Canada Military Journal
Canada Military Journal
MILITAR
JOURNAL
Y
Vol. 20, No. 1, Winter 2019
Vol. 20, No. 1, Winter 2019 CONTENTS
3 EDITOR’S CORNER
MILITARY HISTORY
31 Devil Copper: War and the Canadian Nickel Industry, 1883–1970
by Scott Miller
40 When Johnny (Canuck) Comes Marching Home Again: Canadians in the
Military Commanders’ American Civil War, 1861–1865
Responsibility for by Geoff Tyrell
Members’ Health
VIEWS AND OPINIONS
49 “Parallel Warfare” in Conflicts with Limited Political Aims
by Andrew McNaughton
58 Legal Implications of Canadian Foreign Fighters
by Michael Wickson
65 Strengthening the Canadian Armed Forces Capacity to
Address Child Soldiers
by Alan Okros
COMMENTARY
70 Missing in Action: The Troubling Case of Defence and the Election of 2019
by Martin Shadwick
76 Book Reviews
Future Unmanned
Combat Air Vehicles
(UCAVs) and the Ethics
of Responsibility
Canadian Military Journal/Revue militaire canadienne is the official professional journal of the Canadian Armed Forces and the Department of
National Defence. It is published quarterly under authority of the Minister of National Defence. Opinions expressed or implied in this publication are
those of the author, and do not necessarily represent the views of the Department of National Defence, the Canadian Armed Forces, Canadian Military
Journal, or any agency of the Government of Canada. Crown copyright is retained. Articles may be reproduced with permission of the Editor, on
condition that appropriate credit is given to Canadian Military Journal. Each issue of the Journal is published simultaneously in print and electronic
versions; it is available on the Internet at www.journal.forces.gc.ca.
ISSN 1492-465X
Editorial Advisor
Michael Boire
Text
“A Truly Global
Approach”: Oversight Committee
Opportunities Chairman
for Increased
Internationalization Rear-Admiral L. Cassivi, Commander, Canadian Defence Academy (CDA)
in Professional
Members
Military Education
Mr. David L. Bashow, Editor-in-Chief, Brigadier-General S. Bouchard, Commandant
Canadian Military Journal (CMJ) Royal Military College of Canada (RMC)
W
elcome to another frosty winter edition in the conflict. Exact numbers are impossible to determine, but
of the Canadian Military Journal, as we conventional estimates suggest that somewhere between 35,000
stand upon the threshold of entering our and 50,000 Canadians bore arms in the American Civil War, the
20th year in print. Time certainly does vast majority donning Union blue.”
fly by…
Just as the chosen subjects of our five major articles in this
Taking point this time out, Brigadier-General Marc Bilodeau, issue are quite eclectic, so are the topics addressed in our three
the Canadian Armed Forces Deputy Surgeon General, laments the opinion pieces. In the first, Chinook helicopter pilot Andrew
high release rate of well-trained Regular Force members, many of McNaughton defines and discusses the concept of parallel warfare
which are due to preventable illnesses or injuries. He maintains as it applies to conflicts with limited political aims. In his words:
that health and wellness is a shared responsibility between the “After defining the theoretical concepts, this article will analyze
member, the Canadian Forces Health Services Group, and the the promise of parallel warfare and strategic paralysis against three
military Chain of Command (CoC), with the leadership required limited operations that saw the decisive application of air power;
of the CoC being the most critical part of the equation. To that end, Desert Storm in Iraq, Allied Force in Kosovo, and Unified Protector
his article addresses the following questions: “Are CAF military over Libya.” Next, former infantry officer and current lawyer
commanders given the appropriate tools to effectively achieve their Michael Wickson discusses the legal implications and possible
responsibility for improving the health of their members? If not, consequences for Canadian Foreign Fighters who become involved
how can the organization better support its leaders? in foreign wars. In so doing, Wickson specifically homes in on
the case of Canadian Dillon Hillier’s experiences fighting ISIS in
Next, Major Mark Sandner, an air combat systems officer Kurdistan. Lastly in this section, Dr. Alan Okros, a former naval
who has worked extensively with remotely piloted aircraft (RPAs), officer and currently a Professor in the Royal Military College
explores the ethics of responsibility with respect to the usage of Department of Defence Studies, discusses the recent establishment
unmanned combat air vehicles, and how much machine autonomy of the Dallaire Centre of Excellence for Peace and Security, and
is both realistic and desired. Sandner posits that while there are the impact it will hopefully have with respect to addressing the
significant advantages yielded by this new technology, “…current issue of child soldiers, upon children and soldiers generally, and
technology is still in its infancy in terms of machine learning, and upon global peace and security, writ large.
there are still questions to be considered in terms of responsibility
and ethics when a machine makes decisions to kill autonomously.” Then, our own Martin Shadwick examines our recent federal
Then, with respect to Professional Military Education (PME), election in the Great White North, from the vantage point of both
Dr. Steven Paget of the University of Portsmouth, argues the Canada’s foreign and defence policies. Martin spends the bulk
essentiality of the scholarly pursuit of the profession of arms of the column capsulizing the stated defence policy priorities
in lockstep with the pursuit and mastering of the warrior skills of each of the contesting parties in the election. And while he
for today’s fighting men and women. Further, Paget asserts that applauds some relatively-recent initiatives, such as the Liberal’s
the internationalization of PME can generate highly-significant 2017 policy statement, Strong, Secure, Engaged, Martin also
dividends. “The prevalence of multinational operations means cautions: “…[it] needs to be revisited, and where appropriate,
that, although it may seem less pressing for militaries, interna- modified or enhanced in light of an even more challenging and less
tionalization is both necessary and beneficial.” predictable geo-strategic environment.” He also maintains that “…
questions will surround the timely availability of adequate capital
We have two very different articles offered in our military and other funding. The answers, as always, will reflect political
history section of this issue. First, historian and civil servant will, competing fiscal priorities, and the health of the economy,
Scott Miller, a native of Sudbury, Ontario, often referred to as but the minority government dynamic could raise new issues.”
the ‘Nickel Capital,’ based upon its historical association with
the metal, “…traces the evolution of the Canadian nickel industry Finally, we close with a pair of book reviews that hopefully
from relative obscurity to an essential wartime enterprise [during will pique the interest of our readership during the cold winter
the First World War. – Ed.].” He then highlights how this rise to months ahead, which appears to be a ‘lead pipe cinch,’ at least,
prominence influenced both domestic and international affairs according to the trusty Farmers’ Almanac…
from the late-1800s until the mid-1950s. Next, logistics officer and
American Civil War aficionado Major Geoff Tyrell chronicles the Until the next time.
little-known history of Canadian participation in that war between
1861 and 1865. In Tyrell’s words, “Despite Anglo-American ani- David L. Bashow
mosity, tens of thousands of Canadians crossed the border to fight Editor-in-Chief
Canadian Military Journal
Brigadier-General Marc Bilodeau is a Medical Officer who Leadership, beginning at the highest levels of the
currently serves as the Canadian Armed Forces’ Deputy Surgeon organization, is a vital force in influencing the health of CAF
General. He graduated from Université Laval in 1998 with a members. This article addresses the following questions: Are
Doctorate in Medicine, and from RMC in 2019 with a Master CAF military commanders given the appropriate tools to
of Public Administration. This manuscript is effectively achieve their responsibility for
inspired by an academic paper submitted on improving the health of their members?
27 May 2019 as a required assignment for the If not, how can the organization better
Canadian Forces College’s National Security “In addition to genetics support its leaders?
Programme. The author would like to acknowl- and social habits, health
edge Dr. Richard Goette, Dr. Robert Engen, The article argues that the health and the
is also influenced by
Colonel Dave Abboud, Commander Rob Briggs, operational readiness of CAF members could
and Major-General (ret’d) Daniel Gosselin the social determinants be enhanced if the CoC would be enabled
for their generous contributions in review- of health.” with the appropriate tools to do so. It will first
ing this manuscript and providing meaningful describe the concepts of individual health and
suggestions with respect to its content. institutional military readiness, exposing how
both concepts are inexorably linked to each
Introduction other. The shared responsibilities of the individual, the CF H Svcs
T
Gp, and the CoC for health in the CAF will then be presented.
he recent Canadian Armed Forces (CAF) Using the institutional analysis model,1 I will then establish the
refocus upon people highlights the importance institutional gaps in the existing CAF health governance structure
of human resources as the most crucial asset of that could explain the sub-optimal health trends within the CAF.
a military organization. Yet, more than a thou- Finally, I will propose a realistic and comprehensive way ahead
sand well-trained CAF Regular Force members that could reverse those trends, and improve the overall health
are released from the military in any given year, many of and operational readiness of the CAF.
them due to preventable illnesses or injuries. We have more
opportunities than we are taking advantage of to optimize Health and Readiness
the health and resiliency of CAF members and preserve this
precious asset. The health and wellness of CAF members is a
shared responsibility between the member, the Canadian Forces Defining health and readiness will expose the linkages
between the two concepts while explaining their
Health Services Group (CF H Svcs Gp), and the military chain importance in CAF’s recent increased focus on its people.
of command (CoC). The CoC is the most critical part of the
health and wellness equation.
nd
l
ra
Unemployment social habits, health is also influ-
itio
Work
ne
mmunity
d co
E q u i t y i n H e a l t h . S t o c k h o l m : I n s t i t u t e fo r Fu t u r e s S t u d i e s .
ns
ne
Ge
n tw
ala l lifestyl
Water and of health. These determinants
Education i a e fac have been adopted by the Public
du
sanitation
or
c ivi
So
Health Agency of Canada, and
ks
to
Ind are illustrated in Figure 1.4 The
rs
Health care
services concept of total health, described
Agriculture as “a dynamic state of wellbeing
and food characterized by a physical, men-
production
Housing tal and social potential,”5 has also
Age, sex and emerged over the last decades.
constitutional
factors In the Canadian military context,
health goes beyond the period of
service, and it is approached from
Figure 1: The Main Determinants of Health7
a lifelong perspective.6
H
the conditions at hand.”9 These two concepts are
influenced by many domains: medical, nutritional,
environmental, physical, social, spiritual, behav-
Enhanced ioural, and psychological, and are interdependent
Healthy Patient with the notion of health.10 Someone can be fit to
Population Experience achieve a task but still be unhealthy, which could
negatively impact their resilience. Conversely, a
E
disability for which an individual has been compen-
O sated does not mean that this person is unhealthy
or even unfit; many amputees are fully functional
and highly resilient.
Operational Resource
Excellence Stewardship Defining Readiness
As per the World Health Organization (WHO) constitution, The United States Military Health System was first to adopt
health is defined as “a state of complete physical, mental and social a framework, called the Quadruple Aim that identifies population
well-being and not merely the absence of disease or infirmity.”2 health as a critical component of medical readiness. This concept
The WHO considers health as a fundamental human right, and is defined as “ensuring that the total military force is medically
its constitution highlights governments’ responsibility for the ready to deploy.”13 The CF H Svcs Gp has recently adapted the
health of their people. The 1986 Ottawa Charter re-emphasized Quadruple Aim framework, conveying readiness as Operational
the importance of social well-being as a component of health, Excellence (Figure 2).
S u r g e o n G e n e r a l ’ s I n t e g r a t e d H e a l t h S t r a t e g y – 2 0 1 7 I n t e g r a t i o n f o r B e t t e r H e a l t h , N a t i o n a l D e fe n c e , p. 11
(presenteeism) exceeds the costs of direct medical
care.”18 In addition to absenteeism, this notion is
not insignificant for such issues as mental illnesses.
Individual Responsibility
50%
SOCIAL SAFETY NET
YOUR LIFE GENDER
EMPLOYMENT/WORKING CONDITIONS
RACE
ABORIGINAL STATUS
SAFE AND NUTRITIOUS FOOD
HOUSING/HOMELESSNESS
COMMUNITY BELONGING
25%
ACCESS TO HEALTH CARE
YOUR HEALTH CARE HEALTH CARE SYSTEM
WAIT TIMES
C a n a d i a n M e d i c a l A s s o c i a t i o n , 2 013
CF H Svcs Gp has favoured programs which prevent illness and Command Responsibility
injuries and promote healthy lifestyles.28 Strengthening the Forces
(StF) is a voluntary health promotion program delivered on CAF In his Guidance to Commanding Officers (CO) and their
bases and wings, focusing upon addiction, injury prevention, Leadership Teams, the CDS expressed: “The CAF must be fit
inactivity, and social wellness.29 This program is aligned with the to fight. COs and their leadership teams are responsible for the
principle that preventive health care is significantly more efficient promotion of health and fitness within their units.”35 He also
than curative health care. expects his leadership teams to be “…working closely with our
medical professionals to develop and maintain the climate of
Finally, the CAF has a legal obligation under the Canada trust and understanding required to support healthy lifestyles.”36
Labour Code (CLC) and the Canada Occupational Health and Command responsibility is central to ensuring fitness to fight,
Safety Regulations “…to ensure that the health and safety at work which depends highly upon health and fitness.
of every person employed by the employer is [sic] protected.”30
CAF leaders who exercise authority for their members are respon- The Guidance’s chapter on physical fitness explains that “…
sible and accountable for the implementation and enforcement of it is about cultivating and promoting a culture that values health
the CAF General Safety Standards.31 Chapter 34 of the Queen’s and wellness, and recognizes how this contributes to operational
Regulations and Orders (QR&O) states that “…the senior medi- readiness, resilience and the long-term health of our personnel and
cal officer at all levels of command is the responsible adviser their families.”37 It similarly addresses the mental health aspect
[sic] to the senior officer exercising the function of command of command responsibility.38 Finally, the document highlights
or executive authority on all matters pertaining to the health the importance of creating a climate of trust and confidence in
and physical efficiency of all personnel under his jurisdiction.”32 facilitating access to health services.
By extension, the Surgeon General, the top CAF physician, is,
therefore, the health advisor to the Chief of the Defence Staff The leadership team’s obligation regarding members’ health
(CDS). The QR&O also explicitly state that “…a commanding is also mentioned in several other doctrinal documents. The
officer is responsible for the whole of the organization and the QR&O define a specific role for the non-commissioned members
safety of the commanding officer’s base, unit or element.”33 The in promoting “…the welfare, efficiency and good discipline of all
CF H Svcs Gp supports CAF leadership in meeting these critical who are subordinate to the member.”39 Duty with Honour assigns
Force Health Protection functions, as a sub-component of Force to the profession of arms the responsibility to “…ensure the care
Protection which is “essential to operations—and, therefore, a and well-being of subordinates.”40 The Conceptual Foundations
clear responsibility of command.”34 of Leadership in the Canadian Forces identifies member well-being
NOTES
1. W. Richard Scott, Institutions and Organizations: 10. Sean Robson, Psychological Fitness and 17. Canadian Forces Health Services Group,
Ideas, Interests, and Identities, 4th Edition, Resilience: A Review of Relevant Constructs, “Surgeon General’s Integrated Health Strategy,”
(Los Angeles: SAGE, 2014). Measures, and Links to Well-Being, RAND pp. 4–5.
