Emerita Professor Judith Gardam

• Biography/ Background

  After graduating in Law from the University of Western Australia Judith Gardam worked at the Crown Law Department of Western Australian, the Western Australian Law Reform Commission and was a part time and then full time member of the academic staff at the Law School of the University of Western Australia. She subsequently completed a Masters degree by thesis at the University of Melbourne and after a short period in legal practice in Melbourne she joined the academic staff at Monash University. Judith later returned to the University of Melbourne as a member of the academic staff and completed her doctorate there on the protection of civilians in times of armed conflict. In 1989 she joined the academic staff at the University of Adelaide Law School and in 2011  was apointed Emertitus Professor of Law. Her areas of exertise are public international law, international humanitarian law and the use of armed force and feminist theory. Judith has worked on such issues as the treatment of civilians (in particular women) during times of armed conflict, the requirements of necessity and proportionality in the use of force and the human rights aspects of energy resources. She is the recipient of several major Australian Research Council Discovery Grants and is  the author of the 2002 Expert Report on International Humanitarian Law and Human Rights Law Applicable to Women and Girls in Times of Armed Conflict, for the study commissioned by the Secretary-General of the United Nations in response to Security Council Resolution 1325 (October 2000). Judith is a Fellow of the Academy of Social Sciences in Australia.  

   

• Qualifications

  Education and Professional
  LLB (UWA & Mon)
  LLM PHD (Melb)

  Fellow of the Academy of Social Sciences in Australia; Barrister and Solicitor of the Supreme Court of Victoria and The High Court of Australia

• Research Interests

  Public International Law
  International Humanitarian Law
  Feminist Legal Theory

• Publications

  Books

  The Challenge of Conflict: International Law Responds, (co-edited with T Dolgopol), Martinus Nijhoff Publishers, The Hague (2006)

  Proportionality, Necessity and Force in International Law Cambridge Studies in International and Comparative Law, XXIII and 259 pp Cambridge University Press, United Kingdom (2004)

  Women, Armed Conflict and International Law (with M Jarvis), XV and 290 pp Kluwer Law International, The Hague (2001)

  Humanitarian Law (ed) in The Library of Essays in International Law 567 pp Dartmouth Publishing Company, United Kingdom (1999)

  Non-Combatant Immunity as a Norm of International Humanitarian Law, XI and 199 pp Martinus Nijhoff Publishers, The Hague (1993)

  Bibliographies etc

  UN Audovisual Libraries "Protocols Additional to the Geneva Conventions of 12 Auguat 1949" (2021)

  “Proportionality in International Law” in Oxford Bibliographies in International Law , Tony Carty (ed), Oxford University Press, New York, 2016

   

  Chapters in Books

  "The Gendered Framework of International Humantarian Law and the Development of International Criminal Law" in   Indira Rosenthal, Valerie Oosterveldt and Susana S'Acouto  (eds) (with Michelle Jarvis) (47-72) Oxford University Press, New York (2022)

  "Women's Human Rights and the Law of Armed Conflict" in Niamh Reilly (ed),  International Law and the Human Rights of Women , 423-440 Springer, Singapore (2019)

  "The Silences in the Rules that Regulate Women During Times of Armed Conflict" in Fionnuala Ni Aolain, Naomi Cahn, Dina Francesca Haynes and Nahla Valji (eds), The oxford Handbook of Gender and Conflict, (35-47) Oxford University Press, New York (2018)

  "A Gender Aware Approach to Legal and Policy Strategies for Achieving  Acess to Modern Energy Services in Sub-Saharan Africa", in Yinka Omorogbe and Ada Ordor (eds), Ending Africa's Energy Deficit and the Law, Achieving Sustainable Energy for all in Africa, Oxford University Press, (2018) 

  “A Role for International Law in Achieving a Gender Aware Energy Policy” in Paul Babie and Paul Leadbeter (eds), Law as Change Engaging With the Life and Scholarship of Adrian Bradbrook, (43-58) University of Adelaide Press, Adelaide  (2014)

   

  “Concluding Remarks: Establishing Common Ground between Feminism and the Military” (with Dale Stephens) in Gina Heathcote & Di Otto (eds), Rethinking Peacekeeping, Gender Equality and Collective Security, 265-279 Palgrave, Macmillan UK (2014).

   

  “A New Frontline for Feminism and International Humanitarian Law” in The Ashgate Research Companion to Feminist Legal Theory, Margaret Davies and Vanessa Munro (eds), Ashgate, UK (2013)

   

  "Crimes Involving Disproportionate Means and Methods of Warfare under the Statute of the International Criminal Court", in J Doria, H P Gasser and M Cherif Bassiouni (eds) The Legal Regime of the International Criminal Court: Essays in Honour of Professor Igor Blischenko, 537-59 Martinus Nijhoff Publishers, The Hague (2009)

  "The Australian Landmines Campaign: A View from the Academy" in P Pak Poy ed, A Path is made by Walking it - Reflections on the Australian Network to Ban Landmines, David Lovell Publications 41-48 (2007).

  "Introduction" in J Gardam and T Dolgopol, (eds) The Challenge of Conflict: International Law Responds, Martinus Nijhoff Publishers, The Hague, xv-xxii (2006) (with T Dolgopol).

