In Canberra, Australia, 160 military lawyers, planners and operators from 21 Asia-Pacific nations gathered for an International Military Operations and Law Conference.

The Australian Defence Force (ADF) and the United States Pacific Command (USPACOM) co-hosted the International Military Operations and Law Conference in Canberra, Australia, 11-15 March 1996. The conference, attended by 160 lawyers, planners, and operators from 21 Asia-Pacific nations, was held at the Telestra Conference Centre, Australian War Memorial. The nearby exhibits were a constant reminder that the issues under discussion were not just theoretical, but could mean life and death for soldiers, airmen, and sailors.

The theme of this year's conference was "Operations and Law: Current Issues for Commanders." This was the first time the annual conference was co-hosted by another nation and the first time it was merged with the USPACOM Legal Conference. Both changes added to the excitement and relevance of the proceedings. The location, a short distance from ADF headquarters, ensured participation by numerous ADF officers. The timing of the conference, which took place simultaneously with the Canberra Festival, made this visit to Australia even more unforgettable for many of the participants. The presence of operations officers from a variety of nations, many with extensive experience in peacekeeping operations, ensured the conference did not lose sight of its emphasis on "Issues for Commanders." Another first was the participation of representatives from Cambodia, Kazahkstan, and Vietnam.

The conference began with an informal evening reception at the ADF Joint Services Staff College Officers Mess, a short distance outside Canberra. The next morning all convened at the War Memorial. After welcoming remarks by Air Vice Marshal Brian Weston, AM, Assistant Chief of the Defence Force (Operations), HQADF; Air Commodore Geoffrey Skillen, Director General, Defence Force Legal Services, HQADF; and Capt. Dennis Mandsager, U.S. Navy, Staff Judge Advocate, U.S. Commander in Chief, Pacific Command (USCINCPAC); the keynote address was delivered by the Honorable Judith Miller, U.S. Department of Defense General Counsel. Ms. Miller updated the audience on a variety of operational law issues. These ranged from concerns in Bosnia and such emerging issues as use of land mines and lasers to the new protocols of the Geneva conventions that give us our law of armed conflict. She emphasized that a better understanding of the legal issues facing commanders will promote "maximum military effectiveness while adhering to the rule of law."

The conference then held a series of panels on current issues. Australian or U.S. officers chaired each panel. These panels included an international membership of both operators and lawyers who exchanged views to promote common understanding of important international principles relevant to security issues in Asia-Pacific region. After short presentations by each panel member, the audience was encouraged to make comments and ask questions.

The Information Warfare panel was preceded by remarks from the Honorable Sheila Cheston, U.S. Air Force General Counsel. She and the panel members discussed the elements of information warfare and the legal issues that advances in technology have brought. The law of armed conflict was not written with anticipation of the computer age. The meaning of an armed attack was clear 100 years ago, but is less clear now. This discussion raised many questions. When is an attack on your computer and communications systems an armed attack, justifying military response, and when is it just a law enforcement issue? If it is a law enforcement issue, whose law, in this day of globally linked computer systems?

Some of the most interesting discussions, surrounding this and other issues, occurred during the breaks and social events. Cmdr. Brian Bennett of the United States, speaking about Command and Control Warfare (C2W), the battlefield application of Information Warfare, described a situation he encountered flying over Bosnia where he had to make a difficult decision regarding hostile intent on whether to fire on a Bosnian Serb missile position that was radiating NATO aircraft with targeting radar, but had not actually fired. Later he was approached by Brig. Shafi Mehboob from Bangladesh who informed him, that by firing his missile, he not only stopped the missile site from firing, but scared a nearby Bosnian Serb artillery unit that was firing on Bangladeshi soldiers into shutting down, saving the lives of peacekeepers hamstrung by difficult rules of engagement.

The Counterdrug panel focused on international cooperation in halting the flow of illicit narcotics around and from the Asia-Pacific area. U.S. Navy Lt. Matthew Kronisch, from PACOM's counterdrug organization, Joint Interagency Task ForceWest, explained the U.S. military role in providing support to law enforcement organizations in multiple countries. Cmdr. T.D. Weerasinghe from Sri Lanka explained the role of his military in conjunction with other agencies in combating drugs. Other speakers emphasized the importance of shared intelligence, since the same narcotrafficers are involved in shipping drugs to multiple countries. Additionally, because some military forces have law enforcement capabilities and can make arrests, they stressed the need for cooperation as individual countries pursue violations of their domestic law.

