Kenneth "Ken" Watkin | |
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Born | Kingston, Ontario, Canada [1] | November 3, 1954
Alma mater |
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Known for | Former Judge Advocate General of the Canadian Forces |
Notable work |
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Predecessor | Maj.-Gen. Jerry Pitzul |
Successor | Brig.-Gen. B. Blaise Cathcart |
Spouse | Maureen [1] |
Children | three daughters [1] |
Brigadier General Kenneth "Ken" Watkin, OMM CD KC (born 1954) is a Canadian lawyer, soldier and jurist. Watkin was Judge Advocate General (JAG) of the Canadian Forces from 2006 to 2010. [1] He is an expert on military law. [2] [3]
He was promoted to brigadier general and appointed JAG effective April 2006, for a four-year term. [4]
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 . [5]
Watkin was born in Kingston, Ontario, a non-identical triplet, along with a brother (Kerry) and sister (Kathy); he also has an older brother (Robert). [6] He and his siblings attended Loyalist Collegiate. [6]
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. [7]
Ken Watkin started his career as an infantry officer in the Royal Canadian Regiment. His first tour of duty after graduating from The Royal Military College was with the Royal Canadian Regiment battalion in Gagetown New Brunswick.
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 Court. [1] [4] He worked as legal counsel on several investigations into the 1994 Rwandan genocide, and counselled Canadian naval commanders in Bosnia and during a fisheries dispute with Spain. [1] [4] He has written papers on the topics of human rights, international humanitarian law, and military operational law. [4]
In the summer of 1994 when he was a Lieutenant-Colonel he wrote a legal review in which he questioned the conclusions of an investigation by Canadian Airborne Regiment Battle Group Col. Serge Labbe of an incident later known as the Somalia Affair, where two Somalis were shot while fleeing from the Canadian compound in Belet Huen on March 4, 1993. One of the men died. [8] He also questioned Labbe's "openness in reporting to higher headquarters." [8] Watkin's paper, which concluded that the Canadian military had attempted a cover-up, was considered during the inquiry into the events of that day. [8] Watkin testified that he was disturbed by comments made by Lt.-Col. Carol Mathieu, who was charged with negligent performance of duty for allegedly ordering soldiers to fire on looters. Watkin had been asked to brief the soldiers on the rules of war. He testified that Mathieu said, "All that doesn't matter, you just throw down some loose rounds". [3]
In the Canadian Afghan detainee issue, Watkin as Judge Advocate General wrote a May 2007 memo to Chief of Defence Staff Gen. Rick Hillier and Lt.-Gen. Michel Gauthier telling them that it would be a crime to fail to investigate allegations of prisoner abuse. [9] 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. [9] [10] 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)." [9]
On June 14, 2010, he was appointed as an observer to the Israeli special independent public Turkel Commission of Inquiry into the Gaza flotilla raid. [11] [12]
The Commission investigated whether Israel's actions in preventing the arrival of ships in Gaza were in accordance with international law. [12] Its focus was, 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. [12]
On the Commission were 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. [13] ) In addition, the Commission had two foreign observers, Watkin and former First Minister of Northern Ireland, David Trimble, who took part in hearings and discussions, but did not vote on the final conclusions. [14] [15]
William David Trimble, Baron Trimble, was a Northern Irish politician who was the inaugural First Minister of Northern Ireland from 1998 to 2002, and leader of the Ulster Unionist Party (UUP) from 1995 to 2005. He was also Member of Parliament (MP) for Upper Bann from 1990 to 2005 and Member of the Legislative Assembly (MLA) for Upper Bann from 1998 to 2007.
The Free Gaza Movement (FGM) is a coalition of human rights activists and pro-Palestinian groups formed to break Egypt and Israel's blockade of the Gaza Strip and publicise the situation of the Palestinians there. FGM has challenged the Israeli–Egyptian blockade by sailing humanitarian aid ships to Gaza. The group has more than 70 endorsers, including the late Desmond Tutu and Noam Chomsky.
A blockade has been imposed on the movement of goods and people in and out of the Gaza Strip since Hamas's takeover in 2007, led by Israel and supported by Egypt. The blockade's current stated aim is to prevent the smuggling of weapons into Gaza; previously stated motivations have included exerting economic pressure on Hamas. Human rights groups have called the blockade illegal and a form of collective punishment, as it restricts the flow of essential goods, contributes to economic hardship, and limits Gazans' freedom of movement. The blockade and its effects have led to the territory being called an "open-air prison".
The Gaza War, also known as Operation Cast Lead, also known as the Gaza Massacre, and referred to as the Battle of al-Furqan by Hamas, was a three-week armed conflict between Gaza Strip Palestinian paramilitary groups and the Israel Defense Forces (IDF) that began on 27 December 2008 and ended on 18 January 2009 with a unilateral ceasefire. The conflict resulted in 1,166–1,417 Palestinian and 13 Israeli deaths. Over 46,000 homes were destroyed in Gaza, making more than 100,000 people homeless.
Michael Sfard is an Israeli lawyer and political activist specializing in international human rights law and the laws of war. He has served as counsel in various cases on these topics in Israel. Sfard has represented a variety of Israeli and Palestinian human rights and peace organizations, movements and activists at the Israeli Supreme Court.
