73. Law of the Land: Geopolitics Through an International Lens with Dr. Joanna Siekiera

Joanna Siekiera is an international lawyer and Doctor of Social Sciences in public policy sciences. She studied under a New Zealand Government scholarship at the Victoria University in Wellington. Her specialization is legal and political relations in the South Pacific, and the law of armed conflict. She is prodigious author, having written a book, co-authored three monographs, over 90 scientific publications in several languages, and over 40 legal analyses.

In today’s podcast, we explore the legal aspects of Multi-Domain Operations and the protection of civilians, what we can learn from the on-going war in Ukraine as it pertains to U.S. policy and legal implications, and her concerns about security and policy in the Indo-Pacific. The following bullet points highlight key insights from our interview:

• Dr. Siekiera’s goal is to advise commanders on how to lawfully accomplish their military aims by understanding legal possibilities.

• Law is important, both as a discipline and within the context of society. Societal and cultural context help us to accurately analyze a conflict and understand the initial ideas and values that send countries to war, in order to respond appropriately and proportionally.

• There are no ethics in international law – one country’s system of values may not translate to another, creating differences in approaches to the law of armed conflict. Context and history can teach us why countries may see things differently and help to predict further actions.

• Dr. Siekiera uses the terms “East” and “West” not to divide but to make people aware that the two are not the same. Assuming that an adversary shares your cultural values is a dangerous and misleading bias — mirror-imaging — that threatens security. Alliances between nations are maintained when a shared identity is fostered.

• The legal aspects of Multi-Domain Operations and the protection of civilians are not being treated with the requisite importance. Although international laws exist to protect civilians in armed conflicts, a nation that does not hold the same values cannot be relied upon to comply with these otherwise widely accepted humanitarian laws. This must be recognized when planning all aspects of military operations.

• China – the biggest threat not only to western civilization but to NATO – slowly influences economic and societal changes in surrounding nations, quietly creating a military threat decades before it is recognized. Although NATO falls outside the Indo-Pacific region, China is still a threat through its influence in nearby nations.

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