Publications

This is a searchable catalogue of the College's most recent books and working papers. Other papers and publications can be found on SSRN and the ANU Researchers database.

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An Introduction to Maritime Crime in West Africa

Author(s): Phillip Drew

This paper examines the issue of maritime crime in the context of West Africa. Acknowledging that maritime crime is a growing threat to commercial shipping in the region, and to the economic health of West African countries, Dr. Drew assess the various factors that have thus far permitted maritime criminals in the region to operate with relative impunity. Recognising that a number of countries and international organisations have engaged in capacity building with the states of the GoG, Drew notes that lasting solutions to maritime crime require a broad approach that provides resources not only for the region’s military and law enforcement challenges, but also the underlying social problems that affect much of the continent.

Read on SSRN

Centre: CMSL

Research theme: International Law, Legal Education, Military & Security Law

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Blockade? A Legal Assessment of the Maritime Interdiction of Yemen’s Ports

Author(s): Phillip Drew

In January 2015, the government of Abdrabbuh Mansour Hadi was ousted from power by Houthi rebels based in the northern highlands of Yemen. Initially forced to flee the country, Hadi soon returned, establishing a new government in the southern city of Aden. His return marked the commencement of the latest phase of Yemen’s perpetual civil war.

In what has often been referred to as the ‘Saudi-led blockade’, a coalition naval force, made up primarily of vessels from Gulf Cooperation Council states, has been enforcing a closure of Yemen’s waters and most of its ports. Yemen requires food imports to feed its population, and fuel imports to generate the electricity that it needs to keep its water plants operating. As a result of the naval interdiction operations, the civilian population of Yemen is in crisis. Approximately 20 million people require humanitarian assistance, and the country continues to struggle under the largest cholera epidemic in history.

This paper examines the legal bases for the current interdiction operations, both from the perspective of the law of naval warfare and the law of the sea. Finally it assesses the role that Security Council resolutions have played in the continuation of the ongoing humanitarian crisis and the role that the Security Council can play in supporting the delivery of humanitarian assistance to those in need.

Read on SSRN

Centre: CMSL

Research theme: International Law, Legal Education, Military & Security Law

Dealing with Mass Atrocities and Ethnic Violence: Can Alternative Forms of Justice Be Effective?

Author(s): Phillip Drew

This paper was originally published in the Canadian Access to Justice Network. One of the first articles written on the subject of Gacaca, it was awarded the Prize for Alternative Dispute Resolution by the Minister for Justice of Canada in 2000.

In the paper, Drew explores the troubles in Rwanda as an example of the difficulties that confront countries as they transition from ethnic violence into a post-conlict and post-genocide framework. Specifically, how can they acknowledge and deal with past wrongs, especially in ways that offer hope for social rebuilding and reconciliation? Drew summarizes the genocidal terror that wracked Rwanda in 1994 and the various post-conflict efforts (national and international) to illuminate the wrongs committed and hold perpetrators accountable. His discussion includes aspects of ethnicity, culture, and legal traditions and developments in Rwanda that contributed to the violence and to complexities in the post-terror period in dealing with perpetrators and victims of the violence. Significant attention is given to a recommendation from a National Reconciliation Commission that Rwanda adopt the traditional Gacaca – a form of mediation performed by a village council of elders to promote justice and reconciliation at the communal level.

Read on SSRN

Centre: CMSL

Research theme: International Law, Legal Education, Military & Security Law

Updated:  10 August 2015/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team