
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.

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.

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, 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.

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.

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, 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.

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.

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.
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