The United Nations Fact Finding Mission on the Gaza Conflict, also known as the Goldstone Report, was a United Nations fact-finding mission established in April 2009 pursuant to Resolution A/HRC/RES/S-9/1 of the United Nations Human Rights Council (UNHRC) of 12 January 2009, following the Gaza War as an independent international fact-finding mission "to investigate all violations of international human rights law and international humanitarian law by the occupying Power, Israel, against the Palestinian people throughout the Occupied Palestinian Territory, particularly in the occupied Gaza Strip, due to the current aggression". South African jurist Richard Goldstone was appointed to head the mission. The other co-authors of the Report were Hina Jilani, Christine Chinkin and Desmond Travers.
Shabtai Rosenne was a Professor of International Law and an Israeli diplomat. Rosenne was awarded the 1960 Israel Prize for Jurisprudence, the 1999 Manley O. Hudson Medal for International Law and Jurisprudence, the 2004 Hague Prize for International Law and the 2007 Distinguished Onassis Scholar Award. He was the leading scholar of the World Court - the PCIJ and ICJ and had a widely recognized expertise in treaty law, state responsibility, self-defence, UNCLOS and other issues of international law.
The Gaza flotilla raid was a military operation by Israel against six civilian ships of the "Gaza Freedom Flotilla" on 31 May 2010 in international waters in the Mediterranean Sea. Nine of the flotilla passengers were killed during the raid, with thirty wounded. Ten Israeli soldiers were wounded, one seriously. The exact sequence of events is contested, in part due to the IDF's confiscation of the passengers' photographic evidence. The flotilla, organized by the Free Gaza Movement and the Turkish Foundation for Human Rights and Freedoms and Humanitarian Relief (İHH), was carrying humanitarian aid and construction materials, intending to break the Israeli naval blockade of the Gaza Strip.
MV Mavi Marmara is a Comoros-flagged passenger ship, which was formerly owned and operated by İDO Istanbul Fast Ferries Co. Inc. on the line Sarayburnu, Istanbul-Marmara Island-Avşa Island in the Sea of Marmara. Built at the Golden Gate Shipyard by Turkish Shipbuilding Co. in 1994, the ship has a capacity of 1,080 passengers. It is best known for its participation in the Gaza Freedom Flotilla and the deadly confrontation that took place on it during the Gaza flotilla raid.
Reactions to the Gaza flotilla raid on 31 May 2010 ranged from fierce condemnation to strong support for Israel.
Many legal assessments of the Gaza flotilla raid were published subsequent to the event. International law experts differed over the legality of the action by Israel. The force necessary to respond to violent resistance and whether the force that was used was proportionate were disputed.
The San Remo Manual on International Law Applicable to Armed Conflicts at Sea was adopted in June 1994 by the International Institute of Humanitarian Law after a series of round table discussions held between 1988 and 1994 by diplomats and naval and legal experts. It is "the only comprehensive international instrument that has been drafted on the law of naval warfare since 1913."
The Gaza Freedom Flotilla was a small fleet of ships organized in 2010 by the Free Gaza Movement and the Turkish Foundation for Human Rights and Freedoms and Humanitarian Relief (İHH) carrying humanitarian aid and construction materials with the intention of breaking the Israeli blockade of the Gaza Strip. In typical circumstances, aid is first brought to Israel to be inspected and then transferred to Gaza.
Jacob Turkel was an Israeli judge who was a Supreme Court of Israel Justice. Turkel served as a judge for 38 years, a decade of that time on the Israeli Supreme Court. In June 2010, he was appointed to head the Israeli special independent Turkel Commission of Inquiry into the Gaza flotilla raid.
The Turkel Commission was an inquiry set up by Israeli Government to investigate the Gaza flotilla raid, and the Blockade of Gaza. It was led by Israeli retired Supreme Court Judge Jacob Turkel. The other initial members of the commission were former President of the Technion and military expert, Amos Horev, and professor of international law, Shabtai Rosenne, who died in September 2010. The probe was overseen by two International observers: William David Trimble, former Leader of the Northern Irish Ulster Unionist Party and Northern Irish First Minister, a Nobel Peace Prize laureate, and Canadian former military judge Ken Watkin.
Amos Horev is an Israeli military official and expert. He served as a commander in the Palmach the elite force of the Haganah before the founding of the state, and was later an Israel Defense Forces (IDF) Major-General, Chief of Ordnance and subsequently Quartermaster General and Chief Scientist of the IDF, nuclear scientist, President of Technion University, and Chairman of Rafael. In June 2010, he was appointed to the Israeli special independent Turkel Commission of Inquiry into the Gaza flotilla raid.
Events in the year 2010 in Israel.
"Freedom Flotilla II – Stay Human" was a flotilla that planned to break the maritime blockade of the Gaza Strip by Israel by sailing to Gaza on 5 July 2011. Ultimately, the sailing did not take place.
The United Nations Fact Finding Mission on the 2014 Israel–Gaza conflict was a United Nations fact-finding mission established by a resolution of the United Nations Human Rights Council (UNHRC) on 23 July 2014 to investigate "all violations of international humanitarian law and international human rights law ... in the context of the military operations conducted since 13 June 2014" in the Palestinian territories, particularly the Gaza Strip, during the 2014 Israel–Gaza conflict.
National reactions to the Gaza flotilla raid on 31 May 2010 ranged from support to strong condemnation of Israel. Those supporting Israel generally also expressed concern for the loss of life and injuries to civilians. Criticism included the death and injuries of civilians, the disproportionate response, and the execution of the raid.
Kenneth watkin.