Rules constrain power.
Until power tests the rules.
That tension shapes security.
Discover why rule of law still matters in national defence.
Law, Legitimacy, and Limits
Rule of Law as a Vital National Interest
Part of the Rocky Mountain Conference on Security and Defence
Sovereignty, legitimacy, and the foundations of national defence have come under sustained pressure in recent years. In response, RAUSI has been examining how Canada and its allies in the U.S., Europe, and NATO articulate and apply national security strategies through our RMCSD Fireside Chats. Across four discussions, one objective was common: the need to advance and protect vital national interests.
RAUSI now turns to examining those interests directly. This Fireside Chat opens a new series focused on vital national interests, beginning with rule of law. In democratic states, rule of law underpins centralized legal systems in which citizens are subjects of enforceable domestic law. It provides predictability of conduct, equitable treatment before tribunals, and legitimacy of outcome. These conditions are essential to effective governance and public trust.
Beyond national borders, rule of law functions differently. States operate within a decentralized, consent-based international legal order shaped by treaties, custom, and shared norms. This system aspires to be rules-based, but its limited enforceability and varying interpretations can create what is often described as a “fog of law.”
In defence and security contexts, rule of law is intended to support recognition of sovereignty and restraint in the use of power. Legal norms, however, do not always produce their intended effects. What remains constant is a core principle: the survival of the state—sovereignty itself.
Law, Legitimacy, and Limits brings together two senior allied military jurists to explore how rule of law functions as a vital national interest, shaping legitimacy, constraining state action, and influencing decision-making in an increasingly contested security environment:
- Lieutenant General Joseph B. Berger III (Retired), former Judge Advocate General of the U.S. Army
- Brigadier-General Ken Watkin, OMM, CD, KC (Retired), former Judge Advocate General of the Canadian Armed Forces
As with previous RMCSD Fireside Chats, the aim is not advocacy, but clarity. The discussion will examine assumptions, test frameworks, and encourage informed reflection on the legal foundations of sovereignty and national defence.
Thursday, 26 February 2026
1900 hours (Mountain) via Zoom
(1800 PST / 2100 EST / 0300 CET 27 Feb)
Featuring Two Senior Military Jurists
Lieutenant General Joseph B. Berger III (Retired) served as the Judge Advocate General of the United States Army until February 2025. In that role, he was the Army’s senior legal advisor, responsible for providing legal guidance across the full spectrum of military operations, national security matters, and international engagements.
Over a distinguished career spanning more than three decades, LtGen Berger advised senior civilian and military leaders on the application of domestic and international law, including the law of armed conflict, military justice, and the legal frameworks governing the use of force. His experience includes operational, strategic, and institutional roles, giving him a deep understanding of how law shapes military decision-making in practice.
LtGen Berger’s perspective reflects the realities of applying legal principles in complex, contested security environments, where legitimacy, authority, and operational necessity intersect.
Brigadier-General Ken Watkin, OMM, CD, KC (Retired) served as the Judge Advocate General of the Canadian Armed Forces until 2010. As Canada’s senior military legal officer, he was responsible for advising the Government of Canada and the Canadian Armed Forces on military law, international law, and operational legal issues.
During his career, BGen Watkin provided legal guidance on Canadian and multinational operations and played a key role in shaping the application of the law of armed conflict, military justice, and the legal dimensions of sovereignty and the use of force. Following his military service, he has remained deeply engaged in legal scholarship, writing and speaking extensively on national security law, international humanitarian law, and the rule of law in armed conflict.
His work bridges legal theory and operational reality, offering a Canadian perspective on how law enables, constrains, and legitimizes state action in defence and security contexts.
Part of the Vital National Interests Series
This Fireside Chat continues RAUSI’s Vital National Interests series, extending national security analysis beyond defence policy to include the institutional foundations that sustain sovereign decision-making.
Law, Legitimacy, and Limits: Rule of Law as a Vital National Interest
Rules constrain power. Until power tests the rules. That tension shapes security. Discover why rule of law still matters in national defence.
Money, Power, and Sovereignty: Why Central Bank Independence is a Vital National Interest
Money creates power. Power pressures money. Central banks stand between them. Discover why their independence is a vital national interest.
Capital, Competition, and Canada: Economic Strength as a Vital National Interest
Canada’s economic strength shapes its choices. Our capabilities are being tested and new alliances are taking shape. Explore how economic strength supports Canada’s independence.
Watch VideoWatch for details of our next RMCSD presentation.
The Rocky Mountain Conference on Security and Defence (RMCSD) is a signature initiative of the Royal Alberta United Services Institute (RAUSI).
RMCSD brings together subject matter experts and the public for non-partisan, hour-long online dialogues exploring the full spectrum of global security and defence issues. Each session begins with focused insights from our speakers, followed by open discussion and audience Q&A.
Our goal is to foster informed, thought-provoking dialogue that helps Canadians better understand the challenges and opportunities shaping today’s security environment.
Learn more about RAUSI and our mission.