U.S. Indo-Pacific Command 

International Military Law and Operations Conference

Cooperating to Defend the Rules-Based International Order in the Indo-Pacific

Colleagues, 

As I reflect on our time with you in Bali, I keep coming back to the view from the stage. Our 

speakers, panels, and presentations were all insightful, but it was the participation of each of 

you --- our most representative group of legal advisors assembled in 34 years --- that made 

this event so special. Thank you again for the time spent to attend and for your contributions 

to such a memorable and important event. 

This record of proceedings is a summary of the events of this conference as well as our 

assessment of key takeaways and the resolutions we have made going forward. Any 

mischaracterizations below are unintentional and the result of our oversight. Please contact 

me directly to ensure any necessary corrections. 

I look forward to your feedback as we continue our cooperation to defend the rulesbased international order in this region. As one senior national representative remarked, 

“if our collective goal is to deter conflict, we should never underestimate the power of great 

lawyers.”

D. D. FLATT

Captain, U.S. Navy

Staff Judge Advocate

U.S. Indo-Pacific Command

dom.flatt@pacom.mil

-- RECORD OF PROCEEDINGS -

Nearly 200 delegates from more than 30 countries gathered for the 34th annual International Military 

Law and Operations Conference (MILOPS 23) in Bali, Indonesia, 31 July – 3 August 2023. MILOPS 

23 featured the highest level of international participation in the conference’s history and an 

unmatched slate of prominent speakers and attendees. Keynote addresses were delivered by Admiral 

John C. Aquilino, Commander, U.S. Indo-Pacific Command (USINDOPACOM); Lt Gen (ret) 

Muhammad Herindra, Deputy Minister of Defense (MINDEF), Indonesia; the Honorable Dr. Kevin 

Rudd, Australia’s Ambassador to the United States and former Prime Minster of Australia; the 

Honorable Yohannes Abraham, U.S. Ambassador to the Association of Southeast Asian Nations 

(ASEAN); and Vice Admiral Darse E. “Del” Crandall, U.S. Navy Judge Advocate General (JAG). 
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The theme for MILOPS 23 was Cooperating to Defend the Rules Based International Order in the 

Indo-Pacific. Consistent with this theme, participants engaged with leading experts and contributed to 

panel discussions and a syndicate exercise to expand cooperation and uphold international law, rules, 

and norms. Topics 

discussed at MILOPS 23 

included serious and 

sustained challenges to the 

rules-based international 

order, such as Russia’s 

illegal invasion of 

Ukraine and its 

implications on IndoPacific security; 

excessive maritime and 

territorial claims in the 

South China Sea; and 

security impacts of 

climate change.

MILOPS 23 addressed these challenges through dialogue that forged person-to-person ties, built 

consensus on regionally significant aspects of international law, and advanced mechanisms for 

continued collaboration. Highlights were as follows: 

 In his opening remarks, Ambassador Abraham set the scene for discussions to follow, noting

that “the relationships built in this room are based not just on a shared profession of law, but

on shared values, shared respect, and a shared commitment to maintaining peace and

stability.” He went on to underscore U.S. support for ASEAN centrality and Indonesia’s role

as an “anchor of peace and prosperity” in the region.

 Deputy MINDEF Herindra’s address emphasized collaboration and “transparent discussion”

to achieve peaceful resolution of disputes. “These collaborative actions should become our

commitment and determination,” he said. During a bilateral session with Admiral Aquilino,

Deputy MINDEF Herindra commented that “America is [Indonesia’s] counterpart in

maintaining regional stability.” Admiral Aquilino replied, “we will continue to maintain

regional security; and of course, we will continue to do so, together with you.”

 Admiral Aquilino’s address

served as a call to action to

“prevent conflict.” The rulesbased international order

(RBIO) is “under attack,” he

said. He went on to challenge all

MILOPS 23 participants to

defend international law, rules,

and norms, and to publicly

oppose actions that threaten

regional peace and security. “No

one is better suited to interpret

and uphold international law

than the people in this room,” he

said.

 Ambassador Rudd’s remarks underscored the complexity and breadth of challenges across the

Indo-Pacific region. He touched on the People’s Republic of China’s (PRC) strategy and
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ambitions; the effects of climate change on regional security; and the unique challenges 

facing pacific island nations. Like other keynote speakers, he emphasized the benefits of

cooperation in maintaining peace and security. “It pays to hunt in packs, or sing as a chorus” 

he said. 

 Vice Admiral Crandall focused on legal cooperation as a means to defend the RBIO and said

“I encourage you to build trust and a culture of legal transparency by asking each other hard

questions about issues on which we may disagree,”. In closing, he recommended

“coordinating and synchronizing legal positions to build strength in numbers” and “taking

advantage of this venue to form relationships, build legal networks, and establish mechanisms

for communication and information sharing.”

