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Law and the Future of War
Podcast

Law and the Future of War

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3

Through conversation with experts in technology, law and military affairs, this series explores how new military technology and international law interact. Edited and produced by Dr Lauren Sanders and Dr Simon McKenzie, the podcast is published by the Asia-Pacific Institute for Law and Security. Until July 2024, the podcast was published by the University of Queensland School of Law.Note: the views expressed in this podcast are those of the speakers and do not necessarily reflect the views of any other organisation (such as Government, or Departments of Defence), unless the speaker specifically attributes their comments to that organisation. 

Through conversation with experts in technology, law and military affairs, this series explores how new military technology and international law interact. Edited and produced by Dr Lauren Sanders and Dr Simon McKenzie, the podcast is published by the Asia-Pacific Institute for Law and Security. Until July 2024, the podcast was published by the University of Queensland School of Law.Note: the views expressed in this podcast are those of the speakers and do not necessarily reflect the views of any other organisation (such as Government, or Departments of Defence), unless the speaker specifically attributes their comments to that organisation. 

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The Geneva Conventions and the Third World - Srinivas Burra

Send us a text In this episode, Dr Simon McKenzie talks with Associate Professor Srinivas Burra about the Third World and the Geneva Conventions. They discuss the value of taking a Third World perspective of international law, and how being attentive to the view from these State helps explain the form and operation of international humanitarian law.  Srinivas Burra is an Associate Professor of Law at South Asian University in New Delhi. He has written on the Geveva Conventions, teaches international humanitarian law, and has worked with the ICRC and other international organisations. Further reading Srinivas Burra, 'Four Geneva Conventions of 1949: a Third World View.' Revisiting the Geneva Conventions: 1949-2019 (Brill Nijhoff, 2019) 190-214. Boyd Van Dijk, Preparing for War: The Making of the 1949 Geneva Conventions (Oxford University Press, 2022). Antony Anghie, Imperialism, sovereignty and the making of international law (Cambridge University Press, 2007). Giovanni Mantilla, Lawmaking Under Pressure: International Humanitarian Law and Internal Armed Conflict (Cornell University Press, 2020) Legality of the Threat or Use of Nuclear Weapons (Advisory Opinion) [1996] ICJ 3, Dissenting Opinion of Judge Weeramantry Chris Jochnick and Roger Normand, “The Legitimation of Violence: A Critical History of the Laws of War” (1994) 35(1) Harvard International Law Journal 49-95. Chris Jochnick and Roger Normand, “The Legitimation of Violence: A Critical Analysis of the Gulf War” (1994) 35(2) Harvard International Law Journal 387-416.
Internet and technology 9 months
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45:25

The Geneva Conventions at sea - André Smit (ICRC)

Send us a text As part of the 75th anniversary series on the Gevena Conventions, Lauren Sanders speaks to André Smit - the ICRC Regional Legal Adviser on Maritime Matters (Asia-Pacific) when he visited Australia in September 2024. They discuss the applicability of Geneva Convention II (GC II) on the Amerlioraton to the region and challenges for states in applying their obligations under GC II in the event of a maritime conflict in the region.  André supports the work of the International Committee of the Red Cross (ICRC) in Asia and the Pacific region from the ICRC Regional Resources Network (RRN) in Thailand. The role focusses on advancing the regional understanding of international humanitarian law applicable to armed conflict at sea, strengthening the application of other legal protection regimes at sea, supporting the work of other ICRC métiers and ICRC Delegations on related files, and supporting the ICRC institutional thinking on its future positioning in Asia and the Pacific.  His work experience includes practising law; serving as officer in the South African National Defence Force; and service in the South African Foreign Ministry as counsel to Government on International Law. In the military, he served at unit-, training-, Joint Operations-, and Defence Headquarters-levels retiring as a senior officer supporting policy and international law. He provided operational legal support to operations and supported the force preparation of naval infantry, maritime air operations squadrons (helicopter and fixed wing), the submarine service. The culmination of his time as an instructor was serving as Director of the Departmental Course on International Humanitarian Law. After military service, as State Law Adviser (International Law) in the foreign Ministry, he fulfilled legal and diplomatic functions (at the level of counsellor), represented the Government in various bilateral and multilateral diplomatic forums, and co-drafted South Africa’s submissions to the International Court of Justice. He was a long-standing member of the South African National Committee on International Humanitarian Law. He lectured at various universities and other training institutions on topics including air and space law, law of the sea, the interfaces of human rights and international humanitarian law in military operations, and at different diplomatic academies with minor publications on related topics of maritime operations. 
Internet and technology 9 months
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53:28

