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by John Brian Shannon | November 18, 2015
It’s a fact of international law that military aircraft from one nation entering the airspace of another nation (without permission) is illegal and considered an act of war.
It’s also illegal for aircraft (or ships) from ‘Country A’ to enter ‘Country B’ and kill people there — even if the people they kill are members of a heinous terror organization.
This is a matter of international law. There’s no ambiguity, it’s not up for discussion, and it’s not under debate by legal scholars anywhere. No constitutional lawyers anywhere dispute this part of sovereignty law.
(For the record; Some countries don’t respond militarily to illegal incursions into their air, sea, or land space — while others respond aggressively. It’s the aggrieved nation’s right to respond in any way it deems appropriate)
Two exceptions are allowed under international law
If a country or a coalition of countries, have a mandate from the United Nations (via a UN Security Council or General Assembly resolution) then they may enter and engage hostile combatants under the conditions set within the UN resolution.
The other exception is when the host country has formally requested that a country, or a coalition, intervene inside their borders.
International laws apply equally to every nation. They aren’t like an à la carte dinner menu where you can simply choose which laws you wish to follow
No matter how evil some terror groups are, countries that break international law are just as guilty of breaking laws as those terror groups
If some countries in the West send their fighter-bomber jets into Syria; a) uninvited by the host government, or; b) with no UN mandate to do so — they are just as guilty of breaching international law as ISIS, perhaps moreso — as nation states know full well the responsibilities of international law and they know that they are bound by those laws. Any protestations by government spokespersons are doublespeak.
ISIS is not a country. Having pretensions at being a country, is not the same thing as being a country
ISIS is a terror group, and although bound by the criminal and civil laws of whatever countries they operate in, they’re not a country and are therefore not bound by the same laws that nation states must uphold.
My point is, if we in the West are saying that we’re a great moral force in the world, then we better start acting like it.
Historically, Canada is renown as a nation that abides by the rule of law
In no way should Canada be invading the sovereign airspace of any nation with our fighter aircraft, no matter the pretext.
In fact, our constitutional document refers to ‘Peace, Order and Good government’ as the justification for supporting the idea of a federal government in the first place. So…
Either Canada is a nation that respects international law, or it isn’t
If we abide by international law, then we are setting a good example and we should expect to be treated accordingly by other nations. And if occasion arises when our good example is not reciprocated by other nations, then we can claim full legal recourse with support from other law-abiding nations.
If we don’t abide by international law, but instead rely on the law of the jungle — then we must realize that we will be treated accordingly by the UN, by other institutions and by other nation states.
One way or another, we’ll get what we deserve
Therefore, Prime Minister Justin Trudeau seems on the right side of international law when he indicated that Canada’s CF-18’s would stop flying into Syrian airspace to bomb civilians — only some of whom may be ISIS members.
Until then, Canada continues to break international law by flying into Syrian airspace and bombing civilians
Let’s not forget that ISIS members are civilians who have joined a terror organization — they’re not members of the Syrian Army and Canada isn’t at war with Syria — therefore, we have no legal right to be there regardless of how evil the ISIS entity is. The anger we feel at their horrific terror attacks doesn’t entitle us to become lawbreakers.
We’re supposed to be the country of ‘Peace, Order and Good Government’ – not a country of ‘Anger, Revenge and International Scofflaws’
The sooner Canada returns to conformance with international law the better; For the reputation of this country, for the example that this country sets to the world, and for this country’s future security.
Canada’s best way forward for dealing with ISIS, is to operate within Iraq, a country which has formally asked for our assistance
Canada can contribute to operations on the ground and in the air in the fight against ISIS within Iraq. We’ve been asked to be there, and we should therefore, show up and contribute our best effort.
If Canada, claims that it is part of a great and moral fight in the world, then let us start by being moral
And in this case, that means getting out of Syrian air, sea, and land space, ASAP — and fulfilling our mandate to be enablers of Peace, Order and Good Government by assisting the government and people of Iraq to our best ability.
- Scope of Canada’s military training mission in Iraq could expand (The Globe and Mail)
- Paris attacks: UN passes resolution urging action against Isis (Financial Times) [But not Article 7. – Ed.]
ISIS: Defining Canada’s role in the fight against ISIS | 28/09/14
by John Brian Shannon
Since ISIS has ramped up its actions in Iraq and Syria, Western nations have reacted by militarily attacking concentrations of ISIS fighters and their weapon stockpiles.
