CURRICULUM VITAE Professor Tim Mccormack

CURRICULUM VITAE

Professor Tim McCormack

PERSONAL DETAILS:

Full Name: Timothy Lloyd Hearnden McCormack

Current Appointments: Professor of Law University of Melbourne Law School

Adjunct Professor of Law University of Tasmania Law School

Special Adviser on International Humanitarian Law to the Prosecutor of the International Criminal Court, The Hague

Special Adviser on Law of Armed Conflict to the Director of Military Prosecutions, Australian Defence Force

Director World Vision Australia

Contact Details: Melbourne Law School University of Melbourne Vic. 3010 Australia

Tel: +61-3-8344 6595 Fax: +61-3-8344 0054

email: [email protected]

ACADEMIC QUALIFICATIONS:

Ph.D., Monash University, 1990. Title of thesis: ‘Israel’s Bombing of the Iraqi Nuclear Reactor and Self-Defence in International Law’

LL.B. with Second Class (Upper Division) Honours, University of Tasmania, 1982.

HONOURS and AWARDS:

April 2015 University of Melbourne Award for Outstanding Research Higher Degree Supervision;

Feb 2015 Fulbright Senior Scholarship to take up the position of Charles H Stockton Distinguished Scholar-in-Residence at the US Naval War College, Newport, Rhode Island, August 2015;

Nov 2014 Australian Red Cross Distinguished Service Medal for outstanding service to Australian Red Cross in the promotion of understanding of and increased respect for International Humanitarian Law in Australia and overseas over more than 20 years;

Sep 2010 Appointed Fellow of the Australian Academy of Law;

Nov 2008 Law Institute of Victoria 2008 Paul Baker Award for a ‘sustained outstanding contribution to international humanitarian and human rights law through publication, teaching and public adocacy’;

Jan 2008 Appointed Adjunct Professor of Law at the University of Tasmania in recognition of having achieved ‘outstanding results in the chosen field of expertise’;

Nov 2007 University of Melbourne Vice-Chancellor’s Knowledge Transfer Commendation (for the provision of International Humanitarian Law and International Criminal Law Advice to Major Dan Mori, US Military Defence Counsel for David Hicks);

Nov 2005 Law Institute of Victoria President’s Pro Bono Award (for the provision of International Humanitarian Law and International Criminal Law Advice to Major Dan Mori, US Military Defence Counsel for David Hicks)

Mar 2003 University of Tasmania Foundation Distinguished Graduate Award for Outstanding Achievement since Graduation;

Nov 2001 Australian Red Cross Medal for Outstanding Volunteer Service to the Organisation as Chair of the National Advisory Committee on International Humanitarian Law and as National Vice President;

May 1999 Dutch Foreign Ministry Centenary of the 1899 1st Hague Peace Conference Medal for contributions to the conduct of the centenary celebrations at the Peace Palace, The Hague;

Nov 1988 Inaugural Australian Recipient of the Golda Meir Postdoctoral Fellowship to the Hebrew University of Jerusalem;

Aug 1980 University of Tasmania Half Blue in Athletics.

INTERNATIONAL APPOINTMENTS:

Jan 2016 Visiting Professor, Harvard Law School (teaching International Criminal Law, JD Program, Winter Term), Cambridge, Massachusetts;

Aug 2015 - Jun 2016 Charles H Stockton Distinguished Scholar-in-Residence, Stockton Center for the Study of International Law, US Naval War College, Newport, Rhode Island;

Apr 2015 - present Member of the International Group of Experts for the 2nd Tallinn Manual on the International Law Applicable to Cyber Warfare, Tallinn, Estonia;

Oct 2013 – present Founding Member of the Advisory Board of the International Criminal Court Moot Court Competition, Grotius Centre for International Legal Studies, Leiden University, The Hague;

Mar 2013 – present Founding member of the Board of Advisors of the journal International Law Studies, US Naval War College, Newport, Rhode Island;

June 2012 – present Founding member of the Editorial Advisory Board of the Journal of Philosophy of International Law;

June 2011–Feb 2013 International Observer to the Turkel Commission, Phase II to Enquire into Israel’s Procedures for Investigating Allegations of Violations of the Law of Armed Conflict, Jerusalem;

June 2010 – present Founding Member of the Council of Advisors to the Global Institute for the Prevention of Aggression;

Mar 2010 – present Special Advisor on International Humanitarian Law to the Prosecutor of the International Criminal Court, The Hague;

Aug 2009 – present Member of the International Advisory Board, Swedish National Defence College, Stockholm;

Jan 2009 – present Correspondents’ Reports Editor, Yearbook of International Humanitarian Law, TMC Asser Instituut, The Hague;

Nov 2005–Dec 2009 Editor-in-Chief, Yearbook of International Humanitarian Law, TMC Asser Instituut, The Hague;

Dec 2003– Mar 2007 Expert Consultant on the Law of War to the Defence Team for David Hicks for trial by US Military Commission;

Feb 2003 Visiting Professor, University of Virginia Law School, Charlottesville, Virginia;

Nov 2002–Mar 2006 Amicus Curiae on International Law matters to Trial Chamber III of the International Criminal Tribunal for the Former Yugoslavia in the trial of Slobodan Milošević;

July 2002– present International Advisory Board Member, Institute for International Law of Peace and Armed Conflict, Ruhr Universität, Bochum, Germany;

June 2002– present International Advisory Board Member, CONCORD Centre, Law School, The College of Management Academic Studies, Rishon LeZion, Israel;

Jan 1994 Visiting Scholar, Faculty of Law, The Hebrew University of Jerusalem;

Dec 1988-Nov 1989 Golda Meir Postdoctoral Fellow in International Law, The Hebrew University of Jerusalem;

AUSTRALIAN APPOINTMENTS:

May 2013-present: Special Adviser on the Law of Armed Conflict to the Director of Military Prosecutions, Australian Defence Force;

Oct 2010–Jun 2011: Expert Law of War advice to MAJ David McLure and MAJ Jonathan Hyde for the defence of SGT J and LCPL D before Australian Military Court Martial, Sydney;

Mar 2010 – present Professor of Law, The University of Melbourne Law School;

Aug 2008 – present Member of the Advisory Board of the Centre for Jewish History and Culture, Faculty of Arts, The University of Melbourne;

Jan 2008 – present Adjunct Professor of Law, The University of Tasmania;

July 2007- Nov 2008 Deputy Chair, Australian Foreign Minister’s National Consultative Committee on International Security Issues;

Jan 2007 Visiting Professor, The University of Tasmania Law School;

Aug – Nov 2005 Member of the ‘Safeguarding Australia’ expert sub-committee to advise on the development of the Department of Education, Science and Training’s National Collaborative Research Infrastructure Strategy (NCRIS) for the distribution of $540 million over 5 years for major research infrastructure capabilities;

May 2005–Nov 2008 Founding Member, Australian Foreign Minister’s National Consultative Group on BioSecurity Issues;

May 2005 – Jul 2007 Member, Australian Foreign Minister’s National Consultative Committee on International Security Issues;

June 2004 – present Founding Member, Tim Hawkins Memorial Scholarship Selection Committee, University of Tasmania;

Sep 2003 – Jan 2004 Visiting Professor, The University of Tasmania Law School, Hobart, Tasmania;

Aug 2002 – Dec 2006 Senior Academic Fellow, Ridley College, The University of Melbourne;

July 2001 – May 2009 Foundation Director, Asia-Pacific Centre for Military Law, The University of Melbourne;

July 2000 – present Member of the Selection Committee for the Golda Meir Post- Doctoral Fellowship, Australian Friends of the Hebrew University of Jerusalem;

Jun 2000 – Dec 2005 Director of Studies, Graduate Program in Military Law, The University of Melbourne;

Nov 1999 – Nov 02 Vice-President, Australian Red Cross;

Jan 1999 – April 05 Member, Australian Foreign Minister’s National Consultative Group on a Verification Protocol for the Biological Weapons Convention;

Jan 1998 – April 05 Member, Australian Foreign Minister’s National Consultative Committee on Peace and Disarmament;

Jan 1997 – Dec 1999 Associate Dean – Research, Faculty of Law, Jan 2002 – Dec 2002 The University of Melbourne

Aug 1996 – Feb 2010 Foundation Australian Red Cross Professor of International Humanitarian Law, The University of Melbourne;

Jan 1995 – Dec 2007 Director of Studies, Graduate Program in International Law, The University of Melbourne;

April 1994 – Nov 02 Chair, Australian Red Cross National Advisory Committee on International Humanitarian Law;

Jul 1993 – Dec 1993 Visiting Scholar, Faculty of Law, Australian National University;

Jan 1993 - July 1996 Senior Lecturer in Law, The University of Melbourne;

Oct 1991 - Mar 1994 Member, Australian Red Cross Society National Committee on International Humanitarian Law;

Jan 1991 - Dec 1992 Lecturer in Law, The University of Melbourne;

Feb - Dec 1990 Lecturer in Law, The University of Tasmania;

Dec 1989 - Jan 1990 Visiting Lecturer in Law, Monash University;

Jan 1987 - Nov 1988 Tutor in Law, Monash University;

Feb 1984 - Dec 1986 Ph.D. candidate, Monash University;

Feb 1983 - Jan 1984 Vice-Principal, Jane Franklin Hall, The University of Tasmania;

Feb 1982 - Jan 1983 Resident Tutor in Law, Jane Franklin Hall, The University of Tasmania.