2. World Health Organization, “Constitution,” Project Air Force Series on Resiliency (Santa 18. Anthony P Tvaryanas et al., “The Commander’s
accessed 3 May 2019 at: <https://www.who.int/ Monica, CA: RAND Corporation, 2014), p. iv. Wellness Program: Assessing the Association
about/who-we-are/constitution>. 11. Jason Forrester, Michael O’Hanlon, and Micah between Health Measures and Physical Fitness
3. World Health Organization, “WHO | The Ottawa Zenko, “Measuring U.S. Military Readiness,” in Assessment Scores, Fitness Assessment
Charter for Health Promotion,” accessed 3 May National Security Studies Quarterly VII, No. 2 Exemptions, and Duration of Limited Duty,”
2019, at: <http://www.who.int/healthpromotion/ (Spring 2001), pp. 99–100. in Military Medicine Vol. 183, No. 9–10 (1
conferences/previous/ottawa/en/> 12. Robert J. Schneider and James A. Martin, September 2018) p. e612.
4. Public Health Agency of Canada, “Social “Military Families and Combat Readiness,” in 19. Canadian Forces Health Services Group, Surgeon
Determinants of Health and Health Inequalities,” Military Psychiatry Preparing in Peace for War, General’s Integrated Health Strategy – 2017
25 November 2001. Chapter 2, 1994, p. 20. Integration for Better Health, National Defence,
5. Johannes Bircher, “Towards a Dynamic Definition 13. Military Health System, MHS Quadruple Aim p. 11.
of Health and Disease,” in Medicine, Health Care (United States, 2013), at: <https://health.mil/ 20. Ibid.
and Philosophy, Vol. 8, No. 3 (November 2005), Reference-Center/Glossary-Terms/2013/04/09/ 21. National Defence, Duty with Honour: The
p. 335. MHS-Quadruple-Aim.> Profession of Arms in Canada, (Kingston, ON,
6. Canadian Forces Health Services Group, 14. Canadian Forces Health Services Group, Canadian Defence Academy, 2009), p. 14.
“Surgeon General’s Integrated Health Strategy,” Surgeon General’s Integrated Health Strategy – 22. Ibid., p. 29.
(National Defence, 2017), p. 2. 2017 Integration for Better Health, National 23. Canadian Forces Health Services Group, “Patient-
7. Dahlgren G., Whitehead M. (1991). Policies and Defence, p. 14. Partnered Care Framework,” 2018.
Strategies to Promote Social Equity in Health. 15. Gregory D. Powell, Daniel Dumitru, and Jeffery 24. Minister of Justice, “Canada Health Act”
Stockholm, Sweden: Institute for Futures Studies. J. Kennedy, “The Effect of Command Emphasis (Government of Canada, 12 December 2017).;
8. Oxford Dictionaries, “Definition of Resilience,” and Monthly Physical Training on Army Physical Chief of the Defence Staff, “CFJP 1.0 Military
Oxford Dictionaries | English, accessed 3 May Fitness Scores in a National Guard Unit,” in Personnel Management Doctrine,” Canadian
2019, at:<https://en.oxforddictionaries.com/ Military Medicine, Vol. 158, No. 5 (1 May 1993), Forces Joint Publication (Government of Canada,
definition/resilience.> p. 296. June 2008), pp. 2–3.
9. Michael Mullen, “On Total Force Fitness in War 16. North Atlantic Treaty Organization, “Field 25. Minister of Justice, “National Defence Act,” (Ottawa:
and Peace,” in Military Medicine, Vol. 175, No. Hygiene and Sanitation,” Standards Related Government of Canada, 18 December 2018).
8:1 (2010), p. 1. Document (NATO Standardization Office, July 26. National Defence, “Surgeon General’s Report
2018), pp. 1-1,1-2. 2014,” 2014, p. 4.
27. Canadian Medical Association, 2013.
The X-45 Unmanned Combat Air Vehicle technology demonstrator that is eventually intended to fly high-risk air combat missions.
Major Mark Sandner is an Air Combat Systems Officer Captain Michael Byrnes, also of the USAF, who in his article
currently posted to VX-1 Air Test and Evaluation Squadron at “Nightfall: Machine Autonomy in Air-to-Air Combat,” argues
Naval Air Station Pax River, in Maryland, USA. He recently that a fully- autonomous unmanned aircraft will bring new
completed the RCAF Aerospace Studies Program at the RCAF unparalleled lethality to the air-to-air combat world.1
William Barker V.C. College at 17 Wing, Winnipeg, and has
worked extensively with remotely piloted aircraft (RPAs) in the Although the authors of both articles agree that the future of
past while posted to Australia from 2015–2017. air power lies in autonomous UCAVs taking centre stage, Byrnes
goes slightly further in stating that the technical and performance
Introduction aspects of UCAVs will inevitably lead to a UCAV-dominant air
I
environment. Helms and Helms, by contrast, argue that manned
n the article “The Swarm, The Cloud, and the supervision will most likely always be required, and the degree
Importance of Getting There First,” Major Blair of autonomy that should be given to UCAVs will benefit greatly
Helms and Captain Nick Helms of the United States from having manned supervision. In a purely air-to-air combat
Air Force (USAF) push for a manned-unmanned scenario, where the UCAV will primarily be used, I argue that
synergy of operations that allows technology and the realistic view of the future of air combat is unmanned, due to
automation to amplify what is currently possible in the world the rapidly-increasing developments in technology, as well as the
of remotely piloted air power. They argue that the limiting pure economics of fielding an air force of unmanned aircraft. And
factor for achieving true operational fusion is cultural, not yet, current technology is still in its infancy in terms of machine
technological. Once the cultural acceptance of remotely-piloted learning, and there are still questions to be considered in terms
aircraft (RPAs) and unmanned combat aerial vehicles (UCAVs) of responsibility and ethics when a machine makes decisions to
catches up with the technology, then true breakthroughs in kill autonomously.
capability can be realized. Semi-contrasting this belief is
R PAs and UCAVs have evolved considerably over the complexity of the machine logic required to make combat decisions
past one hundred years. The first unmanned aircraft was as well as a pilot with years of training and experience. USAF
flown in 1916, less than fifteen years after the Wright brother’s fighter pilot training is, according to Major Kreuzer of the USAF,
historic flight.2 The Hewitt-Sperry Airplane, named after the “largely an algorithmic function.”4 Junior pilots learn the basics of
two inventors, was a project funded by the air combat first: manoeuvres straight from the
United States Navy (USN). Evolution from textbook designed to instill a form of muscle
the Hewitt-Sperry Airplane has spawned “Current technologies memory in pilots when certain circumstances
a diverse range of modern RPAs, leading occur in the air. This gives junior pilots the
for UCAVs, although
to the first trans-Pacific UAS flight that intuition in the air that is such an advantage for
occurred in 2001,3 performed by a USAF greatly advanced in the an experienced air force. As pilots gain more
Global Hawk from Edwards Air Force last ten years, are still in experience and training, the wisdom of being in
Base, USA to Royal Australian Air Force the aviation world comes into play, and pilots
their infancy in terms of
Base Edinburgh, Australia. The flight dem- develop an advanced knowledge of air-to-air
onstrated an RPA capability to fly for an full automation and combat that one cannot truly learn in a book;
extended period at high altitude without machine learning.” the knowledge that comes from hundreds of
ground radar coverage, autonomously. The hours of mastering a craft, when the basics
Global Hawk flight was a milestone for of flight have become second-nature, and the
unmanned aircraft, and was a precursor of what the future held mind can concentrate on higher-order demands. The tactics and
for the unmanned aerial systems (UAS) industry. Since that experience that a fighter pilot develops over the many years of
flight, leaps in technology have allowed for greater autonomy scenarios in which one may find themselves would be something
for RPAs and UCAVs. However, true breakthroughs are that any form of artificial intelligence (AI) would have to master
not yet present with respect to UCAVs replacing manned in order to truly be considered more worthwhile than having a
fighter aircraft. manned aircraft in the air.
Current technologies for UCAVs, although greatly advanced In their current state, UCAVs are only now being certified for
in the last ten years, are still in their infancy in terms of full flight outside military controlled airspace, meaning autonomous
automation and machine learning. To date, there does not exist flight where the aircraft itself is responsible for safety-of-flight
DV I D S / U. S . A i r Fo r c e p h o t o / 5 5 176 2 4
An RQ-4 Global Hawk unmanned surveillance and reconnaissance aircraft flying over Patuxent River, Maryland.
such attacks, given the direction of the evolving technology. No cheap-but-effective landmine, to the complex technology of a
machine is completely jam-resistant, which can be a problem Phalanx close-in-weapon-system, humans have constantly been
when that machine is expected to make decisions regarding life looking for ways to increase security by offloading some duties
and death. If an enemy were to jam a friendly UCAV, that UCAV to machines and equipment. An automated weapon means that it
could begin to make erroneous decisions with respect to who is capable of acting independently of immediate human control,
is friendly, who is an enemy, and who is a something of a fire-and-forget system. Weapons
civilian. The link between the UCAV and its such as this have been used for many years and
human operator is also at risk, and the sever- do not raise any ethical questions beyond that
“Responsibility for a
ing of such a link would cause the UCAV to of traditional long range weapons.8 In 2012,
operate on pre-programmed settings. Errors weapon lies with the Human Rights Watch, a group that “regularly
such as this could have vast repercussions, not officer or official in addresses the issue of robotics and warfare,”9
just at the tactical level, but also strategically examined the difference between an automatic
charge, be they the
and politically. Strategically, UCAV assets weapon, and an autonomous machine, such
could not be seen as reliable, and might be aircraft captain in as a UCAV. The group found there was an
removed from the battlefield entirely until relation to an aircraft, or acceptable distinction between autonomous
either the electronic warfare (EW) threat is weapons that were human-supervised, and
a base commander if it
removed, or the UCAV can be proven to be automated weapons. Given this finding, UCAV
making the correct decisions. Until that point, is a stationary weapon.” find themselves in less questionable territory
friendly units would face a serious detriment in in terms of ethics, as long as there is a certain
terms of air support. Politically, a country with level of human control in place. The human
easily-jammable UCAVs would be more of a liability than an asset. element becomes important, not only in terms of the ethics of
This could have repercussions in terms of where allies will want machine killing, but of who is responsible for a UCAV taking a life.
the country to operate, and which operations the country would
not be allowed to mount, due to national security considerations. Responsibility for a weapon lies with the officer or official
in charge, be they the aircraft captain in relation to an aircraft, or
Giving tactical autonomy to a UCAV brings about another a base commander if it is a stationary weapon. This responsibility
set of questions regarding the ethics of permitting a machine is fed back to the state to which the individual belongs, and is tied
to make a decision to kill or to cause harm. Autonomous to the laws that govern warfare for allied states. If states were to
machines being given the ability to kill is nothing new. From the use UCAVs in a killing role, the responsibility for those weapons
Wreckage of a car destroyed by a US drone air strike that targeted al Qaeda militants in August 2012 in al-Qatn, Yemen.
and the decisions of the autonomous systems still needs to fall The Programmer
upon the parent state.10 This is an important specific requirement
for state users of UCAVs, because it will stop states from shirk- Sparrow posits that it could be easy to blame the person who
ing responsibility when a UCAV fires a weapon at the wrong designed or programmed the UCAV’s decision-making algorithm,
target. An example of this would be if a UCAV fired a weapon at since they are the ones that incorrectly designed the system. He
a target and unintended civilians were hit. It would be a legally then argues that this is not the case for two reasons: the possibil-
grey area regarding the state responsibility, and thus, specificity ity that the UCAV may attack wrong targets could be a known
in this area will become extremely important. Another example limitation of the UCAV (it was designed with these limitations,
would be if a UCAV fired a weapon when it was not supposed to and they were not an oversight), or the possibility that the UCAV
do so, based upon an error in an algorithm, or upon its machine made a choice other than that programmed or predicted, due to
learning. This would present a difficult situation in deciding just its autonomous, machine learning nature.11 The fact that in this
who is responsible for the accidental deaths, since the officer in case, the UCAV made a choice autonomously proves that the
charge did not intend upon firing the weapon, and the UCAV did choice was not an original design, which would prove that it is
it autonomously. truly autonomous. It would not be feasible that the programmer
would be at fault for designing a system that makes its own deci-
Robert Sparrow is an Adjunct Professor in the Centre for sions, even if sometimes those decisions are erroneous, for that
Human Bioethics at Australia’s Monash University, where he works was the stated requirement at the outset.
on ethical issues raised by new technologies. A leading authority
in the field, his book, “Killer Robots,” provides some interesting The Commanding Officer
discussion regarding who should be held responsible for possible
war crimes in a situation that involves a UCAV making incorrect Sparrow states that the argument for the commanding offi-
decisions with respect to taking lives. cer to have responsibility for UCAV decisions lies in the fact
that traditionally, “…the officer who ordered the deployment
An MQ-9 Reaper flies a training mission over the Nevada Test and Training Range, 15 July 2019.
Major Bishane, a 432nd Aircraft Maintenance Squadron MQ-9 Reaper pilot, controls an aircraft from Creech Air Force Base, Nevada, 6 May 2015.
accountable or rewarded as appropriate.14 This is a requirement, systems leading to less human labour requirements, and the abil-
not just in accordance with the laws of armed conflict, but for the ity to field more assets simultaneously. If autonomous UCAVs
public to provide support for the use of such weapons. Admittedly, develop past a certain technological milestone, manned operators
this is not the perfect solution. The fact that a human being could or supervisors could very well be either the weak-point, or simply
be responsible for the actions of a UCAV that he or she did not serve as a disadvantage in conflict.15 If enemy states develop the
personally order is unjust, and it sparks other moral discussions. same technology, the ability to have autonomous machines make
However, in comparison to the other options, it presents the most split-second decisions would be of even more importance, and
feasible alternative until technology provides the ‘human behind the screen’ would be even
more effective options. more of a liability. Requiring a communica-
“Requiring human tion link with a manned operator would also
Requiring human operators and officers continue to serve as a weakness or challenge
to be responsible, and to approve all decisions operators and officers to in future autonomous UCAV operations. The
made by UCAVs, will appease most critics of be responsible, and to ideal situation would be to leave the UCAV to
current UCAV operations. The problem in the approve all decisions make its own decisions, regardless of whether
future, however, is when technology reaches a a human is supervising it or not. This would
point where machines are able to make deci- made by UCAVs, will negate the need for a constant satellite link,
sions on life and death, due to the fact that they appease most critics of and it would shore up a known weakness or
simply have more information than the human current UCAV limitations of UCAVs.
supervisor. The advantage of having a fully-
autonomous UCAV will not be fully realized operations.” To keep a human in a future unmanned
if that capability cannot be fully exercised. system is also a weakness for other, less-visible
There would be no point to developing the reasons. While the psychological stressors on
technology if a military did not intend to use it to its full potential. operators of UCAVs and other unmanned systems has become
If resources were heavily invested in developing fully-autonomous a talking point with various users of the technology throughout
UCAVs, there would be immense political and military pressures the world, the main research on this subject has been in the
to use them as intended. The advantages of having autonomous USA. Studies conducted by the United States Air Force School
UCAVs would be clear upon first use; quicker decision making, of Aerospace Medicine (USAFSAM) have produced interest-
possible savings in human life, less supervision for automated ing results regarding the mental health of prolonged operations
It is unknown at this
time whether taking the
human completely out of
UCAV operations is the best
course of action for future
autonomous flight. Filtering
war down to reports of con-
PJF Militar y Collection/Alamy Stock Photo/HE94PM
1st Lieutenant Murphy, a 7th Reconnaissance Squadron RQ-4 Global Hawk pilot, reviews pre-flight checklists, 24 October 2018, at Naval Air Station
Sigonella, Italy.