The Peace Operations panel addressed operational law issues associated with the conduct of nontraditional military operations, such as UN peacemaking and peacekeeping and NATO operations currently underway in Bosnia. Maj. Penijamini R. Lomaloma from Fiji and Col. Roger L. Howard from New Zealand drew on their countries' extensive experience in peace operations to provide a framework on the legal basis for peacekeeping through the UN and the importance of commonly understood command arrangements, Status of Forces Agreements (SOFA), and Rules of Engagement. Lt. Col. John Haub, a reserve Civil Affairs officer from the United States, illustrated the importance and difficulty of cooperating with nongovernmental and private organizations, citing examples from recent experiences in Haiti.

Attendees received ADF Command and Strategic briefings, followed by a presentation on the means used in the ADF to train personnel on the Law of Armed Conflict. Of most interest to the audience was the use of scenarios and role playing by units about to be deployed, which built on the general training all soldiers receive, to prepare them for the types of situations they might encounter in a particular operation.

The Military Justice for Deployed Forces panel discussed the challenges associated with providing legal services to commanders during distant military operations. If soldiers deployed on peace operations are protected by SOFAs, it becomes critical for the deployed force to include its own military legal personnel to deal with infractions, so that the local populations see justice is being done. Brig. Gen. Francisco Paredes from the Philippines provided a moving description of the difficulties the commander conducting internal operations faces, often more complex than foreign operations, because of both domestic civil and military law concerns.

The Oceans Policy panel addressed a variety of subjects, including freedom of navigation and nuclear free zones. Col. Wahyu Wibowo and Col. Iswandi of Indonesia addressed the difficulties faced by an archipelagic state astride major sea lanes in policing its sea and air space. Law enforcement and defense issues must be balanced against the established freedom of navigation for all nations.

An address by the U.S. Ambassador to Australia, the Honorable Edward Perkins, focused on the importance of the concept of "community" as exemplified by the community of nations represented at the conference. He stated that the efforts of all members of the Asia-Pacific community were essential to ensure stability, security, economic prosperity, and a shared commitment to democratic values.

Attendees were later given a guided tour of the Tidbinbilla Nature Reserve outside of Canberra. Here the visitors had a chance to see some of Australia's unique wildlife: kangaroos, koalas, kookaburras, etc., in a natural environment.

The fourth day began with presentations by the Rules of Engagement panel that discussed development of rules of engagement for multinational military operations under UN or other auspices. The panel discussed the difficulty of adapting rules designed for armed conflict to humanitarian relief and peace operations in unstable environments.

The Law of Armed Conflict panel addressed areas under discussion to update Geneva protocols. They discussed enacting restrictions on the use of mines as terror weapons or in ways that harm civilian populations and how applicability to internal problems as well as conflicts between states must be balanced against the legitimate use of mines as a defensive weapon. The legitimate use of lasers as weapons was another area of discussion.

Next, the Avoiding Incidents at Sea panel addressed international rules for conducting reconnaissance, surveillance, and other operations off the coasts of other nations or in proximity of their military units. The legitimate defense prerogatives of both countries must be balanced to avoid conflict.

Later, the conference attendees broke into small groups for guided tours of the Australian War Memorial. The War Memorial is probably unique in the world. It combines a museum covering all Australia's wars and services (Army, Navy, and Air Force) with a memorial to those who died in service to their country. The exhibits, especially the detailed dioramas, graphically display the heroism and suffering of the common soldier, the latter which international law of armed conflict attempts to ameliorate.

Attendees also traveled outside of Canberra to the Lanyon Homestead, one of the earliest ranches in the area. The outdoor setting provided a different venue for the last two panels. It seemed especially appropriate for the discussion of Environmental Compliance. Recent environmental protection initiatives have complicated the planning and conduct of military operations. The panel addressed the issues associated with balancing environmental protection with mission accomplishment and cost reduction.

The final panel dealt with Alien Migration. Often, only military forces have the capability to detect and detain illegal migrants. However, migrants are not a hostile military force, and must be dealt with in a humanitarian manner in accordance with international and domestic law, even if most will be ultimately repatriated to their home country. Two different approaches to the problem were highlighted with case histories by the United States and Australian panelists.

Conference attendees left with a common understanding of the elements of international operational law and an appreciation of the individual ways different countries operate within that broad framework as they strive to also comply with their own domestic laws and promote military efficiency. This common understanding and the friendships developed will enhance interoperability in future Asia-Pacific bilateral and multilateral exercises and military operations.