Ken Watkin
Encyclopedia
Brigadier General
Kenneth "Ken" Watkin, OMM
, CD
, QC
(born 1954) was Judge Advocate General
(JAG) of the Canadian Forces
from 2006 to 2010. He is an expert on military law.
He was promoted to Brigadier General
and appointed JAG effective April 2006, for a four-year term. In that position he was the top legal advisor to Canada's Governor General
, Defence Minister
, and the Canadian Forces.
In June 2010, the Israeli government appointed Watkin to be one of two international observers serving on an Israeli commission of inquiry looking into the events surrounding an Israeli raid on the Mavi Marmara.
, a non-identical triplet, along with a brother (Kerry) and sister (Kathy); he also has an older brother (Robert). He and his siblings attended Loyalist Collegiate.
Watkin is a graduate of the Royal Military College of Canada
(B.A., 1976) and Queen's University
Law School in Kingston, Ontario
, where he received Bachelor of Laws
and Master of Laws
degrees. From 2002 to 2003, Watkin was a Visiting Fellow at the Human Rights Program of Harvard Law School
.
. From 1993 on, he specialized in the field of operational law. He was counsel for a number of national and international investigations arising from the 1994 Rwandan Genocide
, and gave legal advice to Canadian commanders in Bosnia and to the Canadian Navy during a turbot
dispute with Spain. He has published widely on operational law, the law of armed conflict, discipline, and human rights
.
. He also questioned Labbe's "openness in reporting to higher headquarters." One Somali died, and the other was injured. memo was later used in an inquiry regarding allegations that Labbe and others in the chain of command tried to obscure or downplay the shooting. Watkin also testified that Lt.-Col. Carol Mathieu, who was charged with negligent performance of duty for allegedly ordering soldiers to fire on looters, that he was disturbed by comments Mathieu made to him. Watkin had been asked to brief the soldiers on the rules of war, and testified that Mathieu) said, "All that doesn't matter, you just throw down some loose rounds".
In the Canadian Afghan detainee issue, Watkin as Judge Advocate General wrote a May 2007 memo to Canadian military brass (then-chief of defence staff Gen. Rick Hillier
and Lt.-Gen. Michel Gauthier
) telling them that it would be a crime to ignore allegations of prisoner abuse and not investigate them. He advised the Canadian Forces command that they could be "criminally negligent" if they were to transfer detainees to a risk of torture in Afghan hands. Watkin declined to answer questions on the basis of solicitor-client privilege when called to testify in Canada's House of Commons, saying that the privilege owed to the Government of Canada prevented him answering a number of the House's questions. Craig Scott, an Osgoode Hall Law School
professor of international human rights
law, said: "If there's this paper trail of good legal advice going against what the government is doing, it's even more likely (the federal government violated its obligations under international law)."
.
The Commission will investigate whether Israel's actions in preventing the arrival of ships in Gaza were in accordance with international law
. It will focus among other things on the security considerations for imposing a naval blockade on the Gaza Strip and the conformity of the naval blockade with the rules of international law; the conformity of the actions during the raid to principles of international law; and the actions taken by those who organized and participated in the flotilla, and their identities.
On the Commission are former Israeli Supreme Court Justice, Jacob Turkel
, and former Technion University President, Amos Horev
, as well as two other members added in July 2010. (Shabtai Rosenne
, Bar Ilan University Professor of International Law, also served on the Commission from its establishment until his death on 21 September 2010.) In addition, the Commission has two foreign observers, Watkin and former First Minister
of Northern Ireland
, David Trimble, who will take part in hearings and discussions, but not vote on the final conclusions.
Brigadier General
Brigadier general is a senior rank in the armed forces. It is the lowest ranking general officer in some countries, usually sitting between the ranks of colonel and major general. When appointed to a field command, a brigadier general is typically in command of a brigade consisting of around 4,000...
Kenneth "Ken" Watkin, OMM
Order of Military Merit (Canada)
The Order of Military Merit is a military honour for merit that is, within the Canadian system of honours, the second highest order administered by the Governor General-in-Council, on behalf of the Queen of Canada...