 During the first substantive presentation of MILOPS 23, Rear Admiral Samuel H. H. Kowaas,

Deputy Director of Information, Law, and Cooperation (Indonesia) described the ASEAN

Coast Guard Forum’s recent efforts as an example of cooperation to advance regional

maritime security. By spotlighting the ASEAN Coast Guard Forum’s emphasis on

information sharing, capacity building, and regular dialogue, Rear Admiral Kowaas

foreshadowed several key themes that consistently arose throughout MILOPS 23.

 The first MILOPS 23 panel discussion dealt with lessons-learned from Russia’s illegal

invasion of Ukraine. Moderated by Dr. Ian Ralby and featuring legal experts from Ukraine

and Romania, the panel served as a stark reminder of the fragility of the RBIO in the face of

current threats and challenges. As one panelist remarked, Russia’s blatant disregard for

international law underscores the need for all nations to “be ready.” To preserve peace and

security in the Indo-Pacific region, Dr. Ralby suggested that MILOPS 23 participants

consider “the law as an asset.”

 Day 2 of MILOPS 23 commenced with a

memorable panel moderated by Cleo Paskal and

featuring senior leaders from the Pacific Island

nations of Palau, Fiji, Nauru, Tuvalu, and the

U.S. state of Hawaii. One panelist remarked that

climate change is an “existential threat” and “the

most important security issue for many island

nations.” To protect the sovereign rights of

nations whose territories are threatened due to

rising sea levels, one panelist advocated for

“freezing maritime boundaries,” and noted that

the United States has already come out in support of such action. The panelists also spoke to

other unique challenges facing island nations, such as IUU fishing and maintaining maritime

domain awareness in vast exclusive economic zones. “Without the fish, we have nothing,”

remarked one of the panelists.

 Shifting to the threat posed by the Democratic People’s Republic of North Korea’s (DPRK)

nuclear and ballistic missile activities, a panel moderated by Captain Ian Park (U.K. Royal

Navy) with representatives from Japan, the Republic of Korea (ROK), and the U.S. based

Atlantic Council discussed integrated deterrence and the responsibility of all nations to

enforce unanimously approved U.N. Security Council Resolutions. The panelists agreed that

robust tri-lateral (U.S., ROK, Japan) cooperation is necessary. One panelist remarked that

nations must consider deterrence models focused on “denial” (rather than “punishment”) of

nuclear and ballistic missile resourcing as well as “sub-regime” legal accountability.
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 Mr. Neil S. Silva from the Institute

for Maritime Affairs and the Law of

the Sea (University of Philippines)

moderated a panel on legal

developments in the South and East

China Seas. Expert panelists hailed

from Singaporean, Japanese, and

Vietnamese government or

academic institutions, respectively.

Discussion centered on the PRC’s

exploitation of the law to advance excessive maritime claims – a methodology depicted by

one panelist in the inset graphic. The panelists agreed that the international community must

reject the PRC’s excessive claims, but as one panelist put it, “it cannot be all about legality”

i.e., defending the RBIO requires “winning the narrative” via integrated, whole-ofgovernment information strategies that galvanize public opinion and political support.

 Professor Jay L. Batongbacal (Director University of Philippines Institute for Maritime

Affairs and Law of the Sea) built on the preceding panel with a presentation on Philippine

sovereign rights in the South China Sea (SCS). Professor Batongbacal predicted intensified

PRC “micro-aggression” and other coercive activities in the years ahead. To counter this, he

recommended increased legal cooperation between nations in the form of transparency and

consensus-building, particularly around the 2016 SCS Arbitral Tribunal Award.

 Ms. Sindhura Polepalli, a Maritime Legal Consultant for the Directorate General of Shipping

in India’s Ministry of Ports, Shipping and Waterways followed Professor Batongbacal with a

detailed overview of the Dispute Settlement Framework under UNCLOS. Her comments

highlighted the enshrined methods for peaceful resolution of maritime disputes.

 On the morning of day 3, Commander Tim

Boyle (USINDOPACOM) moderated a panel

titled “law as a domain of strategic

competition” featuring leading practitioners

of counter-lawfare, legal operations (NATO),

and legal transparency (Philippines Coast

Guard). In describing the Philippines groundbreaking transparency initiative, Commodore

Jay Tarriela of the Philippines highlighted

the need to deter aggression by “leveraging

the power of public opinion.” As

Commander Boyle noted, “competition in

the legal domain means that we must

consider the law not just in terms of compliance, but in terms of opportunity...opportunity to

expand the competitive space by leveraging legal information, legal instruments, legal

institutions, and legal cooperation to advance our common interests and deny potential

adversaries from gaining the legal high ground.”

 In keeping with the theme of emerging domains of competition, Professor Dale Stephens

provided an update on the forthcoming release of the “Woomera Manual on the International

Law of Military Space Activities and Operations.” The manual is expected to reflect

customary law and practice based on input during the drafting process from 24 countries and

the International Committee of the Red Cross. Professor Stephens’ presentation also

foreshadowed a new manual specific to Indo-Pacifc air and maritime legal matters, which is

in the early stages of development between the University of Adelaide and the University of

Hawaii.

