๐งตI couldnโt be more pleased that my paper โLitigation as statecraft: small states and the of the law of seaโ has been accepted by
@BritishYearbook
and will appear online in due course. In it my central argument is that small states can - 1/10
Israel's UNRWA intelligence dossier has been seen by Sky News: "The Israeli intelligence documents make several claims that Sky News has not seen proof of and many of the claims, even if true, do not directly implicate UNRWA."
No one is qualified to be a Vice-Chancellor if they do not: teach at tertiary level; conduct academic research; hold a PhD.
Making it one more job to pass around the class who sit on boards because universities are "just another big organisation" has been a terrible idea.
The Chancellor of University of Canberra is Lisa Paul, who Bill Shorten hired to co-author the NDIS review. Now heโs about to be Vice-Chancellor, hired by panel led by the Chancellor Lisa Paul.
Funded PhD opportunity with me - please RT! I am re-advertising, on a very short timeline, a call for expressions of interest to join my ARC project on small states and law of the sea litigation against great powers. The PhD will look at UNCLOS a vehicle for climate litigation 1/
Delighted to announce that from January, I will be Professor of International & Security Law here at
@UNSWCanberra
.
I owe thanks to many in this (re-)promotion effort, but especially to my referees
@kevinjonheller
,
@ProfTimStephens
& Prof Catherine Redgwell for their support 1/
The โHamas uses human shields and therefore is responsible for any civilian deaths that occurโ narrative has a) little moral force, b) no traction in international law, and c) is considerably less persuasive when *Israel itself* has corralled civilians in the targeted site. 1/
As an international lawyer, I think it prudent to mention that a disproportionate attack, on a refugee encampment that was until recently a supposed safe zone, carried out in violation of an ICJ provisional measures order does not become legal โbecause Hamasโ
After the Advisory Opinion it is no longer possible to treat Israel as a normal state. Its occupation of Palestine is a flagrant violation of international law which has to end as rapidly as possible. No assistance may be given to Israel which maintains the occupation 1/2
Does the ICJ provisional measures decision in the Genocide Convention Case (South Africa v Israel) mean suspending funding to UNRWA is unlawful? I'd like to consider here the strongest legal argument and some counter arguments. First, context - (long ๐งต)
The ICC Prosecutor's response to the 64 (often irrelevant, tendentious or legally weird) amicus curiae briefs is pithy and on point regarding jurisdiction and the Oslo Accords. Thread.
Today is going to be a very hard day for a lot of Australians.
A reminder that proof beyond reasonable doubt is the test applied when someone is faced with the power of the state and the possibility of imprisonment. It is not a standard of historical proof or moral judgment. 1/5
Flight attendant: Is there a doctor on the plane?
Me: Yes, but not the useful kind
Flight attendant: the crew are arguing over whether the law of high seas piracy creates an international crime or exceptional jurisdiction over a transnational crime -
Me: *halfway down plane*
The White House position that the US government has not reached a *legal assessment* that at any point in this conflict Israel has violated international humanitarian law is no longer even colourably plausible, if it ever was.
The evidence is the words of President Biden 1/5
John Kirby: โIsrael has not violated international humanitarian lawโ
But wait! Which international humanitarian law heโs exactly talking about? The IHL of the US & Israel? Or the one weโve been reading and teaching for years?
Disgraceful!
Gaza. Are we at a Solferino moment? In 1862 Dunantโs account the battlefield suffering at Solferino led to the founding of the International Committee of the Red Cross and eventually modern humanitarian law.
Long ๐งตabout law and morality 1/
I am so profoundly saddened to hear of the passing of James Crawford, and my thoughts are with his family. He was a titan of international law, a mentor, and a model PhD supervisor. I owe him debts I can only pay forward. While much will be written in coming days โฆ 1/2
Quick reminder: Putin is committing the crime of aggression. However, the ICC has a narrow jurisdiction over that crime: uniquely, both the territorial victim state and aggressor state must be parties to the Rome Statute. The ICC has no jurisdiction over Putin for aggression 1/3
๐งตWhy the destruction of the Nova Kakhovka dam is a war crime. First, attacking dams is not absolutely prohibited by the laws of armed conflict but the circumstances in which such an attack would be legal are very narrow. Dams are protected under ... 1/
Utterly delighted to be announced an ARC Future Fellow. Enormously grateful to
@Kate_Seear
and Natalie Klein for mentorship, and
@ProfTimStephens
,
@FleurEJ
,
@tristanemoss
and Nicole Moore for reviewing the application in whole or part, as well as the UNSW research office.
I just used Zotero for the first time to change 30 pages of footnotes from OSCOLA to Bluebook. It took ... 20 seconds? What is this feeling? Is it ... love?