The Geneva Conventions and Non-State Armed Groups - Katharine Fortin

Send us a text In this episode, Simon speaks with Dr Katharine Fortin about non-international armed conflicts, focussing on the intersections between IHL, international human rights law and armed non-State actors. Dr Katharine Fortin is a senior lecturer of public international law and human rights at Utrecht University's Netherlands Institute of Human Rights. She is the Editor in Chief of the Netherlands Quarterly of Human Rights and founder of the Armed Groups and International Law blog. Her book The Accountability of Armed Groups under Human Rights Law (OUP, 2017) won the Lieber Prize in 2018. She is Co-Investigator on the Beyond Compliance Consortium: Building Evidence on Promoting Restraint by Armed Actors. Katharine has a LLM and PhD from the Utrecht University. She is a qualified solicitor in the UK and previously worked at Norton Rose Fulbright, the Council of Churches of Sierra Leone, the ICC and the ICTY. Additional resources: Fortin, Katharine ‘Mapping Calamities: Capturing the Competing Legalities of Spaces under the Control of armed non State Actors without erasing everyday civilian life’ (2023) 8(1) Social Science and Humanities Open Matthew Bamber-Zryd, 'ICRC engagement with armed groups in 2024' Humanitarian Law & Policy Blog (31 October 2024) Katharine Fortin and Ezequiel Heffes (eds), Armed Groups and International Law: In the Shadowland of Legality and Illegality (Edward Elgar, 2023) Naz Modirzadeh, 'Cut These Words: Passion and International Law of War Scholarship' (2020) 61(1) Harvard International Law Journal 1. Zoe Pearson, 'Spaces of International Law' (2008) 17 Griffith Law Review 489. Helen Kinsella, The Image Before the Weapon: A Critical History of the Distinction between Combatant and Civilian (Cornell University Press, 2015) Kieran McIvoy, 'Beyond Legalism: Towards a Thicker Understanding of Transitional Justice' (2007) 34(4) Journal of Law and Society 411. Sally Engle Merry, The Seductions of Quantification: Measuring Human Rights, Gender Violence and Sex Trafficking (University of Chicago Press, 2016) Ana Arjona, Rebelocracy: Social Order in the Colombian Civil War (CUP, 2016) Zachariah Cherian Mampilly, Rebel Rulers: Insurgent
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46:29

The Geneva Conventions in History - Helen Kinsella and Giovanni Mantilla

Send us a text In this episode, Simon speaks to Professor Helen Kinsella and Associate Professor Giovanni Mantilla, two leading experts on the history and formation of the Geneva Conventions and IHL more generally. They discuss the negotiations leading up the Geneva Conventions and Additional Protocol, exploring some of the political tensions that sits behind the provisions of these key legal texts. This includes how the law treats non-state actors and non-international armed conflict, as well who gets the right to wage war.  Helen Kinsella is a Professor of Political Science and Law at the University of Minnesota. Her research focuses on the theorization of gender and armed conflict and she is currently working on a book on sleep in war and another on the histories of the laws of war through the United States' wars against Native peoples.  She is the author of The Image before the Weapon (Cornell University Press, 2011), which won the 2012 Sussex International Theory Prize. Helen has a PhD in Political Science and an MA in Public Policy from the University of Minnesota, Twin Cities, and a BA in Political Science and Gender Studies from Bryn Mawr College. Giovanni Mantilla is an Associate Professor in the Department of Politics and International Studies at Cambridge University, Fellow of Christ’s College, and Fellow of the Lauterpacht Centre for International Law. His research focusses on the operation of multilateralism, particularly practices of social pressure and pressure management in diplomacy, global governance, and international legal processes. His book Lawmaking under Pressure: International Humanitarian Law and Internal Armed Conflict (Cornell University Press, 2020) received the 2021 Francis Lieber award. Additional Resources Helen M Kinsella and Giovanni Mantilla, 'Contestation before Compliance: History, Politics, and Power in International Humanitarian Law' (2020) 64(3) International Studies Quarterly 649. Helen Kinsella, 'Settler Empire and the United States: Francis Lieber on the Laws of War' (2023) 117(2) American Political Science Review 629.   Vasuki Nesiah, International Conflict Feminism: Theory, Practice, Challenges (University of Pennsylvania Press, 2024) Thomas Gregory, Weaponizing Civilian Protection (Oxford University Press, 2025) Tom Dannenbaum, 'Siege Starvation: A War Crime of Societal Torture' (2021) 22(2) Chicago Journal of International Law 368. Boyd Van Dijk, Preparing for War: The Making of the Geneva Conventions (Oxford University Press, 2022)  Craig Jones, The War Lawyers: The United States, Israel and Juridical Warfare (Oxford University Press, 2020) Janina Dill, Legitimate Targets? Social Construction, International Law and US Bombing (Cambridge University Press, 2014)
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57:22

