VOL 1 CONFERENCE ONETHICALLEADERSHIP PROCEEDINGS FROMTHE7 The War on Terror: Ethical Considerations is the fi rst volume of selected papers drawn from the 7th Canadian Conference on Ethical Leadership held at the Royal Military College of Canada on 28-29 November 2006. This volume provides a range of perspectives and insights into the murky world of countering terrorism. To that end, this book offers challenging topics intended for discussion in preparing military TH members to recognizeand understand the complexity of operating in CANADIAN the contemporary security environment with regards to terrorism. Despite the non-discriminate, savage methodology of terrorism, a key theme that resonates in this volume is the requirement for nations to THE WAR ONTERROR-ETHICALCONSIDERATIONS THE WAR PROCEEDINGS FROM counter this threat within democratic values and ideals, as well as in an THE 7TH CANADIAN CONFERENCE ON ETHICAL LEADERSHIP ethical manner. The War on Terror - Ethical Considerations EDITED BY: DR. DANIEL LAGACÉ-ROY AND COLONEL BERND HORN VOLUME 1 The War on Terror – Ethical Considerations PROCEEDINGS FROM THE 7TH CANADIAN CONFERENCE ON ETHICAL LEADERSHIP Held at the Royal Military College of Canada 28 - 29 November 2006 THE WAR ON TERROR – ETHICAL CONSIDERATIONS VOLUME 1 Edited by: Dr. Daniel Lagacé-Roy and Colonel Bernd Horn Copyright © 2008 Her Majesty the Queen, in right of Canada as represented by the Minister of National Defence. Canadian Defence Academy Press PO Box 17000 Stn Forces Kingston, Ontario K7K 7B4 Produced for the Canadian Defence Academy Press by 17 Wing Winnipeg Publishing Offi ce. WPO30302 Library and Archives Canada Cataloguing in Publication Canadian Conference on Ethical Leadership (7th : 2006 : Royal Military College of Canada) Proceedings from the 7th Canadian Conference on Ethical Leadership. Volume 1, Th e war on terror - ethical considerations / edited by Daniel Lagacé-Roy and Bernd Horn. Produced for the Canadian Defence Academy Press by 17 Wing Winnipeg Publishing Offi ce. Includes bibliographical references. Issued by: Canadian Defence Academy. ISBN 978-0-662-47333-6 (bound).--ISBN 978-0-662-47334-3 (pbk.) Cat. no.: D2-216/1-2007E (bound) .--Cat. no.: D2-216/2-2007E (pbk.) 1. Military ethics--Congresses. 2. Terrorism--Congresses. 3. Torture--Moral and ethi- cal aspects--Congresses. I. Lagacé-Roy, Daniel, 1960- II. Horn, Bernd, 1959- . III. Canadian Defence Academy IV. Canada. Canadian Armed Forces. Wing, 17 V. Title VI. Title: Th e war on terror - ethical considerations. U22.C36 2008 174’.9355 C2008-980178-4 Printed in Canada. 1 3 5 7 9 10 8 6 4 2 TABLE OF CONTENTS Foreword .................................................................................................i Preface ...................................................................................................iii Introduction ........................................................................................... v Chapter 1 Problems in Military Ethics of Fighting Terrorism Asa Kasher ......................................................................1 Chapter 2 Amoral Automatons: A Moral Critique of Superior Orders OF CONTENTS TABLE as a Defence to War Crimes Charges before the International Crime Court Christopher Penny .........................................................15 Chapter 3 When Honour and Strategic Advantage Converge: A Jomin- ian Argument for Abandoning Torture as a Tactic Intended to Contribute to Security in the Altered Strategic Landscape of Terror Warfare Davida Kellogg .............................................................47 Chapter 4 Terrorism: An International Crime Michael J. Lawless ..........................................................69 Chapter 5 Noble Ends: Torture and the Ethics of Counter-Terrorism Marc Imbeault ..............................................................97 Chapter 6 Ethical Responses to Terrorism: Establishing a Framework Alexander Bellamy and Shannon E. French ...................107 Chapter 7 Quarter and Jus in Bello: Meeting the Challenge of Ethical Uncertainty within the Asymmetrical Battlespace Richard J. Walker ........................................................133 Contributors ......................................................................................161 Index ..................................................................................................163 FOREWORD It gives me great pleasure to introduce Th e War on Terror: Ethical Consid- erations. Th is publication is another book released through the Canadian Defence Academy Press and represents an important contribution to both leadership and ethics bodies of literature. Th e signifi cance of this publica- FOREWORD tion is particularly interesting since it is the fi rst volume