Without a clear strategy, the American strike on a Syrian airfield lacked both legality and effectiveness.
Kevin Boreham has been teaching International Law at the ANU College of Law since 2002.
Kevin Boreham’s teaches the International Law of Human Rights, international humanitarian law, international criminal law and the use of force. Kevin’s main research interest is the increasing role of non-state actors in the development and practice of international law, particularly the role of non-state actors in accountability for breaches of international law.
Kevin practised as a solicitor in private practice in Canberra from 1999-2001.
Kevin’s first career was as an officer of the Australian Department of Foreign Affairs and Trade. He served in Australia’s diplomatic missions in Colombo, Hanoi, Manila, Tehran and New York, where he was Australian Deputy Permanent Representative to the United Nations from 1987-9.
Significant research publications
- 'The Environment and Biodiversity Conservation Act 1999 (Cth)' (1999) 18 Australian Mining and Petroleum Law Journal (AMPLAJ) (with Patrick Brazil);
- 'The Liability of Company Officers for Corporate Breaches of the New Federal Environment Legislation' (2000) 19 (AMPLAJ) (with Patrick Brazil);
- 'Wide and Unmanageable Discretions': The Migration Amendment (Detention Arrangements) Act 2005 (Cth) (Comment) (2006) 17 Public Law Review 16.
- 'International Law as an influence on the development of the common law: Evans v New South Wales' (2008) (Comment) 19 Public Law Review 271.
The ConversationThe federal government today announced it will not proceed with the ratification of an extradition treaty with China. This followed strong indications that the Senate would block it from coming into force.
Australia is seeking the extradition from Turkey of Neil Prakash, an Australian citizen who is accused of being a leading propagandist and recruiter for Islamic State (IS).
Prime Minister Malcolm Turnbull announced this month that the government will seek to amend the Criminal Code to assist in the fight against Islamic State (IS) in Iraq and Syria. Kevin Boreham explores exactly what is lawful in conflict, how do we decide who a citizenis, and who would lose protection under the changes.
In the Media
Please note, only a small selection of recent publications and activities are listed below.
Kevin Boreham’s research interests are the International Law of Human Rights, international humanitarian law, international criminal law and the use of force. Kevin’s publications have included book chapters and articles about Commonwealth environment and refugee law, the influence of international law on and recognition of freedom of religion in the Australian common law, and the effectiveness and accountability of United Nations sanctions in the context of the UN Oil-for-Food program.
Kevin has published widely in Australian online media and appeared on television news and current affairs programs to deal with a wide range of international law issues, including the Indonesian execution of Andrew Chan and Myuran Sukumaran and the imprisonment in Egypt of Peter Greste. Most recently Kevin has commented on the lawfulness of Australia’s participation in the US-led campaign against Islamic State in Iraq and Syria and grave human rights violations by both Islamic State and the Iraqi armed forces.
Kevin’s current research interest is the question of whether non state actors such as terrorist organisations are bound by the International Law of Human Rights; this research questions the status of sovereign States as the major actors in international law.
- 'A delicate business": Did AWB's kickbacks to Iraq under the United Nations Oil-for-Food Programme constitute a violation of Australia's international obligations?' in Jeremy Farrall and Kim Rubenstein eds 'Sanctions Accountability and Governance in a Civilised World' (2009) 171.
- 'A Failure to Protect: the UN Human Rights Council and Darfur' in Charles Sampford and Ramesh Thakur eds Responsibility to Protect and Sovereignty (2013) 127.
Conference papers & presentations
'Words, words, words: the human rights discourse and the Arab Awakening', Annual Meeting Australian New Zealand Society of International Law 2011, Canberra Australia.
Submission into the Same-Sex Relationships (Equal Treatment in Commonwealth Laws-General Law Reform) Bill 2008
LLM Masters thesis supervision
I am willing to supervise in my areas of research interest.
Honours thesis supervision
I am willing to supervise in my areas of research interest, and more widely in international law issues.
i most recently supervised students on the issues of China's approach to the Responsibility to protect and whether Islamic State has the status of a state under international law.
Philosophy & approach
I will convene International Law of Human Rights (LAWS4225) in 1st semester 2016, and International Law (LAWS6250) in 2nd semester 2016. I will also teach in Australian Public Law (LAWS1205) in 1st semester.
- I have taught in International Law of Human Rights and internation al Law since 2006.
- I have previously taught Foundations of Australian LAw (LAWS1201) and Lawyers Justive and Ethics (LAWS1202).