75 Years of the Geneva Conventions - Lauren Sanders and Simon McKenzie

Send us a text In this series introduction, Dr Lauren Sanders and Dr Simon McKenzie talk about the Geneva Conventions, and what is in store for the Law and the Future of War podcast over the next few months.
Internet and technology 1 year
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24:38

A functional approach to the legal review of Autonomous Weapon Systems - webinar recording

Send us a text This episode is a recording of the  Asia-Pacific Institute for Law and Security  webinar hosted on 21 November 2024 on the functional approach to the legal review of autonomous weapon systems (AWS). AWS are no longer limited to science fiction. Conflicts in the Ukraine and Gaza demonstrate an increased trend toward the use of autonomy in the use of force in armed conflict. This webinar will focus on the legal review obligation under Article 36 of Additional Protocol I to the Geneva Conventions, and will consider how states can determine the legality of AWS. The event will launch a new book by Dr Damian Copeland on the topic and include a panel of experts discussing the challenges in ensuring the development and use of AWS are lawful and ethical. Ms Vanessa Wood (Australia’s Ambassador for Arms Control Counter-Proliferation) will make some opening remarks, followed by a panel discussion moderated by Dr Lauren Sanders (APILS). Dr Wen Zhou (ICRC Legal Division), Ms Netta Goussac (SIPRI), Dr Natalia Jevglevskaja (APILS) and Dr Damian Copeland (APILS) will speak on the panel. Dr Rain Liivoja (APILS) will host the webinar. See Dr Copeland's book here:  A Functional Approach to the Legal Review of Autonomous Weapon Systems, Brill International Humanitarian Law Series Volume 72, 2024. 
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01:32:11

Regulation of novel technology: Trusted Autonomous Systems: Simon Ng and Clare East

In this episode we continue our futures mini-series, and speak with Dr Simon Ng and Ms Clare East about the challenges of adopting novel technology and influencing its regulation. In particular, as the Chief Scientist and Manager of Law, Regulation and Assurance at the Trusted Autonomous Defence Cooperative Research Centre, we hope to tease out the regulatory and engineering challenges associated with advancing adoption of novel military technologies that have been learned through TAS’ tenure. Dr Simon Ng is Chief Technology Officer at TAS. Graduating from Monash University with a PhD in 1998, he completed a Post-Doctoral Fellowship at CSIRO before joining DSTG, where he developed techniques for military operations experimentation, and applied systems methods to surveillance and response, space operations and autonomous aerial systems. He was previously DSTG Group Leader for the Joint Systems Analysis and Aerial Autonomous Systems Groups, and Associate Director of the Defence Science Institute. He is Australia’s National Lead on The Technical Cooperation Program Technical Panel “UAS Integration into the Battlespace”, and is a Graduate of the Australian Institute of Company Directors.  Clare East is General Manager – Law, Regulation & Assurance at TAS, and Director of East Consulting Services. Clare is a lawyer by background with significant expertise in modern regulatory approaches, and has helped a range of different organisations respond to and harness the challenges and opportunities posed by rapid change. Clare has more than ten years in public policy and regulation, having started her career at the Department of the Prime Minister and Cabinet before moving on to a number of private and public sector roles, including as Manager, Maritime Regulation at the Australian Maritime Safety Authority and Director, Regulatory Standards and Policy at the National Heavy Vehicle Regulator. Additional resources: Alondra Nelson, The Right Way to Regulate AI: Focus on Its Possibilities, Not Its Perils, Foreign Affairs, 12 January 2024 J. Robert Oppenheimer,  International Control of Atomic Energy, Foreign Affairs,  January 1948 Kazuo Ishiguro,  Klara and the Sun, 2021 Robotic and Autonomous Systems Gateway (RAS Gateway), Trusted Autonomous Systems  Rachel Horne (2024) Navigating to smoother regulatory waters for Australian commercial vessels capable of remote or autonomous operation. PhD by Publication, Queensland University of Technology. Australian Department of Industry, Science and Resources,  The Australian Government’s interim response to safe and responsible AI consultation, January 2024  
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47:56

