Home » Posts tagged 'constitutional law'
Tag Archives: constitutional law
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.]