Multilateral Military Law Conference in Manila
- continued -

Delegates participated in legal discussions, which were part workshop, part seminar. The workshops, in particular, elicited contributions from all participants. They involved "gaming" peacekeeping operations, a very topical subject in the Pacific-Indian Ocean basin. The conference theme, "Testing the Limits of Sovereignty," addressed contemporary international law aspects of sovereignty.

Distinguished delegates included 17 flag officers or their civilian equivalents. The fact that so many senior officers and civilians participated, from so many countries, underscored the value of this multi-national conference, and the participants’ very high expectation of shaping and influencing future international law.

The conference started with welcoming remarks by Brig. Gen. Honorario Capulong, Judge Advocate General, AFP, the conference co-host. Philippine Secretary of National Defense Orlando Mercado and AFP Chief of Staff Gen. Angelo Reyes each addressed the conference. They reaffirmed their individual and collective commitment to peacefully resolving contentious issues, and to formulating international law that guarantees the rights of all nations to pursue national goals without abridging the rights of others. The fact that the Philippines provided troops and a flag officer (Lt. Gen. Jaime De Los Santos) to lead peacekeeping operations in East Timor was not lost on conference participants.

Conference topics included: "War Crimes Investigation and Prosecution;" "Training and Education for Military Lawyers;" "Law of the Sea: Whose Jurisdiction is Creeping, Sovereign or International?" "Humanitarian Intervention: An ICRC Perspective;" and "Australian Perspective on Coalition Naval Operations in Support of INTERFET Peacekeeping Operations."

Given the seriousness of the topics, and the intensity with which they were discussed, a portion of one day was reserved for visiting the battlegrounds and ruins of Corregidor. That island, situated at the mouth of Manila Bay, symbolized what happens when international law is abrogated. Today, the island and its battlefields stand in mute testimony to the sacrifice of soldiers when international law failed to address issues involving national "sovereignty." It is doubtful visitors to that now quiet and beautiful island could touch the ruins, and see where thousands died, and not be committed to the rule of law.

Rethinking Sovereignty

Secretary of National Defense Orlando S. Mercado, addressed conference attendees on "Rethinking Sovereignty." He traced the evolution of the concept of sovereignty. By 1648, he noted, the Treaty of Westphalia described the relationship between warring states, and served as the basis for our modern understanding of sovereignty. In reality, argued Secretary Mercado, Westphalian sovereignty more accurately described the relationship between strong and weak states, a concept fully understood much earlier, regardless of the specific word. Indeed, Secretary Mercado observed, stronger states know more about weaker states than do their rulers. As technology and the apparent inequality between states progresses, supranational or global forces may erode individual nation-state sovereignty.

Secretary Mercado then cited seven examples of intervention which test the limits of sovereignty. The seven – pure realist justification, self-preservation, consent, consensus, government collapse, universal values, and the creation of a central international authority – have been used to justify particular courses of action. Secretary Mercado concluded that the traditional view of sovereignty "no longer finds any empirical referents in the international community," and it is up to conference attendees to address this and other legal issues.


 

Back ..... Up To Top  ..... Next