The Woomera Manual on the International Law of Military Space Operations - Dale Stephens

In this episode we hear from Professor Dale Stephens on the long-awaited release of The Woomera Manual on the International Law of Military Space Operations, how it came about, what it is intended to do, and where international law might be headed in relation to military space operations - as well as the challenges in drafting an international law Manual dealing with the law in a highly changing and novel domain.  Released in May this year, the Woomera Manual focuses on the law as it is, and creates a set of Rules and accompanying Commentary dealing with international law in a military space context. Professor Dale Stephens CSM FAAL is a Professor at the University of Adelaide and a Captain in the Royal Australian Navy Reserve. He has occupied senior legal positions in the Australian Defence Force and undertook numerous operational deployments. He is Director of the Adelaide University Research Unit on Military Law and Ethics. He researches and teaches in the areas of International Law, Space Law, Military Operations Law and Law of Armed Conflict. He is Chair of the SA Red Cross IHL Committee. He was awarded his LL.M and SJD from Harvard Law School and is a Fellow of the Australian Academy of Law. Additional Resources: The Woomera Manual The Artemis Accords OEWG on Responsible Behaviours in Space
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43:32

Bounded Autonomy, Meaningful Human Control and Military AI - Jan Maarten Schraagen

In this episode we dive into issues of human-machine teaming, with human factors engineer Jan Maarten Schraagen. Having edited the recently released book, Responsible Use of AI in Military Systems, Jan Maarten is an expert on how brittle technologies influence joint cognitive system performance. In this episode, in addition to exploring the book, we explore the outcomes of the 2023 REAIM Summit and what we can hope for from the 2024 Summit;  talk about multidisciplinarity in the responsible military AI debate; and how we should be thinking about capability envelope of military AI - that is, how it can or should be restricted in the conditions under which it can operate.  Jan Maarten Schraagen is a cognitive systems engineer at TNO, and studies how brittle technologies influence joint cognitive system performance. He is a human factors specialist with broad experience in optimizing work processes and teamwork design. He is particularly interested in making work safe, productive and healthy, and improving resilience in sociotechnical work systems. Additional resources: Jan Maarten Schraagen (ed), Responsible Use of AI in Military Systems, CRC Press, 2024 Ekelhof, M.A.C. (2018). Lifting the Fog of Targeting: “Autonomous Weapons” and Human Control through the Lens of Military Targeting. Naval War College Review, 71(3), 61-94. Ekelhof, M.A.C. (2019). Moving beyond semantics on autonomous weapons: Meaningful human control in operation. Global Policy, 10(3), 343-348. Endsley, M.R. (2017). From here to autonomy: Lessons learned from human-automation research. Human Factors, 59(1), 5-27. Taddeo, M., & Blanchard, A. (2022). A comparative analysis of the definitions of autonomous weapons systems. Science and Engineering Ethics, 28, 37-59. Herbert Simon, Bounded Rationality, Utility and Probability, NPA, 1990 Peeters, M.M.M., van Diggelen, J., van den Bosch, K., Bronkhorst, A., Neerincx, M.A., Schraagen, J.M., Raaijmakers, S. (2021). Hybrid collective intelligence in a human–AI society. AI and Society, 36(1), 217-238. Schraagen, J.M.C., Barnhoorn, J.S., Van Schendel, J., & Van Vught, W. (2022). Supporting teamwork in hybrid multi-team systems. Theoretical Issues in Ergonomics Science, 23(2), 199-220. Van der Kleij, R., Schraagen, J.M.C., Cadet, B., & Young, H.J. (2022). Developing decision support for cybersecurity threat and incident managers. Computers & Security, 113, 102535. Schraagen, J.M.C. (2023). Responsible use of AI in military systems: Prospects and challenges. Ergonomics, 66(11), 1719 – 1729.
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54:51

