer of authority.
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At a memorial service for U.S. Ambassador Chris Stevens in San Francisco, Oct. 16, 2012. Reuters
Chris's concern was significant. Transferring authority would immediately strip the special forces team of its diplomatic immunity. Moreover, the U.S. had no status of forces agreement with Libya. He explained to Rear Adm. Charles J. Leidig that if a member of the special forces team used weapons to protect U.S. facilities, personnel or themselves, he would be subject to Libyan law. The law would be administered by judges appointed to the bench by Moammar Gadhafi or, worse, tribal judges.
Chris described an incident in Pakistan in 2011 when an American security contractor killed Pakistani citizens in self-defense, precipitating a crisis in U.S.-Pakistani relations. He also pointed out that four International Criminal Court staff, who had traveled to Libya in June 2012 to interview Gadhafi's oldest son, Saif al-Islam al-Qadhafi, were illegally detained by tribal authorities under suspicion of spying. This was another risk U.S. military personnel might face.
During that video conference, Chris stressed that the only way to mitigate the risk was to ensure that U.S. military personnel serving in Libya would have diplomatic immunity, which should be done prior to any change of authority.
Chris understood the importance of the special forces team to the security of our embassy personnel. He believed that by explaining his concerns, the Defense Department would postpone the decision so he could have time to work with the Libyan government and get diplomatic immunity for the special forces.
According to the National Defense Authorization Act, the Defense Department needed Chris's concurrence to change the special forces mission. But soon after the Aug. 1 meeting, and as a complete surprise to us at the embassy, Defense Secretary Leon Panetta signed the order without Chris's concurrence.
The SenateIntelligence Committee's report accurately notes that on Aug. 6, after the transfer of authority, two special forces team members in a diplomatic vehicle were forced off the road in Tripoli and attacked. Only because of their courage, skills and training did they escape unharmed. But the incident highlighted the risks associated with having military personnel in Libya unprotected by diplomatic immunity or a status of forces agreement. As a result of this incident, Chris was forced to agree with Gen. Ham's withdrawal of most of the special forces team from Tripoli until the Libyan government formally approved their new training mission and granted them diplomatic immunity.
Because Mr. Kennedy had refused to extend the special forces security mission, State Department protocol required Chris to decline Gen. Ham's two offers to do so, which were made after Aug. 6. I have found the reporting of these so-called offers strange, since my recollection of events is that after the Aug. 6 incident, Gen. Ham wanted to withdraw the entire special forces team from Tripoli until they had Libyan government approval of their new mission and the diplomatic immunity necessary to perform their mission safely. However, Chris convinced Gen. Ham to leave six members of the team in Tripoli.
When I arrived in Tripoli on July 31, we had over 30 security personnel, from the State Department and the U.S. military, assigned to protect the diplomatic mission to Libya. All were under the ambassador's authority. On Sept. 11, we had only nine diplomatic security agents under Chris's authority to protect our diplomatic personnel in Tripoli and Benghazi.
I was interviewed by the Select Committee and its staff, who were professional and thorough. I explained this sequence of events. For some reason, my explanation did not make it into the Senate report.
To sum up: Chris Stevens was not responsible for the reduction in security personnel. His requests for additional security were denied or ignored. Officials at the State and Defense Departments in Washington made the decisions that resulted in reduced security. Sen. Lindsey Graham stated on the Senate floor last week that Chris "was in Benghazi because that is where he was supposed to be doing what America wanted him to do: Try to hold Libya together." He added, "Quit blaming the dead guy."
Mr. Hicks served as Deputy Chief of Mission at the U.S. Embassy in Tripoli from July 31 to Dec. 7, 2012.