EDITORIAL ADVISORY BOARDS:

Co-editor-in-Chief (with Sir Christopher Greenwood), International Humanitarian Law Series, Martinus Nijhoff Publishers, Leiden;

Correspondents’ Reports Editor, Yearbook of International Humanitarian Law, TMC Asser Instituut, The Hague;

Founding Member of the Advisory Board of the International Criminal Court Moot Court Competition, Grotius Centre for International Legal Studies, Leiden University, The Hague;

Founding member of the Board of Advisors of the journal International Law Studies, US Naval War College, Newport, Rhode Island;

Honorary Editor, Indonesian Journal of Humanitarian Law, Centre for International Humanitarian and Human Rights Law, Trisakti University Law School, Jakarta;

Member of Editorial Advisory Board, Journal of Philosophy of International Law, ElectronicPublications.org;

Member of Editorial Advisory Board, Melbourne Journal of International Law, Faculty of Law, The University of Melbourne;

Member of Editorial Advisory Board, International Criminal Law Review, Martinus Nijhoff Publishers, Leiden;

Member of Editorial Advisory Board, Journal of Conflict and Security Law, Oxford University Press, Oxford;

Member of the Editorial Advisory Board, New Zealand Armed Forces Law Review, Armed Forces’ Law Association of New Zealand, Auckland;

OTHER PROFESSIONAL AFFILIATIONS:

Fellow, Australian Academy of Law

Member, Australian and New Zealand Society of International Law

Member, American Society of International Law

PARTICIPATION in INTERGOVERNMENTAL CONFERENCES:

2009:

Nov: Member of Australian Government Delegation to the 8th Assembly of States Parties to the Rome Statute for the International Criminal Court, The Hague,

2008:

June: Annual Plenary Meeting of the InterAction Council (supporting former Prime Minister Rt Hon Malcolm Fraser AC) on the issue of ‘Increasing Support for International Law’ hosted by former Prime Minister of Sweden Ingvar Carlsson, Stockholm;

2006:

Nov: Presentation of Written Report entitled ‘Expected Civilian Damage and the Proportionality Equation’ to the Third Review Conference of the Certain Conventional Weapons Convention, United Nations, Geneva;

Mar: Presentation of Written Report entitled ‘International Humanitarian Law and Explosive Remnants of War: Responses to the Questionnaire’, on behalf of the Co-Ordinator on International Humanitarian Law and Explosive Remnants of War to the Group of Governmental Experts on the Certain Conventional Weapons Convention, United Nations, Geneva;

2005:

Aug: Presentation on ‘General Principles of International Humanitarian Law and Explosive Remnants of War’, on behalf of the Australian Government Delegation to the Expert Working Group of the Certain Conventional Weapons Convention of the Explosive Remnants of War, United Nations, Geneva;

2002:

June: Annual Plenary Meeting of the InterAction Council (supporting former Prime Minister Rt Hon Malcolm Fraser AC) hosted by former Chancellor of Germany Helmut Schmidt, Berlin;

2001:

Dec: NGO member of Australian Government Delegation to the Second Review Conference of the Certain Conventional Weapons Convention, United Nations, Geneva;

Jan: Independent Expert, ICRC Meeting of Governmental Experts on the ‘SIrUS Project’, Jogny-sur-Vevey, Switzerland;

1999:

Nov: Member of Australian Red Cross Delegation to the XXVIIth International Red Cross Conference (4 yearly conference involving The International Committee of the Red Cross, States Parties to the Geneva Conventions, The International Federation of Red Cross and Red Crescent National Societies and The National Societies themselves), International Conference Centre, Geneva;

May: Chair of Expert Working Group on International Humanitarian Law at the Inter- Governmental Centenary Commemoration of the First Hague International Peace Conference of 1899, The Peace Palace, The Hague;

1998:

Oct: Member of the International Committee of the Red Cross Delegation to the Annual Pacific Islands Law Officers’ Meeting, Canberra;

June: Member of Australian Government Delegation to the Rome Diplomatic Conference for the Establishment of an International Criminal Court, Food and Agricultural Organisation, Rome;

April: Member of Australian Red Cross Delegation to the Asia-Pacific Regional Seminar on the Draft Statute for an International Criminal Court (jointly organised by the Australian Government, ICRC and Australian Red Cross), Department of Foreign Affairs and Trade, Canberra;

Jan: Member of Australian Government Delegation to the First Interim Conference of States Parties to the Geneva Conventions, International Conference Centre, Geneva;

1997:

Nov: Member of Australian Government Delegation to the 6th (Legal) Committee of the UN General Assembly for the discussion of the Draft Statute for an International Criminal Court, UN, New York;

Oct: Member of International Committee of the Red Cross Delegation to the Annual Pacific Islands Law Officers’ Meeting, International Dateline Hotel, Nuku’Alofa;

1996:

Nov: Member of Australian Government Delegation to the 6th (Legal) Committee of the UN General Assembly for the discussion of the Draft Statute for an International Criminal Court, UN, New York;

May: Member of Australian Government Delegation to the First Conference of States Parties to the Chemical Weapons Convention, Congresgebouw, The Hague;

1994:

Nov: Member of the Australian Government Delegation to the 4th Asia-Pacific Regional Seminar on the Chemical Weapons Convention (organised jointly by the Indonesian Government, the Australian Government and the Provisional Technical Secretariat of the Organisation for the Prohibition of Chemical Weapons), Jakarta;

May: Member of the Australian Government Delegation to the 3rd Asia-Pacific Regional Seminar on the Chemical Weapons Convention (organised jointly by the Thai Government, the Australian Government and the Provisional Technical Secretariat of the Organisation for the Prohibition of Chemical Weapons), Bangkok;

1993:

Dec: Member of the Australian Government Delegation to the Inter-Governmental Seminar on National Implementation of the Chemical Weapons Convention, Congresgebouw, The Hague;

April: Member of the Australian Government Delegation to the 2nd Asia-Pacific Regional Seminar on the Chemical Weapons Convention, Sydney;

1992:

June: Member of the Australian Government Delegation to the 1st Asia-Pacific Regional Seminar on the Chemical Weapons Convention, Sydney.

PARTICIPATION in INTERNATIONAL CRIMINAL LAW CASES:

International Criminal Court, The Hague:

Special Adviser on International Humanitarian Law to the Prosecutor of the International Criminal Court (March 2010 – present):

• Court appearance as Counsel for Prosecution to present closing submissions on the legal character of the armed conflict in Ituri, DRC in the trial of Thomas Dyilo Lubanga (26 August 2011); • Preparation of Prosecution’s written closing submissions on the legal characterization of the conflict in Ituri in the trial of Thomas Dyilo Lubanga; • Preparation of Prosecution’s written submissions on charges of the war crimes of rape and sexual slavery of girls abducted into the UPC for Confirmation of Charges in the trial of Bosco Ntaganda; • Advising Trial Teams on IHL related aspects of cases currently before the Court (e.g. legal characterization of the conflict in Katanga and Ngodjolo; command responsibility in Bemba; forfeiture of non-combatant immunity from attack in Banda); • Written advice to the Prosecutor on various IHL issues arising in the course of trials, investigations and preliminary enquiries; • Provision of in-house legal training on: law of command responsibility for the trial team in the case of Jean Pierre Bemba; selected IHL issues for OTP staff; legal characterization of an armed conflict for ICC investigators;

International Criminal Tribunal for the Former Yugoslavia, The Hague:

Amicus Curiae on International Law Issues to the Judges of Trial Chamber III for the trial of Slobodan Milošević (November 2002 – March 2006):

• Court appearance as amicus curiae to present oral submissions on whether the Trial Chamber should sever the Kosovo Indictment from the Croatia and Bosnia Indictments in the case (Nov 2005); • Drafting and filing written submissions on a range of legal issues in the case – particularly on the relevance of a defence plea of self-defence in the trial (see consultancy reports below in publications);

US Military Commission, Guantánamo Bay: 9

Expert Law of War advice to Major Michael Mori for the defence of David Hicks before the US Military Commission at Guantánamo Bay, Cuba (December 2003 – March 2007):