OpinioJuris Symposium on Military AI and the Law of Armed Conflict - Lena Trabucco

Part of the ongoing debate about the lawfulness of autonomy in military systems in the manner in which the technology integrates with and interacts with its human masters.  The term Meaningful Human Control (or MHC) has garnered particular relevance in this debate. Today we speak with Dr Lena Trabucco about her upcoming OpinioJuris Symposium on Military AI and the Law of Armed Conflict, co-edited with Dr Magda Packholska, on this issue, as well as her work on legal challenges associated with emerging technology more broadly. Lena is a research fellow, a visiting scholar at the Stockton Center for International Law at the US Naval War College, and research fellow at the Technology, Law and Security Program at American University College of Law and the University of Copenhagen. Her research focuses on the intersection of international law and emerging military technology, particularly autonomous weapon systems. She has multiple projects examining human control throughout an autonomous weapon system life cycle. Previously, she was a post-doctoral researcher at the Centre for Military Studies at the University of Copenhagen. Lena received a PhD in law from the University of Copenhagen and a PhD in international relations from Northwestern University. Additional resources: Opinio Juris Symposium on Military AI and the Law of Armed Conflict Kevin Jon Heller, 'The Concept of 'The Human' in the Critique of Autonomous Weapons', 14 Harvard National Security Journal (2023) Magdalena Pacholska, 'Military Artificial Intelligence and the Principle of Distinction: A State Responsibility Perspective', Israel Law Review (2022), 1–21 Rebecca Crootof, 'A Meaningful Floor for 'Meaningful Human Control', Temple International & Comparative Law Journal, Vol. 30, 2016 Kenneth Payne's Substack Killer Robot Cocktail Party (Lena and Brad Boyd's substack)
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45:38

Article 57, those who plan or decide on attacks and autonomous weapons - Renato Wolf

In this episode, Lauren Sanders is speaking with fellow LFW researcher, Renato Wolf about the issue of determining where legal obligations lie in the conduct of attacks, carried out by AWS. In particular they delve into his research about the Art 57 term ‘those who plan or decide attacks’ to see how that maps onto AWS, how that features in the AWS debate and what needs to be thought about in operationalising this legal obligation. Renato Wolf is an international lawyer who served as a legal adviser to the Swiss Armed Forces for nearly ten years. He was deployed to Kosovo and Bosnia-Herzegovina, and then spent two years working as a legal advisor to the Disarmament, Demobilization and Reintegration Unit at the United Nations Headquarters in New York. He holds a Bachelor of Law and a Master of Law with a specialization in international law from the University of Bern, Switzerland, as well as a Master of Arts in War in the Modern World from the King’s College London. He is currently a research fellow at the University of Queensland and finalizing his PhD on the legal review of autonomous weapons.
Internet and technology 1 year
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51:18

Future of War series: Stuart Casey-Maslen and Directed Energy Weapons

In this episode, Dr Lauren Sanders speaks with Professor Stuart Casey-Maslen about Directed Energy Weapons. They traverse the existing legal controls on these weapons, and speak about the potential for future regulation of novel uses of energy weapons in armed conflict.  This conversation preceded a presentation by Dr Casey-Maslen, Dr Sanders and  Dr Altman for UNIDIR, which was a side event to the Convention on Certain Conventional Weapons Meeting of States Parties, held in November 2023.  Stuart Casey-Maslen is an international lawyer and Professor at the University of Pretoria, specialising in the use of force and the protection of civilians, and he has published numerous books and articles on this topic. He is also an Associate Fellow within the Global Fellowship Initiative of the GCSP.  Additional Resources:  United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement, 01 June 2020. ICRC Expert Meeting on Legal Reviews of Weapons and the SlrUS Project. A/78/324: Thematic study on the global trade in weapons, equipment and devices used by law enforcement and other public authorities that are capable of inflicting torture and other cruel, inhuman or degrading treatment or punishment, 24 Aug 23.
Internet and technology 2 years
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35:31

