XVIII. Commentary-Maritime and Coalition Operations: Jean-Guy Perron

• Author: Jean-Guy Perron
• Pages: 309

C anada has contributed a significant number of personnel and assets to the global war on terrorism. Over the last several years, Canadian warships have conducted maritime interdiction missions to interdict shipping in breach of the UN Security Council resolutions on Iraq. However, such resolutions do not apply in Operation ENDURING FREEDOM (OEF) and Canada deployed it ships to conduct maritime interdiction operations for this operation pursuant to the right of collective and individual self-defense contained in Article 51 of the UN Charter.

Canada is considered to be in armed conflict with the Taliban and al Qaeda and such conflict is not limited geographically to the territory of Afghanistan but extends to the international waters of the high seas. Canadian maritime operations searching for those who support the Taliban or al Qaeda, or who are themselves such, were termed 'visit and search' operations. These 1. Lieutenant Colonel Jean-Guy Perron is currently the Assistant Judge Advocate General for the National Capital Region (Ottawa) in Canada. He was deployed to Tampa, Florida in November 2001 as the legal advisor to the Commander, Canadian Joint Task Force South West Asia.

visit and search operations were conducted pursuant to the principles found in the San Remo Manual on International Law Applicable to Armed Conflicts at Sea.2

Canadian warships could also intercept other vessels pursuant to Article 110 of the United Nations Convention on the Law of the Sea.3 The point here is that while there are differing legal bases for conducting boarding operations, the facts surrounding each such boarding must be carefully studied so as to ensure a legitimate basis for boarding exists in international law.

Recognizing that each state in a coalition is truly the master of its own ROE, much effort must be spent to harmonize ROE throughout the coalition by sharing and deconflicting competing ROE and understanding the limitations and constraints each coalition member has on its missions. Still, harmonizing ROE in a coalition, although sometimes problematic, must remain a priority. Each state will have a different interpretation of the application of international law. Operational factors relating to coalition member forces must be considered and domestic and international policy considerations must be adhered to. Two weapons systems provide good examples of the challenges inherent in structuring ROE for coalition operations: anti-personnel landmines...