NOTES
1 Captain Michael W. Byrnes, “Machine Autonomy Sense-and-Avoid in the CNS+A Context: A doi.org/10.1111/j.1468-5930.2007.00346, p. 69.
in Air-to-Air Combat,” 2014, p. 49. Unified Methodology,” in 2016 International 12 Sparrow, pp. 169–187, at: https://doi.org/10.1007/
2 Kimon P. Valavanis, and George J. Vachtsevanos, Conference on Unmanned Aircraft Systems s11948-008-9107-0 , p. 70
(eds.), Handbook of Unmanned Aerial Vehicles. (ICUAS), pp. 531–539, 2016, at: https:/doi. 13 Ibid, p. 71.
Dordrecht, Netherlands: Springer, 2015, at: org/10.1109/ICUAS.2016.7502676, p. 532. 14 Ibid, p. 74.
https://doi.org/10.1007/978-90-481-9707-1, p. 60. 6 Kreuzer, p. 51. 15 Ibid, p. 68.
3 “Global Hawk Unmanned Reconnaissance 7 Ibid, p. 57. 16 Wayne L. Chappelle, Kent D. McDonald,
System Sets Aviation Record with Deployment 8 Robert Sparrow, “Building a Better WarBot: Lillian Prince, Tanya Goodman, Bobbie N. Ray-
to Australia.” Northrop Grumman Newsroom. Ethical Issues in the Design of Unmanned Sannerud, and William Thompson. “Symptoms
Accessed 15 January 2018 at: https://news. Systems for Military Applications.” in Science of Psychological Distress and Post-Traumatic
northropgrumman.com/news/releases/global- and Engineering Ethics 15, No. 2 (June 2009), Stress Disorder in United States Air Force
hawk-unmanned-reconnaissance-system-sets- pp. 169–187 at: https://doi.org/10.1007/s11948- ‘Drone’ Operators.” in Military Medicine 179,
aviation-record-with-deployment-to-australia. 008-9107-0, p. 65. No. 8S (August 2014), pp. 63–70, at: https://doi.
4 Major Michael Kreuzer, “Nightfall and the 9 Kreuzer, p. 65. org/10.7205/MILMED-D-13-00501, p. 67
Cloud,” n.d., p. 59. 10 Ibid, p. 64. 17 Ibid, p. 10.
5 S. Ramasamy, R. Sabatini, and A. Gardi. 11 “Killer Robots.” Journal of Applied Philosophy
“Cooperative and Non-Cooperative 24, No. 1 (February 2007), pp. 62–77 at: https://
Admiral James Stavridis, NATO Supreme Allied Commander Europe, speaks to a group of students, professors and guests at the Kellogg School of
Management, Northwestern University, 18 May 2012.
Dr. Steven Paget is a Principal Lecturer at the University line of demarcation between the fighting man and the thinking
of Portsmouth. Prior to that, he was a Lecturer in Strategy and man is liable to find its fighting done by fools and its thinking
Operations at the New Zealand Defence Force (NZDF) Command done by cowards.”1 More recently, and perhaps more gener-
and Staff College, and an NZDF Teaching Fellow at the Centre ously, the American four-star Admiral James Stavridis, who
for Defence and Security Studies, Massey University. He has also was, until recently, Dean of the Fletcher School of Law and
taught at the Australian National University, and the University Diplomacy at Tufts University, argued: “As military men and
of Canberra. women, ours is the profession of arms. But it’s also a scholarly
pursuit…The scholar and the warrior are thus inseparable—one
Background and the same.”2 Professional military education (PME) is a
E
vital aspect of the “conceptual component” of military power
ducation is an essential aspect of the development and its potential must be harnessed.3 The importance of PME
of military personnel, alongside training and prompted Lieutenant General Michael Hood, then-Commander
experience. The notion that militaries produce Royal Canadian Air Force, to emphasize that there is “…a
automatons that follow a formulaic approach is an requirement to continually review the training and education
anachronism at best. It has long been understood we give to all ranks to ensure that it is configured to deliver
that the ability to think critically is a vital skill for military what we need within the contemporary environment.”4 Indeed,
personnel. Lieutenant-General Sir William Francis Butler, the all aspects of PM—both formal and informa—are worthy of
Irish 19th Century British Army officer, writer and adventurer review on a rolling basis.
wrote famously: “The nation that will insist on drawing a broad
have tended to focus on technological issues, the conceptual There is no reason why an analogous course/module sharing
elements are at least as important. initiative could not be established by PME institutions. Lectures
could be delivered in a synchronous (live via video teleconferenc-
This article will examine a number of potential options to ing) or asynchronous (pre-recorded) format.15 Either format would
further internationalize PME and, consequently, improve mul- afford an opportunity for networked seminar discussions involving
tinational interoperability, including an expansion of current multinational participants following the lecture. Internationalized
international PME exchanges, using technology to create a net- on-line courses could be provided to broader or restricted groups
worked international learning environment and the establishment of institutions based upon the desirability and suitability of sharing
of writing contests that accompany major exercises. Increasing the material. For example, it may be deemed prudent for particular
internationalization within PME would be both feasible and ben- classes or courses to be restricted to established relationships,
eficial. The civilian university sector offers a number of valuable such as NATO or the Five Eyes network. Entire programs or
precedents that could be embraced by the military, albeit in an degrees would not need to be standardized, but it may be ben-
amended fashion. Internationalization of both formal and informal eficial for certain topics, such as multinational operations, to
PME has the potential, ultimately, to produce better informed be considered from a range of perspectives. Any such initiative
personnel and improve multinational interoperability. would not be without cost, as it would need to be underpinned
by highly-qualified teaching staff with a sound understanding of
It’s a Small World and Getting Smaller the pedagogy of distance learning, but it would bring a number
of benefits, including generating diplomatic capital. Networked
guished sociologist and policy advisor, has and extensive.” tematic exchange of staff at PME institutions
argued that interaction between multinational could contribute to breaking down cultural
personnel can “make a big difference” in inval- barriers and increasing understanding between
idating hostile feelings and building bridges.22 nations. That idea is not new to PME institutions, as demonstrated
by the engagement of Royal Navy officers as faculty on exchange at
Smaller nations can obtain a better appreciation of the culture the US Naval War College, and the establishment of visiting chairs
and approach of likely multinational partners through PME, while at the US war colleges. There is scope, however, to expand both
larger nations that are likely to lead coalitions are provided with international inclusivity and the scale of exchanges, particularly in
an indication of the viewpoints, skills and limitations of potential relation to civilian staff.
contests that tackle issues of the author’s choosing that are relevant Conclusion
to the particular exercise have great potential. By incentivizing
participation through professional recognition, essay competitions
offer an opportunity to develop the writing skills of personnel.
It would also help to generate multinational thinking on issues
I nternationalization has already begun to shape the PME
environment, but there are opportunities for it to be
embraced more fully. The exchange of PME staff offers the
of relevance, as well as encourage a multinational mind-set. same benefits as military personnel, but it potentially has
Former US military strategist, now the Director of the Business greater reach due to the capacity of educators to access entire
and Organizational Leadership at the Kansas University School student cohorts. Nevertheless, technological developments
of Business, Steve Leonard, has pointed out that “writing can mean that the physical movement of people is not a necessary
influence change,” and the generation of differing viewpoints from precursor to making PME more multinational. The rise of
personnel of varying ranks and from diverse countries can only MOOCs is a clear demonstration of the potential of technology
be beneficial.33 Furthermore, essay competitions that are opened to network a global educational environment. Essay contests
to entrants from all participating nations would have inherent attached to major multinational exercises would incentivize
diplomatic value. The ongoing debate about balancing training continuing professional development and encourage thinking
and education will inevitably continue, but there is the potential across cultural boundaries. Existing precedents could be built
to combine both in some areas. In merging the education and upon and tailored to the PME environment to suit contemporary
training elements of personal and organizational development, military needs.
writing competitions based around multinational endeavours
would offer an opportunity to exercise both the body and the Internationalization endeavours are not about “absolutes
mind in a practical setting. and forced homogenization,” as it must be recognized that each
PME institution is different from another—whether domestically
or internationally.34 Internationalization endeavours are intended
NOTES
1 James Toner, True Faith and Allegiance: The Internationalization,” in Naval War College 24 Steven Paget, “‘Interoperability of the Mind’:
Burden of Military Ethics (Lexington: University Review, 70:4 (Autumn 2017), p. 2. Professional Military Education and the
Press of Kentucky, 1995), p. 134. 11 Frank Broeze, “The Royal Australian Navy in Development of Interoperability,” in The RUSI
2 Admiral James Stavridis, “Let Us Dare,” in World War II: A Summary,” in David Stevens Journal, 161:4 (September 2016), p. 48.
Australian Defence Force Journal, 181 (2010), p.72. (ed.), The Royal Australian Navy in World War II 25 Carol Atkinson, Military Soft Power: Public
3 Development, Concepts and Doctrine Centre, (Sydney: Allen & Unwin, 1996), p. 185. Diplomacy through Military Educational
Joint Doctrine Publication 0-30: UK Air and 12 Carol Atkinson, “Global Networks, Soft Power Exchanges (Lanham, MD: Rowman and
Space Power (Shrivenham UK: Ministry of and the US Military,” in Ludovic Tournès and Littlefield, 2014), p. 103.
Defence, 2017), pp. 2-5. Giles Scott-Smith (eds.), Global Exchanges: 26 Bureau of Educational and Cultural Affairs,
4 Dr Brad Gladman et al., “Airpower Mastery Scholarships and Transnational Circulations in “Senator Fulbright on International Exchange:
and the Royal Canadian Air Force: Rethinking the Modern World (New York: Berghahn Books, Selected Quotations by J. William Fulbright on
Airpower Education and Professional 2018), p. 262. International Educational Exchange,” at https://
Development,” in Royal Canadian Air Force 13 Brian K. Payne, “It’s a Small World, but I Wouldn’t eca.state.gov/fulbright/about-fulbright/history/j-
Journal, 5:1 (Winter 2016), p. 9. Want to Paint it: Learning from Denmark’s william-fulbright/j-william-fulbright-quotes.
5 Tammy S. Schultz, “The Road Less Travelled: Experience with Electronic Monitoring,” in Accessed 25 July 2018.
Both Sides are Right about Professional Military Criminology & Public Policy, 13:3 (2014), p. 381. 27 Frank Ledwidge, Losing Small Wars: British
Education,” in War on the Rocks, 30 July 2018, at 14 “About edX,” undated, at https://www.edx.org/ Military Failure in the 9/11 Wars (New Haven,
https://warontherocks.com/2018/07/approaching- about-us. Accessed 25 July 2018. CT: Yale University Press, 2017), p. 12. Notably,
a-fork-in-the-road-professional-education-and- 15 Marigee Bacolod and Latika Chaudhary, the US Army War College took the oppor-
military-learning/. Accessed 9 August 2018. “Distance to Promotion: Evidence from Military tunity to obtain the insights of Dr. Jennifer
6 For examples of the discussion about the utility of Graduate Education,” in Contemporary Economic Mittelstadt (Rutgers University) on the role of
PME, see: David Morgan-Owen, “Approaching Policy, (2018), p.3. civilians within PME during her time as the
a Fork in the Road: Professional Education and 16 “Cove Talks,” The Cove, undated, at https:// Harold K. Johnson Chair in Military History.
Military Learning,” in War on the Rocks, 25 www.cove.org.au/category/unit-pme/covetalks/. Jennifer Mittelstadt, “Too Much War, Not Enough
July 2018, at https://warontherocks.com/2018/07/ Accessed 22 July 2018. College,” in War Room, 20 June 2018, at https://
approaching-a-fork-in-the-road-professional-edu- 17 Ralph Peters, “Learning to Lose,” in The warroom.armywarcollege.edu/articles/too-much-
cation-and-military-learning/. Accessed 25 July American Interest, 2:6, 1 July 2007, at http:// war-not-enough-college/. Accessed 25 July 2018.
2018. Paula Thornhill, “To Produce Strategists, www.the-american-interest.com/2007/07/01/ 28 Harald Bauder, Charity-Ann Hannan and Omar
Focus on Staffing Senior Leaders,” in War on the learning-to-lose/. Accessed 26 July 2018. Lujan, “International Experience in the Academic
Rocks, 20 July 2018, at https://warontherocks. 18 Murray Vaughan Simons, “Holistic Professional Field: Knowledge Production, Symbolic Capital,
com/2018/07/to-produce-strategists-focus-on- Military Development: Growing Strategic and Mobility Fetishism,” in Population, Space
staffing-senior-leaders/. Accessed 25 July 2018. Artists,” Ph.D Thesis, Massey University, 2009, and Place, (2017), p. 1.
Douglas Orsi, “Professional Military Education p. 227. 29 Major Hassan Kamara, “Writing: A Way to
and Broadening Assignments: A Model for the 19 For an explanation of this divide, see: John R. Maximize Returns on the Army’s Investments
Future,” JFQ, 86 (3rd Quarter 2017), pp. 41-48; Schindler and Joan Johnson-Freese, “‘Civilian’ in Education,” in Military Review, (January-
Rhonda Keister, Robert Slanger, Matthew Bain, Faculty in Professional Military Education: February 2017), p. 120.
and David Pavlik, “Joint PME Closing the Gap Just what does that Mean?,” in Foreign 30 Emmet James McElhatton, “Professional Reading
for Junior Officers,” in JFQ, 74 (3rd Quarter Policy, 3 October 2013, at http://foreignpolicy. and the Education of Military Leaders,” Ph. D
2014), pp. 65-71. com/2013/10/03/civilian-faculty-in-professional- Thesis, Victoria, NZ, University of Wellington,
7 Hilary E. Kahn and Melanie Agnew, “Global military-education-just-what-does-that-mean/. 2014, p. 274.
Learning through Difference: Considerations for Accessed 26 July 2018. 31 Geoffrey Ingersoll, “General James ‘Mad Dog’
Teaching, Learning, and the Internationalization 20 Air Vice-Marshal Brian Burridge, “Post-Modern Mattis Email About Being ‘Too Busy to Read’ is
of Higher Education,” in Journal of Studies in Military Education: Are We Meeting the a Must-Read,” in Business Insider, 9 May 2010,
International Education, 21:1 (2017), p. 52. Challenge?,” in Defence Studies, 1:1 (2001), pp. at http://www.businessinsider.com/viral-james-
8 Philip G. Altbach and Jane Knight, “The xvii-xviii. mattis-email-reading-marines-2013-5?IR=T.
Internationalization of Higher Education: 21 Allison Abbe and Stanley M. Halpin, “The Accessed 3 August 2018.