, CD
Canadian Forces Decoration
The Canadian Forces Decoration is a Canadian award bestowed upon members of the Canadian Forces who have completed twelve years of military service, with certain conditions. By convention, it is also given to the Governor General of Canada upon his or her appointment as viceroy, which includes the...
, QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(born 1954) was Judge Advocate General
Judge Advocate General (Canada)
The Office of the Judge Advocate General for the Canadian Forces provides legal advice to commanders at bases and wings, provides lawyers who defend accused persons at courts martial, teaches courses to other CF members or advises a commanding officer in an operational theatre to uphold the ethical...
(JAG) of the Canadian Forces
Canadian Forces
The Canadian Forces , officially the Canadian Armed Forces , are the unified armed forces of Canada, as constituted by the National Defence Act, which states: "The Canadian Forces are the armed forces of Her Majesty raised by Canada and consist of one Service called the Canadian Armed Forces."...
from 2006 to 2010. He is an expert on military law.
He was promoted to Brigadier General
Brigadier General
Brigadier general is a senior rank in the armed forces. It is the lowest ranking general officer in some countries, usually sitting between the ranks of colonel and major general. When appointed to a field command, a brigadier general is typically in command of a brigade consisting of around 4,000...
and appointed JAG effective April 2006, for a four-year term. In that position he was the top legal advisor to Canada's Governor General
Governor General of Canada
The Governor General of Canada is the federal viceregal representative of the Canadian monarch, Queen Elizabeth II...
, Defence Minister
Minister of National Defence (Canada)
The Minister of National Defence is a Minister of the Crown; the Canadian politician within the Cabinet of Canada responsible for the Department of National Defence which oversees the Canadian Forces....
, and the Canadian Forces.
In June 2010, the Israeli government appointed Watkin to be one of two international observers serving on an Israeli commission of inquiry looking into the events surrounding an Israeli raid on the Mavi Marmara.
Early life and education
Watkin was born in Kingston, OntarioKingston, Ontario
Kingston, Ontario is a Canadian city located in Eastern Ontario where the St. Lawrence River flows out of Lake Ontario. Originally a First Nations settlement called "Katarowki," , growing European exploration in the 17th Century made it an important trading post...
, a non-identical triplet, along with a brother (Kerry) and sister (Kathy); he also has an older brother (Robert). He and his siblings attended Loyalist Collegiate.
Watkin is a graduate of the Royal Military College of Canada
Royal Military College of Canada
The Royal Military College of Canada, RMC, or RMCC , is the military academy of the Canadian Forces, and is a degree-granting university. RMC was established in 1876. RMC is the only federal institution in Canada with degree granting powers...
(B.A., 1976) and Queen's University
Queen's University
Queen's University, , is a public research university located in Kingston, Ontario, Canada. Founded on 16 October 1841, the university pre-dates the founding of Canada by 26 years. Queen's holds more more than of land throughout Ontario as well as Herstmonceux Castle in East Sussex, England...
Law School in Kingston, Ontario
Kingston, Ontario
Kingston, Ontario is a Canadian city located in Eastern Ontario where the St. Lawrence River flows out of Lake Ontario. Originally a First Nations settlement called "Katarowki," , growing European exploration in the 17th Century made it an important trading post...
, where he received Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
and Master of Laws
Master of Laws
The Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
degrees. From 2002 to 2003, Watkin was a Visiting Fellow at the Human Rights Program of Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
.
Pre-JAG
Watkin served as a Canadian Forces legal officer, starting in 1982, for 24 years prior to his appointment to JAG. He was trial counsel at courts martial and appellate counsel before the Canadian Court Martial Appeal CourtCourt Martial Appeal Court of Canada
The Court Martial Appeal Court of Canada hears appeals from military courts .In Canada, courts martial are presided over by independent military judges from the office of the Chief Military Judge...