Future of War series: Algorithmic Futures with Zena Assaad and Elizabeth Williams

As part of our ‘futures’ mini-series, in this episode we are looking specifically at Algorithmic Futures, with hosts of the podcast of the same name: Dr Zena Assaad and Dr Elizabeth Williams, both from ANU. Today we are going to specifically focus on the breadth of the design and uncertainty problem for capabilities augmented by algorithms.   Elizabeth T. Williams is an Associate Professor in the School of Engineering at the Australian National University (ANU).  She has a PhD in experimental nuclear structure from Yale University. Since joining the ANU in 2012, Liz has held an ARC DECRA Fellowship, mucked about with accelerators, code, and superheavy elements, and explored complexity in real-world technological systems. She also led the creation of the hands-on half of the Masters of Applied Cybernetics, convened the School of Cybernetics 2021 PhD cohort program, and will soon convene the newly created Nuclear Systems major and minor for the School of Engineering’s Bachelor of Engineering programs. Zena Assaad is a senior research fellow within the School of Engineering at the Australian National University (ANU). Zena studied a Bachelor of Aerospace Engineering and completed a PhD exploring decision-making under uncertainty to support strategic air traffic flow management. Zena currently holds a fellowship position under the ethics uplift program with trusted autonomous systems, exploring human-machine teaming; and is also a fellow with the Australian Army Research Centre researching autonomy in swarms and human-machine teams. Additional Resources: Algorithmic Futures - podcast by Zena Assaad and Liz Williams Klara and the Sun - K Ishaguro, 2021 The Ironies of Automation - L Bainbridge, Automatica, Vol. 19, No. 6. pp. 775 779, 1983 
Internet and technology 2 years
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38:02

Future of war series: Biological warfare and transparency on the battlefield with Robert Lawless

Continuing our future of war series, this episode dives into the legal implications of increasing transparency of the battlespace as a result of technological change; and looks at developments in biological warfare that challenge the long-standing prohibition on biological weapons at international law. We speak with Rob Lawless from the Leiber Institute, at the Westpoint Academy to hear more.  Robert Lawless is an Associate Professor in the Department of Law at the United States Military Academy, West Point. He teaches various courses, including military law and the law of armed conflict. He is also the Research Director of the Lieber Institute for Law and Warfare and one of the editors of Articles of War.   Professor Lawless previously spent ten years as an active-duty military officer in the U.S. Army JAG Corps., serving in several positions advising commanders on legal issues. He also spent almost three years as an Army litigator, representing both the U.S. government and individual soldiers in courts-martial and other military justice forums.  Additional resources: Lieber Studies Series Articles of War Blog Professor Nasu's works on nanotechnology 1925 Geneva Protocol Biological Weapons Convention Sean Watts, Law-of-War Perfidy, 219 Mil L. Rev. 106 (2014)
Internet and technology 2 years
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45:13

Future of War: Artur Gruszczak - The Routledge Handbook on the Future of War

In this third episode in our futures mini-series, we continue our scoping of the utility of seeking to predict the future of war; before deep diving into emerging and disruptive technologies. Recorded in late September 2023, we are speaking with Artur Gruszczak about the Future of War, and his recently edited Handbook on the same topic, released by Routledge this September. Artur Gruszczak holds a PhD in Political Science from Jagiellonian University in Krakow. Currently he holds an appointment there as an Associate Professor of Political Science, Chair of National Security at the Faculty of International and Political Studies.  Since 2014 he has been Faculty Member of the European Academy Online run by the Centre international de formation européenne in Nice. His academic interests and research areas include: security studies, EU area of freedom, security and justice, intelligence cooperation in the European Union, and the evolution of modern warfare. Additional resources:  Handbook of the Future of Warfare, Edited By Artur Gruszczak, Sebastian Kaempf, Routledge, 2023 The Weaponisation of Everything, Mark Galeotti, Yale University Press, 2023 New and Old Wars, Mary Kaldor, Stanford University Press, 2012 Pearl Harbour: Warning and Decision, Roberta Wohlstetter, Stanford University Press, 1962 Theorising Future Conflict, Mark Lacy, Routledge 2024. War Transformed, Mick Ryan 2022.  The Future of War: A History, Lawrence Freedman 2018. Warrior Geeks, Christopher Coker, 2013.
Internet and technology 2 years
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44:01