Motivations and Realities,” in Journal of Studies Cultural Imperative for Professional Military 32 Captain Andrew Hastie, “PowerPoint Does Not
in International Education, 11:3/4 (Fall/Winter Education and Leader Development,” in Become Us: In Search of a New Teaching Method
2007), p. 290. Parameters, (Winter 2009-2010), p. 27. in Junior Officer Education,” in Australian
9 Sonal Minocha, Chris Shiel & Dean Hristov, 22 Charles Moskos, International Military Education Defence Force Journal, 181 (2010), p. 37.
“International Academic Staff in UK Higher and Multinational Military Cooperation 33 Steve Leonard, “Four Little Words: Why I
Education: Campus Internationalisation and (Alexandria, VA: US Army Research Institute for Write,” in Wavell Room, 24 July 2018, at https://
Innovation in Academic Practice,” in Journal of the Behavioral and Social Sciences, 2004), p. 2. wavellroom.com/2018/07/24/why-i-write/.
Further and Higher Education, (2018), pp. 1-2. 23 Erik Hedlund, “A Generic Pedagogic Model Accessed 25 July 2018.
10 These initiatives include the involvement of for Academically Based Professional Officer 34 Schultz, “The Road Less Travelled.”
international personnel in the Naval Command Education,” in Armed Forces & Society, (2018), 35 Kahn and Agnew, “Global Learning through
College, Naval Staff College and Combined p. 13. Difference,” p. 53.
Force Maritime Component Commander Flag
Course. Rear Admiral Jeffrey A. Harley, “On
Scott Miller is a civil servant and historian from Sudbury, mineral and mining sectors.2 The following article attempts
Ontario. He completed his MA in History at Laurentian University. to address, albeit briefly, this gap in the historical literature.
Scott’s work has been published by the Canadian Historical Review, More specifically, it traces the evolution of the Canadian nickel
and by the Forest History Society of Ontario. industry from relative obscurity to an essential wartime enter-
prise, and highlights how it, in turn, influenced domestic and
Introduction international affairs from the late-19th-to-mid-20th Centuries.
L
ocated in the heart of northeastern Ontario, the Birth of an Industry: Canadian Nickel and the
city of Sudbury is often referred to as the ‘Nickel United States Navy, 1883–1898
Capital’ for its historic relationship with this
particular metal. Indeed, by the eve of the First
World War, it had become the world’s leading
producer of nickel, and by 1950, its share of the global supply
T he discovery of Sudbury’s wealth of nickel initially
aroused feelings of uncertainty, rather than excitement.
The town itself began in 1883 as merely a camp for workers
peaked at 95 percent.1 Also known as ‘devil copper,’ worldwide who were building the Canadian Pacific Railway, but within
demand for nickel remained strong throughout much of the a few short years, it was realized that the area possessed
20th Century, largely as a result of its far-reaching military valuable copper ore bodies. By January 1886, Sudbury’s first
applications. While the citizens of Sudbury are generally well mining firm, the Canadian Copper Company (CCC), had
aware of this mining legacy, others may not be as familiar been formed by Ohio businessman Samuel J. Ritchie. Within
with the significance of nickel in Canadian political and mili- a matter of months, however, the nature of the situation had
tary history. This is hardly surprising. As renowned historian changed entirely. A substantial amount of nickel was found
J.L. Granatstein once asserted, there is a lack of “…serious in the copper ores taken from Sudbury’s mines, a realization
scholarship on Canada’s industrial [war effort],” including its that was problematic for two main reasons. First, there was
Map of Sudbury’s nickel-copper area (1917), Ontario, Canada, showing the location of the mines. The outlines of the norite-micropegmatite are also indicated.
virtually no demand for nickel at the time. Second, the standard By 1889, Ritchie had communicated this revelation to General
refining process could not effectively separate nickel from Benjamin F. Tracy, Secretary of the USN, who was immediately
copper ore bodies. For the time being, the situation looked intrigued. That summer, Ritchie, accompanied by former Prime
bleak for the CCC.3 Minister Sir Charles Tupper, then the Canadian High Commissioner
in London, and Lieutenant B.H. Buckingham of the USN, trav-
Ritchie managed to find a solution to both of these problems elled to Europe to study the utility of nickel-steel as a strategic
by using his connections within the United States Navy (USN). war metal. Following their return, the American government
The only known method for separating nickel-copper ores was conducted test trials comparing nickel-steel versus plain steel
held in secrecy by the Orford Copper Company armour. The results were ground-breaking;
in New Jersey, an organization headed by nickel-steel was deemed far superior to its
senior Navy officer Robert M. Thompson. “The United States’ traditional counterpart. As Ritchie himself
Ritchie successfully orchestrated a deal with recounted: “Tracy, by this Government test,
Thompson whereby the CCC would ship its nickel-plated warships sent all the common steel armour plate to the
product to New Jersey to be refined.4 With were put to their first junk heap, and completely revolutionized the
this technical issue solved, Ritchie turned his major test in the offensive and defensive efficiency of the navies
attention toward the market itself. Upon the of the world.” The United States government
discovery of Sudbury’s nickel deposits, he Spanish-American War promptly committed a sum of $1,000,000 to
immediately recalled having personally wit- of 1898.” purchase nickel from Sudbury to construct
nessed an experiment conducted in Washington nickel-steel armour for its Navy.6 This marked
in 1876, which apparently demonstrated the the beginning of a massive modernization pro-
incredible durability of nickel-steel alloys. Ritchie claimed that gram for the USN, which had been rather stagnant since the Civil
it “…occurred to me that nickel could be used with success in War. Over the next fifteen years, the United States embarked upon
the manufacture of guns and for many other purposes as an alloy a shipbuilding spree which culminated in a fresh fleet of twenty
with iron and steel.”5 battleships, twenty coastal defence vessels, and sixty cruisers.7
1901–1939
vehicles to home appliances, allowed the international nickel insightfully pronounced: “Modern war is a war of metals
market to remain relatively solid during this period, and remark- as much as of men, and with the outbreak of the present
ably so in the wake of the Great Depression.28 Furthermore, the conflict last September, it was not surprising prospectors across
Canadian government found that nickel could still serve as a the Dominion foresaw an immediate demand and renewed
point of contention in political and diplomatic search for minerals of strategic impor-
matters, even when the nation was not at war. tance in waging today’s kind of war.” 30
In 1934, Parliament introduced legislation to “Nickel continued With vast stores of nickel that had a com-
ban the export of nickel for “war purposes,” bined market share of nearly 90 percent,
but the bill never passed because there was to have an impact INCO and Falconbridge soon found them-
concern it might offend the interests of the upon Canada’s military selves under great pressure to provide this
industry. When Italy invaded Ethiopia the fol- and political military necessity.31
lowing year, the government of Canada faced
internal and international pressure to levy landscape during the Canada’s politicians and its mining
economic sanctions against Italy, Japan, and inter-war years.” industrialists forged a tight-knit relationship
Hitler’s Germany. It ultimately refused to do so, throughout the war. Gleaning from the lessons
citing already high unemployment rates as the of the Great War, the federal government made a
main reason why it did not want to decrease the country’s nickel concerted effort to oversee the economic allocation of the nation’s
exports.29 The Canadian government would seriously reconsider resources during the Second World War, which included nickel.
its position on nickel exports just five years later, when another The Government of Canada exercised strict control over this
record-setting war broke out in Europe. strategic war metal and the companies that cultivated it, largely
in order to limit the supply available to the Axis powers. It also
Coming of Age: Canada’s Nickel Industry Reaches helped INCO address its labour shortage, leading to the creation
its Peak, 1939–1970 of 5,000 new jobs at the company between December 1939 and
April 1944.32 In return, INCO, as well as Falconbridge, undertook
T he military needs of the Second World War led to another costly expansion programs to meet pressing wartime require-
boom in armament manufacturing and subsequent soar- ments, and fully cooperated with the Canadian and American
ing demand for nickel. In August 1940, The Sudbury Star authorities in all aspects of policy. In fact, it has been suggested
and Germany, drawn together by a mutual desire to defeat Russia, The two decades immediately following the Second World
had signed a nickel agreement, leading to the German occupationWar witnessed the final phase of the Canadian nickel industry’s
of Petsamo.41 golden age. The policies of the United States government were
once again a crucial factor in this prosperity.
The Petsamo affair and its aftermath is American defence officials believed nickel was
noteworthy for a number of reasons. First, “The two decades “the world’s most critical material,” leading the
on 8 October 1944, the Soviet Union was country to spend $789 million between 1950
granted title to INCO’s Petsamo properties in immediately following and 1957 to stockpile nickel and diversify its
exchange for a modest sum of $20 million, a the Second World War suppliers through special purchase agreements.
deal which was brokered by the Canadian and witnessed the final
British governments.42 In the ensuing decades, Moreover, both INCO and Falconbridge
INCO’s shares of the international nickel phase of the Canadian benefitted greatly from the outbreak of the
market plummeted, while Russia’s mines nickel industry’s Korean War, with the latter receiving a lucra-
in Pechenga (formerly Petsamo) allowed it golden age.” tive multimillion dollar contract from the
to blossom into a leading nickel producer.43 United States as a result.44 The full-scale par-
More importantly, the diplomatic battle over ticipation of the United States in the Vietnam
Petsamo provided an early indication of Canada’s rising middle War after 1965 brought even more activity and massive profits to
power status. The Government of Canada’s refusal to bend to the Canadian nickel industry. However, during the 1960s, INCO
the whims of foreign governments, particularly the British, was expanded its operations abroad, namely in Indonesia, Australia,
partly a result of its gradual maturation from a former colony into and New Caledonia, leading Canada in general and Sudbury in
a truly independent nation. Finally, the case of Petsamo further particular to lose a sizeable share of the world supply.45 In fact,
illustrates just how vital nickel was as a militaristic metal to in 1970, INCO chairman Henry S. Wingate openly acknowledged:
countries worldwide. “Canada’s dominant position in the world nickel industry will
Conclusion
L i b r a r y a n d A r c h i v e s C a n a d a / C - 0 2 76 4 5
international affairs. Most of all, Canada’s
almost-exclusive access to one of the
planet’s most essential strategic war metals
made it the envy of governments world-
wide for many decades. With the country’s
grip over the international nickel market
long since released, it is time for historians
to take a more thorough look at how this
industry shaped Canadian political and
military history.
Prime Minister William Lyon Mackenzie King in 1945.
NOTES
1 Gwenda Hallsworth and Peter Hallsworth, “The 6 Ibid., 170-172. 14 Ian M. Drummond, Progress without Planning:
1960s,” in Sudbury: Rail Town to Regional Capital, 7 J. Andrew Byers, “The Sailors of 1898: Identity, The Economic History of Ontario from
C.M. Wallace and Ashley Thomson (eds.),(Toronto: Motivations, and Experiences of Naval Enlisted Confederation to the Second World War (Toronto:
Dundurn Press Limited, 1993), p. 216. Personnel at the Dawn of an Age of American University of Toronto Press, 1987), p. 382.
2 J.L. Granatstein, “‘What is to be Done?’: The Empire,” in International Journal of Naval 15 O.W. Main, The Canadian Nickel Industry:
Future of Canadian Second World War History,” History 7, No. 2 (August 2008), p. 3. A Study in Market Control and Public Policy
in Canadian Military Journal Vol. 11, No. 2 8 Coleman, p. 172. (Toronto: University of Toronto, 1955), pp. 65-74.
(Spring 2011), p. 56. 9 “Rich Places in Ontario,” in The Globe, 28 May 16 “Canada’s Interest in Nickel,” in The Globe, 3
3 Peter V. Krats, “All That Glitters: Speculation 1898, p. 9. August 1916, p. 4.
and Development in the ‘Minor’ Minerals of the 10 David F. Trask, The War with Spain in 1898 17 “Injunction Is Sought to Stop Open Roasting:
Sudbury Area,” in At the End of the Shift: Mines (University of Nebraska Press, 1996), pp. 66-67. Contentious Question Is Again Launched in Local
and Single-Industry Towns in Northern Ontario, 11 Ibid., pp. 484-486. Court,” in The Sudbury Star, 19 March 1919, p. 2.
Matt Bray and Ashley Thomson, (eds.), (Toronto: 12 Matt Bray, “INCO’s Petsamo Venture, 1933- 18 Report of the Royal Ontario Nickel Commission
Dundurn Press Limited, 1992), p. 47. 1945: An Incident in Canadian, British, Finnish, (Toronto: Printer to the King’s Most Excellent
4 H.V. Nelles, The Politics of Development: and Soviet Relations,” in International Journal of Majesty, 1917).
Forests, Mines, and Hydro-Electric Power in Canadian Studies 9 (Spring 1994), pp. 174-175. 19 Matt Bray, “1910-1920,” in Sudbury: Rail Town
Ontario, 1849-1941 (McGill-Queen’s University 13 Oiva Saarinen, “Sudbury: A Historical Case Study to Regional Capital, C.M. Wallace and Ashley
Press, 2005), p. 88. of Multiple Urban-Economic Transformation,” in Thomson (eds.), (Toronto: Dundurn Press
5 A.P. Coleman, The Sudbury Nickel Field (Toronto: Ontario History LXXXII, No. 1 (March 1990), p. 57 Limited, 1993), p. 93.
King’s Printer, 1905), pp. 168-170. 20 Ibid., p. 100.
21 Ibid., p. 92. 30 “Modern War Is One of Metals,” in The Sudbury 42 Government of Canada, Protocol between
22 Main, p. 85. Star, 12 August 1940, p. 7. Canada, the United Kingdom and the Union
23 “Minister Disproves Charge Krupps Own Nickel 31 White, pp. 1-7. of Soviet Socialist Republics providing for the
Stock,” in The Sudbury Star, 16 August 1916, p. 1. 32 Graeme S. Mount, “The 1940s,” in Sudbury: Payment of a Compensation to Canada For Nickel
24 “Hon. Arthur Meighen’s Defence [sic],” in The Rail Town to Regional Capital, C.M. Wallace and Mines at Petsamo: Signed at Moscow, October 8,
Globe, 25 November 1916, page 6. Ashley Thomson (eds.), (Toronto: Dundurn Press 1944 (Ottawa: King’s Printer, 1949), at: http://gac.