There is a principle in international law that no country can be bound by an obligation when that obligation is interpreted in such a way as to undermine the very integrity of that country.
I have written few things Iโve been so nervous to release into the wild. My thanks to
@Barrie_Sander
and
@ntinatzouvala
for commissioning this piece on mental health and academia. My advice is anecdotal, personal and situated. Nonetheless, I hope it may be of help to others. 1/2
๐"Yes, many of the drivers of poor mental health in academia are structural. The profession is increasingly precarious, the ravages of managerialism [in] universities..., we continue to struggle with sexism, ableism, & racism in the academy" -
@djag2
๐
Look, Iโm just going to say it. The idea that to be a โsuccessfulโ academic one must work weekends is BS. Iโd like to think Iโm a moderately successful academic. Iโve a secure post, made full Professor (the first time) by 41, have published several books, 1/
Genuine question stemming from a genuine question: how do you not โwantโ to work weekends? How to re-wire your brain to believe that you donโt have to give up your weekends to be successful in academia in due time ๐ค
Completed two peer reviews today (begun last Friday).
I've seen angst on this topic in the past so, here's how I peer review a paper and complete a report in 2-5 hours. Long๐งตfollows.
But first - 1/15
Thereโs nothing quite like waking up at 6:15 am and going to the gym and walking the dog before breakfast to give you an overwhelming sense that thatโs as productive as the day is going to get now you may as well go back to bed.
15 years, four addresses, one child, an international move, an inter-state move, numerous mortgage applications and refinancings, three jobs for me and many more for her ago โฆ we said I do. Happy anniversary
@z_rose
.
Yes. This is why the weapons were inherently indiscriminate. An ordinary proportionality assessment of damage to the enemy versus civilian harm is irrelevant. The attack was inherently unlawful both on this basis and due to the CCW APII boobytrap prohibition.
As far as we know, at time of targeting, nobody knew little Fatima was holding the pager that killed her; which means the enemy personnel was not really *targeted*. Fatima was not โcollateral damageโ in an op to kill her dad. She was a random victim of an uncontrolled detonation
I wrote a short piece about James Crawford. There will be much written about what he gave to his profession and discipline, this is about what he gave to his students. Iโm grateful to
@opiniojuris
for publishing it.
@ntinatzouvala
recently reminded me that in 2012(!) I wrote a piece on surviving writing a PhD. At the end I promised some broader career advice ... soon. So, for whatever it's worth, here are a few thoughts about pursuing an academic career in law. ๐งต
This. As the late Judge Crawford put it the idea that international law is not law or is not effective rests on an idealised view of national lawโs effectiveness. So there are no murderers, tax cheats, polluters or exploitative employers in your field? Good luck with that guys.
Getting a lot of โintl law isnt realโ content re Russiaโs hostilities from ppl who work in other areas of law and idk how to be the one to tell them that, actually, law isnโt โreal,โ according to their standards.
Yesterday I published this piece with
@opiniojuris
on the World Kitchen Convoy strike and the law of war crimes.
This thread updates my blog post in light of recent developments, including the IDF preliminary inquiry. 1/9
PhD in Small States and Climate Change Litigation under the UN Convention on the Law of the Sea -
As part of my ARC Future Fellowship project on small states and law of the sea litigation,
@UNSWCanberra
is recruiting a funded PhD student. Ad here:
1/2
@JoelWWood
To write grant applications. Which process in no way detracts from my ordinary teaching and research responsibilities; knowing such applications have a high enough success rate to be absolutely worth the time and effort involved.
Universities should be run as what they are: publicly owned not for profits, governed by a board of the community, staff and students. Running them as high volume, low cost, max profit corporates has been a disaster and accounts for declining standards.
And there are good examples of people not sent to prison for serious crimes (eg murder) who were nonetheless found in civil courts to have caused someoneโs death.
Criminal law and criminal evidence are not the final arbiters of truth, historical or otherwise. 5/5
My paper with International Affairs "The rule of law and maritime security: understanding lawfare in the South China Sea" is presently free. It explores the politcal role of legal argument in the dispute and China's historical engagement with UNCLOS.
I can accept the bad faith international law takes of nationalists. They are to be expected.
I am less inclined to forgive apologists who finely parse IHL for abstract excuses without engaging with facts. Top of this list: โproportionality cannot be judged in retrospectโ. 1/
I have โฆ thoughts about the ability of many 18 year olds straight out of high school to โself-paceโ and โself-manageโ their entire university learning experience, especially in first year.
The five stages of academic workshop planning:
1) enthusiasm for speaker list
2) concern for balance and coverage
3) stress at travel arrangements
4) panic over catering
5) realization you've not written your own paper
Immeasurably touched to find this in the faculty mail from
@philippesands
today. He involved me in the Mauritius v UK UNCLOS arbitration, a case that changed my scholarly life and led me (eventually) to my current ARC project on small states, great powers and UNCLOS litigation.