Future of War series: David Kilcullen and Ian Langford: the Future of Australia's Defence Strategy and the Indo-Pacific

Recorded in early September 2023,  this episode continues our futures mini-series, where we speak with Dr Ian Langford and Professor David Killcullen about the future of war in the Indo-Pacific region. In this episode we will be getting a download on what the change in geopolitics in the Indo-Pacific means for Australia, and how that might impact choices relating to technology, acquisitions and their subsequent use and regulation; as well as discussing what the future of proxy warfare and modern counterinsurgency might look like. Dr Ian Langford, DSC and Bars, is a member of a member of UNSW’s Future Operations Research Group and is a strategic adviser with UBH Group, a leading Sovereign Information Domain (SID) company. Dr Langford is a regular contributor to the Australian Army Research Centre, and in addition to being a Distinguished Graduate of the United States Marine Corps Command and Staff College and the School of Advanced Warfighting, he has recently retired from the Australian Army as a Brigadier where he filled multiple senior roles including – relevant to our discussion today – as the Army’s Director General of Future Land Warfare and the Head of Land Capability. Dr David Kilcullen is a former soldier and diplomat, and a scholar of guerrilla warfare, terrorism, urbanisation and the future of conflict, who served 25 years for the Australian and United States governments. During the Iraq War, he served in Baghdad as a member of the Joint Strategic Assessment Team, then as Senior Counterinsurgency Advisor, Multi-National Force Iraq in 2007, before becoming Special Advisor for Counterinsurgency to U.S. Secretary of State Condoleezza Rice on counterinsurgency; and in addition to holding senior academic roles across a number of institutions, he has written six books on counterinsurgency. Additional resources: -  Australian Defence Strategic Review - USMC Stand-In Force Concept - UK Future Commando Force Concept
Internet and technology 2 years
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52:46

Contemporary International Criminal Law Issues - Guilty pleas and the ICC: Charles Adeogun-Phillips Part 2

In this episode, we conclude our interview with Dr Charles Adeogun-Phillips, discussing guilty pleas and their development in international criminal law. Dr Charles A. Adeogun-Phillips is an accomplished international lawyer and former lead international prosecutor. He founded the cross-border law firm of Charles Anthony LLP, following a distinguished legal career at the UN, wherein he successfully led teams of international prosecutors in 12 precedent-setting genocide trials before the United Nations International Criminal Tribunal for Rwanda, making him arguably one of the most experienced and successful genocide prosecutors in history. In 2021, he was called to the Bar of England and Wales as a transferring Solicitor, by the Honourable Society of Lincoln’s Inn, and practises as a Barrister from the prestigious Guernica 37 (International Justice) Chambers in London and The Hague. In 2022, he was awarded the degree of Doctor of Laws (honoris causa) by his alma mater, Warwick University, in recognition of his outstanding contribution to the development of international criminal law. He contributed to the book International Criminal Investigations, Law, and Practice—“The Challenges of International Investigations and Prosecutions: Perspectives of a Prosecutor” published by Eleven International, The Hague in 2018. He is the focal point for Nigeria at the ICC Bar Association. Additional Resources  Nancy Combs Kosovo Specialist Chambers  Special Panels for Serious Crimes (East Timor).
Internet and technology 2 years
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51:15

Contemporary International Criminal Law Issues - Guilty pleas and the ICC: Charles Adeogun-Phillips