25 Main, 85. Limited, 1993), p. 175. canadiana.ca/view/ooe.b1631895/2?r=0&s=1.
26 “An Inquiry as to Nickel,” The Globe, 2 August 33 White, p. 31. 43 Bray, “INCO’s Petsamo Venture,” p.190.
1919, p. 6. 34 Ibid., pp. 45-47. 44 O.W. Saarinen, “The 1950s,” in Sudbury: Rail
27 A.D. Gilbert, “The 1920s,” in Sudbury: Rail Town 35 Ibid., pp. 10-11. Town to Regional Capital, C.M. Wallace and
to Regional Capital, edited by C.M. Wallace 36 Bray, “INCO’s Petsamo Venture,” pp. 175-179. Ashley Thomson (eds.), (Toronto: Dundurn Press
and Ashley Thomson (Toronto: Dundurn Press 37 “Nickel’s Petsamo Property Held out Some High Limited, 1993), pp. 190-192.
Limited, 1993), 119. Hopes,” in The Globe and Mail, 25 October 1944, 45 Hallsworth and Hallsworth, p. 216.
28 C.M. Wallace, “The 1930s,” in Sudbury: Rail p. 20. 46 “Wingate expects ’72 end of nickel shortage,
Town to Regional Capital, C.M. Wallace and 38 Bray, “INCO’s Petsamo Venture,” pp. 180-183. reduction of Canada’s dominant situation,” in The
Ashley Thomson (eds.), (Toronto: Dundurn Press 39 Ibid., pp. 183-185. Globe and Mail, 23 April 1970, p. B1.
Limited, 1993), p. 138. 40 Ibid., pp. 185-187. 47 C.M. Wallace, “The 1980s,” in Sudbury: Rail
29 Daryl White, “Coincident Interest: The Canadian 41 Ibid., p. 188. Town to Regional Capital, C.M. Wallace and
Nickel Industry and Second World War,” (Honours Ashley Thomson (eds.), (Toronto: Dundurn Press
Essay, Laurentian University, 2000), pp. 33-34. Limited, 1993), p. 276.
Colonel Rankin’s lancer regiment, sketched at Detroit in 1861 by Mr. B.R. Erman.
Major Geoff Tyrell is a logistics officer serving at 7 Canadian Over the next four years, more than three million Americans
Forces Supply Depot. A graduate of the Royal Military College, served in either the Union or Confederate armies. Of those who
he has deployed to Afghanistan and Ukraine. bore arms, more than 600,000—or twenty percent of the total
number of enlistees—lost their lives to combat, wounds sustained
Introduction in battle, or disease.1 It was a transformative event in the history
D
of America, and it can be regarded as the first modern war of
uring the 19th Century, Canadians fought the Industrial Age. Many of the key hallmarks of the struggle—
on numerous foreign battlefields, ranging conscription, strategic use of railways, and armoured warships,
from the Crimean Peninsula to the South to name but a few—would come to feature prominently in major
African veldt. Less well-known is the story of conflicts throughout the rest of the 19th Century, and on into the
Canadians serving south of the border during First World War.
the American Civil War. Between 1861 and 1865, Americans
fought a bloody conflict that was the culmination of decades The nation of Canada was still in its infancy during this time,
of contention over both the state of the nation and its future. and Canadian2 attitudes with respect to the Civil War were com-
At its heart was the question of slavery, and whether African- plex. The British government abolished slavery across its empire
Americans would live as free men or spend their lives in fear in 1834, and popular Canadian sentiment opposed the continued
of forced bondage. The combination of westward expansion, practice of human bondage in the United States.3 Cross-border
the growing momentum of the Abolitionist movement, and economic and cultural links between Canada and America were
increasingly-fractious debates over the limits of federal and strong, and more than 250,000 Canadians were living in the United
state law finally exploded in the first shots fired by Confederate States as of 1860.4 While this suggests a prevailing affinity for
secessionists at Fort Sumter on 12 April 1861. the Union cause, support for the Confederacy was unabashed
examine three examples of the many ways in which Canadians, The Montreal Gazette was somewhat more circumspect: “There
by one road or another, became caught up in the conflict.
his Army of Northern Virginia at Appomattox Court House on In this they were not alone, as thousands more of their countrymen
9 April 1865, and the remaining Confederate commanders fol- crossed the border to take up the Union’s call to arms.
lowed suit over that spring. Alonzo Wolverton was discharged on
2 August 1865, and made his way home to his family’s village The Bloodiest of Classrooms: Frances Wafer Interns
in Oxford County. with the Army of the Potomac
L i b r a r y a n d A r c h i v e s C a n a d a / A c c . N o. 19 4 6 - 3 5 - 1
Battle of Ridgeway. Desperate charge of the American Fenians under Colonel O’Neill near Ridgeway Station, 2 June 1866.
The End of the War and the Beginning of Canada The Dominion of Canada was born on 1 July 1867. Across
the new nation, many of those celebrating would doubtless have
NOTES
1 The American Battlefield Trust, at https://www. 10 Rankin was implicated in the so-called “Southern 28 Adjutant-General’s Office, Official Army Register
battlefields.org/learn/articles/civil-war-facts. Railway Scandal” of 1857. of the Volunteer Force of the United States Army
Accessed 13 August 2018. 11 Boyko, p. 115. for the Years 1861, ’62, ’63, ’64, ’65, Part VIII
2 As Canada did not exist as a nation during this 12 Buja, p. 97. (Washington, U.S. Government Printing Office,
time, the term British North American is more 13 Boyko, p. 116. 1867), p. 156.
common in scholarship on the subject. However, 14 Buja, p. 98. 29 Common at the time, disease remained the great
the terms Canada and Canadian will be used for 15 Ibid, p. 99. killer of both armies during the Civil War.
simplicity’s sake. 16 Robin W. Winks, The Civil War Years: Canada 30 Composed largely of Irish immigrant veterans of
3 John Graves Simcoe, the Lieutenant-Governor of and the United States (Montreal and Kingston: the Union Army, the Fenians launched several
Upper Canada from 1791-1796, was supportive of McGill-Queen’s University Press, 1998), p. 190. raids into Canada between 1866 and 1871, in the
the Abolitionist cause and presided over the pas- 17 Seward officially denied any involvement in belief that seizing Canadian territory would force
sage of the province’s Act Against Slavery. Passed the scheme, although he allowed that American the British government to withdraw from Ireland.
on 9 July 1793, the Act forbid the introduction of authorities could not prevent immigrants from 31 Then known as Queen’s College.
new slaves into Upper Canada and granted free- serving in the Union forces. 32 Some fifty Union surgeons were court-martialled
dom to children born to female slaves once they 18 Boyko, p. 112. for incompetence during the Civil War.
reached the age of twenty-five. 19 David A. MacDonald and Nancy N. McAdams, 33 Francis M. Wafer, A Surgeon in the Army of
4 Danny R. Jenkins, British North Americans Who The Wolverton Family 1693-1850 and Beyond, the Potomac, Cheryl A. Wells, (ed.), (Montreal:
Fought in the American Civil War, 1861-1865 Volume II (Albuquerque, NM: Penobscot Press, McGill-Queen’s University Press, 2008), p. xxvii.
(Ottawa: MA thesis, University of Ottawa, 1993), p. 10. 2001), p. 882. 34 Ibid, p. xxviii.
5 William Seward, Lincoln’s Secretary of State, 20 A.N. Wolverton, Dr. Newton Wolverton: An 35 Steve A. Hawks, The Civil War in the East,
warned the British minister to the U.S.A. that Intimate Anecdotal Biography of One of the entry for the 108th New York Volunteer Infantry
British recognition of the Confederacy would lead Most Colourful Characters in Canadian History Regiment, at: http://civilwarintheeast.com/us-reg-
to war, beginning with an invasion of Canada. John (Vancouver: Unknown Publisher, 1933), p. 24. iments-batteries/new-york-infantry/108th-new-
Boyko, Blood and Daring: How Canada Fought 21 MacDonald and McAdams, p. 885. york/. Accessed 26 November 2018.
the American Civil War and Forged a Nation 22 Boyko, pp. 97-101. 36 Wafer, p. 21.
(Toronto: Alfred A. Knopf Canada, 2013), p. 64. 23 Ibid, p. 120. 37 Of the 3rd Division, II Corps.
6 Several factors preclude precision when it comes 24 Ever-pragmatic, Lincoln concluded that a concur- 38 Wafer, p. 24.
to determining how many Canadians fought rent war with both the Confederacy and Britain 39 Ibid, p. 41.
in the war: record keeping was often faulty, would be a disaster for the Union. Eventually, the 40 Ibid, p. 47.
recruits’ hometowns were not always identified, two seized Confederate diplomats were released 41 Ibid, p. 49.
and British invocation of the Foreign Enlistment from custody and the actions of the Union war- 42 Francis Wafer was not the only Canadian doctor
Act of 1819 made it illegal for British subjects to ship’s captain were disavowed. serving at the battle. Solomon Secord, a descendant
participate in the conflict. 25 MacDonald and McAdams, p. 885. of the famed Laura Secord, was a surgeon in the
7 Jenkins, p. 23. 26 Boyko, p. 135. 20th Regiment, Georgia Infantry. He was captured
8 John E. Buja, Arthur Rankin: A Political 27 Alonzo Wolverton, letter to his sister Roseltha after he elected to remain with the wounded while
Biography (Windsor: MA thesis, University of Wolverton Goble, dated 4 December 1864. Archives Lee’s remaining forces withdrew (Boyko, p. 134).
Windsor, 1982), p. 1. of Ontario, at: http://www.archives.gov.on.ca/en/
9 Ibid, p. 3. explore/online/fenians/big/big_16_dec4b.aspx.
Lord Trenchard, right, after the foundation stone of a new RAF College was laid at Cranwell in July 1935.
Introduction against three limited operations that saw the decisive application
F
of air power: Desert Storm in Iraq, Allied Force in Kosovo, and
rom the dawn of heavier-than-air flight, many Unified Protector over Libya. As Western states shy away from
individuals, strategic planners, and armed forces ground-force commitments, air power continues to be the weapon
visualized a future where the devastations of ter- of choice in foreign intervention. These operations are almost
restrial war could be solved from above. However, always limited in scope, and therefore, political considerations
the airplane and air power theory did not entirely make the concept of parallel warfare less desirable when compared
live up to expectations. Only in 1991 did technology catch up to a graduated campaign of coercion.
to theory. The precision dreamt of from Douhet to Trenchard
was finally put on display in the First Gulf War. Air power Theoretical Concepts
theory was refined as well, including parallel warfare, where
military forces could win the war before the enemy knew what
hit them. Despite the coalescence of theory and technology,
several problems exist with the nature of this concept, particu-
L ike his air-minded predecessors, the American Colonel
John Warden was inspired by the possibility of bypassing
the front line altogether and striking the heart of the enemy.
larly recently, as limited political aims become the accepted Warden envisaged independent air power achieving more than
norm for intervention. it had during the strategic bombing campaigns of the 20th
Century.1 This ‘new’ way of war would be executed first by
After defining the theoretical concepts, this article will thinking of the enemy as a system, and then through a targeting
analyze the promise of parallel warfare and strategic paralysis framework consisting of five rings.2 At the centre of this system
Canadian CF-18 pilots on the flight line in Qatar during Operation Friction (Desert Storm), January 1991.
lies enemy leadership. They not only direct the conflict, but the entire system would be ineffective. If this could be achieved
are also the only entity that can make concessions, and thus, quickly by air power, it was argued, then a bloody ground conflict
they are the primary target.3 When that is not possible, the could be avoided altogether.
focus then moves out one ring at a time, from leadership, to
organic essentials, critical infrastructure, population, and lastly, Opposite to strategic paralysis is the concept of coercion.
to fielded forces. The enemy’s centre of gravity in each ring Rather than freezing the enemy’s decision-making process, coer-
should be determined, and then attacked simultaneously - in cion works by “influencing the adversary’s calculus” to “force
parallel - from the inside out. Warden strongly advocated that the opponent to alter its behaviour.”8 The distinguished American
if military planners and their air forces followed his model, it political scientist Dr. Robert Pape, a professor at the University
would lead to the enemy forces freezing in a state of paralysis.4 of Chicago, breaks down coercion further into two strategies,
punishment and denial. Coercion by punishment is designed
The concept of parallel warfare has been defined as a to ‘raise the price’ to civilians, whereas coercion by denial is
simultaneous application of force at all three levels of war against directed at thwarting the enemy’s objectives.9 The stronger of the
key systems to effect strategic paralysis on the enemy. 5 This two, coercion by denial, requires a functioning enemy leadership
contrasts with the more traditional form of serial warfare in to make concessions. Both seek to raise the price of a continued
three ways. First, military forces can now attack a larger number policy over time by using a graduated escalation of force.
of targets in a shorter time frame. Second, distance is no longer
an effective defence as technology enables targets to be attacked The criticisms of these approaches are worth mentioning,
anywhere. Finally, it is argued that in serial warfare, tactical as each has its own deficiencies. Of the three concepts, parallel
effects take time to amount to strategic results, whereas parallel warfare has the fewest criticisms. When detached from other
warfare can generate effects across all three levels of conflict ideas, the idea of transcending the levels of war in an efficient
simultaneously.6 Warden’s model provides a method through which and devastating attack is enticing to the commander. However,
to rank the enemy’s centres of gravity. Once determined, they are where problems arise are in limited conflicts. The basis of this
targeted and defeated all at once. This eliminates time for the method is the destruction of targets across the system. In some
enemy to recover or re-assign assets, and ultimately, it paralyses conflicts, however, there may be entire industries or target bases
the enemy command apparatus.7 Warden theorized that once the missing, severely limiting the desired effect.
enemy leadership was cut off from the remainder of its network,
Strategic paralysis has some notable criticisms as well. First, government is long, because governments hold on due to the
several pundits argue that strategic paralysis is a misnomer. One implications of defeat, as well as due to a poor evaluation of their
author argues that the chosen method to achieve this paralysis own military performance.17 Together, these reasons can become
is heavily tactical and operational in nature, making it “…not considerable disadvantages for Western governments looking for
really a way of war but a way of battle.”10 Another author furthers quick international engagements.
this thought that a collection of destroyed tactical targets does
not necessarily constitute a leap to strategic effect.11 The theory Decisive Air Campaigns
also considers the enemy as a “passive collection of targets” and
discounts the enemy’s language, culture, and politics.12
A CF-18 awaiting takeoff at Aviano, Italy, as part of Operation Echo/Operation Allied Force.