of proceedings from the 7th Canadian Conference on Ethical leadership (CCEL) held at the Royal Military College of Canada (RMC) on 28-29 November 2006. Th e second volume is entitled Ethical Decision-Making in the New Security Environment and it will follow shortly. More importantly, this current volume focuses on terrorism, which is a critical topic in today’s contem- porary security environment. In recent years, the world has experienced the full spectrum of what terrorism entails. Th e methods used for targeting objectives, the un- conventional attacks, their savagery and the unprecedented violation of international conventions has created an era of fear characterized by con- stant threats and terror. In response to these violations of human rights, and the asymmetric methodology by which they are conducted, the inter- national community entered in a Global War on Terror (GWOT), which represents various military, political, and legal actions taken to eradicate terrorism. Th e topics presented in this book provide a good opportunity for mili- tary members to challenge and refl ect on key themes related to the fi ght against terrorism. Th e present Canadian Forces operations are carried out in an environment in which extremes are present, and men and women in uniform are required to be well-informed about the demanding envi- ronment in which they fi nd themselves. Furthermore, this publication, along with others in the Strategic Leadership Writing Project series, cap- tures a range of subjects that contribute to the advancement of knowledge in the area of military leadership. Books within this project serve not only as a means for personal development but also as educational tools in the context of training and educational settings. In closing, I wish to reiterate the importance of this book, as well as all others in the Strategic Leadership Writing Project series. At the Canadian Defence Academy, we hope that our eff orts at providing well- The War on Terror – Ethical Considerations i researched, relevant and authoritative books on key operational topics both enlighten and empower those who serve in, and who interact with, the profession of arms in Canada. Major-General J.P.Y.D. Gosselin FOREWORD Commander, Canadian Defence Academy ii Proceedings from the 7th Canadian Conference on Ethical Leadership PREFACE Th e Canadian Forces Leadership Institute (CFLI) of the Canadian Defence Academy (CDA) is pleased to introduce Th e War on Terror: PREFACE Ethical Considerations. Th is publication is the fi rst volume of proceedings from the 7th Canadian Conference on Ethical Leadership (CCEL) held at the Royal Military College of Canada (RMC) on 28-29 November 2006. A second volume focusing on ethical decision-making in the contempo- rary security environment will follow shortly. Th e theme of the 2006 conference, “Ethical behaviour in an environment of chaos and complexity,” captured the reality of today’s world. Since 11 September 2001 (9/11), the world changed forever and we have en- tered into an epoch of fear characterized by a constant state of threat and terror. Th e fi ght against terrorism, commonly referred to as the Global War on Terror (GWOT) is an initiative embraced by many countries, in particular the United States, Great Britain and Canada, in response to this state of aff airs. Th e end result is an attempt to eradicate terrorism and to establish a global state of stability and order. Th e conference papers presented in this book address issues related to responses in fi ghting terrorism. It is not meant to be prescriptive or act as doctrine. It is merely a vehicle to share information and engage in dialogue. As such, we at CFLI believe that the Th e War on Terror: Ethical Considerations is a must read, as it will provide topics for discus- sion and engage the debate on understanding the current environment of terror. It can also serve as an educational tool for preparing military members to recognize and comprehend the complexity that they will face in operations. In the end, this publication is presented as part of CFLI’s continuing eff ort to assist with the development of eff ective military leaders. Editors The War on Terror – Ethical Considerations iii INTRODUCTION Th roughout time there have always been cataclysmic events that have changed history. Most would argue that the tragic occurrences of 11 Sep- tember 2001 (9/11), when terrorists hijacked fully fuelled commercial airliners and used them as munitions to attack the Twin Towers of the World Trade Center in New York, as well as the Pentagon in Washing- ton D.C., was such an event. In fact, the infl uential Economist magazine INTRODUCTION called 9/11 the day the world changed. Th is dramatic description is not undeserved. Aside from the approxi- mately