A Matter of Law, A Matter of Honor

Aggression against Canada, Civil-military Relations, and the Duty to Resist

165 Canadians were killed in the course of the war in Afghanistan. More than 40,000 Canadians served in the country, many suffering physical, psychological, or moral injury. It was not Canada that was attacked on 9/11, but they fought nevertheless. In this piece I will speak primarily of relations between Canada and the United States, but the principles extend to all countries to which we have bound ourselves—many apply universally.

Image source: https://www.cbc.ca/news/politics/afghan-cenotaph-dedication-again-1.5250149

These men and women answered the call of their country, but their country called because America asked it of them. Only once in the history of NATO was the alliance called to its obligation, and that was on behalf of the United States. Their blood was shed in our name. Not just the fallen, but all who served create a debt of honor to which we all owe a share. To abandon our allies would be a betrayal of that commitment—defaulting on the debt, to continue the metaphor, not out of poverty, but out of sheer faithlessness.

For all us who oppose the current government, our very citizenship nevertheless implicates us. For our government to commit aggression against an ally is a desecration of our collective national honor. It is difficult to put into words the magnitude of disgrace and self-condemnation this would bring. There is good reason that Dante filled the 9th circle of the Inferno with those who betrayed bonds of love and trust. Aggression against Canada would place America in the company of Judas and Cain. How then may we deliver our nation from so grim a fate?

The task will not be an easy one. To be clear: the president, as commander in chief, has lawful authority and broad discretion to issue orders. Congress is vested with the power to declare war, but this has not been used since 1941. Instead, it has issued simpler authorizations for the use of force. These could be twisted so as to give nominal legality to acts of aggression against Canada.

“To initiate a war of aggression, therefore, is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole."

International Military Tribunal at Nuremberg

Regardless of any interpretations by the Department of Justice, Supreme Court, or even acts of Congress there is a fundamental truth: aggression is illegal.

This is a principle higher than that of any written law. As we established at the Nuremberg Trials, legal orders are not a defense for criminal conduct. The laws proscribing aggression are higher than anything put to paper (though the UN Charter—which is binding by ratification through Congress—explicitly prohibits it). Wars of aggression consist of crimes of murder and tyranny and so are grave violations of natural and inalienable rights of all men. As such, it is imperative that all citizens—both in and out of uniform—resist by all means attempts at aggression. An attempt to conquer Canada, Greenland, Panama, or wherever else would be a crime—against humanity and against our nation. For the sake of our national honor, for our individual consciences, and for all mankind, we must be prepared to act in resistance. Are we not our brother’s keeper?

For the public, this means mass protests and strikes. The collective action problems that have hobbled previous protest movements will not be in play when opposing a war of aggression. There can be no ambiguity about demands nor is there a danger of the movement shifting focus. The nature of the crisis means it is a matter of resisting until the aggression ceases. The challenge is in achieving mass engagement in the first place.

However, the greater part of the responsibility and capacity falls to each citizen in uniform. The obligation to refuse illegal orders is absolute. This is a matter rarely discussed in civil-military relations but when the order to undertake a war of aggression comes down from civilian authority a line in the sand is drawn. Everyone—from private to general—must decide where they stand. The “primacy of policy” (the principle that political leadership has the final say in military decisions) is about ensuring military conduct is congruent with the political goals of the war. It in no way absolves or diminishes the responsibility of individuals for levying war in pursuit of criminal aims. The obligations of citizenship and humanity do not vanish with the donning of a uniform.

What’s more, our bond in blood to our allies is inviolable. Every soldier, sailor, and airman should be prepared to mutiny rather than permit their honor to be sold so cheaply. If the President orders aggression against Canada, the response should be no less than if he ordered the bombing of the war cemeteries in Normandy where Americans and Canadians rest side by side.

Bény-sur-Mer Canadian War Cemetery in Normandy, near Juno Beach

If we fail to prevent aggression against Canada, in the aftermath all participants should be tried in line with the precedent of Nuremberg. It is necessary that crimes against humanity meet the severest penalty, pour encourager les autres. The decision to refuse illegal orders cannot be easy, but foreknowledge of the consequences of failure to do so can strengthen the resolve of the hesitant. It is also vital to impress the deadly seriousness of the matter. No one should imagine that obeisance is a safe road.

Justice for the crime of aggression is often denied. The culprits rarely fall into the hands of those that could pass judgment. Justice may be politically infeasible in the aftermath even when it is technically possible. For this reason, giving in to illegal orders may seem like the easy road. Apparent impunity makes it tempting.

But this is where honor comes in. Who are you if you take part in crimes against humanity? What are you? When asked to play your part in aggression there will inevitably be costs to refusing. But the costs of compliance should never be forgotten. Each of us has a whole lifetime to live with ourselves. We must be prepared to live lives that can endure retrospection. That may entail sacrifice, but the alternative is to surrender our personal honor and dignity as well as that of America as a whole.