Armed Attack’ and Cyber Network Attacks from the 16Th CDAI Graduate in International Law: the Case of Stuxnet by Jeff Collins
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January–February 2014 Volume 74, Number 1 RCMI THE JOURNAL OF THE ROYAL CANADIAN MILITARY INSTITUTE FOUNDED 1890 SITREP —Eric MorsE Sitrep proudly presents Inside this Issue contributions from the new The Unjustifiable Aspiration of the Canadian Parliament generation of Canadian to Vote on Military Missions by Krystel Chapman ..........................................................3 scholars: selected papers ‘Armed Attack’ and Cyber Network Attacks from the 16th CDAI Graduate in International Law: The Case of Stuxnet by Jeff Collins .............................................6 Student Symposium at Royal The “Blue Beret” Myth: Politics and Identity in Military College, October Canadian Foreign Policy by Colin Chia ........................................................................10 24–25, 2014 Pursuing Pirates in the Gulf of Guinea by Paul Pryce ..........................................................14 www.rcmi.org From the Editor’s Desk or the past three years Issue #1 has featured contributions from some of the brightest young academic minds in Canada. Every October the Conference of Defence As- Fsociations Institute (CDAI) holds its annual Graduate Student Royal Canadian Military Institute Symposium in Kingston where students from across Canada Founded 1890 present papers on issues related to national security and defence. Your Editor Patron is pleased to announce that this year we have contributions sufficient to fill a His Excellency the Right Honourable David Johnston, C.C., C.M.M., C.O.M., C.D. number of issues. Such is the growing appeal of Sitrep as a means for aspiring The Governor General of Canada academics to be published for the first time. As you will have read in the latest Vice Patrons Members’ News, our first ever Peter Hunter Award was chosen from this same The Honourable David C. Onley, O.Ont group. Winner OCdt William Buss has had his paper posted on our website as Lieutenant Governor of Ontario General Thomas J. Lawson, CMM, CD an Otter Paper. Chief of the Defence Staff His Worship Rob Ford Krystel Chapman focuses on the ongoing debate amongst Parliamentarians Mayor of Toronto in the UK, Canada and Australia on what she calls the unjustifiable proposition Officers & Directors that Parliament must approve military deployments. She argues that the greatest HCol Gilbert W. Taylor—President risk to the stability of Canadian civil-military relations, and one that has been LCdr/Dr. Michael J. Hoare, CD—Vice President Col W. Allan Methven, CD–—Vice President absent from this debate to date, is the usurpation by Parliament of the power Mr. Gilbert S. Lamothe—Secretary/Treasurer to declare war. LCol Donald R. Fisher, CD—Director BGen Paul A. Hayes, OMM, CD—Director Jeff Collins, a previous contributor, addresses cyber network attacks and Capt Stewart C. Kellock, MOM, OStJ, CD—Director international law and whether such an attack meets the threshold of an armed LCol C. Edward Rayment, CD—Director LCol Reginald C. Scotland, CD—Director attack as defined in Article 51 of the United Nations (UN) Charter thereby al- Capt John E. Thompson, CD—Director lowing the use of force in self-defence. Will cyberattack lead to unrestrained Executive Director and Editor digital warfare between states that could potentially escalate into even bloodier, Col (ret’d) Chris Corrigan, CD, MA more traditional, conventional combat? Past President Colin Chia debunks the Blue Beret myth held so dearly by so many Cana- Col James R. Breithaupt, KStJ, CD, QC dians–the myth that the Canadian military should not be engaging in aggres- SPECIAL CONSULTANT TO THE BOARD sive combat missions, and should focus on peacekeeping roles. He posits that LCol Jeffery J. Dorfman, OMM, CD traditional peacekeeping is ineffective more often than not today, simply because Honoraries civil and inter-ethnic “wars of the third kind” have become the most common Col (ret’d) John Clarry, MBE, ED, CD, QC Honorary President conflicts since the end of the Cold War. If the CF limited itself to observation MGen Richard Rohmer, OC, CMM, DFC, O.Ont, KStJ, OL, Legion d’Honneur, QC and monitoring, it would contribute little to the goal of global peace and security. Honorary Vice President Piracy off the Horn of Africa is very well known. Paul Pryce writes of the O.Ont, KStJ, CD, QC LCol (ret’d) Bruce W. Savage, CD threat of piracy on the other side, the western side of the continent in the Gulf Honorary Curator of Guinea. He suggests that a solution to the piracy problem could be found by Mr. J. L. Granatstein, OC, FRSC Dr. Desmond Morton, OC outsourcing counter-piracy operations to private maritime security services, Honorary Historian such as those conducted successfully in the Gulf of Aden and the Gulf of Oman. Mr. Arthur Manvell th Honorary Librarian By the time you have received this Issue we will have held (on January 29 ) LCol J. Roy Weir , CD, AdeC, QC our first Security Studies Speaker’s event of 2014 featuring Reza Akhlagi from