Melbourne Journal of International Law

Melbourne Journal of International Law is a magazine specializing in law topics.

Articles from Vol. 8, No. 2, October

21st Century Conflict: Can the Law Survive?
[This commentary explores the pressures placed on the jus ad bellum, governing the resort to force by states, and the jus in bello, norms addressing how force may be applied during hostilities, by 21st century conflict. As to the former, the rise of...
Application of the Convention on the Prevention and Punishment of the Crime of Genocide: Bosnia and Herzegovina V. Serbia and Montenegro
CONTENTS I Introduction and Background to the Case II The Relief Requested and the Proceedings Prior to the Judgment on the Merits III The Court's Judgment on the Merits: The Jurisdictional Question IV Genocide and State Responsibility...
David Hicks and the Charade of Guantanamo Bay
[Advocates of the desirability and efficacy of the United States military commissions as the preferred means to try detainees held in the global war on terror ought to have been disappointed by the inauguration of the trial process with David Hicks....
Drawing Lines in the Sand - Characterising Conflicts for the Purposes of Teaching International Humanitarian Law
[Any discussion of the law that applies in armed conflict is usually prefaced with an analysis of the distinctions that are drawn between armed conflicts and other acts of violence, and between international and non-international armed conflicts. Most...
Foreword
Australian Red Cross is proud to be involved in this special issue of the Melbourne Journal of International Law marking the 10th anniversary of the Australian Red Cross Chair of International Humanitarian Law at The University of Melbourne. The...
International Humanitarian Law and the Gods of War: The Story of Athena versus Ares
[This piece reflects upon the fundamental nature of international humanitarian law and explores issues surrounding the embrace of this legal regime by the humanitarian sector. By delving into images of the ancient Greek gods of war--the reasonable...
Introduction
The contributions in this symposium were inspired by the celebration of the 10th anniversary of the Australian Red Cross Chair of International Humanitarian Law at The University of Melbourne. In recognition of the significant contribution the Chair...
Law after War
[This think piece considers the legal context of state and democracy-building at the end of conflict. It considers the debate over the capacity of the rules of international humanitarian law to regulate modern exercises in state-building, particularly...
New Publications in International Law
I PUBLIC INTERNATIONAL LAW David Armstrong, Theo Farrell and Helene Lambert, International Law and International Relations (Cambridge University Press, 2007) ISBN 9780521844109. Alan Boyle and Christine Chinkin, The Making of International Law...
Seeking Clarity in Relation to the Principle of Complementarity: Reflections on the Recent Contributions of Some International Bodies
[There has been an increasing tendency among international institutional bodies to describe the relationship between humanitarian law and human rights law as being "complementary'. This principle is generally understood to mean that the two bodies...
The Death of Baha Mousa
[Between March 2003 and September 2004, 100 000 Iraqis are believed to have died as a consequence of the invasion of Iraq on 20 March 2003. Baha Mousa, an Iraqi hotel clerk was one of them. Mr Mousa died in Basra on or around 15 September 2003, after...
The Law on Military Occupation: Answering the Challenges of Detention during Contemporary Peace Operations?
[Based on the author's personal experience, this think piece explores how the law on military occupation provides some answers to challenges faced by peacekeepers when they are involved in taking and handling detainees. The think piece recognises that...
The Past, Present and Future of International Law: A Critical Third World Approach
CONTENTS I Introduction II The Past A History as Foundational Critique III The Present A The Divided Self B Globalisation of Alienation C The Alienation of Discipline IV The Future A Fragmentation versus Unity ...
The Public Committee against Torture in Israel V. the Government of Israel: The Israeli High Court of Justice Targeted Killing Decision
CONTENTS I Introduction A Israel's Policy &Targeted Killing B Background to the Case C Main Focus and Structure of the Note II Summary of Judgment A Factual Background B The General Normative Framework ...
The Rules of Engagement in Occupied Territory: Should They Be Published?
[The traditional view amongst some states is that the rules of engagement are not published beyond those who need to know them in the armed forces of a state. The reason given for this is that publishing them widely would allow an enemy to know how...
Violence and Play in Saddam's Trial
[In the performance of Saddam's trial, which culminated in the executions of Saddam and two of his co-defendants, we find both lawmaking and law-preserving violence at work. The new Iraqi State exercised its law-preserving violence when sitting in...
Why Refugees Still Matter: A Response to James Hathaway
CONTENTS I Introduction II The Right to Leave in International Law III Human Rights Law IV The Kantian Right to Hospitality I INTRODUCTION In the previous issue of the Melbourne Journal of International Law, Professor James C Hathaway, a leading...
WMD Arms Control Agreements in the Post-September 11 Security Environment: Part of the 'Counter-Terrorism Toolbox'
[This think piece commences with consideration of how the major WMD arms control treaties and arrangements that were negotiated during the Cold War have been strengthened since early 2002 in response to the post-September 11 security environment. This...