• Drafting of legal motions for dismissal on the illegality of the charges against David Hicks (see consultancy reports below in publications); • Extensive range of media interviews and public lectures in Australia to argue against the lack of fairness in the Military Commission proceedings; • Travel to Gauntánamo Bay, Cuba to observe proceedings against David Hicks (March 2007);

Australian Military Court Martial, Sydney:

Expert Law of War advice to MAJ David McLure and MAJ Jonathan Hyde for the defence of SGT J and LCPL D before Australian Military Court Martial in Sydney (October 2010 – June 2011):

• Research and drafting of written submissions on IHL-related aspects of the case for the defendants, particularly on the scope of combatant immunity for combat- related operations not inconsistent with IHL; • Travel to Sydney to observe court martial proceedings (May 2011, Defence Plaza);

Australian Extradition Cases:

Croatia – Australia (Dragan Vasiljkovic a.k.a Daniel Snedden) (September 2013)

• Preparation of expert written opinions on the legal characterization of the armed conflict in Croatia prior to and subsequent to Croatia’s Declaration of Independence and on the requirement in Article 129 of Geneva Convention III that extradition for war crimes requires a prima facie evidential basis for the Federal Court of Australia;

Sri Lanka – United Arab Emirates (Narendran Rathnasabaparthi) (May 2011)

• Preparation of expert written opinion on potential arguments to contest the requested extradition of Mr Rathnsabaparthi from the UAE to Sri Lanka to face alleged terrorism-related offences (opinion prepared for Robert Stary Lawyers, Melbourne appointed to provide defence assistance to Mr Narenderan);

Latvia – Australia (Konrad Kalejs) (March 2001)

• Preparation of expert written opinion on satisfaction of the double criminality rule (i.e. that the allegations against Mr Kalejs would also constitute offences under Australian criminal law if they occurred on Australian physical territory) for the Commonwealth Director of Public Prosecutions;

Australian Counter-Terrorism Cases:

Allegations of Financial Support to the Popular Front for the Liberation of Palestine Against World Vision Australia (February 2012 - June 2013)

• Provision of expert legal advice on World Vision’s compliance with legal obligations in the Charter of the United Nations Act 1945; • Preparation of written analysis on US legislation and caselaw on extra-territorial counter-terrorism law – both criminal and civil’ • Briefings to Israeli Ambassador to Australia and to leaders of the Australian Jewish Community; • Engagement of Israeli legal counsel for advice.

R. Vinayagarmoorthy and Ors

Allegations of Financial Support to the LTTE a proscribed organisation

• Provision of expert legal advice to Robert Stary Lawyers on the characterization of the conflict in Sri Lanka and on the possibility of legal arguments in relation to the LTTE as a party to a non-international armed conflict;

Australian Exclusion of Refugee Protection for International Crimes Cases:

Sri Lanka (Dept of Immigration - 2001)

• Appeared as expert witness for the Department of Immigration in AAT appeal against decision to exclude the protection of the Refugee Convention against the appellant – to provide evidence that acts alleged against the appellant in the Sri Lankan Civil War constituted both war crimes and crimes against humanity.

Afghanistan (Dept of Immigration - 1999)

• Provided written brief to the Department of Immigration in relation to decision to deny refugee protection to the applicant on the basis of involvement in the secret police (KHAD) in Afganistan.

Lebanon (Anderson Clothier - 1998):

• Preparation of written report on the test in International Criminal Law for complicity in the perpetration of war crimes as a basis for individual criminal responsibility (and applied to the specific facts of the case against the applicant in the context of the Lebanese Phalange attack on the Sabra and Shatila Palestinian Refugee Camps in Beirut).

COMPETITVE RESEARCH GRANT FUNDING:

2014-2015 Australian Defence Science Technology Organisation (DSTO) Grant (with Dr Rain Liivoja), ‘Legal Regulation of New Weapons Technologies’ (Total funding over 2 years - $94,000);

2013-2015 Australian Research Council Discovery Grant (with Dr Rain Liivoja), ‘New Weapons Technologies and Challenges for International Humanitarian Law’ (Total funding over 3 years - $316,000);

2012-2013 Australian Research Council Linkage Grant (with the Australian War Memorial and the Department of Defence Legal Division), ‘Optimising Access to the Australian War Crimes Trials 1945-51 Law Reports’ (Total funding over 2 years - $160,000: ARC - $130,000; AWM - $20,000; Defence Legal - $10,000);

2010-2012 Australian Research Council Linkage Grant (with the Australian War Memorial and the Department of Defence Legal Division), ‘Systematic and Comprehensive Law Reports Series for the Australian War Crimes Trials 1945- 51’ (Total funding over 3 years - $310,593: ARC - $220,593; AWM - $60,000; Defence Legal - $30,000);

2010-2012 Australian Research Council Linkage Grant (with Professor Nick Crofts and Professor Stuart Kaye and with Australian Red Cross), Australian Post- Graduate Award (Industry), ‘Substance Use if Prisons and Other Closed Settings: Identifying Appropriate and Effective Legislative Frameworks for a Harm Reduction Approach’ (Total funding over 3 years - $95,007: ARC - $80,007; Australian Red Cross – $15,000);

2009-2011 Australian Research Council Linkage Grant (with the Australian War Memorial and the Department of Defence Legal Division), ‘A Comprehensive and Systematic Law Report Series of Australian War Crimes Trials 1945-51’ (Total funding over 3 years - $310,000: ARC - $220,000; AWM - $60,000; Defence Legal - $30,000);

2008-2010 Australian Research Council Linkage Grant (with Dr Bruce Oswald and Professor Stuart Kaye and with Australian Federal Police), ‘International Operations and the Australian Federal Police: Devising a Legal Framework’ (Total funding over 3 years - $468,134: ARC - $189,024; AFP - $279,110);

2003-2005 Australian Research Council Linkage Grant (with the Australian War Memorial), Australian Post-Graduate Award (Industry), ‘Australia’s Post World War II War Crimes Trials of Japanese Defendants’ (Total funding over 3 years - $82,635: ARC - $67,635; AWM - $15,000);

SUPERVISION OF RESEARCH HIGHER DEGREE STUDENTS:

PhD Students:

Roisin Burke, ‘Sexual Exploitation and Abuse by UN Military Contingents: Moving Beyond the Current Status Quo and Responsibility Under International Law’, graduated December 2012, (co-supervised with Assoc Prof Alison Duxbury);

Michelle Lesh, ‘Inside the Scope of the Law?: Israel’s Policy of Targeted Killing and International Humanitarian Law’, graduated August 2012, (co-supervised with Assoc Prof Alison Duxbury and Prof Michael Schmitt);

Rain Liivoja, ‘An Axion of Military Law: Applicability of National Criminal Law to Military Personnel and Associated Civilians Abroad’, graduated July 2011, University of Helsinki Law School (co-supervised with Prof Jan Klabbers);

Sarah Finnin, ‘Elements of Accessorial Modes of Liability: Articles 25(3)(b) and (c) of the Rome Statute of the International Criminal Court’, graduated April 2011, (co- supervised with Prof Andrew Mitchell and Prof Jenny Morgan);

Vasko Nastevski, ‘The Enactment of War Crimes Legislation in Australia without Offending the Prohibition on Retrospective Legislation’, graduated April 2011 (co- supervised with Assoc Prof Michelle Foster);‘

Phoebe Wynn-Pope, ‘The Responsibility to Protect Against Crimes Against Humanity and Genocide: Effective Operationalisation of the Principle’, graduated April 2010, (co- supervised with Prof Tim Lindsey);

Bruce Oswald CSC, ‘The Application of International Law to United Nations and Regional Peace Operations’, graduated December 2009, (co-supervised with Sir Daniel Bethlehem and Dr Wendy Larcombe);

Ben Clarke ‘Occupation, Resistance and the Law: Was Armed Resistance to the Occupation of Iraq Justified Under International Law?’, graduated July 2009, (co- supervised with Hon Dr Mike Kelly AM MP);

Carrie McDougall, 'Prosecuting the Accumulated Evil of the Whole: Defining an ‘Act of Aggression’ for the Purposes of the Rome Statute of the International Criminal Court', graduated July 2009, (co-supervised with Prof Stuart Kaye and Prof Gerry Simpson);

Nicole Schlesinger (with Tim Marjoribanks and Stuart Kaye), ‘An Exploration of Extra- legal Factors Influencing the Development of the Law of the International Criminal Tribunals for the Former Yugoslavia and Rwanda’ (graduated April 2009);

Andrew Coleman, ‘The Role of the International Court of Justice and Self-Determination’, graduated April 2009, co-supervised with Prof Tania Voon);