In this interview, we are speaking with Dr Charles Adeogun-Phillips about the history of guilty pleas in international criminal law, as an author of a chapter on the same topic, as part of the edited works, Contemporary International Criminal Law Issues - Contributions in Pursuit of Accountability for Africa and the World. The challenges associated with the running of international criminal trials are extensive, and establishing a process for plea bargaining, to satisfactorily address some of the legal challenges associated with atrocity crimes, is an even more delicate one.   Today we are talking with Dr Adeogun-Phillips about how this process has evolved over the course of the ad hoc tribunals, and what plea bargaining means in terms of accountability for international criminal offences.  Dr Charles A. Adeogun-Phillips is an accomplished international lawyer and former lead international prosecutor. He founded the cross-border law firm of Charles Anthony LLP, following a distinguished legal career at the UN, wherein he successfully led teams of international prosecutors in 12 precedent-setting genocide trials before the United Nations International Criminal Tribunal for Rwanda, making him arguably one of the most experienced and successful genocide prosecutors in history. In 2021, he was called to the Bar of England and Wales as a transferring Solicitor, by the Honourable Society of Lincoln’s Inn, and practises as a Barrister from the prestigious Guernica 37 (International Justice) Chambers in London and The Hague. In 2022, he was awarded the degree of Doctor of Laws (honoris causa) by his alma mater, Warwick University, in recognition of his outstanding contribution to the development of international criminal law. He contributed to the book International Criminal Investigations, Law, and Practice—“The Challenges of International Investigations and Prosecutions: Perspectives of a Prosecutor” published by Eleven International, The Hague in 2018. He is the focal point for Nigeria at the ICC Bar Association.
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28:07

Contemporary ICL Issues - Sexual and Gender-Based Violence: What Legacy for the New ICC Prosecutor? - Natacha Bracq

We continue this international criminal law mini-series by speaking with Natacha Bracq, who wrote a chapter on gender and sexual-based violence in Contemporary International Criminal Law Issues - Contributions in Pursuit of  Accountability for Africa and the World, which deals with a range of issues impacting contemporary ICL practice in Africa and around the world.  Her chapter, Sexual and Gender-Based Violence: What Legacy for the New ICC Prosecutor?  focuses on the International Criminal Court specifically,  highlighting that the court still struggles to effectively address such crimes and continues to repeat the errors of the past. Natacha works as a Legal Advisor with Dignity, the Danish Institute against Torture, and is also the founder of the first blog entirely dedicated to ICL in the French language (www.blogdip.org). Previously, amongst other roles, she worked as a lawyer at the Paris Bar and as the  Senior Officer for Training and Capacity Building at the International Nuremberg Principles Academy. She has worked with Wayne Jordash QC before various international tribunals including the ICJ, ICTY, and ICC.  Additional Resources:  Prosecuting Sexual and Gender-Based Crimes in the International Criminal Court,  Rosemary Grey, 2019  Prosecuting Conflict-Related Sexual Violence at the ICTY, edited by Baron Serge Brammertz and Michelle Jarvis, 2016  International Protocol on the Documentation and Investigation of Sexual Violence in Conflict, June 2014, from the United Kingdom's Foreign and Commonwealth Office The Hague Principles on Sexual Violence The Murad Code 
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Future of War series: Sir Lawrence Freedman - The History of the Future of War (Ukraine Update)

We start our futures mini-series by speaking with an eminent military historian on the future of warfare. In this episode we are delighted to be joined by Sir Lawrence Freedman. Recorded in September 2023 he joins us to talk about the future of warfare, having regard to his approach to predicting future war, as outlined in The Future of War: A History; and the update to this commentary, taking into account the lessons to be learned from the ongoing conflict in the Ukraine.: Modern Warfare: Lessons from Ukraine. Professor Sir Lawrence Freedman is Emeritus Professor of War Studies, King's College London. Elected a Fellow of the British Academy in 1995 and awarded the CBE in 1996, he was appointed Official Historian of the Falklands Campaign in 1997. In 2003, he was awarded the KCMG. In June 2009, he was appointed to serve as a member of the official inquiry into Britain and the 2003 Iraq War. He has written widely on international history, strategic theory and nuclear weapons issues, as well as commenting on current security issues. Among his books are Strategy: A History (2013, OUP) and Command: The Politics of Military Operations from Korea to Ukraine (2023, Penguin). You can read more of Freedman's commentary on his substack, Comment is Freed. Additional resources: Lawrence Freedman: Modern Warfare, Lessons from Ukraine (2023, A Lowy Institute Paper/Penguin) David Patreus and Andrew Roberts: Conflict: The Evolution of Warfare from 1945 to Ukraine (2023, Harper Collins) Mick Ryan: War Transformed (2022, Naval Institute Press). Mick Ryan's substack: Futura Doctrina Phillip O'Brien's substack: Phillip's Newsletter
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