1990, Instant Thunder was more-or-less incorporated into a more forces in Kuwait began to take a toll. Although falling short of
comprehensive plan consisting of four phases; revised Instant Schwarzkopf’s goal of 50% attrition, Iraq’s forces were attacked
Thunder strategic targets, suppression of enemy air defences in day and night with ever-increasing losses. Tanks, artillery, and
Kuwait, preparation of the battlefield, and air support during the armoured vehicles were especially targeted, leading to the news-
ground assault.21 worthy “tank-plinking” flights, where Iraqi armoured forces were
destroyed with precision bombs.24 It was this battlefield focus that
Although conforming to the Clausewitzian focus of identifying proved decisive in coercing Saddam to withdraw from Kuwait.25
the enemy centres of gravity, Warden and General Norman By mid-February, Saddam had accepted Soviet-brokered terms
Schwarzkopf, the Coalition Commander, saw the situation in for a “full and unconditional withdrawal from Kuwait,” dropping
the Persian Gulf differently. Warden believed the solution rested his previous list of conditions.26 What this timing demonstrates
in bombing targets in Iraq, whereas Schwarzkopf and his head- is that if a centre of gravity is correctly identified and supporting
quarters staff correctly identified Saddam Hussein’s centre of targets are attacked, the concept of parallel warfare is a useful
gravity in the conflict, namely, his military forces in Kuwait.22 tool. Furthermore, the negotiations and the announcement of
Due to the abundance of combat aircraft available when the air withdrawal happened long after Warden’s strategic targets were
campaign began on 17 January 1991, the first three phases were destroyed, thus undermining the view of using a strategic paralysis
started simultaneously. In this respect, the concept of parallel campaign to win a conflict.27
warfare was utilized. Iraqi defences were attacked simultaneously,
with the neutralization of Iraqi command and control in the first Allied Force
eight hours and the dismantling of the air defence system within
thirty-six hours.23 Air power played a role in many of the conflicts following the
dissolution of Yugoslavia. However, it was during the Kosovo War
Within days of the first bombs being dropped on Baghdad, that air power proved decisive. Armed clashes between the Kosovo
Saddam’s regime and its forces were effectively strategically Liberation Army, made up of oppressed Kosovar Albanians, and the
paralysed. Nonetheless, his forces fought on. Due to advancements military forces of the former Yugoslavia (Serbia) began in earnest
in bombing and new tactics, the Coalition’s destruction of Iraqi in 1998, with Serbian troops arriving in Kosovo in force in 1999.28
A representative CP-140 Aurora, which were very active and productive during Operation Unified Protector / Operation Mobile.
Serbian forces continually committed human-rights abuses areas, and lines of communication were attacked, as well as tank
in Kosovo, leading to multiple diplomatic coercion efforts from concentrations.36 Interestingly, due to the lack of a ground threat,
both the US and NATO, including economic and diplomatic Serbian tanks were well- concealed in the mountainous terrain, and
sanctions as well as a coercive military presence.29 These efforts were rarely spotted out in the open, making them very difficult to
failed, and it became clear that unless the diplomatic efforts locate and destroy.37 Four weeks into the campaign, NATO began
were paired with military force, they would be ineffective.30 bombing Belgrade itself, focussing upon those elements that sup-
In February 1999, US officials presented a bombing campaign ported Milosevic’s hold on power: the political machine, state
designed to coerce Slobodan Milosevic, the Serbian president, to media, security forces, and the economic system. After weeks of
stop the ethnic cleansing, and pave the way for the deployment worries with respect to escalation, the campaign finally threatened
of a NATO peacekeeping presence.31 The campaign consisted of the livelihood of Milosevic’s friends in the political and media
three phases: soften the air defence system and command struc- elite.38 Heavy bombing operations continued, NATO announced
ture; strike military targets south of Belgrade; and finally, conduct air superiority had been attained at the end of April, and on 8 June,
attacks against targets within the city of Belgrade.32 Not only was Milosevic finally agreed to all NATO demands for withdrawal.39
it felt that a ground operation would produce greater casualties, Despite this progress, there had been difficulties in determining
but based upon experiences in Bosnia and the Gulf War, it was the Yugoslav centre of gravity, some authors even declaring that
believed that air power could provide a clean victory for NATO.33 it was never found during the entire campaign.40
Furthermore, in the beginning, the deployment of ground forces
was completely ruled out, further constraining NATO military Many pundits argue that an air campaign based upon Warden’s
planners and commanders.34 model rather than a coercive model would have achieved more.
The results of targeting Milosevic directly could have occurred
Serbian air defences were extensive, and their operators were at the beginning of the campaign, as opposed to a month into the
well-trained, putting up a strong defence when air operations campaign. One of the main detractors for using Warden’s model
began on 24 March 1999. Despite extensive damage to phase one in this conflict is the fact it relied upon unilateral action and did
targets, there was no appreciable effect upon Milosevic’s actions. not take into consideration the many intricacies of alliance inter-
In fact, atrocities increased, and it became clear that he was play- ventions. Furthermore, it was necessary for the Yugoslav state to
ing for time.35 During the second phase, choke points, marshalling remain intact during this conflict in order to prevent spillover into
the other unstable nations.41 The benefit of the coercive campaign organization as soon as possible. To that end, on 31 March, NATO
is that it may not always work, but the escalatory aspect is the assumed operational control.46
more humane approach in circumstances less than total war.42
Indeed, the fact remains that there was no real threat of ground The campaign’s focus was upon supporting the rebels, and
invasion in the 78-day NATO campaign, and it was successful. upon identifying the enemy centre of gravity as the Libyan fielded
forces.47 There were many critics of this approach, arguing that
Unified Protector air power’s true value was undermined by not targeting Gaddafi
and his headquarters in accordance with the Warden approach.
The third decisive air campaign was Unified Protector, These critics failed to realize the importance of the Libyan people
NATO’s intervention in the 2011 Libyan Civil War against deciding the outcome themselves, augmented with some precision-
Muammar Gaddafi. The non-violent protests that had marked bombing support from NATO. The air strikes also importantly gave
similar Arab Spring’s uprisings throughout northern Africa turned the rebellion time to organize and train, preventing a concerted
violent in late-February 2011, when Gaddafi directed his forces to Libyan intervention that would have quickly crushed the rebel-
quell the rebellion, rather than to capitulate.43 It became clear that lion.48 By 24 March, Libyan air defences, including the Libyan
civilians were quickly becoming the target of the crackdown. At air force, had been destroyed or rendered non-effective, and the
the UN, the US led the charge for intervention using the ‘respon- campaign shifted to interdicting Libyan army movements.49
sibility to protect’ initiative as impetus, and on 17 March 2011,
the resolution was granted “mandating ‘all necessary measures’ to As the rebels grew more competent, they began to feed
protect civilians.”44 International sanctions and an arms embargo tactical strike information over Twitter to NATO. An unlikely
followed, as well as the establishment of a no-fly zone. The US forum, Twitter proved essential to aiding NATO in distinguish-
quickly set up a task force to implement the resolution and then ing rebels from regulars using the same vehicles, as well as in
commenced air strikes on 19 March. These strikes destroyed the coordinating strikes for the rebel advance.50 This too was aided
Libyan air defence system, as well as concentrated groupings by the deployment of NATO surveillance and targeting aircraft,
of armoured vehicles besieging Benghazi.45 To garner broader providing a key data link from headquarters monitoring Twitter,
international support for interference in what was a civil war, to aircraft operating over the country.51 After 223 days of strikes
the US diligently worked to hand-over control to an international in support of the rebel advance to Tripoli, air attacks halted a
NOTES
1 Adrian Reeve, “The Expectations of Strategic Air from Ten Propositions,” in Airpower Journal 10, 32 Ibid.
Power,” in Australian Defence Force Journal 190, No. 1 (Spring 1996), p. 2. 33 Ritchie, “Air Power Victorious,” p. 320.
(March/April 2013), p. 54. 15 Alan J. Stephenson, “Shades of Gray: Gradual 34 Jessica Lecroy, “Centre of Gravity Schizophrenia
2 John Warden, “The Enemy as a System,” in Escalation and Coercive Diplomacy,” (Maxwell over Kosovo: An “Eccentric” War in Need of a
Airpower Journal IX, No.1 (Spring 1995), p. 42. AFB: Air University Press, 2002), p. 25. True Clausewitzian Analysis,” (Essay, National
3 Ibid, p. 47. 16 Ibid, p. 7. Defense University, 1999), p. 12.
4 John Warden, “Strategy and Airpower,” in Air & 17 Pape, Bombing to Win, p. 32. 35 Lambeth, Transformation, 184.
Space Power Journal 25, No.1 (Spring 2011), p. 18 Thomas A. Keaney and Elliot A. Cohen, “Gulf 36 Ibid.
71. War Air Power Survey Summary Report,” 37 Ibid.
5 Steven M. Schneider, “Parallel Warfare: A (Washington, D.C.: 1993), p. 36. 38 Ibid, p. 187.
Strategy for the Future,” (MA dissertation., U.S. 19 Ibid. 39 Nordeen, Air Warfare, p. 256.
Army Command and General Staff College, 20 Benjamin Lambeth, The Transformation 40 Lecroy, “Centre of Gravity,” p. 8.
1998), p. 1. of American Air Power, (Ithaca, NY: Cornell 41 Ibid, p. 4.
6 Michael N. Schmitt, “Effects-Based Operations University Press, 2000), p. 106. 42 Stephenson, “Shades of Grey,” p. 6.
and the Law of Aerial Warfare,” in Washington 21 Ibid. 43 Ivo H. Daadler and James G. Stavridis, “NATO’s
University Global Studies Law Review 5, No.2 22 Andrew D. McNaughton, “What reasons are there Victory in Libya: The Right Way to Run an
(2006), p. 271. for claiming that the Coalition’s focus on the Intervention,” in Foreign Affairs 91, No.2 (March/
7 Schneider, “Parallel Warfare,” p. 2. battlefield proved strategic in Operation Desert April 2012), p. 2.
8 Robert A. Pape, Bombing to Win: Air Power and Storm?” (Essay, King’s College London, 2018), 44 Ibid.
Coercion in War (Ithaca, NY: Cornell University p. 3. 45 Ibid, p. 3.
Press, 1996), p. 4. 23 Lambeth, Transformation, p. 113. 46 Jason R. Greenleaf, “The Air War in Libya,” in Air
9 Ibid, p. 13. 24 William F. Andrews, “Airpower against an Army: & Space Power Journal 27, No.2 (March/April
10 Adam Elkus, “The Rise and Decline of Strategic Challenge and Response in CENTAF’s Duel 2013), p. 30.
Paralysis” in Small Wars Journal, at: https:// with the Republican Guard,” (CADRE Paper, Air 47 Christian F. Anrig, “Allied Air Power over Libya,”
smallwarsjournal.com/jrnl/art/the-rise-and- University, 1998), p. 59. in Air Power in UN Operations: Wings for Peace,
decline-of-strategic-paralysis. 25 Pape, Bombing to Win, p. 213. A. Walter Dorn (ed.), (Surrey, UK: Ashgate
11 Ibid. 26 Ibid, p. 216. Publishing Limited, 2014), p. 305.
12 David S. Fadok, “John Boyd and John Warden: 27 McNaughton, “Coalition’s focus,” p. 6. 48 Douglas Barrie, “Libya’s Lessons: The Air
Airpower’s Quest for Strategic Paralysis,” in The 28 Lon O. Nordeen, Air Warfare in the Missile Age, Campaign,” in Survival 54, No.6 (December
Paths of Heaven: The Evolution of Airpower (Washington, D.C.: Smithsonian Books, 2002), p. 250. 2012 – January 2013), p. 59.
Theory, Phillip S. Meinlinger (ed.) (Maxwell 29 Stephenson, “Shades of Gray,” p. 4. 49 Robert H. Gregory, Clean Bombs and Dirty Wars:
AFB: Air University Press, 1997), p. 376. 30 Sebastian Ritchie, “Air Power Victorious? Britain Air Power in Kosovo and Libya, (Lincoln, NB:
13 Gary M. Jackson, “Warden’s Five Ring System and NATO Strategy during the Kosovo Conflict,” University of Nebraska Press, 2015), p. 181.
Theory: Legitimate Wartime Military Targeting in Air Power History: Turning Points from Kitty 50 Ibid, p. 187.
or an Increased Potential to Violate the Law and Hawk to Kosovo, Sebastian Cox and Peter Gray 51 Ibid, p. 183.
Norms of Expected Behavior?” (Maxwell AFB: (eds.), (London: Frank Cass Publishers, 2002), p. 52 Ibid, p. 200.
Air University Press, 2000), p. 15. 318. 53 Greenleaf, “The Air War,” p. 46.
14 Richard Szafranski, “Twelve Principles Emerging 31 Lambeth, Transformation, p. 182.
Islamic State of Iraq and Syria propaganda photo showing ISIS militants parading, 30 June 2014, in Raqqa, Syria.
Introduction could impact the status of the Kurdish militant groups, such as
T
the Peshmerga and the Kurdistan Workers’ Party (PKK).
he rise of the Islamic State of Iraq and Syria
(ISIS) in 2014 captured international attention as Hillier chose to travel to Kurdistan because the Peshmerga
the group captured much of Iraq and Syria, com- were the only force capable of stopping ISIS.9 The Peshmerga are
mitting horrible atrocities in the process.1 Many the official armed force of the Kurdistan Regional Government
individuals ventured to join their cause, including under the Minister of Peshmerga Affairs.10 During his time there,
many Canadians.2 Many westerners also joined militant groups he also fought alongside the PKK, a communist militant group
as foreign fighters to oppose the rise of ISIS in the Middle that has been engaged in conflict with Turkey for several decades.
East, including a number of Canadians.3 The official nature of the Peshmerga contrasts sharply with the
PKK. The PKK was formed in 1974 to establish a communist
In 2016, Dillon Hillier chronicled his adventure fighting ISIS Kurdish state in southeastern Turkey.11 Inspired by Lenin, the
in Kurdistan in a book entitled One Soldier: A Canadian Soldier’s PKK operated in a military fashion by conducting insurgent
Fight against the Islamic State.4 Hillier travelled to Kurdistan from attacks within Turkey and violently eliminating Kurdish rivals.12
November 2014 to January 2015 and joined the Iraqi Kurdish The PKK waged a campaign of terrorism against Turkey which
armed forces, the “Peshmerga,” as a foreign fighter. Four criteria lasted throughout the 1990s, killing thousands of Turks.13 As a
define a foreign fighter:5 i) joining a militant group; ii) lacking result, the Canadian government placed the PKK on the list of
citizenship or kinship with the parties; iii) lacking affiliation with terrorist groups.14 However, with the emergence of ISIS, the PKK
an official military organization; and iv) being unpaid.6 cooperated with the Peshmerga to combat a common enemy.
Kurdistan is a region that encompasses the areas occupied by Shortly after arriving in Kurdistan, Hillier grew impatient
ethnic Kurds and covers approximately 230,000 square miles.7 It with the Peshmerga and found his way to the PKK in order to
sits at the confluences of Iraq, Iran, Syria, and Turkey.8 Despite engage in combat. Unfortunately, by joining a listed terrorist
lacking recognition as a state, the formal structure of Kurdistan entity, Hillier could be vulnerable to potential criminal jeopardy.