. From 1993 on, he specialized in the field of operational law. He was counsel for a number of national and international investigations arising from the 1994 Rwandan Genocide
Rwandan Genocide
The Rwandan Genocide was the 1994 mass murder of an estimated 800,000 people in the small East African nation of Rwanda. Over the course of approximately 100 days through mid-July, over 500,000 people were killed, according to a Human Rights Watch estimate...
, and gave legal advice to Canadian commanders in Bosnia and to the Canadian Navy during a turbot
Turbot
The turbot is a species of flatfish in the family Scophthalmidae. It is native to marine or brackish waters of the North Atlantic, Baltic Sea and the Mediterranean Sea.-Etymology:...
dispute with Spain. He has published widely on operational law, the law of armed conflict, discipline, and human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
.
Somalia shooting inquiry
In the summer of 1994 when he was a Lieutenant-Colonel he wrote a legal review in which he said there was reason to question the investigation by Canadian Airborne Regiment Battle Group Col. Serge Labbe of a March 4, 1993, shooting by his men of two Somalis who were shot in the back as they ran away from the Canadian compound in Belet Huen, in what became known as the Somalia AffairSomalia Affair
The Somalia Affair was a 1993 military scandal later dubbed "Canada's national shame". It peaked with the brutal beating death of a Somali teenager at the hands of two Canadian soldiers participating in humanitarian efforts in Somalia. The crime, documented by grisly photos, shocked the Canadian...
. He also questioned Labbe's "openness in reporting to higher headquarters." One Somali died, and the other was injured. memo was later used in an inquiry regarding allegations that Labbe and others in the chain of command tried to obscure or downplay the shooting. Watkin also testified that Lt.-Col. Carol Mathieu, who was charged with negligent performance of duty for allegedly ordering soldiers to fire on looters, that he was disturbed by comments Mathieu made to him. Watkin had been asked to brief the soldiers on the rules of war, and testified that Mathieu) said, "All that doesn't matter, you just throw down some loose rounds".
As Judge Advocate General
The Judge Advocate General is the principal legal advisor to the Governor General, the Minister of National Defence, the Canadian Forces, and the Department of National Defence on military law matters. The JAG also his responsible for the administration of military justice. The JAG also has command over all Canadian legal officers who provide legal services, other than military judges.Afghan detainee issue
Rick Hillier
General Rick Hillier, CMM, MSC, CD , is the former Chief of the Defence Staff of the Canadian Forces. He held this appointment from February 4, 2005 to July 1, 2008. He retired on July 1, 2008, and was replaced by former Vice-Chief of the Defence Staff Walter Natynczyk...
and Lt.-Gen. Michel Gauthier
Michel Gauthier
Michel Gauthier is a Québécois politician, who served as leader of the Bloc Québécois from 1996 to 1997. He was Leader of the Opposition during this time.- Biography :...
) telling them that it would be a crime to ignore allegations of prisoner abuse and not investigate them. He advised the Canadian Forces command that they could be "criminally negligent" if they were to transfer detainees to a risk of torture in Afghan hands. Watkin declined to answer questions on the basis of solicitor-client privilege when called to testify in Canada's House of Commons, saying that the privilege owed to the Government of Canada prevented him answering a number of the House's questions. Craig Scott, an Osgoode Hall Law School
Osgoode Hall Law School
Osgoode Hall Law School is a Canadian law school, located in Toronto, Ontario, Canada and affiliated with York University. Named after the first Chief Justice of Ontario, William Osgoode, the law school was established by The Law Society of Upper Canada in 1889 and was the only accredited law...
professor of international human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
law, said: "If there's this paper trail of good legal advice going against what the government is doing, it's even more likely (the federal government violated its obligations under international law)."
Turkel Commission of Inquiry
On June 14, 2010, he was appointed as an observer to the Israeli special independent public Turkel Commission of Inquiry into the Gaza flotilla raidGaza flotilla raid
The Gaza flotilla raid was a military operation by Israel against six ships of the "Gaza Freedom Flotilla" on 31 May 2010 in international waters of the Mediterranean Sea...
.
