CURRENT RESEARCH HIGHER DEGREE STUDENTS

International Humanitarian Law/Law of Armed Conflict

• Ben Clarke, PhD
  'Occupation, Resistance and Jus ad Bellum : When is it Lawful to Forcibly Resist Foreign Occupation of a Sovereign State?'
  Supervisors: Tim McCormack, Michael Kelly and Michael Gillooly (expected completion date: September 2007)
  
  
• Ian Henderson, PhD
  'Targeting During Armed Conflict: A Legal Analysis'
  Supervisors: Tim McCormack and Andrew Mitchell (expected completion date: June 2007)
  
  
• Michelle Lesh, PhD
  ' Israel's Policy of Targeted Killing and International Humanitarian Law'
  Supervisor: Tim McCormack and Helen Durham (expected completion date: July 2009)
  
  
• Jadranka Petrovic, SJD
  'Deliberate Destruction of Cultural Property During Armed Conflict: How Does International Law Respond: The Case of the Old Bridge of Mostar'
  Supervisors: Tim McCormack and Helen Durham (expected completion date: October 2007)

International Criminal Law

• Gideon Boas, PhD
  'Trying Former Heads of State and Senior Officials for War Crimes: Lessons in Complex Litigation from the Milosevic Trial'
  Supervisors: Tim McCormack and Carolyn Evans (passed March 2007)
  
  
• Neri Colmenares, PhD
  'International Jurisdiction and Amnesty'
  Supervisors: Tim McCormack and Tim Lindsey (expected completion date: December 2008)
  
  
• Britt Conidi, PhD
  'Imposing International Criminal Law and the Individual Victims of Mass Violence: Help or Hindrance?
  Supervisors: Tim McCormack and Helen Durham (expected completion date: March 2008)
  
  
• Sarah Finnin, PhD
  'How Prosecutors Shape International Criminal Law and Justice'
  Supervisors: Tim McCormack and Helen Durham (expected completion date: October 2009)
  
  
• Carrie McDougall, PhD
  'Prosecuting the Accumulated Evil of the Whole: Defining an ‘Act of Aggression’ for the Purposes of the Rome Statute of the International Criminal Court'
  Supervisors: Tim McCormack and Stuart Kaye (expected completion date: February 2008)

• Hayli Anne Millar, PhD
  ‘Standards for Effective Transitional Justice Decision-making: Lessons from South Africa and East Timor’
  Supervisors: Tim McCormack and Helen Durham ( passed May 2007)

• Vasko Nastevski, PhD
  'The Enactment of War Crimes Legislation in Australia Without Offending the Prohibition on Retrospective Legislation'
  Supervisors: Tim McCormack and Michelle Foster (expected completion date: June 2011)

• Nicole Schlesinger, PhD
  'An Exploration of Extra-legal Factors Influencing the Development of the Law of the International Criminal Tribunals for The Former Yugoslavia and Rwanda'
  Supervisors: Tim McCormack and Timothy Marjoribanks (expected completion date: December 2008)

Arms Control and Disarmament

• Sheree Bailey, PhD
  ‘Beyond the Rhetoric: Civil Society, the AP Mine Ban Convention and Assistance to the Victims’
  Supervisors: Tim McCormack and Helen Durham (expected completion date: September 2007)
  
  
• Robert Mathews, PhD
  'The Negotiation of the Chemical Weapons Convention, and its Implications for Other Arms Control Regimes'
  Supervisor: Tim McCormack (expected completion date: July 2008)

International Human Rights Law

• John Tobin, PhD
  'Dancing with Folk Devils: Adopting a Rights-Based Approach to the Administration of Juvenile Justice'
  Supervisors: Anne Orford and Philip Alston (expected completion date: October 2008)

Law of International Institutions

• Andrew Coleman, PhD
  'The Role of the International Court of Justice and Self-Determination'
  Supervisors: Tim McCormack and Tania Voon (expected completion date: December 2007)
  
  
• Alison Duxbury, PhD
  'The Role of Human Rights and Democracy in Determining the Participation of States in International Organisations'
  Supervisor: Tim McCormack (expected completion date: May 2008)

Use of Force and International Law

• Jessica Howard, PhD
  ''To Deter and Deny': International Law and Australia's Interdiction of Asylum Seekers'
  Supervisor: Tim McCormack (expected completion date: July 2008)
  
  
• Bruce Oswald, PhD
  'The Application of International Law to United Nations and Regional Peace Operations'
  Supervisors: Tim McCormack, Daniel Bethlehem and Wendy Larcombe (expected completion date: October 2008)

• Phoebe Wynn-Pope, PhD
  ‘The Responsibility to Protect against Crimes against Humanity and Genocide: Applying the Principle’
  Supervisors: Tim McCormack and Tim Lindsey (expected completion date: December 2009)