A general principle
of international law
is that a state’s domes-
tic legislation cannot be
applied outside of that
state’s jurisdiction, which
is formalized in section
6(2) of the Criminal
Code whereby, “no per-
son shall be convicted …
of an offence committed
outside of Canada.”15
Extraterritorial
exceptions permit a state
R a i n e r L e s n i e w s k i / A l a m y S t o c k Ve c t o r / H D G 0 DW
Members of the Canadian Mackenzie-Papineau Battalion in the Spanish Civil War, 1936–1939.
The FEA was introduced in the 1937 in response to High treason applies to everyone while in Canada, but
approximately 1600 Canadians volunteering to fight in the Spanish Canadian citizens can be charged regardless of the location of
Civil War.18 The FEA makes it an offense to join, “…the armed the treasonous actions. Therefore, high treason includes any action
forces of any foreign state at war with any friendly foreign state,”19 taken within Canada, but is limited to Canadian citizens if the
as well as other offences, such as leaving Canada with the intention treasonous actions occur abroad.
to enlist, and recruiting others to enlist. However, the FEA requires
a “state at war,”20 a concept which is not particularly applicable High treason also requires the Canadian to assist an armed
to conflicts involving non-state actors. Also, the FEA does not force with whom Canada is engaging in hostilities. A foreign
include non-state actors in its definition of armed forces.21 Thus, fighter could be guilty of a very serious offence regardless of their
joining groups such as the Peshmerga, the PKK, or even ISIS, legal status within the conflict. A Canadian could be a fully lawful
would not violate the FEA. combatant in an armed conflict, but vulnerable to criminal sanc-
tion in Canada if they were affiliated with an enemy of Canada.
The Criminal Code contains a few offences that could be Although Hillier was affiliated with a listed terrorist organization,
applicable to foreign fighters. The first of these is high treason. the PKK, he was not engaged in hostilities against the Canadian
High treason includes several sub-categories, including killing or Armed Forces, and therefore, would not be liable for high treason.
threatening the life of Her Majesty, levying war against Canada,
and assisting an enemy at war with Canada.22 In contrast to high In the wake of 9/11, many terrorism offences were added
treason, treason focusses upon violent attempts to overthrow the to the Criminal Code., terrorism offences including financing,
federal or a provincial government, providing information to an facilitating, and harbouring.25 There are some sections of the
enemy state, or conspiring to commit high treason or treason.23 The Criminal Code that are particularly applicable to foreign fight-
third provision of high treason is most applicable to foreign fighters: ers, specifically, participating in a terrorist group, and the armed
conflict exception.
Every one commits high treason who, in Canada …
assists an enemy at war with Canada, or any armed A terrorist group is defined in two ways, either as having the
forces against whom Canadian Forces are engaged in purpose or intent to carry out terrorist actions, or to be a listed
hostilities, whether or not a state of war exists between terrorist group.26 Public Safety Canada maintains a list of groups
Canada and the country whose forces they are.24 suspected of terrorist activities, which includes the PKK. It is an
offence to participate in the activity of a terrorist group. Section
83.18(1) reads:
This section has two elements to consider in the case of If Canadian foreign fighters joined an armed group that
Hillier. The first element is knowing participation in any activity complied with international law to participate in an armed con-
of a terrorist group. Foreign fighters provide a direct contribution flict, they would not be liable for terrorism offences under the
to the group during an armed conflict. While Hillier was fighting Criminal Code. Lacking a definition of armed conflict in both the
with the PKK, he was fighting closely with other soldiers, and Criminal Code and the Interpretation Act,30 it is necessary to look
the group benefited from his presence. The second element is the at international law to define an armed conflict and to determine
purpose of facilitating or carrying out terrorist activity. Section whether Hillier complied with the rules of international law.
83.01(1) contains a lengthy list of terrorist activities, and it would
only be an offence if the foreign fighter helped carry out one of To determine if an armed conflict truly exists, a test was
these activities.28 Engaging in combat is not a terrorist offence developed by the International Criminal Tribunal for the Former
according to this section. Hillier may have fought with the PKK Yugoslavia (ICTY). In Prosecutor v Tadic the ICTY held that:
against ISIS, but he did not contribute to any terrorist activities.
Despite being a listed terrorist entity, the PKK was operating as an armed conflict exists whenever there is resort to
an armed group to oppose ISIS when Hillier was associated with armed force between States or protracted armed vio-
them. As such, he would not be liable under that section of the lence between governmental authorities and organized
Criminal Code. armed groups or between such groups within a State.31
Section 83.01 of the Criminal Code also includes an armed This decision established a two-part test for the existence
conflict exception that would be useful to exclude him from crimi- of an armed conflict by assessing the intensity of the fighting
nal liability. According to the Criminal Code, a terrorist activity: and the organization of the belligerent groups involved.32 Tadic
A s s o c i a t e d Pr e s s / H u s s e i n M a l l a / 18 2 4 7 2 7 76 5 0 0
Kurdish Peshmerga fighters are recruiting Westerners, including Canadian veterans, to fight with them against ISIS.
Women fighters with the Kurdish PKK guerrillas with rocket propelled grenades and a heavy machine gun shown in a propaganda photo released by
the PPK, 8 August 2014, in Iraqi Kurdistan.
demonstrated that only the organizational level of the armed group Foreign fighters would be no exception, and would need to qualify
was a necessary factor, and state affiliation was not required. In as combatants to avoid criminal liability.
Tadic, the ICTY determined that, “…[the] protracted, large-scale
violence” that occurred in 1991–1992 between the numerous Article 4 of the Third Geneva Convention of 1949 defines
organized armed groups met the definition of an armed conflict.33 lawful combatants as:
The conflict between Kurdish militant groups and ISIS was Members of other militias and members of other vol-
an armed conflict. In his book, Hillier described several combat unteer corps, including those of organized resistance
situations, most notably a battle at a village called Tal al-Ward.34 movements, belonging to a Party to the conflict and
The intensity of the battle likely matched the level of fighting in operating in or outside their own territory.36
the former Yugoslavia in the early-1990s. He described a few other
skirmishes in which he participated, suggesting protracted, large- Members of the Peshmerga and the PKK could fall into this
scale violence. The Peshmerga and the PKK were both involved class. However, there are additional conditions that must be met.
in the battle of Tal al-Ward against ISIS. Therefore, the level of Specifically: they must be commanded by a person of responsi-
organization of the Peshmerga, PKK, and ISIS, plus the prolonged bility; they must be recognizable at a distance by a fixed distinct
nature of the violence, suggests an armed conflict did exist. Next, emblem; they must overtly carry weapons; and they must com-
it will be necessary to determine if Hillier had the requisite status ply with the laws and customs of war when conducting military
to lawfully participate in the armed conflict. operations.37 These conditions restricted combatant status to those
who waged warfare in the traditional sense.
The status of persons in an armed conflict has been histori-
cally defined by the Geneva and Hague Conventions, and was The Additional Protocols significantly broadened the
revised by the Additional Protocols in 1977. Under international definition of a lawful combatant:
law, there are only two categories of people on a battlefield:
combatants and civilians.35 Combatants can lawfully participate in The armed forces of a Party to a conflict consist of all
an armed conflict, whereas civilians cannot, and they are subject organized armed forces, groups and units which are
to criminal liability if they do participate. In exchange, civilians under a command responsible to that Party for the con-
receive greater protection under international law and cannot be duct or its subordinates, even if that Party is represented
targeted by military forces. In fact, everyone on a battlefield is a by a government or an authority not recognized by an
civilian unless they meet certain criteria to become a combatant. adverse Party. Such armed forces shall be subject to
This modernized definition of combatant achieved two things. Witnessing this war crime placed Hillier in an awkward
First, it removed the requirement for uniforms and for openly position for two reasons. First, he could be considered a party to
carrying weapons. Secondly, it reinforced the most important the act of the PKK soldiers and subject to prosecution because
aspect of qualifying for combatant status: “compliance with the he was actively working with the PKK. Second, the violation of
rules of international law.”39 This definition makes anyone into international law could compromise the combatant status of the
a combatant if they are part of an organized group fighting in an PKK and so jeopardize Hillier as a lawful combatant. Due to the
armed conflict, as long as they comply with international law. limited extent of the incident, the PKK soldiers would likely retain
Thus, members of the Peshmerga would likely be combatants, the status of combatants and be charged with a war crime. However,
and the members of the PKK could be combatants if they dem- there is no mention in the book of the PKK taking appropriate
onstrate compliance with the second condition. The requirement steps to discipline the guilty soldiers internally, suggesting that
to comply with international law would preclude any Canadian the responsible commanders of the PKK are accepting of such
who joined ISIS from using the armed conflict exemption under behavior. As a result, the PKK would lack the second condition
the Criminal Code, regardless of their individual acts. They would of the combatant definition under AP I, would not be lawful
not be lawful combatants because ISIS, as an armed group, failed combatants, and could be subject to criminal prosecution. As
to comply with international law, and so they would not be lawful such, foreign fighters affiliated with the PKK would also not be
participants in the conflict. considered lawful combatants. This was a startling development
for Hillier, which exposed him to criminal liability because the
Hillier would be a combatant in an armed conflict and immune armed conflict exception would not be applicable. It was impor-
from criminal liability as long he did not participate in any crimes tant for him to return to the Peshmerga as quickly as possible to
barred by international law, such as war crimes, crimes against reacquire his combatant status, which he promptly did.43
humanity, or genocide.40 Unfortunately, at one point in the book,
Hillier described the “worst day of his life” when he witnessed Conclusion
a war crime. He was with a group of PKK soldiers following the
battle at Tal al-Ward. The group encountered an unarmed villager,
who the PKK soldiers shot in the street.41 There is no indication T he recent conflict in the Middle East presented an interesting
situation for the law regarding foreign fighters. Foreign
Ku r d i s h s t r u g g l e / A l a m y S t o c k P h o t o / G 3 F 6 8 G
Kurdish YPG special operation YAT fighters during operations on the front lines against the Islamic State in a propaganda photo released by the YPG,
10 June 2016, in Iraqi Kurdistan.
NOTES
1 Jessica Stern & JM Berger, ISIS: The State of 9 Dillon Hillier and Russell Hillier, p. 11. 23 Ibid., s 46(2).
Terror (London: HarperCollins, 2015), pp.44-51. 10 Mario Fumerton & Wladimir Van Wilgenurg, 24 Ibid., s 46(1)(c).
2 Craig Forcese & Leah West Sherriff. “Killing “Kurdistan’s Political Armies: The Challenge 25 Ibid., s 83.01.
Citizens: Core Legal Dilemmas in the Targeted of Unifying the Peshmerga Forces,” Carnegie 26 Ibid., s 83.01(1).
Killing Abroad of Canadian Foreign Fighters” Endowment for International Peace (16 27 Ibid., s 83.18(1).
(2016) 54 Can YB Intl Law 134, pp. 140-141; December 2015), at: https://carnegieendowment. 28 Ibid., s 83.01(1).
Christopher Anzalone. “Canadian Foreign org/2015/12/16/kurdistan-s-political-armies-chal- 29 Ibid., s 83.01.
Fighters in Iraq and Syria” (2015) 8:4 CTC lenge-of-unifying-peshmerga-forces-pub-61917. 30 Interpretation Act, RSC 1985, c I-21.
Sentinel 14. 11 Joost Jongerden. “A Spatial Perspective on 31 Prosecutor v Tadic, ICTY, Case No IT-94-
3 John Gallagher was killed in Syria while serv- Political Group Formation in Turkey after the 1-AR72, Appeals Chamber, Decision on the
ing with the Kurdish Peoples’ Protection Unit 1971 Coup: The Kurdistan Workers’ Party of Defence Motion for Interlocutory Appeal on
(YPG) in 2015, Adnan R Khan, “Canadian Turkey (PKK)” (2017) 5:2 Kurdish Studies 134, Jurisdiction, 2 October 1995 at para 70 [Tadic].
John Gallagher killed by Islamic State Suicide pp. 144-148. 32 R Aubrey Davis III. “The Search for Combatant
Bomber,”in MacLean’s (4 November 2015), at: 12 Eric W Schoon. “Building Legitimacy: Status: Charting the Contours of Combatant
http://www.macleans.ca/news/world/canadian- International Dynamics and the Popular Status in the Age of ISIS” (2015) 223:3 Mil L
john-gallagher-killed-by-islamic-state-suicide- Evaluation of the Kurdistan Workers’ Party Rev 556, at 564.
bomber/ ; Hanna Bohman and Shaelynn Jabs (PKK) in Turkey” (2017) 28:4-5 Small Wars & 33 Ibid..
fought with the female arm of the YPG in Syria, Insurgencies 734, p. 741. 34 Dillon Hillier and Russell Hillier, pp. 71-94.
Andrea Hucnar, “Alberta Woman back in Syria 13 James M Poland. Understanding Terrorism: 35 Mark David Maxwell & Sean M Watts.
to fight ISIS militants,” CBC News (12 October Groups, Strategies, and Responses. 3rd ed. (Upper “’Unlawful Enemy Combatants’: Status, Theory
2016), at: http://www.cbc.ca/news/canada/ Saddle River, New Jersey: Prentice Hall, 2011), of Culpability, or Neither?” (2007) 5 JICJ 19, at
edmonton/alberta-woman-back-in-syria-to-fight- pp. 125-126. 20.
isis-militants-1.3800770.> 14 “Public Safety Canada: Listed Terrorist Entities,” 36 Geneva Convention Relative to the Treatment of
4 Dillon Hillier and Russell Hillier, One Soldier: at: < https://www.publicsafety.gc.ca/cnt/ntnl-scrt/ Prisoners of War, 12 August 1949, 75 UNTS 972
A Canadian Soldier’s Fight against the Islamic cntr-trrrsm/lstd-ntts/crrnt-lstd-ntts-en.aspx#2035 art 4 (entered into force 21 October 1950) [GC
State (Toronto: HarperCollins, 2016). > III], art 4(2).