Alison Duxbury, ‘The Participation of States in International Organisations: The Role of Human Rights and Democracy’, graduated August 2008, (co-supervised with Prof Gerry Simpson);

Gideon Boas, ‘Trying Former Heads of State and Senior Officials for War Crimes: Lessons in Complex Litigation from the Milosevic Trial,’ graduated in December 2007, (co- supervised with Prof Carolyn Evans);

Ian Henderson, ‘Targeting During Armed Conflict: A Legal Analysis’, graduated August 2007, (co-supervised with Prof Andrew Mitchell);

Hayli Millar, ‘Accountability for Gross Violations of Human Rights in the Aftermath of Armed Conflict: Domestic and/or Restorative Justice Responses,’ graduated August 2007, (co-supervised with Dr Helen Durham);

Michael Carrel, ‘Australia’s Prosecution of Japanese War Criminals: Stimuli and Constraints,’ graduated August 2006, (co-supervised with Dr Peter Londey);

Jackson Maogoto ‘Influence of Political Constraints on the Development of International Criminal Law’, graduated December 2002;

Kelly Askin, ‘Rape as an International War Crime’, graduated August 1997;

Savitri Taylor, ‘Australia's Implementation of its Refugee Convention Obligation of Non-Refoulement’, graduated September 1995;

Abdul Muyassir Ladan, ‘The Exclusive Economic Zone and the Practice of African States’, graduated August 1995;

S.J.D. Students:

Jadranka Petrovic, ‘The Old Bridge of Mostar and Increasing Respect for Cultural Property in Armed Conflict,’ graduated April 2009, (co-supervised with Dr Helen Durham);

Paul Muggleton, ‘The International Crime of Aggression’, graduated April 2006;

Helen Durham, ;Role of NGOs in the Proceedings of an International Criminal Court’, Graduated May 2000;

LL.M. (Minor Thesis) Students:

James Irving, 'Australia's Counter-Terrorism Laws and Freedom of Speech,' graduated December 2008, (co-supervised with Prof Carolyn Evans);

Dale Stephens, ‘Use of Force and International Law in East Timor’, graduated March 2003;

Gideon Boas, ‘Australian Practice in International Humanitarian Law’, graduated June 2000;

Paul Bourke, ‘Prospects for an International Criminal Court’, graduated July 1998;

Maris Agan, ‘Territorial Sovereignty and the Spratly Islands Dispute’, graduated November 1993;

Darren Olney, ‘Effectiveness of the World Bank’, graduated August 1993;

Victor Perton M.P., ‘Human Rights and the New World Order’, graduated October 1992;

Jenny Siourthas, ‘Towards Asia-Pacific Union: A Comparative Analysis of the Asia- Pacific Economic Co-operation Process and Other Initiatives for Co-operation in the Asia-Pacific Region’, graduated October 1992, (co-supervised with Prof Cheryl Saunders);

Andrew Vitakoudis, ‘International Legal Status of the International Olympic Committee’, graduated May 1992, (co-supervised with Hayden Opie);

M.A. Students

Scott Dewar, ‘The Concept of International Human Responsibilities Alongside Rights, graduated October 2000;

Julia Dixon, ‘Lessons from the Chemical Weapons Convention for Other Arms Control Regimes’, graduated October 2000;

Sarah Storey, ‘International Humanitarian Law and Failed States’, graduated October 2000;

Helen Stylianou, ‘Strengthening the International Atomic Energy Agency’s Inspection Regime’, graduated October 2000;

Anthony Goldner, ‘International Responses to Genocide’, graduated October 1999;

Lester Martin, ‘Whither Taiwan?: The International Legal Status of Taiwan’, graduated October 1999;

PUBLICATIONS:

Books (authored and edited):

Fitzpatrick, G., McCormack, T. and Morris, N., Australia’s War Crimes Trials 1945-51, Martinus Nijhoff Publishers: Leiden (forthcoming 2015);

Liivoja, R. and McCormack, T (eds), Routledge Handbook on the Law of Armed Conflict, Routledge: London (forthcoming 2015);

Tanaka, Y., McCormack T. and Simpson G (eds), Beyond Victors’ Justice: The Tokyo Trial Revisited, Martinus Nijhoff Publishers: Leiden (2011) pp. 402 + xxxi;

Blumenthal, D.A. and McCormack, T.L.H. (eds), The Legacy of Nuremberg: Institutionalised Vengeance or Civilising Influence?, Martinus Nijhoff Publishers: Leiden (2008) pp. 337 + xxv;

McCormack, T.L.H. and Saunders, C.A. (eds), Sir Ninian Stephen: A Tribute, Melbourne University Press: Melbourne (2007) pp. 320 + xv;

McCormack, T.L.H., Tilbury, M. and Triggs, G.T. (eds), A Century of War and Peace: Asia-Pacific Perspectives on the Centenary of the 1899 Hague Peace Conference, Kluwer Law International: The Hague (2001) pp. 292 + xiv;

Durham, H. and McCormack, T.L.H. (eds), The Changing Face of Conflict and the Efficacy of International Humanitarian Law, Kluwer Law International: The Hague (1999) pp. 225 + xxvi;

McCormack, T.L.H. and Simpson, G.J. (eds), The Law of War Crimes: National and International Approaches, Kluwer Law International: The Hague (1997) pp. 262 + xxvii;

McCormack, T.L.H. Self-Defence in International Law: The Israeli Raid on the Iraqi Nuclear Reactor, Magnes Press: Jerusalem with St. Martin’s Press: New York (1996) pp. 339 + viii.

Chapters in Books:

McCormack, T. and Morris, N., ‘Why Australian Trials?’ in Fitzpatrick, G., McCormack, T. and Morris, N., Australia’s War Crimes Trials 1945-51, Martinus Nijhoff Publishers: Leiden (forthcoming 2015);

McCormack, T., ‘Jurisdiction’ in Fitzpatrick, G., McCormack, T. and Morris, N., Australia’s War Crimes Trials 1945-51, Martinus Nijhoff Publishers: Leiden (forthcoming 2015);

McCormack, T. and Morris, N., ‘Were the Trials Fair?’ in Fitzpatrick, G., McCormack, T. and Morris, N., Australia’s War Crimes Trials 1945-51, Martinus Nijhoff Publishers: Leiden (forthcoming 2015);

Dwyer, C., and McCormack. T., ‘Characterisation of the Conflict’ in Liivoja, R. and McCormack, T (eds), Handbook on the Law of Armed Conflict, Routledge: London (forthcoming 2015);

Liivoja, R., Mathews, R., and McCormack, T., ‘The Challenges of New Weapons Technologies’ Liivoja, R. and McCormack, T (eds), Handbook on the Law of Armed Conflict, Routledge: London (forthcoming 2015);

McCormack, T., ‘Challenges in Applying Article 8 of the Rome Statute’ in Suzannah Linton and Gerry Simpson (eds), For the Sake of Present and Future Generations: Essays in Honour of Roger Clark, (in press, 2015);

McCormack, T., ‘Who’s Afraid of the International Criminal Court?’ in Rai Gaita and Gerry Simpson (eds), Who’s Afraid of International Law?, University of Western Australia Press (in press, 2015);

McCormack, T., ‘Australia’s Unresolved War Crimes Challenge’ in Philip Crisp (ed), So You Want to be a Leader?: Influential People Reveal How to Succeed in Public Life, Hybrid Publishers: Melbourne (2015) 398-410;

McCormack, T. and Liivoja, R., ‘Australia: Regulating Private Military and Security Companies’ in Christine Dekker and Mirko Sossai (eds), Multilevel Regulation of Military and Security Outsourcing: The Interplay between International, European and Domestic Norms, Hart Publishing: Oxford (2012) 507-526;

Finnin, S. and McCormack, T., ‘Tokyo’s Continuing Relevance’ in Tanaka Y., McCormack T. and Simpson G (eds), Beyond Victors’ Justice: The Tokyo Trial Revisited, Martinus Nijhoff Publishers: Leiden (2011) 353-381;

McCormack, T. and Oswald, B.M., ‘The Maintenance of Law and Order in Military Operations’ in Terry D. Gill and Dieter Fleck (eds), The Handbook of the International Law of Military Operations, Oxford University Press: Oxford (2010) 445-463;

McCormack, T.L.H. ‘War Crimes’ in Valerie Tomaselli and Ingrid Wenzler (eds.) World at Risk: A Global Issues Sourcebook, CQ Press: Washington DC (2nd ed., 2010) 568-590;

Durham, H. and McCormack, T.L.H., ‘Aerial Bombardment of Civilians: The Current International Legal Framework‘ in Yuki Tanaka and Marilyn B. Young (eds), Bombing Civilians: A Twentieth- Century History, The New Press: New York (2009) 215-238;