NOTE: Slide Depicts PRC Approach
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 Ms. Clare Duncan (Legal Advisor for East Asia and Pacific Affairs, U.S. Department of

State) delivered a presentation on the U.S. One-China Policy. She emphasized that the United

States “acknowledges,” but does not endorse the PRC’s position that Taiwan is part of China.

The future of Taiwan, she said, “is a matter to be resolved peacefully by the people on both

sides of the Taiwan Strait.” As Ms. Duncan described, the United States opposes any unilateral

changes to the status quo from either side; does not support Taiwan independence; and expects

cross-Strait differences to be resolved by peaceful means. In contrast, the PRC has not ruled out

the use of force and posits via its “One China Principle” that Taiwan’s status as a part of

China is resolved as a matter of history and law.

 Dr. Young Kil Park (Director Law of the Sea Research Division, Korea Maritime Institute)

presented on the Limits of the Obligation of Self-Restraint Under UNCLOS in the East China

Sea, noting the difficulties in challenging the PRC’s assertive activities in the ROK’s EEZ

and potential legal courses of action (e.g. counter-measures) for the ROK and Japan to

cooperatively push back on such activities.

 For the first time in over two decades, MILOPS

23 included a practical exercise during which 10

syndicate groups cooperatively developed legal

and policy solutions against a range of realistic

threats to the RBIO, from dangerous air intercepts

to malicious cyber activity and violations of

sovereignty by high-altitude balloons.

Spokespersons from 10 different countries

debriefed their respective group’s findings during

a plenary session facilitated by Professor Dale

Stephens. A common prevailing sentiment among

the syndicates related to the deterrent value of

exposing and opposing unlawful behavior. As one

Indonesian junior officer stated, “if the world

knows about it, it can change everything.”

 In another MILOPS first, three junior judge advocates (from Australia, the Philippines, and

the United States) delivered a fresh perspective on legal cooperation from the “next

generation” of legal advisors. Among the ideas presented by the junior officer contingent was

the establishment of a consortium of regional legal advisors (“International Organization of

Military and Security Law”) to cooperatively address common legal challenges.

 In addition to plenary sessions, MILOPS 23 participants held

bilateral / multilateral breakout meetings, key leader

engagements, and social events. These engagements

afforded opportunities for participants to address issues in

small-group settings and build

lasting friendships.
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 MILOPS 23 concluded with closing

remarks by senior national

representatives. All participants are

strongly recommended to review the

briefing by Rear Admiral Kresno

Buntoro, the Director of Indonesia’s

National Legal Development

Agency (BABINKUM). Due to an

error by conference organizers on

the U.S. side, he did not provide his

presentation in person, nor was the

presentation displayed at the

conference. RADM Kresno’s presentation is available on the MILOPS 2023 - APAN

Community page. As co-host of MILOPS 23, the Indonesian Ministry of Defense and

representatives from across the Indonesian armed forces – including BABINKUM – played a

critical role in the conference’s success.

MILOPS 23 resulted in numerous key takeaways and resolutions reflected in the listing below.

Conference photos and presentations are available on MILOPS 2023 - APAN Community page. 

MILOPS 23 Key Takeaways and Resolutions

Delegates from participating nations and organizations:

 Share an interest in preserving and upholding peace, security, and prosperity in the Indo-Pacific;

 Recognize that a fundamental principle of international law is the commitment to peaceful resolution

of disputes;

 Appreciate that a threat to the principles of international law and the rules based international order

anywhere, is a threat to peace and stability everywhere;

 Acknowledge the importance of legal cooperation to build legal consensus and oppose actions that

are unlawful or otherwise threaten peace, security, and prosperity in the Indo-Pacific;

 Note the importance of continued transparent dialogue to build trust, converge divergent views, avoid

misunderstanding, and pursue common goals;

 Acknowledge the need for transparency in upholding international law and the rules-based

international order;

 Appreciate the existential threat posed by climate change and resolve to pursue efforts to cooperate

further to support those nations whose security interests are most affected by climate change;

 Appreciate the threat to the rules-based international order posed by nuclear proliferation (ballistic

missile and nuclear testing) in the region;

 Recognize that legal vigilance is required to understand and mitigate threats and challenges in the

legal domain;

 Appreciate the key role of legal advisors in cooperating to ensure the legality and legitimacy of

military operations and activities in support of regional peace and security;

 Note that coordinating and synchronizing legal positions builds strength in numbers and can have a

deterrent effect;

 Resolve to continue to work together across national boundaries to expose and oppose flawed legal

narratives and unlawful activities that undermine the rules-based international order;

 Resolve to cooperate to publicize instances of collective adherence to international law and the rulesbased international order;

 Undertake to support each other’s legal development by continuing to participate in combined

exercises and legal exchanges;

 Resolve to develop legal products to document and solidify consensus and common understanding;

 Resolve to communicate and collaborate on combined efforts to build trust and a culture of legal

transparency
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