The military action is a logical second step. The first step would have been to be work the diplomatic angle all throughout the Iraq War — and even moreso after the coalition largely vacated the country in 2011.
Weak diplomacy by the West, post-Iraq War, led to the very power vacuums that caused the formation and rapid rise of ISIS. Power vacuums are always filled, that’s human nature.
What diplomats do, is ensure that qualified people attain positions of power, and not only qualified, but people who recognize the value of peaceful societies and are willing to devote significant efforts towards negotiating politically and economically sustainable outcomes.
Ergo, the West is back in Iraq and the U.S. Air Force is flying counter-terror missions over northern Syria. There are now 1.2 million new refugees inside Iraq and hundreds of thousands of Syrian and Kurdish refugees. All of whom are now streaming across the Turkish border every week.
Over a 10-day period in September, some 500,000 refugees fled across the border into the vastly overwhelmed UNHCR camps in Turkey bringing the total Iraqi/Syrian/Kurdish refugee count in Turkey to 1.5 million as of October 1, 2014
With no sign of letup it must be said. Refugee numbers look set to increase as ISIS fighters tear most of northern Syria to pieces along with some lightly-defended areas of northern Iraq.
United Nations High Commissioner for Refugees (UNHCR) chief spokeswoman Melissa Fleming said they are preparing for the flight of the entire 400,000 population of Kobane, a Syrian town surrounded by approaching ISIL fighters on the three sides.
Assistant Professor Erkan Ertosun, a lecturer at the faculty of economic and administrative sciences at Ankara’s Turgut Özal University, speaking to Samanyolu Haber TV station on a live broadcast, said:
“The Syrian refugees living in streets, abandoned buildings or construction areas were able to withstand those conditions during summer. When winter arrives, they will no longer be able to support those conditions.”
As well as accommodation problems, the Syrian refugees face difficulties about communicating with local people, finding jobs and healthcare issues.
In accordance with President Recep Tayyip Erdoğan’s instructions, the refugees in Turkey have been given “guest” status rather then that of refugee due to Turkey’s open-door policy toward Syrians at the Turkish border.
Ertosun claimed that Turkey’s open-door policy toward Syrian refugees may lead to irreversible problems, adding;
“This is the most critical refugee problem in the history of the country.” — Today’s Zaman
Combined with coalition bombing campaigns we might see refugee numbers surpassing 1 million per month beginning soon.
Is Canada a ‘clone’ of the United States, or do we have our own Foreign Policy?
Canada is a sovereign nation and although it maintains friendly ties with many nations, there should be nothing stopping the Prime Minister of Canada and his FM from deciding on an independent course of action. It’s been happening all along throughout Canada’s history, and we were charting our own course even before Canada made the switch from being a colony of Great Britain, to being a full-fledged country.
Multilateralism, Multiculturalism, and growing the Interdependence between nations
It was Canada that had the world’s fourth-largest Navy in WWII, Canada was a charter member of the League of Nations, and later a founding member of the United Nations. Canada helped to found the Commonwealth of Nations (later called the British Commonwealth, or Commonwealth) with the British monarchy as its head and helped other countries (even India, a republic!) to join that Commonwealth.
It was Canada that developed the concept of peacekeeping and we’ve led the world in the fight against the use of land mines. We spirited American hostages out of revolutionary Iran and we have sustained many peacekeeping operations bringing stability to conflict regions and preventing wider wars.
Our efforts in this have been unparalleled and all Canadians should rightfully feel proud of our contribution and we must respect the sacrifice of our troops. Prime Minister Lester B. Pearson won a Nobel Peace Prize for diffusing the Suez Crisis in the 1950’s by single-handedly convincing the UN to send in a Canadian-led peacekeeping force to end the crisis by separating the combatants.
Canada was also a founding member of NATO and is solely responsible for “Article 2” of the NATO constitution (also known as ‘the Canadian Article’ of 1949) which reminds members that the alliance should not be purely military in nature, but should involve peacekeeping operations and humanitarian aid.
