Captain Dale Stephens CSM RAN
B.A. (Flin.), LL.B(Hons) (Adel.), GDLP (SAIT), LL.M (Melb.), LL.M (Harv).

Captain Dale Stephens was appointed Director of the Military Law Centre and Deputy Director of the Asia Pacific Centre for Military Law on 10 July 2006.

Dale was admitted as a Barrister and Solicitor in the Supreme Court of South Australia in 1989 and joined the Royal Australian Navy that same year. Since that time his postings as a Legal Officer have included Naval Support Command, Naval Training Command, Maritime Command, the Directorate of Operations and International Law, Strategic Operations Division and Joint Operations Command.

Dale has extensive operational experience having completed a number of deployments during his career. In 1999 he deployed to East Timor as part of the Naval Component element of INTERFET HQ. He subsequently deployed to East Timor again in 2000/2001 as the Chief Legal Officer of UNTAET PKF HQ. Dale was awarded an UNTAET Force Commander’s Commendation for his work in this position and recently published an APCML Monograph ‘The Use of Force in Peacekeeping Operations – The East Timor Experience’ which details some of the legal challenges faced during this time. In 2001 Dale was part of the Australian delegation negotiating the UNESCO Underwater Cultural Heritage Convention and that same year was heavily involved in negotiating a legal framework with the South African Navy for a successful combined international maritime law enforcement activity. In 2002 he was awarded a Maritime Commander’s Commendation and in 2003 he was awarded a Conspicuous Service Medal (CSM) for his service as Fleet Legal Officer during Operation Falconer. This Operation required sustained analysis of the long standing law of naval warfare and its application in a contemporary legal context. With the very professional assistance of Fleet Legal staff and invaluable support of the Navy Legal Reserve component, Rules of Engagement were fashioned that met the objectives sought. In 2005/2006 Dale undertook a deployment to Iraq as the principal legal advisor to the Australian National Force Commander.

In addition to his duties as Director of the Military Law Centre and Deputy Director of the Asia Pacific Centre for Military Law, Captain Stephens is also Director of Naval Legal Services.

In recent years Captain Stephens has provided comprehensive advice to senior Naval and Military Commanders on topics including the law of armed conflict, the law of naval warfare, peace operations, maritime border security, rules of engagement and maritime law enforcement. He has published widely on these topics in both Australian and International Legal Journals.

In 2004, Captain Stephens completed a Master of Laws degree at Harvard University Law School before taking up a one year position in the International Law Department of the U.S. Naval War College, located in Newport, Rhode Island. In January 2006, Dale was awarded the U.S. Meritorious Service Medal for his teaching and research activity at the War College. He was a significant contributor to a recent War College publication on ‘Maritime Operational Zones’ having drafted two chapters which outline the principled and lawful use of such zones in the context of both naval warfare and UN Security Council sanctioned action.

Captain Stephens is a strong supporter of the Charter of the Asia Pacific Centre for Military Law which is to facilitate cooperation amongst military forces of the Asia Pacific region in the research, training and implementation of the laws governing military operations.

Major Publications

Chapters in Books/Monographs: 

Stephens, D.G., ‘Law of Naval Warfare and Zones’ & ‘UN Security Council and Maritime Zones’ in Jaques, R (ed), Maritime Operational Zones, U.S. Naval War College, 2006.

Stephens, D.G., The Use of Force in Peacekeeping Operations – The East Timor Experience, APCML Monograph, 2005.

Articles:  

Forthcoming : Stephens, D.G., ‘Coalition Warfare – Challenges and Opportunities’ & ‘Maritime Border Security’, International Law Studies Series (‘Bluebook’), U.S. Naval War College 2006.

Stephens, D.G. & Lewis M.W., ‘The Law of Armed Conflict – A Contemporary Critique’ (2005) 6 Melbourne Journal of International Law, 55-85.

Stephens, D.G., ‘The Lawful Use of Force by Peacekeeping Forces: The Tactical Imperative’ (2005) 12 International Peacekeeping, 157-172.

Stephens, D.G., ‘The Legal Efficacy of Freedom of Navigation Assertions’ (2004) Israel Yearbook on Human Rights, 127-150.

Stephens, D.G., ‘Human Rights and Armed Conflict – The Advisory Opinion of the International Court of Justice in the Nuclear Weapons Case’ (2001) 4 Yale Human Rights and Development Law Journal, 1-24.

Stephens, D.G., ‘The Impact of the 1982 Law of the Sea Convention on the Conduct of Peacetime Naval/Military Operations’ (1999) 29 California Western International Law Journal, 283-311.

Stephens, D.G. & Fitzpatrick, M.D., ‘Legal Aspects of Contemporary Naval Mine Warfare’ (1999) 21 Loyola of Los Angeles International & Comparative Law Journal, 553-590.

Stephens, D.G., ‘Rules of Engagement and the Concept of Unit Self Defense’ (1998) Naval Law Review, 126-151.

Book Reviews:

Stephens, D.G., ‘The Royal Australian Navy in World War II’ (ed. David Stevens), (2005) 58 U.S. Naval War College Review, 153-154.

Stephens, D.G. & Dixon, R., ‘The Dark Sides of Virtue : Reassessing International Humanitarianism’ by David Kennedy, (2005) 181 Military Law Review 155-163.