Our blog mini-series, co-hosted with the ICRC, wraps up with a post by Associate Professor Rob McLaughlin, Co-Director of the ANU Centre for Military and Security Law. Dr McLaughlin shares his reflections on common article 2 and the important question of when IHL must be applied.
Ensuring respect: the role of State practice in interpreting the Geneva Conventions – John Reid
In this second instalment of the mini-series on the ICRC’s Updated Geneva Convention Commentaries, John Reid, Head of the Office of International Law at the Commonwealth Attorney-General’s Department, highlights the importance of State practice in understanding the common article 1 obligation to respect and ensure respect for IHL.
Common Article 1: A Lynchpin in the System to Ensure Respect for International Humanitarian Law – Jean-Marie Henckaerts
In March, the ICRC released an updated Commentary on the First Geneva Convention of 1949. This is the first instalment of six new commentaries aimed at bringing the interpretation of the Geneva Conventions and their Additional Protocols of 1977 to the 21st century. In this blog mini-series co-hosted with the ICRC, three authors will share their perspective on some of the fundamental obligations enshrined in the Geneva Conventions and the evolution of the application and interpretation of these important provisions.
Jean-Marie Henckaerts, ICRC’s Head of the Commentaries Update project, kicks off the mini-series with an examination of why the commitment by States to respect and ensure respect for IHL is more than just a “loose pledge”, and what measures States can take to fulfil this obligation.
The Beginning of the End? South Africa, Burundi and the Gambia Announce Their Exit from the ICC – Nandini Bajaj
The three ongoing trials before the International Criminal Court (ICC) concern individuals from the Côte d’Ivoire, the Central African Republic, and the Democratic Republic of the Congo.
Breaking the Soul of the People: International Crimes Against Cultural Heritage – Tim Buckley
“[D]estroying the mausoleums, to which the people of Timbuktu had an emotional attachment, was a war activity aimed at breaking the soul of the people of Timbuktu.” – (Witness P-431)
Stop the Abuse: Nauru, Refugees and the legal definition of “torture” – Alexis Hedger
Last year, the United Nations Special Rapporteur on Torture found that Australia’s offshore processing system of asylum seekers violates the international convention prohibiting torture.
What right does Australia have to defend itself against terrorists? – Phillip Alphonse
In the post-9/11 zeitgeist, the ever-present fear of terrorism has reignited debate regarding whether a State has the right of self-defence against attacks by non-State actors. As Australia targets non-State actors such as ISIS and Al-Qaeda fighters in self-defence, the legality of such actions in international law must be questioned.
Essay Prizes: Brennan and Nygh Competition Now Open
The International Law Association (Australian Branch) is calling for submissions for the Brennan Essay Prize in Public International Law and the Nygh Essay Prize in Private International Law.
Farewell to buried treasure: Claiming proprietary rights under international law in Ure v Commonwealth — Timothy Gorton
Introduction
Whilst many dream of claiming their own island slice of paradise, few would have ever done so with the same verve as Alexander Francis Ure. In 1970, Ure claimed the islands of Elizabeth and Middleton Reefs — some 80 miles north of Lord Howe Island — in order to exploit the substantial hydrocarbon deposits he believed to lie beneath.
Upcoming Event – ILS China Breakfast Seminar
WHAT’S NEW IN CHINA’S LEGAL LANDSCAPE
The Law Council of Australia’s International Law Section will host a China Law breakfast on Wednesday 26 October at King & Wood Mallesons in Sydney. Judge Judith Gibson of the District Court of New South Wales will chair a panel of six experts in Chinese law to discuss contemporary legal issues facing the country today.
TOPICS
- ‘One Belt One Road’ and Chinese investment policy;
- IP and Trade Mark legislative changes;
- Consumer legal protection in the era of M-commerce;
- The Guiding Case system; and
- Court use of social media and legal writing issues.
SPEAKERS
- Professor Vivienne Bath, University of Sydney
- Scott Gardiner, King & Wood Mallesons
- Mary Ip, University of New South Wales
- Professor Vai Io Lo, Bond University
- Belinda Melocco, King & Wood Mallesons
- Professor Natalie Stoianoff, King & Wood Mallesons
- Judge Judith Gibson, NSW District Court (Chair)
For details on the cost of a ticket and the registration form, please click here.