For anyone with the gall to say โif there is no way for someone to clear their name in court we must carry on as if nothing has happenedโ: get a grip. A criminal process does not secure anyoneโs reputation. 4/5
The substitution of criminal law standards for any shared public morality has been corrosive to democracies.
For the (male) criminal lawyers likely to start bellowing โpresumption of innocenceโ today: maybe just donโt. 2/5
I am still looking to recruit a potential PhD student interested in working on climate change litigation and the law of the sea. This is part of my ARC project on small states and UNCLOS dispute settlement. Here's me talking on the wider project. 1/3
If law cannot condemn anything in the present conflict in Palestine as unequivocally unlawful, then there is a risk of rupture between the law and common morality.
In the case of such a rupture, it is the law that will be delegitimised and break. 8/
I think being *cited* *in the ICJ* by a State that has you on a *sanction list* puts
@juliettemm
in a Venn Diagram of one scholar.
Serious kudos, and lifetime status as a trivia question ahoy.
This paper has some significant methodological flaws and at least one significant finding. It is though, at present, probably mis-titled for reasons the authors themselves explain. There is also a mis-match between project design and methods.
@YJILonline
1/
New article, with
@john_bowers_
: "International Law Scholarship: An Empirical Study," in YJIL (
@YJILonline
).
We present results from an analysis of 173,802 International law articles.
Read on for key takeaways (including top authors and journals). 1/
I appear to have missed the "moral equivalence" formula in the ICC statute.
If it is "committed an international crime" x number of civilians killed - then those controlling a state are usually going to come off looking much worse that those running an insurgency 1/2
โDouglas, why do you dress the way you do?โ A long promised thread on academic menswear and me. First: I offer no normative claims here. No shoulds. As an academic you can (broadly, usually) dress as you like. Embrace that. I dress as I do for fun and โฆ 1/
Many western governments will attempt to downplay, nuance or slow walk the implications of this. Some will attempt, as is the long default setting, to normalise Israel. It canโt be done. The gears will grind and change slowly but this is a lever that moves only one way. 2/2
I had lunch with a PhD student today at one of my favourite places in Canberra, the National Library. Then stopped to remember my own supervisor by taking some time to read Chance, Order, Change in the winter sun. Good to hear Jamesโ voice, if only in my mind.
My international criminal law students asked for guidance about approaching the take-home exam. While I did come down to practicalities, I opened with this slide. It might be my teaching philosophy in nine sentences.
My article โLitigation as statecraft: small states and the of the law of seaโ is now available advance access
@BritishYearbook
!
I summarise the argument in the thread below.
DM/email me if you're interested and lack institutional access.
Link:
๐งตI couldnโt be more pleased that my paper โLitigation as statecraft: small states and the of the law of seaโ has been accepted by
@BritishYearbook
and will appear online in due course. In it my central argument is that small states can - 1/10
Ah, that moment in addressing peer review comments where Reviewer 1 points out you have not fully addressed the devastating counter argument previously made by ... Guilfoyle.
So โฆ I just generated the following essay with OpenAI Beta. I didnโt even set it an easy question and it generated a plausible undergraduate exam answer instantly. (Third para feels like padding but not entirely off topic.)
As I expected ICC prosecutor Khan is seeking warrants for the Hamas leadership, PM Netanyahu and Defence Minister Gallant. Principal crimes in view: hostage taking (Hamas), attacks on civilians (both), starvation (Israel). Iโve previously commented on 1/
Current Israeli operations are not normal, not restrained, and not proportionate. No ordinary professional military would accept this level of civilian harm.
In conclusion: there is a good argument that, in substance, suspending UNRWA funding is incompatible with the duty to prevent genocide under the Genocide Convention. There is a weak, procedurally accurate, argument that the ICJ PMs ruling doesn't bind the donor countries. end/
Academic selfie: which guy gave his last regularly scheduled class* until 2026 last night? This guy!
(*will still guest lecture at the drop of a hat, tho; and may have a revision class to give)
Academia is the pie eating contest, where the prize is more pie. The job is a bottomless pit. It will expand to absorb all the time you give it. Do not let it swallow the rest of your life, and you will be both healthier and better at the job itself. /End rant/ 11/
I am very pleased that the advance copy of "Lacking Conviction: Is the International Criminal Court Broken? An Organisational Failure Analysis" with
@MelbJIL
is now available. It draws on my
@ejiltalk
posts, & benefited greatly from the editors' hard work.
