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The Sir Elihu Lauterpacht International Law Lecture 2018: The development of humanity as a constraint on the conduct of war

Citation

McCormack, T and Galea, S and Westbury, D, The Sir Elihu Lauterpacht International Law Lecture 2018: The development of humanity as a constraint on the conduct of war, The Australian Year Book of International Law Online, 37, (1) pp. 22-49. ISSN 2666-0229 (2020) [Refereed Article]

DOI: doi:10.1163/26660229_03701003

Abstract

I acknowledge the Ngunnawal people as the traditional owners and custodians of the land on which we meet. I pay my respects to their elders, past, present and emerging. I deeply respect and admire the ability of the Ngunnawal, and of many other Aboriginal and Torres Strait Islander communities, to have survived invasion and violent dispossession of their land and to have maintained the richness of their cultural, linguistic, legal and spiritual traditions. On the subject matter of my lecture, humanity as a constraint on the conduct of war, I acknowledge that many of our Aboriginal peoples were extended little, if any, humanity in the colonial violence to which they were subjected. This is certainly true of the frontier wars in my own State of Tasmania (Van Diemen’s Land) in the 1820s and 1830s which resulted in the near annihilation of Aboriginality in the colony. Social Darwinism influenced the justificatory view that the Aboriginal people of Van Diemen’s Land were not only an obstacle to the settlement enterprise but that in their ‘savage’ state they were sub-human and doomed to extinction.

Item Details

Item Type:Refereed Article
Keywords:international humanitarian law, humanity as a constraint on war, war crimes, exclusion of legal protection
Research Division:Law and Legal Studies
Research Group:International and comparative law
Research Field:International criminal law
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Justice and the law not elsewhere classified
UTAS Author:McCormack, T (Professor Tim McCormack)
UTAS Author:Westbury, D (Mr Daniel Westbury)
ID Code:140126
Year Published:2020
Deposited By:Office of the Faculty of Law
Deposited On:2020-07-28
Last Modified:2020-09-21
Downloads:0

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