[12th International Military Operations and Law Conference]
by Lt. Col. Susan Gibson, USA

Photos by TSgt. Miguel Espinoza, USAF

Asia-Pacific Defense FORUM, Winter 1999-2000

 

 

Ambassador David J. Scheffer
Ambassador David J. Scheffer, U.S. Ambassador at Large for War Crimes, makes one of the keynote addresses to the 12th US Pacific Command International Military Operations and Law Conference in Honolulu, Hawaii.

In February 1999, military and civilian operators, planners, and lawyers met in Honolulu for the 12th International Military Operations and Law Conference. The conference is sponsored by the Commander in Chief, US Pacific Command (USCINCPAC). It provides an annual forum to discuss operational legal issues affecting the nations in the Asia-Pacific region. More than 200 attendees from 37 nations participated in the 1999 conference, making it the largest and most diverse conference in its 12-year history.

The conference also drew participation from an impressive array of senior leaders in law and military operations. Fifty general officers or civilian equivalents were on hand to share their views and insights with the conference participants. These senior attendees included two supreme court judges; two attorneys general; two ambassadors; and 17 principal or deputy judge advocate generals.

Ambassador and General
The conference had 50 general officers or their civilian equivalents as participants, including distinguished speakers such as Prof. Dr. Hasjim Djalal, Indonesia's Ambassador at-Large for the Law of the Sea and Maritime Affairs and Gen. Suthee Charoonbara, Judge Advocate General for the Royal Thai Armed Forces.

The conference was opened by Adm. Dennis C. Blair, USCINCPAC, the duty day following his assumption of command. Adm. Blair's remarks set the stage for a week of productive discussion of legal issues affecting military operations in the 21st Century. Adm. Blair stressed the importance of advancing the rule of law in military operations. He also encouraged the international military legal community to become more involved in the negotiation of international agreements that affect military operations and military personnel, such as the Ottawa Treaty that bans anti-personnel land mines, and the International Criminal Court negotiations.

Judge Park Choon-Ho, of the United Nations (UN) International Tribunal for the Law of the Sea, began the series of presentations on Oceans Law and Policy with his speech on the resolution of territorial and maritime claims. Prof. Dr. Hasjim Djalal, Indonesia's Ambassador at-Large for the Law of the Sea and Maritime Affairs, later echoed and expanded on Judge Park's remarks with his speech on conflict resolutions in the Spratly Islands. Ambassador Djalal laid out the history of the Workshops on the South China Sea, which began in 1990. He praised the Southeast Asian nations for their efforts "to manage the potential conflicts in the South China Sea and to convert them as much as possible to cooperation." He stressed the importance of continued patience and the development of confidence- building measures.

Group picture
More than 200 attendees from 37 nations participated in the February 1999 conference.

Finally, a panel on the Law of the Sea was moderated by Prof. John Norton Moore, Director of the Center for Oceans Law and Policy at the University of Virginia. Ambassador Djalal was joined in this panel by Dr. B. A. Hamzah, Director General of the Maritime Institute of Malaysia; Mr. Gilberto G. B. Asuque, First Secretary and Consul of the Philippine Embassy in London; Dr. Robert W. Smith, Office of Ocean Affairs of the US Department of State; and Capt. George Galdorisi, US Navy, Chief of Staff of Cruiser-Destroyer Group Three and a Law of the Sea specialist.

Justice Magdangal B. Elma
Justice Magdangal B. Elma, Chief, Presidential Legal Counsel, the Philippines, addresses the conference.

In addition to the Oceans Law issues highlighted at the conference, two other panels and numerous speakers touched on other subjects of interest to military lawyers and operators throughout the Pacific. On the first panel, experts from Bangladesh, Canada, Nepal, Russia, the UN, and the US formed a panel to discuss UN Operations in the 21st Century. The panel was moderated by Prof. Myron H. Nordquist, Associate Director of the Center for Oceans Law and Policy, University of Virginia.

Brig. Md. Jahangir Alam Choudhury of Bangladesh spoke about his experiences in the UN Observer Mission in Georgia. Brig. Choudhury emphasized the importance of peacekeepers earning the trust of the local factions and remaining neutral. He also spoke about the important role that UN military forces play in humanitarian assistance during peacekeeping operations. Maj. Gen. (ret) John MacInnis, Senior Fellow at the Pearson Canadian International Peacekeeping Training Centre, put forth a model for lateral planning and coordination in peacekeeping operations that included security systems, aid and relief systems, development systems, and government and justice systems. Other members of the panel included Maj. Gen. Durga Nath Aryal, Adjutant General of the Royal Nepalese Army; Mr. Ralph Zacklin, UN Assistant Secretary-General for Legal Affairs; and Dr. Bakhtiyar E. Tuzmukhamedov, Department of International law of the Constitutional Court of Russia.