The Commission will investigate whether Israel's actions in preventing the arrival of ships in Gaza were in accordance with international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
. It will focus among other things on the security considerations for imposing a naval blockade on the Gaza Strip and the conformity of the naval blockade with the rules of international law; the conformity of the actions during the raid to principles of international law; and the actions taken by those who organized and participated in the flotilla, and their identities.
On the Commission are former Israeli Supreme Court Justice, Jacob Turkel
Jacob Turkel
Jacob Turkel is an Israeli judge, and former Supreme Court of Israel Justice.His family immigrated to Israel in 1933 from Vienna, Austria. Turkel served as a judge for 38 years, a decade of that time on the Israeli Supreme Court...
, and former Technion University President, Amos Horev
Amos Horev
Amos Horev is an Israeli former Israeli Defense Forces major-general, Chief of Ordnance and subsequently Quartermaster General and Chief Scientist of the IDF, military expert, nuclear scientist, President of Technion University, and Chairman of Rafael.Horev has served on and headed a number of...
, as well as two other members added in July 2010. (Shabtai Rosenne
Shabtai Rosenne
Shabtai Rosenne , formerly known as Sefton Wilfred David Rowson was a Professor of International Law and an Israeli diplomat....
, Bar Ilan University Professor of International Law, also served on the Commission from its establishment until his death on 21 September 2010.) In addition, the Commission has two foreign observers, Watkin and former First Minister
First Minister and deputy First Minister
The First Minister and the Deputy First Minister , sometimes abbreviated to FM/DFM, are positions in the Northern Ireland...
of Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, David Trimble, who will take part in hearings and discussions, but not vote on the final conclusions.
Awards
- Maritime Commander's Commendation
- Appointed to the Order of Military MeritOrder of Military Merit (Canada)The Order of Military Merit is a military honour for merit that is, within the Canadian system of honours, the second highest order administered by the Governor General-in-Council, on behalf of the Queen of Canada...
(2002) - Appointed Queen's CounselQueen's CounselQueen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(Q.C.) (2006)
Books
- "Stability Operations: A Guiding Framework for 'Small Wars' and other Conflicts of the 21st Century?", Chapter in The war in Afghanistan: a legal analysis, Michael N. Schmitt, Government Printing Office, 2009, ISBN 1-884733-64-6
- "21st Century Conflict and International Humanitarian Law: Status Quo or Change?", Chapter in International law and armed conflict: exploring the faultlines, Michael N. Schmitt, Jelena Pejic, Yôrām Dinšṭein, Martinus Nijhoff Publishers, 2007, ISBN 90-04-15428-0
- Warriors without rights?: combatants, unprivileged belligerents, and the struggle over legitimacy, Kenneth Watkin, Harvard School of Public Health, Program on Humanitarian Policy and Conflict Research, 2005
Articles
- "Opportunity Lost: Organized Armed Groups and the ICRC 'Direct Participation in Hostilities' Interpretive Guidance", Kenneth Watkin, 42 NYU Journal of International Law and Politics 641, 2010
- "Assessing Proportionality: Moral Complexity and Legal Rules", 8 Yearbook of International Humanitarian Law 3, 2007
- "Tergeting: Pragmatism and the Real World", Ken Watkin, 8.2 The Canadian Army JournalThe Canadian Army JournalThe Canadian Army Journal serves as the primary forum for professional debate and discourse in the Canadian Army. Originally launched under this name in 1947, this quarterly peer-reviewed academic journal has survived to the present day under a series of different iterations, editorships, and...
66, Summer 2005 - "Canada/United States Military Interoperability and Humanitarian Law Issues: Land Mines, Terrorism, Military Objectives and Targeted Killing", Kenneth Watkin, 15 Duke Journal of Comparative & International Law 281, 2004–05
- "Controlling the Use of Force: A Role for Human Rights Norms in Contemporary Armed Conflict", Kenneth Watkin, The American Journal of International Law, 2004
- "Guerriers, obéissance et primauté du droit", Kenneth Watkin, 3 Le Bulletin de Doctrine et d'Instruction de l'Armee de Terre 24, Winter 2000/Spring 2001