CURRENT CENTRE PARTICIPATION IN MAJOR PROJECTS

 International Humanitarian Law Series – Martinus Nijhoff Publishers

Martinus Nijhoff Publishers, based in Leiden, are the publishers of the International Humanitarian Law Series – the world’s first series of authored and edited volumes in the English language dedicated to the international legal regulation of armed conflict. The series seeks to explore the substantive issues of International Humanitarian Law including, for example, the protection of victims of armed conflict, the means and methods of warfare, the implementation of International Humanitarian Law and the enforcement of this area of the law. The series also aims to raise issues of interaction between International Humanitarian Law and other related areas of the law such as Human Rights, Refugee Law, Arms Control and Disarmament and International Criminal Law.

Professor Tim McCormack is editor-in-chief of the series with Professor Christopher Greenwood QC, Professor of Public International Law at the London School of Economics and Political Science.

Select to view titles of the twelve volumes in the series.

Australia’s Post World War II War Crimes Trials – Australian War Memorial

It is generally little known that Australian military tribunals tried more than 820 Japanese defendants for alleged war crimes and crimes against humanity in the aftermath of World War II. Professor McCormack successfully applied to the Australian Research Council for research grant funding in collaboration with the Australian War Memorial to enable a PhD student to undertake research on this important part of Australia’s military and legal history. The grant involved $97,000 over three years and Michael Carrel was awarded the scholarship to complete his doctoral thesis on this project. Michael was based in Canberra working with the historical records of both the Australian War Memorial and the Australian Archives. Dr Peter Londey, one of the Memorial’s historians, and Professor McCormack acted as Michael’s supervisors. Michael submitted his PhD for examination in December 2005.

The Challenges of Peace Operations Project

The Challenges Project was established in 1997 with an inaugural workshop hosted by the Swedish National Defence College . The Project’s primary objectives are to foster and encourage a culture of cross-professional cooperation and partnership with the aim of exploring and conveying more effective and legitimate ways of dealing with multinational and multidisciplinary peace operations. The Project’s objectives are met through the hosting of Challenges Seminars by various Partner Organisations. The APCML accepted the role of designated Australian partner organisation to the Challenges Project at the request of the International Policy Division of the Department of Defence. It subsequently hosted the 11 th Challenges Seminar entitled ‘The Rule of Law on Peace Operations’ at Melbourne University Law School in November 2002.

The APCML's ongoing commitment to the work of the Challenges Project is demonstrated by Associate Director Bruce Oswald’s attendance and contribution at the 13 th, 14 th and 15 th Challenges Seminars as well as the Partners Draft Report Session for the Challenges Project Phase II: Concluding Report 2005.

APCML Deputy Director LTCOL Geoff Cameron and Associate Director COL Mike Kelly from International Policy Division will attend the handover of the Phase II Report on 19 January 2006 in New York. The handover will be accompanied by workshop sessions to discuss implementation and a meeting of the partners to discuss the future of the project. COL Kelly will conduct the workshop on the Rule of Law Chapter, reflecting the leadership by the APCML on this aspect of the Report.

The Challenges process has had a strong influence on UN reform and peace operations practice, as well as being an excellent vehicle for the interchange of information amongst subject matter experts and policy makers. Participation in the Project is one of Defence’s International Engagement Policy objectives, reflecting the importance attached to it by Australia.

United Nations Convention on the Rights of the Child

John Tobin's principal research project has been a commentary to the United Nations Convention on the Rights of the Child which he is co-authoring with Professor Philip Alston, Special Rapporteur on Arbitrary Executions and Extrajudicial  Killings, who is based at the Centre for Human Rights and Global Justice at New York University.

The Commentary is an extremely ambitious project which aims to fill an enormous gap in the literature concerning children's rights by providing the most comprehensive commentary ever written on the Convention on the Rights of the Child.  The scope of the topics addressed is certainly without precedent and ranges from considerations of a child's right to an identity and protection against violence and abuse, to areas such as child labour, prostitution, pornography, trafficking and armed conflict.  It is anticipated that the Commentary will be completed in 2006 and be published by Oxford University Press

Contact details:

University Node Cathy Hutton Administrator Asia-Pacific Centre for Military Law Law School The University of Melbourne VIC 3010 AUSTRALIA Tel: + 61 3 8344 4775 Fax: + 61 3 8344 0054 Email: law-apcml@unimelb.edu.au

Military Node Ian Martin Administrator Asia-Pacific Centre for Military Law Building 100 Randwick Barracks Avoca Street RANDWICK NSW 2031 AUSTRALIA Tel: + 61 2 9349 0628 Fax: +61 2 9349 0757 Email: mlc.admin@defence.gov.au