International Humanitarian Law:
Issues of Current Significance and in Memory of Henri Dunant
4 December 2015, 8:45am-12:45pm, VUW Law School Room G34 (Ground Floor)
Programme
8:45am: Assembly and Introductions
9:00am: Seminar introduction by first session chair Dr Roderic Alley
9:05am: Sir Kenneth Keith
A Glass Half Empty or Half Full? The Obligation of States to Respect, and Ensure Respect for,
International Humanitarian Law
In brief: the means of implementation, national and international; before, during and after the
armed conflict; public or confidential; humanitarian, moral, religious, political and economic forces
and values. Further methods of implementation being proposed at the International Conference of
the Red Cross and Red Crescent in Geneva, Switzerland, on 8-10 December 2015.
Sir Kenneth Keith is now back at VUW Law School, where he taught for many years, after being
a judge in New Zealand, occasionally in the Pacific and, most recently, at the International Court
of Justice. He was earlier a member of the legal division of the New Zealand Department of
External Affairs and the Office of Legal Affairs in the United Nations Secretariat, director and
president of the New Zealand Institute of International Affairs, leader of the New Zealand
delegation at the Conference for the updating of the Geneva Conventions, a member and president
of the International Humanitarian Fact-Finding Commission elected under the Protocols adopted
at that Conference, and in the New Zealand team at the ICJ in 1973, 1974 and 1995 attempting to
stop French nuclear testing in the South Pacific. He has also been involved in legal and
constitutional reform.
9:45am: Questions and Discussion
10:00am: Kevin Riordan
At the Receiving End: From Nuclear Bombs to Barrel-Bombs – Indiscriminacy, Recklessness and
the Duty to Take Constant Care
In 1977, the First Additional Protocol to the Geneva Conventions proclaimed in Article 57 (1): "In
the conduct of military operations, constant care shall be taken to spare the civilian population,
civilians and civilian objects". The absolute prohibition on making the civilian population the object
of attack is now well understood. Respect for the duty to take precautions in the means and methods
of warfare for the protection of civilians and civilian objects seems harder to divine. This paper
explores the concept of "constant care" from the nuclear bomb to the "barrel bomb" and explores
the prospect of accountability for careless or reckless waging of war.
Kevin Riordan is the Judge Advocate General of the Armed Forces and the Chief Judge of the
Court Martial of New Zealand. He is an honorary lecturer in law at VUW Law School and is part
of the teaching faculty of the United Nations Regional Courses in International Law. Kevin is also
an independent barrister practicing from Harbour Chambers in Wellington. He has a BA and
LLB from Victoria University of Wellington and an LLM from Cornell University, New York. He
was the head of the New Zealand Defence Force legal team for over a decade and was part of the
New Zealand delegation to the Rome Conference which established the International Criminal
Court. He has also been part of New Zealand delegations negotiating the Kampala Amendment
on Aggression, the Cluster Munition Convention and protocols to the Conventional Weapons
Convention.
10:30am: Questions and Discussion
10:45-11:00am: Morning Tea
11:00am: Second session chair and discussant Alberto Costi
11:05am: Treasa Dunworth
Effective Implementation of Article VI of the Nuclear Non-Proliferation Treaty and the
Humanitarian Pledge?
Two important initiatives are underway relating to the debate on nuclear weapons. First, for a
number of years, there has been a growing campaign to reframe the debate and examine the use
and possession of nuclear weapons from a humanitarian perspective. Second, the New Agenda
Coalition has been working to engage in concrete discussions about how to achieve “effective
measures” for nuclear disarmament in light of Article VI Nuclear Non Proliferation Treaty. This
presentation will explain both initiatives and comment on how they complement each other.
Treasa Dunworth is an Associate Professor at the Faculty of Law, University of Auckland where
she teaches in the area of Public International Law, International Peace and Security,
International Criminal Law and South Pacific Legal Studies. Her research interests include the
relationship between international law and domestic law, issues of arms control and
disarmament, and questions of accountability of international organisations. Her current
research project is examining the humanitarian discourse in disarmament and arms control.
Prior to joining the University of Auckland in 1999, Treasa worked with the Harvard Sussex
Program on Arms Control and Arms Limitation and then with the Organisation for the
Prohibition of Chemical Weapons (1995-1998) as a Political Affairs Officer.
11:35am: Questions and Discussion
11:50am: Netta Goussac
Legal and Practical Challenges in Determining the Parameters of IHL Applicability, Including its
Geographic Reach and Relationships with International Human Rights Law – Particularly in
Regard to Counter-Terrorism
This paper provides an overview of some of the contemporary challenges observed by the ICRC
regarding the scope of applicability of IHL, including geographical, temporal, protective scope. The
paper reflects on the debates surrounding the foundational concepts of the rules of armed conflict,
focusing on legal and practical challenges of determining a beginning and end of IHL applicability,
its geographic reach, and inter-relationship with international human rights law (particularly in
relation to counter-terrorism initiatives).
Netta Goussac is the Regional Legal Adviser for the International Committee of the Red Cross in
the Pacific. She provides legal and technical advice to governments and National Red Cross
Societies across the Pacific on international humanitarian law. Prior to taking this role, Netta
was a legal adviser to the Australian Government on international security law issues, including
international humanitarian law, international criminal law, weapons, disarmament and
counter-terrorism. She holds a Bachelor of Arts and Bachelor of Laws from the University of
Western Australia (2006) and a Master of Laws specialising in international law from the
Australian National University (2009).
12:20pm: Questions and Discussion
12:30pm: Questions and General Discussion on any Aspect of the Day’s Proceedings
12:45pm: Conclusion
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Please RSVP to ILANZ@vuw.ac.nz by 30 November 2015 -- Although there is no registration fee
for the event, RSVPs are required as spaces are limited.