One answer to the problem of U.S. domination was to avoid bilateral arrangements with the Americans where possible and to involve Canada in multilateral organizations (e.g., the Commonwealth or United Nations), where U.S. influence would be somewhat diffused. Most Canadians welcomed the UN, which the Canadian government took a vigorous part in creating. But Prime Minister McKenzie King, mindful of his own lifetime battle to remove Canada from the trammels of British imperialism, was dubious of a world to be dominated by the Great Powers. King’s advisers, wanting to find some way for Canada to play a significant role in the world, advanced the concept of the “middle power”—that is, a state strong economically though perhaps not militarily. The idea in practice meant that Canada should concern itself primarily with economic policy in world affairs and with aid to developing countries. Canada decided to use its considerable knowledge of nuclear fission not for military purposes but exclusively for peaceful and economic ones. — Encyclopedia Britannica
Simply doing ‘whatever the Americans do’ is not foreign policy!
If Canada wants to continue to be taken seriously as a world power then it must continue to present notable and worthwhile initiatives on the world stage — as it has done all along. A lack of our own clear and decisive foreign policy means that we simply allow ourselves to become America’s ‘cabin boy’ and based on our past successes, we deserve better than that.
Which takes leadership. Sometimes, fearless leadership.
How can Canada contribute best, using unique Canadian strengths and attributes, to the efforts underway in Iraq and Syria — and to the growing refugee problem in Turkey?
The UNHCR is overwhelmed as hundreds of thousands of refugees cross into Turkish territory every week. The other major Western powers have plenty of warplanes, whether Canada contributes six CF-18’s to the effort or not, is of little consequence to the overall situation!
What can make a huge difference and again allow Canada to ‘punch above its weight’ as it has done in previous decades is to ‘own the humanitarian aid effort’ that is presently taking place in Turkey
Canada has huge airlift potential, it has specially trained personnel that can set up ‘tent cities’ it has enormous stores of food aid and other aid that it can send, and it can even transport aid from other countries to the troubled zones.
The goal here isn’t to displace the UNHCR, just that so much more assistance is needed than what has been delivered thus far. And with hundreds of thousands of people arriving each week, the need is growing fast.
What good are coalition efforts as ISIS slowly gets destroyed over the next 24 months and millions of citizens of Iraq and Syria flee to Turkey — only to die of lack of care — after having reached a so-called ‘safe haven’?
That’s coming — whether we like it or not. Whether coalition bombers continue their campaign or not, ISIS will be driving people from Iraq and Syria. Perhaps millions of people. Some 1.5 million refugees from those two countries are already settled inside Turkey. Another 500,000+ have arrived in the past 2 weeks, and almost certainly another 400,000 on the way.
By the end of November, Turkey may be be hosting 3 million people fleeing terror from two different countries.
All of this places severe strains on the very real human beings caught in this traumatic situation, it also permanently strains the resources of the Turkish government and the UNHCR.
Canada, as one of the founding members of the UN must put its money where its mouth is, and contribute!
Not only will Turkey and the UNHCR require additional assistance in the coming weeks and months, but Canada should push for a UN-backed resolution allowing for a robust force of Canadian peacekeeping troops to protect such refugee encampments from ISIS fighters who will shoot at refugees across the Turkish/Syrian border — and there is no reason it wouldn’t be approved by the UN and by fellow NATO-member Turkey.
The logical place for 6 CF-18’s and a squadron of Canadian rescue helicopters is on the Turkish side of the border protecting a 50-mile-wide strip of land wherever and whenever the refugee camps come under cross-border attack (and at some point, they will) from ISIS fighters.
It’s time for Canada to again ‘punch above its weight’ and handle the part of the overall effort which cannot be handled by the coalition due to their particular commitments
Leadership. Commitment. Multilateralism. Humanitarian Assistance. Unconventional solutions to common problems. Historically, those are the things that Canada is known for in the international space. We should stick to what we do best and let other countries (in this case, the coalition) do what they do best.
I wish the Americans, the Brits, the French, and other coalition members well in their fight against ISIS. But somebody needs to help the refugees already in Turkey, plus the recent arrivals, and sufficient help must be preplanned to help more hundreds-of-thousands soon to cross into Turkey — otherwise, the whole coalition effort to save Iraqi and Syrian civilian populations is mostly in vain, isn’t it?
It looks like it’s time to make our unique contribution. Therefore, let us excel as always.
The world needs ‘more Canada’ and this is another chance to show the world who we are.
- At Issue: Canada’s Role in Iraq (CBC The National ‘At Issue’ video October 2, 2014)