5 Thomas Hegghammer, “The Rise of Muslim 15 Criminal Code, RSC 1985, c C-46, s 6(2). 37 Ibid.
Foreign Fighters: Islam and the Globalization of 16 Robert Cryer et al. An Introduction to 38 Protocol Additional to the Geneva Conventions
Jihad” (2010/2011) 35:3 International Security International Criminal Law and Procedure, 3rd of 12 August 1949, and Relating to the Protection
53, pp. 57-58. ed. (Cambridge, MA: Cambridge University of Victims of International Armed Conflicts
6 Being unpaid serves to differentiation foreign Press, 2014), pp. 53-56. (Protocol I), 8 June 1977, 1125 UNTS 17512,
fighters from mercenaries, which by definition 17 Ibid., pp. 56-57. (1977) 16 ILM 1391 art 47(2)(c) (entered into
are motivated by private gain and criminals 18 Tyler Wentzell, “Canada’s Foreign Enlistment Act force 7 December 1978) [AP I], art 43.1.
under international law, Protocol Additional to and the Spanish Civil War” (2017) 80 Labour/Le 39 Ibid.
the Geneva Conventions of 12 August 1949, Travail 213, at 213. 40 Rome Statute of the International Criminal Court,
and Relating to the Protection of Victims of 19 Foreign Enlistment Act, RSC 1985, c F-28 [FEA], 17 July 1998, 2187 UNTS 3, Can TS 2002 No 13
International Armed Conflicts (Protocol I), 8 June s 3. arts 6-8 (entered into force 1 July 2002) [Rome
1977, 1125 UNTS 17512, (1977) 16 ILM 1391 20 Ibid., ss 3-5, 7, 9. Statute].
art 47(2)(c) (entered into force 7 December 1978) 21 Craig Forcese, & Ani Mamikon, “Neutrality 41 Dillon Hillier and Russell Hillier, p. 102.
[AP I]. Law, Anti-Terrorism, and Foreign Fighters: Legal 42 Rome Statute of the International Criminal Court,
7 Kari J Bodnarchuk, Kurdistan: Region under Solutions to the Recruitment of Canadians to 17 July 1998, 2187 UNTS 3, Can TS 2002 No 13
Siege (Minneapolis: Lerner Publications, 2000), Foreign Insurgencies” (2015) 48 UBC L Rev 305, arts 6-8 (entered into force 1 July 2002), arts 7-8.
p.10. p. 352. 43 Dillon Hillier and Russell Hillier, p. 122.
8 Ibid. 22 Criminal Code, RSC 1985, c C-46, s 46(1).
O
n 25 June 2019 at Canadian Forces College, Context
Minister of National Defence Harjit Sajjan
announced the establishment of the Dallaire
Centre of Excellence for Peace and Security.
Minister Sajjan stated that the Centre of
T he sad reality is that many conflicts around the world
involve children serving in armed groups as child soldiers.
Broadly defined, child soldiers “refers to any person below 18
Excellence’s initial focus will be to support the Canadian years of age who is or who has been recruited or used by an
Armed Forces’ implementation of the Vancouver Principles armed force or armed group in any capacity, including but not
on Peacekeeping and the Prevention of the Recruitment and limited to children, boys and girls, used as fighters, cooks,
Use of Child Soldiers, stating that “…this practical resource porters, messengers, spies or for sexual purposes. It does not
will have real world impacts and help to protect children.” In only refer to a child who is taking or has taken a direct part
attendance, Lieutenant-General (ret’d) Roméo Dallaire stated: in hostilities.”1
“I have dedicated my life to ensuring soldiers are prepared and
children are protected in situations of armed conflict, because Underpinned by evolving International Human Rights Law
both are central to achieving peace. The establishment of the and International Humanitarian Law,2 the United Nations Security
Dallaire Centre of Excellence for Peace and Security will have Council has passed thirteen resolutions to address issues related
an impact on soldiers, on children, and on global peace and to children and armed conflict,3 as well as having encouraged
security.” This article provides the context for this initiative Member States to endorse a number of related principles and dec-
with a short summary of the Vancouver Principles; presentation larations. In November 2017, Canada hosted the UN Peacekeeping
of the concept of operations for the new Centre of Excellence; Defence Ministerial Conference leading to the articulation of the
and, a description of the contributions being made by the set of political commitments focused upon child protection in
Roméo Dallaire Child Soldier Initiative (RDCSI). peacekeeping, the Vancouver Principles, as they were referred to
by Minister Sajjan. These seventeen principles acknowledge the
child soldiers; to be able to respond effectively when encountering Centre is designed to be innovative, creative, and adaptive with the
child soldiers in the context of UN peacekeeping operations; and capacity to quickly pivot to emerging issues, policy developments
to enable effective personal support post-deployment. or key updates to international frameworks, such as those expressed
through United Nations Security Council Resolutions on Children
Dallaire Centre of Excellence for Peace and Security and Armed Conflict, or the Women, Peace and Security agenda.
A child soldier of the Union of Congolese Patriots (UPC) stands guard and holds a rifle in his hands in Bunia, Democratic Republic of Congo, 19 June 2003.
NOTES
1 United Nations International Children’s 2 These include, but are not limited to, the Geneva 3 UN Security Council resolutions regarding the
Emergency Fund, “The Paris Principles and Conventions (1949) and Additional Protocols I protection of children affected by armed conflict
Guidelines on Children Associated with Armed and II to the UN Geneva Conventions (1977), the include UNSCR 1261, 1314, 1379, 1460, 1539,
Forces or Armed Groups” February, 2007, Convention on the Rights of the Child (1989), the 1612, 1882, 1998, 2068, 2143, 2151, 2225, 2427.
p 7; accessible at: https://www.unicef.org/ Worst Forms of Child Labour Convention (1999), 4 Implementation guidance for the Vancouver
emerg/files/ParisPrinciples310107English.pdf and the Optional Protocol to the Convention on Principles accessible at: https://www.canada.
https://www.unicef.org/french/protection/files/ the Rights of the Child on the Involvement of ca/en/department-national-defence/corporate/
ParisPrincipesFrench310107.pdf Children in Armed Conflict (2000) as well as reports-publications/vancouver-principles.html,
the African Charter on the Rights and Welfare of p. 6.
Children (1990) and the Covenant on the Rights 5 https://www.childsoldiers.org/
of the Child in Islam (2005). 6 https://www.childsoldiers.org/vtecs/
Canada’s new fixed-wing search and rescue aircraft, the Airbus CC-295.
T
he federal election campaign of 2019—a rather policy, and, in particular, defence policy, rarely figure prominently
testy, divisive and less than edifying affair— (or even moderately) in Canadian federal elections, the virtual
produced a curious amalgam of good news and disappearance of those public policy fields from electoral dis-
bad news for Justin Trudeau (who remained course should be a matter of grave concern and embarrassment
Prime Minister but lost his majority), Andrew for a supposed middle power that needs (and presumably still
Scheer (whose Conservative Party added more seats but failed wishes) to retain a credible presence at the global table, be it the
to defeat a government made vulnerable by an eclectic assort- G7, the United Nations (particularly if it involves an occasional
ment of self-inflicted wounds), Jagmeet Singh (who turned in seat on the Security Council), NATO or myriad other international
an impressive performance on the hustings and retained a criti- institutions. The election of only four years ago was no watershed
cal mass of New Democrat MPs while being virtually shut out in terms of foreign and defence policy discourse, but foreign
in Quebec), and Elizabeth May (whose Green Party advanced and defence policy at least managed—in part due to an excellent
in the popular vote and acquired an additional MP but was Munk Debate on foreign affairs—to register on the electoral
unable to secure a major breakthrough). Indeed, as the Globe radar screen. That the election of 2019—when the country faces
and Mail’s Campbell Clark observed, the only leader who dramatically more serious challenges in terms of trade, climate
“really triumphed” was Bloc Quebecois Leader Yves-François change, defence and international security, multilateralism and
Blanchet, who lifted “his party from the dead with a promise relationships with the United States and China—should see foreign
to speak for Quebec. The others have one main reason to be policy discourse reduced to negligible proportions and defence
pleased: It could have been worse.” policy sink below the level of a cameo appearance is supremely
ironic. There is, admittedly, more than a modicum of truth in the
If the Bloc Quebecois leader was a clear winner, a clear observation that Trumpian realities influenced how the Canadian
loser was Canadian foreign and defence policy. Although foreign foreign and defence policy discourse played out (or failed to play
C
conceal ambassadorial duties in both
ollapse of a Country Khartoum and Juba, in the face of
provides some ratio- the downsizing of Canada’s Foreign
nale as to why the Service. Although on arrival in Juba
present Canadian Nicholas found his “embassy” was in
Government has failed a garage, he states early in his book
to deploy ‘military elements’ to a that the substance of his work was
UN mission in Africa as promptly more important than any title or trap-
as promised. This book accounts pings. Ambassador Coghlan’s role
for why helicopters, not ‘boots on was to ‘try to figure out the politi-
the ground,’ were Canada’s contri- cal scene,” as well as to provide the
bution to Mali, where the United oversight of over 100 million dollars
Nations Multidimensional Integrated in Canadian humanitarian and devel-
Stabilization Mission in Mali opment aid. Communications were
(MINUSMA) has over 11,000 sol- a problem… In South Sudan, there
diers, not counting the French. In the were no land lines, only cell phones.
case of South Sudan, an even larger The Embassy’s means for contacting
UN force of soldiers, including tanks Ottawa are an embarrassment to read
and 2000 police, did not prevent about. There were almost no roads,
collapse. ‘Boots on the ground’ do except in towns and also from Juba to
not necessarily translate into either success or stability. Mali Kenya. The United Nations Humanitarian Air Service (UNHAS)
and South Sudan have something in common. Canadians are was used by the Ambassador to go almost anywhere outside the
advised not to travel to either. Ten Canadian soldiers serve in capital, to any South Sudan destination. There are maps on the
the South Sudan under the auspices of Operation Soprano, and covers of this book that are very useful for reader situational
the United Nations Mission in South Sudan (UNMISS) has awareness, as are the three pages dedicated to maps. Two maps
suffered 55 fatalities to date. depict what we might consider a form of gerrymandering, when
the President expanded the ten Provinces into 28 provinces.
Collapse of a Country is a memoir written by Canada’s first
official representative to South Sudan upon that entity becoming Ambassador Coghlan provides some additional facts.
the 193rd sovereign state to join the UN in 2011. Ambassador “Southerners,” i.e. South Sudanese, were in the Khartoum
Nicholas Coghlan was well qualified for this appointment in the Government (AKA, the enemy). South Sudan did have a source
new capital, Juba. He had been the sole Canadian diplomatic of revenue from the oil fields found primarily in Unity and Upper
presence in the capital of the Sudan, Khartoum, from 2000 until Nile provinces. That oil reached the sea through the Sudan, which
2003. As outlined by Coghlan, Big Men seeking political power charged a “fixed passage” fee, which, in times of low prices for
at any price contributed to the demise of peace in the fledgling oil, substantially lowered the government’s revenue stream. With
state within two years of its birth. an estimated 180 non-governmental organizations (NGOs) in
country, there was substantial ‘tied’ money coming into the Sudan,
Ambassador Coghlan was an ‘audio witness’ to the clash that not to mention a significantly well-off foreign presence. There
sparked outright war between the Dinka supporters of one Big Man, were also refugees coming in from the two areas which had not
the President, Salva Kiir, and Nuer supporters of the next Biggest been allowed to join the “South,” where fighting continued with
Man, Vice President, Riek Machar, in Juba, just before Christmas, the Sudanese government. Fortunately for the reader, there is an
2013. The book’s prologue testifies to what Coghlan heard and excellent chronology of four pages in this book, as well as eight
first reported to Ottawa on 16 December 2013. Big Men seeking pages of acronyms, such as for “POC” in context. Further, many
power were the cause of the conflict, and the resort to weapons is of Coghlan’s insights are well-indexed.
no surprise in a country which ‘our man on the ground’ described
as a “…lawless wasteland where all that matters is your ethnicity The situation Coghlan faced during his tenure is captured
and the calibre of your weapon.” Recent history, demographics, in the acronym list. The simple acronym for the Sudan People’s
and geography, combined with an almost-complete lack of infra- Liberation Movement, (SPLM) founded in 1983 by John Garang as
structure all played roles in the Dinka/Nuer civil war that followed. the political wing of the Sudan People’s Liberation Army, (SPLA)
There are mentions of other smaller tribes who either had to fight has several modifiers, starting with the states that did not join the
(Chapter 4, The Murle War), or flee to an UN-protected enclave new country, the SPLA (N) and the SPLM (N). Then there is the
SPLM-DC, as well as the SPLM/A-10. The latter is often referred
Rise and Kill First: The Secret in the second case, Israel genuinely feared an Arab attack was
History of Israel’s Targeted about to occur, and so, elected to pre-empt.
Assassinations The Israeli assassination program had its genesis in the tar-
by Ronen Bergman geted killings of British troops and officials, and Arabs, by two
New York: Random House, 2018 Jewish terrorist groups, the Irgun and the Lehi, before the State
xxiv + 753 pages, $47.00 (hardcover)
of Israel came into being in 1948. From this point of departure,
ISBN: 978-1-4000-6971-2
Bergman devotes most of his attention to describing, in consider-
Reviewed by R. Geoffrey St. John able detail, a number of the more important assassinations since
I
the establishment of the State of Israel, and their consequences,
n its brief history as a sometimes good for Israel, and
nation, Israel has relied sometimes bad for Israel.
heavily on targeted
killing—assassination— Some key points brought out
for its security. Infrequent by Bergman merit particular atten-
headlines, like those referring to tion, although he could have placed
the killing of a key Hamas arms more stress upon them. It is insuf-
dealer in Dubai in 2010,1 only ficiently appreciated that, unlike
hint at the scale of the program. regular armies, many if not most
The book’s author is an Israeli terrorist groups do not have struc-
investigative reporter who has tured, agreed succession plans and
leveraged his extensive contacts well-groomed individuals ready to
within the Israeli intelligence and take over immediately should their
defence communities to produce current leaders die. More likely is a
this narrative. The result is reve- period of turbulence and diminished
latory, filling a gap in Middle East operational capacity as new would-
historiography. be leaders compete for command,
and as the newly-emerged leader
The assassination campaign endeavours to cement his control
should be viewed in the larger con- of the group’s members and tries
text of Israel’s broad security policy, to learn his operational business.2
which might also be summed up as And also not well-appreciated is
‘rise up and kill him first.’ Twice the fact that the assassination of
Israel has destroyed nuclear facili- a leader, despite considerable
ties in Arab countries (Iraq 1981, security measures, leads surviving
Syria 2007) to prevent them from members to view their comrades
making nuclear weapons (no bad suspiciously—which one provided
thing, in my view). In both the 1956 to the Israelis the intelligence on
and 1967 Arab-Israeli wars, Israel the leader’s whereabouts that led
‘pulled the trigger’ first—although to his killing?3 Finally, the amount
NOTES
1 pp. 610-621 4 pp. xxiii, 328, 595-604, 602 6 p. xxiii
2 pp. 323, 336, 500 5 https://www.timesofisrael.com/israel-carrying- 7 p. xx
3 pp. 336 out-secret-air-strike-campaign-in-sinai-to-help-
egypt-report/
D N D p h o t o G N 2 019 - I 0 4 5 - 12 7 b y C o r p o r a l M . D. L e b l a n c
Pilots from 403 Helicopter Operational Training Squadron (HOTS), participate in Exercise Scorpion Sting, a challenging final training
exercise consisting mainly of long range patrolling through difficult terrain, at the Infantry School Combat Training Centre, Canadian
Forces Base Gagetown, 3 July 2019.