Preface

• Author: Jane Gilliland Dalton
• Pages: xiii-xxviii

Preface

Jane Gilliland Dalton

Though it is early in this twenty-first century, anumber of unanticipated,

large-scale events—some man-made, others natural—have brought us

face-to-face with the "global" nature of the world in which we live:

•Threats emanating from the global commons and the need to identify and

counter those threats;

•Combat operations in Afghanistan and Iraq, events that occurred during

those operations and worldwide perceptions of the US role in and responsibility

for those events; and

•Natural disasters of such magnitude that international responses were

required, including within the United States of America.

Though these apparently unconnected events could be viewed in isolation, em-

bedded within each were issues that could not be addressed by asingle nation or a

single government agency. The hallmark of these events is the complexity and

global reach oflegal, policy and operational issues, and the interrelationships among

them. In developing the theme and identifying the participants for this conference,

Global Legal Challenges: Command of the Commons, Strategic Communications, and

Natural Disasters, hosted at the Naval War College on June 28-30, 2006, the confer-

ence organizers hoped to initiate adialogue between those who have to meet these

global challenges and the lawyers who advise them. We sought to explore the role

that law plays in shaping policy, how policy influences legal analysis, and how the

interaction oflaw and policy affect the operational outcomes. The goal was to iden-

tify common themes and lessons for future exploration—to learn from past events

and experiences how better to approach future challenges.

In addition, this conference did not focus primarily on the laws of war, but

rather on legal issues that confront the military commander when engaged in oper-

ations that do not fit the traditional concept ofwarfighting—protecting the home-

land from threats, whether natural or man-made, in the post-9/11 environment;

ensuring the message one's forces convey through words and deeds is consistent

Preface

with law and policy; and conducting disaster relief operations in a conflicted or in-

secure area, though not necessarily in awar zone.

The recurring theme of the conference, and, thus, this volume of the "Blue

Book" series, is that in an interdependent and complex world ofpost-9/1 1global ter-

rorism, neither policymakers nor military commanders can focus only on domestic

or international issues, only on law or policy or operations, only on performing the

mission or communicating the message—rather, they have to accomplish all at

once. They have to interconnect and interact. The challenges are global and com-

plex. The solutions must be sophisticated and nuanced. From the two keynote

speakers and the five panels emerged anumber of lessons learned to inform the

debate and to assist in developing solutions for the future.

Competing Interests: Striking the Balance

Assistant Secretary of Defense for Homeland Defense Paul McHale's opening key-

note address captured one of the primary themes that resonated throughout the

three days of the conference—the importance of striking abalance when dealing

with complex issues and competing priorities. In Secretary McHale's case, the bal-

ance is not unlike that America's founding fathers struck between security and lib-

erty. The founding fathers had to guard against creating asystem that relied

disproportionately on the military to provide internal security, lest the citizenry's

lack of confidence in civilian law enforcement lead to avoluntary relinquishment

of those capabilities in favor of the military, and to athreat to the civilian character

of the US government. In the wake of Hurricane Katrina, asimilar issue arose. The

rapid and effective military deployment to the Gulf Coast—arguably the largest,

fastest deployment of military capabilities in US history, according to Secretary

McHale—led some to argue the military should be in charge of future emergency

responses to domestic natural disasters. Secretary McHale found that identifying

the proper domestic role of the military requires "constant, sobering judgment."

"We ought not blindly commit military forces to missions that should remain in-

herently civilian in character. If we use the military within our own borders for

every mission that the military in theory could achieve, we will, in fact, tip the bal-

ance towards security and pay aprice in terms of liberty." 1

The luncheon keynote address demonstrated how one executive department

of the US government is seeking to strike the proper balance when addressing

complex issues with partners, allies and others around the world. Department of

State legal adviser John B. Bellinger III, at the request of the secretary of state, has

taken aleading role in the secretary's public diplomacy dialogue. This dialogue is

designed to garner support around the world for US policies and the legal

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