McCormack, T.L.H. and Mtharu, P., ‘Cluster Munitions, Proportionality and the Foreseeability of Civilian Damage’ in O. Engdahl and P. Wrange (eds), Law at War: The Law as it Was and the Law as it Should Be: Liber Amicorum Ove Bring, Martinus Nijhoff Publishers: Leiden (2008) 191-206;

Kelly, M.J. and McCormack T.L.H., ‘Contributions of the Nuremberg Trial to the Subsequent Development of International Law’ in Blumenthal, D.A. and McCormack, T.L.H. (eds), The Legacy of Nuremberg: Institutionalised Vengeance or Civilising Influence?, Martinus Nijhoff Publishers: Leiden (2008) 101-129;

McCormack, T.L.H., ‘International Peace Envoy’ in T.L.H. McCormack and C.A. Saunders (eds), Sir Ninian Stephen: A Tribute, Melbourne University Press: Melbourne (2007) 214-246;

McCormack, T.L.H., ‘An Australian Perspective on the ICRC Customary Law Study’ in Anthony M. Helm (ed.), The Law of War in the 21st Century: Weaponry and the Use of Force, Naval War College: Newport (2006) 81-97;

McCormack, T.L.H., ‘Self-Defence in International Criminal Law’ in Hirad Abtahi and Gideon Boas (eds), The Dynamics of International Criminal Justice: Essays in Honour of Judge Sir Richard May, Martinus Nijhoff Publishers: Leiden (2006) 231-255;

Howard, J. and McCormack T.L.H., ‘Australia’ in B. Brandon and M. du Plessis (eds), The Prosecution of International Crimes: A Practical Guide to the Prosecution of ICC Crimes in Commonwealth States, Commonwealth Secretariat: London (2005) 127-152;

McCormack, T.L.H. ‘Use of Force’ in S. Blay, R. Piotrowicz and B. Martin Tsamenyi (eds) Public International Law: An Australian Perspective (2nd ed.), Oxford University Press: Melbourne (2005) 223-257;

McCormack, T.L.H., ‘The Importance of Effective Enforcement of International Humanitarian Law’ in Liesbeth Ljinzaad, Johanna van Sambeek and Bahia Tahzib- Lie (eds), Making the Voice of Humanity Heard: Essays on Humanitarian Assistance and International Humanitarian Law in Honour of HRH Princess Margriet of The Netherlands, Martinus Nijhoff Publishers: Leiden (2004) 319-338;

McCormack, T.L.H., ‘Crimes Against Humanity’ in Dominic McGoldrick, Peter Rowe and Eric Donnelly (eds), The Permanent International Criminal Court: Legal and Policy Issues, Hart Publishing: Oxford (2004) 179-202;

McCormack, T.L.H. ‘Their Atrocities and Our Misdemeanours: The Reticence Of States to Try Their Own Nationals for International Crimes’ in Mark Lattimer and Philippe Sands (eds) Justice for Crimes Against Humanity, Hart Publishing: Oxford (2003), 107-42; 17

McCormack, T.L.H., ‘Reply to Louise Arbour’ in Cheryl Saunders and Katherine Le Roy (eds), The Rule of Law, The Federation Press: Sydney (2003), 136-142;

McCormack, T.L.H., ‘Australia’s Legislation for the Implementation of the Rome Statute’ in Matthias Neuner (ed), National Legislation Incorporating International Crimes: Approaches of Civil and Common Law Countries, Berliner Wissenschafts-Verlag: Berlin (2003) 65-82;

Kelly, M.J. and McCormack, T.L.H., ‘International and Regional Action with Regard to Conflicts in Multicultural Societies’ in R. Blindenbacher and A. Koller (eds) Federalism in a Changing World – Learning From Each Other, McGill-Queen’s University Press: Montreal (2003), 278-307;

McCormack, T.L.H. ‘War Crimes’ in Valerie Tomaselli and Sonja Matanovic (eds.) World at Risk: A Global Issues Sourcebook, CQ Press: Washington DC (2002) 585-603;

Mathews, R.J. and McCormack, T.L.H. ‘The Relationship Between International Humanitarian Law and Arms Control’ in Durham H. and McCormack, T.L.H. (eds) The Changing Face of Conflict and the Efficacy of International Humanitarian Law, Kluwer Law International: The Hague (1999) 65-98;

McCormack, T.L.H. ‘Use of Force’ in S. Blay, R. Piotrowicz and B. Martin Tsamenyi (eds) Public International Law: An Australian Perspective, Oxford University Press: Melbourne (1997) 238-270;

Mathews, R.J. and McCormack, T.L.H. ‘Australian Security, Weapons of Mass Destruction and International Law’ in A. Bergin and S. Scott (eds) International Law and Australian Security, Australian Defence Studies Centre: Canberra (1997) 125-146;

McCormack T.L.H. and Simpson, G.J. ‘Achieving the Promise of Nuremberg: A New International Criminal Law Regime?’ in The Law of War Crimes: National and International Approaches, Kluwer Law International: The Hague (1997) 229-254;

McCormack, T.L.H. ‘From Sun Tzu to the Sixth Committee: The Evolution of an International Criminal Law Regime’ in McCormack and Simpson (eds) The Law of War Crimes: National and International Approaches, Kluwer Law International: The Hague (1997) 31-64;

McCormack, T.L.H. and Reicher H. ‘International Legal Personality’ in H. Reicher (ed.) Australian International Law: Cases and Materials, Law Book Co. Sydney (1995) 116- 201;

McCormack, T.L.H. ‘The Use of Force’ in H. Reicher (ed.) Australian International Law: Cases and Materials, Law Book Co.: Sydney (1995) 1028-1072;

Mathews, R.J. and McCormack, T.L.H. ‘Verification of the Chemical Weapons Convention: National Implementation Requirements’ in J.B. Poole and R. Guthrie (eds), Verification 1995: Arms Control, Peacekeeping and the Environment, Westview Press: Boulder (1995) 180-192.

Articles in Refereed Journals:

McCormack, T. ‘Australian Red Cross Leadership in the Promotion of International Humanitarian Law’, International Review of the Red Cross (in press, 2015);

McCormack, T. and McFarland, T. ‘Mind the Gap: Can Developers of Autonomous Weapons Systems be Liable for War Crimes?’, (2014) 90 International Law Studies 361- 385; Electronic version of the article available at: https://www.usnwc.edu/getattachment/ed8e80ad-b622-4fad-9a36- 9bedd71afebe/Mind-the-Gap--Can-Developers-of-Autonomous-Weapons.aspx

Liivoja, R. and McCormack, T. ‘Law in the Virtual Battlespace: The Tallinn Manual and the Jus in Bello’, (2012) 15 Yearbook of International Humanitarian Law 45-58;

Hagger, M. and McCormack, T. ‘Regulating the Use of Unmanned Combat Vehicles: Are General Principles of International Humanitarian Law Sufficient?, (2011) 21 Journal of Law, Information and Science (hard-copy in press. Electronic version of the article available at: http://www.jlisjournal.org/content/drones.html)

McCormack, T., ‘Why Consider Legal Challenges for International Policing?’, (2011) 15 Journal of International Peacekeeping 1-6;

McCormack, T. ‘The Contribution of the International Criminal Court to Increasing Respect for International Humanitarian Law’, (2009) 27 University of Tasmania Law Review 22-46;

McCormack, T.L.H. ‘David Hicks and the Charade of Guantánamo Bay’, (2007) 8 Melbourne Journal of International Law 273-291;

Boas, G. and McCormack, T.L.H. ‘Learning the Lessons of the Milošević Trial’, (2006) 9 Yearbook of International Humanitarian Law 65-86;

Dunworth, T., Mathews, R.J. and McCormack, T.L.H. ‘National Implementation of the Biological Weapons Convention’ (2006) 11 Journal of Conflict and Security Law 93-118;

McCormack, T.L.H., ‘Sixty Years From Nuremberg: What Progress for International Criminal Law?’, (2005) 1 Jurnul Hukum Humaniter (Humanitarian Law Journal – in Bahasa) 1-20; the same article is also published (with the mutual agreement of both journals) in (2005) 5 New Zealand Armed Forces Law Review 1-18;

Kelly, M.J., McCormack, T.L.H., Muggleton, P. and Oswald, B.M. ‘Legal Aspects of Australia’s Involvement in the International Force for East Timor’ (2001) 83 International Review of the Red Cross 101-140;

McCormack, T.L.H., ‘What’s in an Emblem?: Humanitarian Assistance Under Any Other Banner Would be as Comforting’ (2000) 1 Melbourne Journal of International Law 175-184;

