Michael Kelly is currently Director, United Nations & Peace Operations in the
International Policy Division of the Department of Defence. He graduated from Macquarie University with the degrees of B.A. and LL.B. in 1983 and joined the ADF Legal Corps in 1987 after several years in legal practice in Sydney - principally in litigation in the area of toxic torts and industrial law. In 1999 he graduated from the University of New South Wales with the degree of Ph.D. after completing a dissertation entitled 'Public Security in Peace Operations: The Interim Administration of Justice in Peace Operations and the Search for a Legal Framework'. This research work, undertaken for Michael's doctoral dissertation, has subsequently formed the basis for two authored books: Peace Operations: Tackling the Military, Legal and Policy Challenges published by the Australian Government Publishing Service in 1997 and Restoring and Maintaining Order in Complex Peace Operations: The Search for a Legal Framework published by Kluwer Law International in 1999.

Michael has extensive military operational experience. He was deployed to Somalia to participate in Operation Restore Hope 1993 as Legal Adviser with First Battalion Royal Australian Regiment, Battalion Group. During this deployment he successfully argued that the Australian contingent was in military occupation of the Baidoa Region of Somalia and that Geneva Convention IV of 1949 applied de jure to the occupation. The Convention extended rights but also imposed obligations upon the occupying force vis-à-vis the civilian population of the Region and the Australian contingent worked accordingly. One of the major achievements of the Australian deployment was the re-establishment of an indigenous Somali criminal justice system with former police, judges and prison wardens identified, recruited and reinstated with the authority to administer justice. Lieutenant Colonel Kelly was awarded the Chief of the General Staff Commendation (1993) and made a Member of the Order of Australia (AM - 1994) for his contributions as Legal Adviser to Headquarters of the 1st Division and Headquarters Australian Forces Somalia.

Michael was also seconded by the ADF to the International Committee of the Red Cross for deployment to Bosnia Herzegovina and Croatia for several months in 1996. His principal responsibilities involved both training and negotiations with the armed forces of various warring factions as well as training programs for the International Police Task Force. He was deployed again to Africa later in 1996 - on this occasion to Kenya with the Australian Consular Response Group - to assist in the rescue of an Australian citizen held hostage in Somalia.

Michael participated as legal adviser on the Australian Government delegation to the inter-governmental negotiations on the so-called 'Ottawa Treaty' banning anti-personnel mines in Oslo, Norway, in 1997. He regularly speaks at military training programs and conferences around the world and is widely regarded as a leading expert on Operations Law issues and particularly on the International Law of Non-Belligerent Occupation.


Major Publications

Books:
Kelly, M.J., Restoring and Maintaining Order in Complex Peace Operations: The Search for a Legal Framework, Kluwer Law International (1999), pp. 456 + xix;

Kelly, M.J., Peace Operations: Tackling the Military, Legal and Policy Challenges, Australian Government Publishers (1997), pp. 311 + xxvii.


Chapters in Books:
Kelly, M.J., 'Responsibility for Public Security in Peace Operations', in H. Durham and T.L.H. McCormack (eds), The Changing Face of Conflict and the Efficacy of International Humanitarian Law, Kluwer Law International, 1999, p. 141-172.

Kelly, M.J., 'Legitimacy and the Public Security Function', in R.B. Oakley, M.J. Dziedzic and E.M. Goldberg (eds), Policing the New World Disorder: Peace Operations and Public Security, National Defence University Press (1998), 399-431;

Kelly, M.J. and W. Traynor, 'The Australian Army and Its Role in Assisting Other Nations to Build: 1973-95', in D. Horner (ed.), Armies and Nation Building: Past Experience - Future Prospects, Strategic Defence Studies Centre (1995), 57-73;

Kelly, M.J., 'Military Civil Affairs: The Need for Dedicated Military Units', in D. Horner (ed), Armies and Nation Building: Past Experience - Future Prospects, Strategic Defence Studies Centre (1995), 75-88;

Kelly, M.J., 'Legal Regimes and Law Enforcement on Peace Operations', H. Smith (ed.), The Force of Law: International Law and the Land Commander, Australian Defence Studies Centre (1994), 189-204.


Refereed Articles:
Kelly, M.J., 'Non-Belligerent Occupation' (1998)28 Israel Yearbook on Human Rights, 17-35.


Contributions to Conference Proceedings:
Kelly, M.J. and Phillips, M., 'Advances in Training for Complex Operations Using Simulation Technology' in Proceedings of the Fourth International SimTecT Conference, SimTecT Organising and Technical Committee (1999), 43-49;

Kelly, M.J. and Phillips, M., 'The Application of Live, Virtual and Constructive Simulation to Training for Operations Other Than War' in Proceedings of the Third International SimTecT Conference, SimTecT Organising and Technical Committee (1998), 251-258.