Honorary Solicitor Chaplains the Foreign Policy Association, Manhattan NY. Please join us for our second Maj The Rev Gillian Federico, CD Security Studies Luncheon on February 26th featuring Professor Stuart Hendin The Rev Martin Keatings LCdr The Rev J. David Mulholland Q.C., a member of RCMI, currently deployed to Kabul, Afghanistan, under the Capt The Rev Mark L. Sargent, CD aegis of the International Development Law Organization, as an International General Manager Training Advisor in the Ministry of Justice. Mr. Michael T. Jones I look forward to seeing you at the Institute. Director of Communications/Assistant Editor Mr. Eric S. Morse Official Publication of the Royal Canadian Military Institute Sincerely, 426 University Avenue, Toronto, Ontario, M5G 1S9 Colonel Chris Corrigan (retired) CD, MA 416-597-0286/1-800-585-1072 Executive Director, Editor and Chair of the Security Studies Committee Fax: 416-597-6919 Editorial E-Mail: [email protected] Copyright © 2014 RCMI ISSN 0316-5620 SITREP may be fully reproduced in whole or in part for academic research or institutional Website: www.rcmi.org purposes, provided that the author’s and the institute’s copyright is acknowledged. The views expressed are those of the author(s) and do not necessarily represent the views of the Institute or its members. 2 SITREP The Unjustifiable Aspiration of the Canadian Parliament to Vote on Military Missions by Krystel Chapman arliamentarians in the UK, Canada, and Australia have that such a practice would lead to excessive and dangerous been demanding a greater role for the legislature in operational delays in times where expeditious military action determining the roles and missions of the military. The may be necessary, and may endanger national security if secret PBritish Parliament authorized military action in Iraq one day details disclosed to parliamentarians in order to inform their before the start of hostilities in 2003, and again in Libya in decision are then leaked. In this paper, I argue that the greatest 2011. This past summer, the British Prime Minister reluctantly risk to the stability of Canadian civil-military relations, and accepted that the UK would not be involved in an eventual one that has to date been absent from this debate to date, is mission in Syria, after losing a vote on this issue. Yet despite the usurpation by Parliament of the power to declare war. an apparent trend towards Parliamentary votes on troop de- Powers of the Executive and the Legislature ployments, MPs continue to protest what they perceive is a in Defence Policy limited and inconsistent role. For example, Australian troops were committed to Iraq, and Canadian troops were originally The Constitution Act, 1867, grants separate powers to sent to Afghanistan, without Parliamentary approval. The the Executive and legislative branches with regards to matters Conservative Opposition in the UK also criticized the Gov- of national security. Sections 15 and 19 of the Constitution ernment in 2006 after finding out through the media about assigns the Executive with the prerogative to create an army, an additional deployment of 4,000 troops to Afghanistan. In appoint the Chief of Defence Staff, enter into international response, the House of Lords undertook a study of potential treaties, and most importantly, declare war. The Constitution changes to Royal Prerogative Powers that would give the unambiguously allows Cabinet to declare war or commit British Parliament a greater role in declarations of war and troops to a military operation without even consulting with troop deployments. Canadian MPs were similarly outraged Parliament, let alone obtaining its approval. Cabinet also sets when they found out through media reports about the nature the defence budget, makes senior military appointments, of Canada’s post-2011 role in Afghanistan. They learned that determines the government’s agenda, and in times when troops would not be confined to the relative security of Kabul, the reigning party holds a majority of seats in the House of but would also be training Afghan security forces in Mazar- Commons and the Senate, largely controls parliamentary i-Sharif and Herat. committees. It has been argued that the Canadian Parliament should Section 91(7) of the Constitution Act, 1867, in turn as- “have the right to vote on the most serious decision a govern- signs legislative authority over “the Militia, Military and Naval ment can make: sending military personnel into combat where Service, and Defence” to Parliament. Members of Parliament they might die in pursuit of its foreign policy objectives.”1 Such and Senators do not have access to the same level of details votes are seen as an expression of the public will that meet a surrounding threat assessments and operations than do mem- need for “democratic legitimacy.”2 It has also been suggested bers of the Privy Council. As such, they have traditionally that parliamentarian deliberations would result in “more been involved in budget approval, execution and audit, rather considered decision-making”3 and would “serve an impor- than in the development of defence policy.