McCormack, T.L.H. and Robertson, S. ‘Jurisdictional Aspects of the Rome Statute for a New International Criminal Court’ (1999) 23 Melbourne University Law Review 635- 667;

McCormack, T.L.H. and Simpson, G.J. ‘Simulating Multilateral Treaty Making in the Teaching of the Law of International Organisations’ (1999) 8 Legal Education Review 61-82; 19

Doherty, K.L. and McCormack, T.L.H. ‘Complementarity as a Catalyst for Comprehensive Domestic Penal Legislation’ (1999) 5 University of California, Davis Journal of International Law and Policy 147-180;

Mathews, R.J. and McCormack, T.L.H. ‘The Influence of Humanitarian Principles in the Negotiation of Arms Control Regimes’ (1999) 81 International Review of the Red Cross 331-352;

McCormack, T.L.H. ‘The ‘Sandline Affair’: Papua New Guinea Resorts to Mercenarism to End the Bougainville Conflict’ (1998) 1 Yearbook of International Humanitarian Law 292-300;

McCormack, T.L.H. ‘From Solferino to Sarajevo: A Continuing Role for International Humanitarian Law?’ (1997) 21 Melbourne University Law Review 621-649;

McCormack, T.L.H. ‘Selective Reaction to Atrocity: War Crimes and the Development of International Criminal Law’ (1997) 60 Albany Law Review 681-732;

McCormack, T.L.H. ‘A Non-Liquet on Nuclear Weapons: The ICJ Avoids the Application of General Principles of International Humanitarian Law’ (1997) 316 International Review of the Red Cross 76-91;

Mathews, R.J. and McCormack, T.L.H. ‘The Resolution of Disputes Under the Chemical Weapons Convention (1995) 16 Contemporary Security Policy 396-420;

McCormack, T.L.H. and Simpson, G.J. ‘A New International Criminal Law Regime?: The Sixth Committee Debates The International Law Commission’s Draft Statute for an International Criminal Court’ (1995) XLII Netherlands International Law Review 177- 206;

Mathews, R.J. and McCormack, T.L.H. ‘Entry into Force of the Chemical Weapons Convention: National Requirements and Prospective Timetable’ (1995) 26 Security Dialogue 93-107;

McCormack, T.L.H. and Simpson. G.J. ‘The International Law Commission's Draft Code of Crimes Against the Peace and Security of Mankind: An Appraisal of the Substantive Provisions’ (1994) 5 Criminal Law Forum 1-55;

Letts, M., Mathews R.J., McCormack T.L.H. and Moraitis, C. ‘The Conclusion of the Chemical Weapons Convention: An Australian Perspective’ (1993) 14 Arms Control 311-332;

McCormack, T.L.H. ‘Some Australian Contributions to Chemical Weapons Non- Proliferation and Disarmament’ (1992) 14 Australian Yearbook of International Law 157- 178;

McCormack, T.L.H. ‘Anticipatory Self-Defence in the Legislative History of the U.N. Charter’ (1991) 25 Israel Law Review 1-42;

McCormack, T.L.H. ‘H.V. Evatt at San Francisco: A Lasting Contribution to International Law’ (1990-91) 13 Australian Yearbook of International Law 92-105;

McCormack, T.L.H. ‘International Law and the Use of Chemical Weapons in the Gulf War’ (1990-91) 21 California Western International Law Journal 1-30.

Book Reviews in Refereed Journals:

McCormack, T.L.H. on Cassese A., Gaeta P. and Jones J.R.W.D. (eds), The Rome Statute of the International Criminal Court: A Commentary’, (2003)4 Melbourne Journal of International Law 341-345;

McCormack, T.L.H. on Sassòli, M. and Bouvier, A. ‘How Does Law Protect in War?: Cases, Documents and Teaching Materials on Contemporary Practice in International Humanitarian Law’, (2002)L Netherlands International Law Review 291-294;

McCormack, T.L.H. on Meron, T. ‘War Crimes Law Comes of Age’, (2000)XLVII Netherlands International Law Review 97-100;

McCormack, T.L.H. on Weiss, T.G. (ed) ‘The United Nations and Civil Wars’ (1999)11 Pacifica Review 329-332;

McCormack, T.L.H. on Dinstein, Y. and Tabory, M. (eds) ‘War Crimes in International Law’, (1998)18 Australian Yearbook of International Law 107-110;

McCormack, T.L.H. on White, N.G. ‘The Law of International Organisations’, (1998)347 The Round Table: The Commonwealth Journal of International Affairs 383-384;

McCormack, T.L.H. on Bassiouni, M.C. and Manikas, P. (eds.) ‘The Law of the International Criminal Tribunal for the Former Yugoslavia’, (1998) XLV Netherlands International Law Review 435-439;

McCormack, T.L.H. on Bassiouni, M. C. ‘Crimes Against Humanity in International Law’, (1996)17 Australian Yearbook of International Law 266-269;

McCormack, T.L.H. on Woodliffe, J. ‘The Peacetime Use of Foreign Military Installations under Modern International Law’, (1994)15 Australian Yearbook of International Law 321-323;

McCormack, T.L.H. on Lapidoth, R. and Hirsch, M. (eds.) ‘The Arab-Israeli Conflict and its Resolution: Selected Documents’, (1992)14 Australian Yearbook of International Law 316-318;

McCormack, T.L.H. on Janis, M.W. (ed.) ‘The Influence of Religion on the Development of International Law’, (1993)21 International Journal of Legal Information 86-89;

McCormack, T.L.H. on Bustelo, M.R. and Alston, P. (eds) ‘Whose New World Order: What Role for the United Nations?’, (1988/89)12 Australian Yearbook of International Law 303-306;

McCormack, T.L.H. on Cassese, A. ‘Human Rights in a Changing World’, (1992)18 Melbourne University Law Review 493-494;

McCormack, T.L.H. on Meyrowitz, E. ‘Regulation of Nuclear Weapons: The Relevance of International Law’, (1991)19 International Journal of Legal Information 147-149;

McCormack, T.L.H. on Butler, W.E. (ed.) ‘The Non-Use of Force in International Law’, (1991)18 International Journal of Legal Information 225-228.

Editing of Refereed Journals:

McCormack, T., Guest Editor, Symposium Issue on ‘Legal Challenges for International Policing’ in (2011) 15 Journal of International Peacekeeping (Issues no. 1 and 2.);

McCormack, T., Correspondents’ Reports Editor, (2010) 13 Yearbook of International Humanitarian Law;

McCormack, T., General Editor and McCormack, T. and Kleffner, J. co-Managing Editors, (2009) 12 Yearbook of International Humanitarian Law;

McCormack, T., General Editor, (2008) 11 Yearbook of International Humanitarian Law;

McCormack, T., General Editor, (2007) 10 Yearbook of International Humanitarian Law;

McCormack, T., General Editor, (2006) 9 Yearbook of International Humanitarian Law;

McCormack, T., General Editor, (2005) 8 Yearbook of International Humanitarian Law;

McCormack, T., General Editor, (2004) 7 Yearbook of International Humanitarian Law;

McCormack, T., General Editor, (2003) 6 Yearbook of International Humanitarian Law;

Other Contributions to Refereed Journals:

McCormack, T.L.H. ‘Australia’ in ‘Correspondents’ Reports’, (2003) 6 Yearbook of International Humanitarian Law 453-461;

McCormack, T.L.H. ‘Australia’ in ‘Correspondents’ Reports’, (2002) 5 Yearbook of International Humanitarian Law 431-440;

McCormack, T.L.H. ‘Australia’ in ‘Correspondents’ Reports’, (2001) 4 Yearbook of International Humanitarian Law 440-447;

McCormack, T.L.H. ‘Australia’ in ‘Correspondents’ Reports’, (2000) 3 Yearbook of International Humanitarian Law 414-419;

McCormack, T.L.H. ‘Solomon Islands’ in ‘Correspondents’ Reports’, (2000) 3 Yearbook of International Humanitarian Law 577-578;

McCormack, T.L.H. ‘Australia’ in ‘Correspondents’ Reports’, (1999) 2 Yearbook of International Humanitarian Law 329-331;

McCormack, T.L.H. ‘New Zealand’ in ‘Correspondents’ Reports’, (1999) 2 Yearbook of International Humanitarian Law 393-394;

McCormack, T.L.H. ‘Australia’ in ‘Correspondents’ Reports’, (1998) 1 Yearbook of International Humanitarian Law 407-408;

McCormack, T.L.H. ‘Papua New Guinea’ in ‘Correspondents’ Reports’, (1998) 1 Yearbook of International Humanitarian Law 488-491.

