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Cathcart's thesis was entitled, "Persons detained in the campaign against unlaw- ful combatants 2003-2004." Is anything more timely right now? And the JAG TV show? "It's very accur- ate," he replies, straight-faced. Really? "Yes, I often hop on my private F-18 and fly across the country to interview a witness," he jokes. "I can tell you though, that when the JAG show came on, it did a lot for our recruiting. It was the same with the movie A Few Good Men." Cathcart says his biggest challenge as a military lawyer goes back to Sept. 11, 2001, when he was director of operational law for the office of the JAG in Ottawa. "9-11, and 12 and 13," he says. The three most challenging days in his career. "How were we going to react? Many would have said at the time that 9-11 was a criminal act, not a military attack on a state," he recalls. That would have meant police action, not military retaliation. The military had to make the case to the federal politicians if Canada was to go to war. The JAG was involved. "There is the concept in law of an armed attack on a state, but for us could a non-state entity commit an attack on a state?" says Cathcart. At first even the United Nations would not condone an attack on Afghanistan in retaliation for Sept. 11. The Americans went to NATO, invoked Art. 5 that says an armed attack on a NATO member state allows "collective self-defence" of all NATO members. And so Canada went to war. The rest is history. Under our laws, says Cathcart, "any- thing that could involve our military, involves the JAG." And that includes send- ing Navy ships to Haiti after a hurricane. You can't just arrive down in Haiti without prior legal agreements which spell out precisely where Canadian ships can dock (Jacmel, not Port-au-Prince), what status our troops will have, under whose author- ity they will be, what they will be able to do or not do, and when they will have to leave. All legal questions. Then there were the Olympic Games. At one time JAG had 13 lawyers there. And yes, "we had military in Toronto for the G20." But general, we didn't see your soldiers in the streets in Toronto! "Good," he snaps back and smiles. JAG officers also work on the legality of intelligence gathering in foreign countries. "What are the limits of gathering or shar- ing intelligence abroad?" asks Cathcart. Agreements must be made ahead of time with friendly countries. "Cyberspace war is also a big area. Are defensive operations legal? How far can you go in defending yourself by disabling computers of an entire nation? And robotics! Does the law account for what you can do to humans with robots on the battlefield?" Cathcart's four-year appointment began in April and he sees no end to the legal issues he'll have to deal with. There is "absolutely" no other job in the world he would rather do. Military Law and Operations Ensure you have all the legal information you need when working with the Canadian military Military Law and Operations is the first looseleaf publication to examine Canadian military law and operations, and the legal issues of the soldier from a Canadian perspective. This resource fills the need for a single source of information where you can readily access information on defence, armed forces and military law, as well as the legal dimensions of operations. Find detailed discussion on topics such as: • legislative and civilian control over armed forces • courts martial Order your copy today Looseleaf & binders (2) • $232 Releases invoiced separately (1-2/yr) P/C 0266030000 ISSN 1918-2236 • domestic operations • UN operations • rules of engagement • war crimes • the historical background to Canadian military law Organized for easy reference, Military Law and Operations includes Appendices containing key statutes and case law summaries as well as comprehensive lists of recent courts martial and appeal cases summarized to provide quick access to charge and sentencing information. canadalawbook.ca For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book, a Thomson Reuters business. Prices subject to change without notice, to applicable taxes and shipping & handling. CL1010 www. C ANADIAN Law ye rmag.com OC T OBER 2010 19 Dr. Chris Madsen Professor, Royal Military College of Canada and Canadian Forces College