Officers meet
Sr. Col. Nguyen Van Khuynh, Chief of Legislation Department and Col. Nguyen Van Bieu, Country Desk officer, both of the Vietnamese Ministry of National Defense, meet Col. Michael Pent, Senior International Military Advisor to Pacific Air Forces Judge Advocate and another US Officer (seated).

The second panel discussion included judge advocate generals or their equivalents from Canada, Korea, Thailand, Russia, the Philippines, and the United States, as well as Justice Mark J. S. Sevua of the Supreme Court of Papua New Guinea, and Rear Adm. Neken Tarigan, Chief of the High Military Appellate Court of Indonesia. Rear Adm. Tarigan discussed the training of military lawyers in Indonesia and the role of military courts; he also focused on the importance of respecting human rights and the laws of war. Gen. Suthee Charoonbara, Judge Advocate General for the Royal Thai Armed Forces, also spoke about the important role that judge advocate officers play in educating military forces regarding international human rights laws.

Participants
Mongolia's participants included Mr. Ravjaa Mounkhov of the Ministry of External Relations and Maj. Gen. Suren Baasankhuu, State Secretary of the Ministry of Defense.

Lt.-Gen. Gennady A. Zolotukhin, Chief of Legal Services of the Armed Forces of the Russian Federation, described recent and proposed legislation affecting legal services in the military and described his vision for the expanding role of military legal advisors in Russia. Brig. Gen. Kim Jin-Seob, Judge Advocate General for the Republic of Korea Army, focused his remarks on security issues on the Korean Peninsula, while also touching on the issue of anticipatory self-defense under international law, and international -cooperative security regimes.

Brig. Gen. Kim Jin-Seob
Brig. Gen. Kim Jin-Seob, Judge Advocate General of the Republic of Korea Army, addressed attendees on international legal aspects of self-defense and international cooperative security regimes.

The week's activities were rounded out by a seminar game involving international legal and policy issues surrounding a fictitious security crisis. For two afternoons, the conference participants broke into small groups to discuss the issues raised by the game scenario.

Additional speeches by keynote speakers included presentations on important legal issues. Ambassador David J. Scheffer, Ambassador at Large for War Crimes for the US Department of State, spoke on Deterrence of War Crimes in the 21st Century. Mr. Daniel R. Fung, former Solicitor General of Hong Kong, discussed Hong Kong's reversion to China. Vice Adm. Arthur. K. Cebrowski, President of the US Naval War College, discussed Sea, Space, and Cyberspace: Borderless Domains.

Chinese participants
China's participants included Sr. Col. Chenglin Shi, Director of the Judicial Bureau and Maj. Zhen Li, Secretary of the Foreign Affairs Bureau, both of the General Political Department of the People's Liberation Army.

Justice Magdangal B. Elma, Chief of Presidential Legal Counsel of the Philippines, expounded on President Estrada's priorities, the constraints of the 1987 Constitution, and the public debate in the Philippines over the Visiting Forces Agreement. Rear Adm. John D. Hutson, Judge Advocate General of the US Navy and Department of Defense Representative for Ocean Policy Affairs, spoke about US Oceans Policy and Law of the Sea Perspectives. Finally, Judge Sidney R. Thomas of the US Ninth Circuit Court of Appeals, gave a moving speech on The Rule of Law in Democratic Societies and the indispensable role of an independent judiciary.

The conference not only provided attendees with the opportunity to hear a diverse group of excellent speakers, it also afforded the attendees the unique opportunity to discuss issues and ideas in large and small groups with legal and -military leaders from throughout the Asia-Pacific region. As one conference participant noted, the "opportunities -presented during this forum to learn, meaningfully exchange ideas, discuss problems, debate issues, network, and socialize are all without parallel." Planning is already underway for the 13th annual conference. Manila has been chosen as the site for a conference in 13-17 March 2000.

Discussion
Rear Adm. John D. Hutson, Judge Advocate General of the US Navy; Lt.-Gen. Gennady Zolotukhin, Chief of Legal Services, Russian Federation Armed Forces; and Russian translator Mr. Viktor Polishchuk, enjoy a discussion during a conference break.


Lt. Col. Susan Gibson, USA, is the Assistant Staff Judge Advocate for the US Pacific Command, Camp H. M. Smith, Hawaii, and was a participant in the 1999 conference.

Back ..... Up To Top  ..... Next