Consultancy Reports:

McCormack, T., ‘Australian Law and Practice Relevant to Investigation and Prosecution of LOAC Violations’, The Public Commission to Examine the Maritime Incident of 31 May 2010: The Turkel Commission Second Report, Israel’s Mechanisms for Examining and Investigating Complaints and Claims of Violations of the Laws of Armed Conflict According to International Law, February 2013, pp. 643-714;

McCormack, T., ‘US Civil Liability for Providing Material Support to a Terrorist Organisation’, prepared for World Vision Australia, 20 March 2012, pp. 1-9;

McCormack, T., ‘Opinion on Possible Challenges to the Extradition Request: Sri Lanka - United Arab Emirates’, prepared for Robert Stary and Associates, Melbourne, 15 July 2011, pp. 1-12;

McCormack, T.L.H. and P. Mtharu, Expected Civilian Damage and the Proportionality Equation, presented to the Review Conference of the 1980 Certain Conventional Weapons Convention, United Nations, Geneva, November 2006, pp. 1-13;

McCormack, T.L.H., S. Finnin and P. Mtharu, International Humanitarian Law and Explosive Remnants of War: Report on States Parties’ Responses to the Questionnaire, presented to the Group of Governmental Experts’ Working Group on Explosive Remnants of War of the States Parties to the 1980 Certain Conventional Weapons Convention, United Nations, Geneva, March 2006, pp. 1-70;

McCormack, T.L.H., Prosecutor v. Slobodan Milošević, ‘Amicus Curiae’s Reply to Prosecution Submission in Response to Trial Chamber’s Preliminary Order on Amicus Curiae Observations Proprio Motu on the Desirability of Submissions on the Alternative Bases of Individual Criminal Responsibility Alleged in the Case and on the Issue of Trials In Absentia, 14 June 2005; pp. 1-5;

McCormack, T.L.H., Prosecutor v. Slobodan Milošević, ‘Amicus Curiae Observations Proprio Motu on the Desirability of Submissions on the Alternative Bases of Individual Criminal Responsibility Alleged in the Case and on Trials In Absentia’, Case No. IT- 02-54-T, 25 April 2005, pp. 1-8;

McCormack, T.L.H. and B. Clarke, ‘Aspects of the Jurisdiction Ratione Materiae of the Military Commission for the Proposed Trial of David Hicks’, filed as an Expert Opinion in the Motions Phase of Proceedings Against David Hicks, Guantanamo Bay, November 2004, pp. 1-5;

McCormack, T.L.H., Prosecutor v. Slobodan Milošević, ‘Amicus Curiae Observations Proprio Motu on Relevant Issues of International Law’, Case No. IT-02-54-T, 25 August 2004, pp. 1-5;

McCormack, T.L.H., ‘Conspiracy and Criminal Organizations in Post-World War II War Crimes Trials’, Expert Opinion for Major Michael Mori, Counsel for David Hicks, 17 June 2004, pp. 1-15;

McCormack, T.L.H., Prosecutor v. Slobodan Milošević, ‘Amicus Curiae Submissions on Self- Defence as it Arises in the Bosnia-Herzegovina Part of the Case as Stipulated in the Order of the Chamber to the Amicus of 23 July 2003’, Case No. IT-02-54-T, 01 March 2004, pp. 1-28;

McCormack, T.L.H., Prosecutor v. Slobodan Milošević, ‘Amicus Curiae Submissions on Self- Defence as it Arises in the Croatia Part of the Case as Stipulated in the Order of the Chamber to the Amicus of 23 July 2003’, Case No. IT-02-54-T, 11 February 2004, pp. 1- 33;

McCormack, T.L.H., ‘Duress as a Defence to the Perpetration of a War Crime or Crime Against Humanity’, Clothier Anderson and Associates, Melbourne, February 2004, pp. 1-15;

McCormack, T.L.H., Prosecutor v. Slobodan Milošević, ‘Amicus Curiae Submissions on Self- Defence as it Arises in the Kosovo Part of the Case as Stipulated in Part (a) of the Order of the Chamber to the Amicus of 11 December 2002’, Case No. IT-02-54-T, 30 October 2003, pp. 1-36;

McCormack, T.L.H., Prosecutor v. Slobodan Milošević, ‘Amicus Curiae Observations Proprio Motu on Relevant Issues of International Law’, Case No. IT-02-54-T, 21 July 2003, pp. 1-4;

McCormack, T.L.H., Prosecutor v. Slobodan Milošević, ‘Amicus Curiae Submissions on the Law of Self-Defence as Stipulated in Parts (b) and (c) of the Order of the Chamber to the Amicus of 11 December 2002’, Case No. IT-02-54-T, 14 July 2003, pp. 1-49;

McCormack, T.L.H. ‘International Law Aspects in Extradition Proceedings Against Konrads Kalejs’, Expert Opinion for the Commonwealth Director of Public Prosecutions, Melbourne, March 2001, pp. 1-8;

McCormack, T.L.H. ‘War Crimes in Internal Armed Conflicts and Elements of a Crime Against Humanity’, Department of Immigration and Multicultural Affairs, Canberra, November 1999, pp. 1-16;

McCormack, T.L.H. ‘Complicity in, or Aiding and Abetting, War Crimes or Crimes Against Humanity’, Erskine Rodan and Associates, Melbourne, March 1998, pp. 1-15;

McCormack, T.L.H. ‘National Implementation of International Humanitarian Law Instruments in South Pacific Island States’, International Committee of the Red Cross, Geneva, February 1998, pp. 1-20;

McCormack, T.L.H. ‘NPT, SPNFZ and CWC: Facilitating Action by Vanuatu’, Department of Foreign Affairs and Trade, Canberra, April 1995, pp. 1-12;

McCormack, T.L.H. ‘Chemical Weapons Regional Initiative Visit to South Pacific Capitals’, Department of Foreign Affairs and Trade, Canberra, June 1994, pp. 1-18;

Mathews R.J. and McCormack T.L.H. ‘Illustrative Model Legislation for the Implementation of the Chemical Weapons Convention Into Domestic Law: Text and Explanatory Memorandum’, Department of Foreign Affairs and Trade, Canberra, September 1993, pp. 1-36 (subsequently tabled at the Preparatory Commission for the Chemical Weapons Convention in The Hague as a Working Paper: Doc. No. PC- IV/A/WP.10, 23 September 1993); 24

McCormack, T.L.H. and Simpson G.J. ‘The Draft Code of Crimes Against the Peace and Security of Mankind: An Analysis of the Relationship Between the Draft Code's Specific Crimes and Existing International Law’, Legal Office, Department of Foreign Affairs and Trade, Canberra, November 1992, pp. 1-41;

McCormack, T.L.H. ‘Towards a Chemical Weapons Convention: Australian Perspectives on the Outstanding Issues to Implementation’, Department of Foreign Affairs and Trade, Canberra, November 1991, pp. 1-96.

Published Conference Proceedings:

Dunworth, T., Mathews, R.J and McCormack, T.L.H. ‘National Implementation of the Biological Weapons Convention’, in R. J. Mathews (ed), Proceedings of the Biological Weapons Convention Regional Workshop, Melbourne Law School 21-25 February 2005, Asia Pacific Centre for Military Law (2005), 69-93;

McCormack, T.L.H. ‘General Obligations Under the Biological Weapons Convention’, in R. J. Mathews (ed), Proceedings of the Biological Weapons Convention Regional Workshop, Melbourne Law School 21-25 February 2005, Asia Pacific Centre for Military Law (2005), 26-32;

Kelly, M.J. and McCormack, T.L.H. ‘International and Regional Action With Regard to Conflicts in Multicultural Societies’, Federalism in a Changing World: Learning From Each Other, Conference Reader for the International Conference on Federalism, St Gallen, 27-30 August 2002, 363 – 406;

McCormack, T.L.H. ‘An Introduction to Treaties: What They Are and Where to Find Them’, (1996)4 Australian Law Librarian 265-278;

McCormack, T.L.H. ‘National Implementing Legislation for the Chemical Weapons Convention’ Proceedings of the Regional Seminar on National Implementation of the Chemical Weapons Convention, Jakarta, 28-30 November 1994, Provisional Technical Secretariat of the Organisation for the Prohibition of Chemical Weapons Occasional Paper No. 9, 95-104;

Mathews, R.J. and McCormack, T.L.H., ‘Disputes Between the Inspected State Party and the Inspection Team’ Hague Academy of International Law Colloquium on the Chemical Weapons Convention, The Hague, 24-26 November 1994, 509-535;

McCormack, T.L.H. 'New Standards in the Monitoring of Multilateral Arms Control and Disarmament Treaties', Proceedings of the Second Annual Meeting of the Australian and New Zealand Society of International Law, A.N.U., Canberra, 27-29 May 1994, 18-25;

