草莓污视频导航

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Nov. 29, 2023

New 草莓污视频导航 course asks the question, Are there laws of war?

Faculty of Law course taught by Canadian Armed Forces former member

As we watch wars unfold in Ukraine and the Middle East, you may wonder if there are any actual laws of conflict or war. Can there be a balance between humanitarian values and military necessity during armed conflict? Can civilians, their homes, and critical infrastructure be protected? 

These are just some of the questions Lieutenant Colonel (retired) Brent Clute, BA鈥89, hopes to help his students answer in the new course Law of Armed Conflicts. 

Brent Clute with his dog, who is wearing a bandana around its neck

Lieutenant Colonel (retired) Brent Clute, BA鈥89 is teaching Law of Armed Conflicts, a new course in the Faculty of Law.

鈥淚n times of war or conflict, decisions are made very quickly, and those decisions often rely on gut instinct,鈥 says Clute, formerly in charge of the in Kingston, Ont., which provides legal education and training for the Canadian Armed Forces.

鈥淲e need to ensure that these instincts are based on a solid comprehension of fundamental legal principles such as distinction. Militaries must always distinguish between civilians and civilian objects, and military objectives and combatants, namely who and what can be legally targeted. Additionally, those making decisions need to have access to timely legal advice.鈥   

Trusting your gut is key 

Lawyers practising in armed conflict law must be able to provide on-the-spot advice and able to put their feelings about a perceived threat or enemy aside to advise their clients. 

鈥淪ometimes you鈥檙e the only person in the room saying, 鈥榃ait, we need to think about the rule of law and how things are done, this is how we need to conduct ourselves, this is what the law is,鈥欌 adds Clute, who served for more than 24 years with the Canadian Forces including in Afghanistan, Bosnia and Hercegovina, and the Arabian Gulf.

鈥淭here can be immense pressure to get on board and approve what the commander wants.鈥  

Where things can get complicated, explains Clute, are situations of non-international armed conflict, that is, not a conflict between two or more states but against an organized armed group such as the nearly 20-year conflict against the Taliban in Afghanistan.

鈥淭he Taliban had fighters or a militant wing, but they didn鈥檛 have a uniformed armed forces like Canada and our allies. In such cases, distinction is more challenging, that is, identifying who can and cannot be targeted.鈥 

鈥淚n cases like this, under human rights law you can target people and use deadly force if there is an immediate threat and there鈥檚 no other alternative, that is to say, force is necessary and proportional to the threat you鈥檙e facing. But under the law of armed conflict, generally such fighters and members of an enemy organized armed group can also be targeted even when they aren鈥檛 an immediate threat.鈥  

Ryan Millar, JD鈥23

Ryan Millar, JD鈥23

Concepts can be useful beyond the battlefield 

Ryan Millar, JD鈥23, an articling student with Student Legal Assistance, returned to legal studies as an Open Studies student specifically to take the course.

鈥淭he subject matter is unlike anything else you can take in law school, focusing on how to practically apply the law when states or armed groups resort to violence, a topic that is becoming increasingly important.鈥

For students who may not be considering a legal career in the military, concepts taught in the class can be just as useful in the boardroom as on the battlefield.

鈥淏eing able to think on your feet and to react quickly is beneficial in any area of the law,鈥 says Clute. 鈥淵ou鈥檙e always trying to get to 鈥榶es鈥 with your client, to find a solution to their problem. And often you need the courage to say something鈥檚 not right or there鈥檚 a risk.鈥 

Brenna Findlay

Third-year student Brenna Findlay

Third-year student Brenna Findlay agrees. 

鈥淭he course teaches students how to respond to practical situations, which has allowed me to put the law in its context and to consider the various factors at play,鈥 she says.

鈥淚 feel extremely lucky to have had the opportunity to take this course, to understand a bit more about the world, and to study a different area of law.鈥 


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