If youโre interested in understanding war crimes, aggression, the jurisdiction of the International Criminal Court and head of state immunity - hereโs a capsule series of mini-lectures I prepared in 2018 (a bit dated but Iโd like to think basically sound)
Sent an email I was dreading (withdrawing from a conference because intentional travel remains beyond me at this point in my covid recovery) and received an enormously sympathetic reply, suggesting a 2023 workshop instead. Sometimes people are just plain nice.
Biden: Israel is "starting to lose that [western] support by indiscriminate bombing" (13 December 2023).
Indiscriminate bombing is a violation of IHL and a war crime (eg Art 8.2.b.iv, ICC Statute) 2/5
For anyone who needs to hear this. I still sometimes have a fanboy moment when people I think of as serious senior scholars footnote me or, better yet, like a tweet. (Esp if itโs a selfie or poetry reading.) Then I look in a mirror and remind myself Iโm not a 28 yo PhD student.
Sainted Hersch Lauterpacht on a bike! Well, Iโve just glanced at *that* new empirical study of journal citations in American International Law. Sweet Grotius, where to start?
How about I start with: this reflects the flaws of both naive โcounting stuffโ empirical intl law and 1/
the measure of James is how many scholarly and professional lives he influenced for the better. Having achieved the summit of his discipline, he was determined to leave the ladder down behind him and encourage younger colleagues to pursue their talents. Vale. 2/2
Overnight the International Tribunal for the Law of the Sea
@ITLOS_TIDM
announced it has received a request for an advisory opinion from the Commission of Small Island States on Climate Change and International Law 1/
Me (while at a law firm): "I don't think I'm ambitious enough for this place."
Mentor: "You're ambitious. Just not for anything this place has to offer."
If it was alleged I had assaulted one of my students, there would have to be an internal inquiry into: (1) whether I posed a risk to students; and (2) whether I should keep my job. This process would not depend upon my first being convicted in criminal proceedings.
An interesting, important and useful book with a terrific chapter on lawfare. (Obvs donโt agree with all the analysis, but really important to have a mainland Chinese scholar tackling this for an English speaking audience.)
Adding to my earlier thread, it seems to me a lot of military-aligned IHL lawyers have an administrative law mindset. IHL becomes narrowly procedural: on available information at the time were all necessary considerations ticked off? If so very great deference should be 1/4
The main trope in this regard is โno evaluation until all the facts are inโ, an insistence that absent absolute precision not even preliminary legal assessments can be offered.
A close second is the accusation that โoutcomes driven assessmentsโ are impermissible. 4/
I had a dream that I was walking down a dark street and I was gripped by a sudden terror that it was November and Iโd done no work on my PhD since June.
Woke and remembered I submitted in 2007.
State: we are going to use a valid compulsory jurisdiction clause to take one legal aspect of a contentious situation to an international tribunal.
Academics: this politicisation of courts and bringing of cases with low odds of compliance will destroy the courtโs legitimacy! 1/3
This is a great collection of essays (my own notwithstanding) holding some lovely reflections on James:
"Following the sad news of Professor James Crawford's death, we are making this collection of essays, edited in his honour, free to access."
Excellent piece here from William Boothby who concludes (on available information): (1) there was a violation of the rule on booby traps (not 'other devices' as I considered); (2) serious questions to be asked about targeting/indiscriminate attacks. 1/2
Under Amended Protocol II of the CCW Convention a remote controlled explosive is a form of "other device" subject to the prohibition on booby traps. APII applies in both international and non-international armed conflicts and Israel is a party.
Post-COVID most international academic conferences and workshops should be either online only, or online simulcast. Itโs astonishing how blind our sector has been to both environmental costs and the barriers to entry imposed by requiring international travel as part of the job.
Me, drafting, dealing with what I think is an opposing view -
First draft: "X's argument is hyperbolic, verging on unhinged"
Second draft: "X's argument is overstated"
...
Final draft: "While I largely agree with X, I would add a small nuance to the claim ..."
โMayโ is too delicate. What has been reported plainly constitutes crimes against the administration of justice under Article 70 of the ICC statute. Charges need to follow.
In praise of bad lecturing (or good lectures on dull topics): The ability to pay attention, and take notes, while profoundly bored, is a transferable life skill โ especially for lawyers.
(I recall stabbing myself in the leg with a ballpoint to stay awake in corporations law.)
Biden: "Israel has not done enough to protect aid workers trying to deliver desperately needed help to civilians. ... Israel has also not done enough to protect civilians." (2 April 2024)
Failure to do "enough to protect civilians" is an IHL violation (precaution in attack) 3/5
Please everyone have the basic compassion to stop sharing unfiltered images of dead bodies. These are real people with real families. You are also potentially traumatising strangers.
Having been at a family memorial service yesterday, I am *not* interested in debating this point