McCormack, T.L.H. 'National Implementing Legislation for the Chemical Weapons Convention', Proceedings of the Regional Seminar on National Implementation of the Chemical Weapons Convention, Bangkok, 9-10 May 1994, Provisional Technical Secretariat of the Organisation for the Prohibition of Chemical Weapons Occasional Paper No. 4, 123-135;

McCormack, T.L.H. ‘The Australian Approach to National Implementation of the Chemical Weapons Convention', Proceedings of the 88th Annual Meeting of the American Society of International Law, Washington D.C., 5-8 April 1994, 233-238; 25

McCormack T.L.H. 'Australia: National Implementation of the Chemical Weapons Convention', Proceedings of the Seminar on National Implementation, The Hague, 18 December 1993, Provisional Technical Secretariat of the Organisation for the Prohibition of Chemical Weapons Occasional Paper No. 2, 149-153;

McCormack T.L.H. 'The United Nations Draft Code of Crimes Against the Peace and Security of Mankind: An Appraisal of the Substantive Provisions', Proceedings of the First Annual Meeting of the Australian and New Zealand Society of International Law, A.N.U., Canberra, 28-30 May 1993, 36-48;

McCormack, T.L.H. 'International Legal Issues for the Implementation of the Chemical Weapons Convention', Proceedings of the Chemical Weapons Regional Initiative Seminar, 31 March 1993 - 2 April 1993, Part 5, pp. 1-13;

McCormack, T.L.H. 'What Does it Mean to Become an Original Signatory to the Chemical Weapons Convention?', Proceedings of the Chemical Weapons Regional Initiative Seminar, Sydney, 21-23 June 1992, 107-116;

McCormack, T.L.H. 'Some Australian Initiatives in Chemical Weapons Non- Proliferation and Disarmament', (1992) Proceedings of the Annual International Law Weekend, A.N.U., Canberra, 15-17 May 1992, 132-142;

McCormack, T.L.H. 'Some Implications from the Iraq-Kuwait Situation for the Law Governing the Use of Force', (1991) Proceedings of the Annual International Law Weekend, A.N.U., Canberra, 10-12 May 1991, 125-136.

Other Publications:

McCormack, T. ‘Kony 2012 and the ICC’, Crosslight, April 2012, No. 220, 12;

McCormack, T. ‘Bringing Warlords to Justice’, Herald Sun, Briefed: The Law Blog, 21 March 2012 available at: http://blogs.news.com.au/heraldsun/law/index.php/heraldsun/comments/bringi ng_warlords_to_justice/

McCormack, T. ‘Crimes of War Get Lost in Law Limbo’, The Age, 20 July 2011, 17;

McCormack, T., ‘Commandos Finally Get Justice as Afghan Charges Dismissed’, The Age, 25 May 2011, 17;

McCormack, T., ‘The Importance of Effective Enforcement of International Humanitarian Law’, (2010) 18 International Humanitarian Law Magazine, symposium issue on Punishing War Crimes: International Criminal Tribunals, Australian Red Cross, 3-5;

McCormack, T., ‘The Need for Protection’, (2010) 17 International Humanitarian Law Magazine, symposium issue on Protection for Humanitarian Workers, Australian Red Cross, 22-23;

McCormack, T., ‘Negotiating the Geneva Conventions and Contributing to International Humanitarian Law’, (2009) 16 International Humanitarian Law Magazine,

symposium issue on the 60th Anniversary of the Geneva Conventions, Australian Red Cross, 14-15;

McCormack, T., ‘Guantanamo’s Closure is Just the Beginning: The Future for Detainees Raises Questions About Australia’s Role’, The Age, 02 February 2009, 13;

McCormack, T.L.H., ‘A Sorry Tale of Torture’, book review of Mamdouh Habib with Julia Collingwood, My Story: The Tale of A Terrorist Who Wasn’t, in The Age, 15 November 2008, A2, 27;

McCormack, T.L.H., ‘Lest We Forget the Criminal Atrocities of War’, The Age, 10 November 2008, 11;

McCormack, T.L.H., ‘Taking on the Tyrants: The International Criminal Court May Have Some Failings but it has Generated a Worldwide Change in Attitude’, The Age, 16 July 2008, 11;

McCormack, T.L.H., ‘Bush Loses, Freedom Reigns: The US Supreme Court’s Decision is a Victory for the Rule of Law’, The Age, 16 June 2008, 15;

McCormack, T.L.H., ‘Trials of International Criminal Law’, book review of Gerry Simpson, Law, War and Crime: War Crimes Trials and the Reinvention of International Law, in The Age, 19 January 2008, A2, 20;

McCormack, T.L.H., ‘A Shameful Episode: The Howard Government’s Behaviour in the Hicks Affair Will Forever Remain a Blight on Australia’, The Age, 29 December 2007, 19;

McCormack, T.L.H., ‘March 2007: Ideal Time to Push for Lenient Deal for Hicks’, Melbourne University Magazine, August 2007, 15-17;

McCormack, T.L.H., ‘Why I Was Happy to Assist David Hicks’, The Melbourne Anglican, June 2007, 17.

McCormack, T.L.H., ‘Trial of David Hicks Was a Political Fix by Two Governments’, The Age, 21 May 2007; 13;

McCormack, T.L.H., ‘Remembering a Vietnam Digger’, (2007) 44 Tasmania 40o South, 48- 50;

McCormack, T.L.H., ‘Hope Riddled With Flaws’, book review of Adam LeBor, Complicity With Evil: The United Nations in the Age of Modern Genocide and James Traub, The Best Intentions: Kofi Annan and the UN in the Era of American Power, in The Age, 03 February 2007, A2, 23;

McCormack, T.L.H., ‘Sixty Years From Nuremberg: What Progress for International Criminal Law?’, (2006) 4 Victorian Institute of Forensic Medicine Review 8-15, (this article is the same as that published in the refereed journals (2005) 1 Jurnul Hukum Humaniter (Humanitarian Law Journal – in Bahasa) 1-20 and in (2005) 5 New Zealand Armed Forces Law Review 1-18 and was published in the VIFM Review with the mutual consent of the editors of both refereed journals);

McCormack, T.L.H., ‘Nuremberg’s Lessons for Guantanamo’, The Age, 22 November 2005; 15; 27

McCormack, T.L.H., ‘Blix Delivers His Case for Truth’, book review of Hans Blix, Disarming Iraq: The Search for Weapons of Mass Destruction, in The Age, 15 May 2004, Review, 6;

McCormack, T.L.H., ‘David Hicks: A Case of Guilt by Association?’, The Age, 12 June 2004, Insight, 9;

McCormack, T.L.H. ‘Strengthening Regional Enforcement of International Criminal Law Post-September 11’, Melbourne Institute of Asian Languages and Societies Asia Policy Paper Series, No. 2, May 2003, pp 1 - 16;

McCormack, T.L.H. ‘The New International Criminal Court’, (2001)10 Res Publica 1-4;

Mathews, R.J. and McCormack, T.L.H. 'Entry Into Force of the Chemical Weapons Convention: Activities and Prospective Timetable', (1994)25 Chemical Weapons Convention Bulletin 1, 4-6.

McCormack, T.L.H. and Simpson, G.J. 'Grand Days Revisited?: An International Criminal Court for the Twenty-First Century', (1994)22 International Law News 17-23.

McCormack, T.L.H., 'International Custody Disputes: International Legal Aspects', (1992)16 International Law News 18.

McCormack, T.L.H. 'Asia-Pacific Economic Co-operation: A Leading Forum for Regional Economic Development' LawAsia Comparative Constitutional Law Newsletter (1992)Vol. 1 No. 2, 7.

McCormack, T.L.H. 'Banning Chemical Weapons: Australia's Continuing Contribution' Australia/Israel Review, 21 April 1992, 8 (also published, with the permission of the editors of both journals in (1992)15 International Law News 14-16.

McCormack, T.L.H. 'Australia's Ratification of the U.N. Convention on the Rights of the Child' (1991)Sept. International Law News 9-10.

McCormack, T.L.H. 'Rabta Burns and the World Breathes Easy', Canberra Times, 17 April 1990, 8.

McCormack, T.L.H. 'Chemical-Weapons Ban Draws Nigh', Canberra Times, 23 February 1990, 9.

McCormack, T.L.H. 'Iraqi Rocket Launching Boosts Weapons Fear' Canberra Times, 8 January 1990, 9.

McCormack, T.L.H. 'Ambitious Bush Bends Law in Ambush of Panama' Canberra Times, 30 December 1989, 8.

McCormack, T.L.H. 'The Iraqi Kurds: Forgotten Victims' Australia/Israel Review 11 July 1989, 8.

McCormack, T.L.H. 'Chemical Weapons and the Right of Pre-Emptive Self-Defence' Australia/Israel Review 14 April 1989, 8.