  "Women and Armed Conflict: The Response of International Humanitarian Law" in H Durham & T Gurd (eds) Listening to Silences: Women and Armed Conflict, 109-125 Martinus Nijhoff Publishers The Hague (2005)

  "Proportionality and Necessity in the Nuclear Weapons Case" in P Sands and L Boisson de Chazournes (eds) The International Court of Justice and the Nuclear Weapons Case 275-292 Cambridge University Press, United Kingdom (1999)

  "Introduction" Humanitarian Law, (XI-XIX) Dartmouth Publishing Company (1999)

  "An Alien's View of the Law of Armed Conflict" in N Naffine & R Owens (eds) Sexing the Subject of Law, 233-250 Law Book Co, Sydney (1997)

  "The Law of Armed Conflict: A Gendered Regime?" in D Dallmeyer ed Reconceiving Reality: Women and International Law 171-202 American Society of International Law Studies in Transnational Legal Policy No. 25, Washington 1994

  "The Law of Armed Conflict: A Feminist Perspective" in K Mahoney & P Mahoney (eds) Human Rights in the Twenty-First Century: A Global Challenge, 419-436 Martinus Nijhoff Publishers, The Hague (1993)

   

  Journal Articles

  "Feminist Interventions into International Law: A Generation on", 40 (1) Adelaide Law Review, 219-226 (2019)

  Adelaide Law Review "War, Law, Terror, Nothing New for Women ", 32 The Australian Feminist Law Journal, 61-76 (2010)

  "Energy and Poverty: A Proposal to Harness International Law to Advance Universal Access to Modern Energy Services" (with A Bradbrook) 57 Netherlands International Law Review,1-28 (2010)

  "A Human Dimension to the Energy Debate: Access to Modern Energy Services" (with A Bradbrook & M Cormier) 26 Journal of Energy and Natural Resources Law, 526-552 (2008)

  "Placing Access to Energy Services within a Human Rights Framework", 28 Human Rights Quarterly, 389-415 (2006) (with A Bradbrook).

  "The Neglected Aspect of Women and Armed Conflict: Progressive Development of the Law", Netherlands International Law Review, 197-219 (2005)

  "A Role for Proportionality in the War on Terror", 74 (1) Nordic Journal of International Law" (2005) 3-25

  "The Contribution of the International Court of Justice to International Humanitarian Law" 14 Leiden Journal of International Law 349-365 (2001)

  "Women and Armed Conflict: The International Response to the Beijing Platform for Action" (with M Jarvis) 32 Columbia Human Rights Law Review 1-65 (2000)

  "The Need for New Directions in the Protection of Women in Armed Conflict" (with H Charlesworth) 22 Human Rights Quarterly 148-166 (2000)

  "Proportionality as a Restraint on the Use of Force" 20 Australian Yearbook of International Law 161-174 (1999), reprinted in Jean-Pierre L Fonteyne, Anne McNaughton & James Stephen Stellios, Harris Cases and Materials on International Law: An Australian Supplement, 241 (2003)

  "Women and Armed Conflict" 324 International Review of the Red Cross 421-432 (1998)

  "Women and the Law of Armed Conflict: Why the Silence?" 46 International & Comparative Law Quarterly 55-80 (1997) (reprinted in N Naffine (ed) Gender and Justice in The International Library of Essays in Law and Legal Theory Ashgate United Kingdom 143 (2002))

  "Energy and the Law of Armed Conflict" 15 Journal of Energy and Natural Resources Law 87-96 (1997)

  "Legal Restraints on Security Council Military Enforcement Action" 17 Michigan Journal of International Law 285-322 (1996)

  "Proportionality and Force in International Law" 87 American Journal of International Law 391-413 (1993)

  "Gender and Non-Combatant Immunity" 3 Transnational Law and Contemporary Problems 346-370 (1993)

  "Non-Combatant Immunity and the Gulf Conflict" 32 Virginia Journal of International Law 813-836 (1992)

  "A Feminist Analysis of International Humanitarian Law" 12 Australian Yearbook of International Law 265-278 (1990)

  "Protocol I to the Geneva Conventions: A Victim of Short-Sighted Political Considerations?" 17 Melbourne University Law Review 107-131 (1989)

  "Petroleum Pipelines - Land Use Planning and Environmental Aspects" 4 Environmental and Planning Law Journal 253-271 (1987)

  "The Constitutional Implications of the Federal Pipeline Authority Act 1973" Australian Mining and Petroleum Law Association Yearbook 422-450 (1986)

  "Management Regimes for Antarctic Marine Living Resources - An Australian Perspective" 15 Melbourne University Law Review 279-312 (1985)

  Reports

  Final Report on the Meaning of Armed Conflict in International Law, International Law Association Committee on the Use of Force (Rapporteur) 2010

  Initial Report on the Meaning of Armed Conflict in International Law, International Law Association Committee on the Use of Force (Rapporteur) 2008.

  2002: Expert report on International Humanitarian Law and Human Rights for the Secretary General of the United Nations' Study on Women, Peace and Security in pursuance of United Nations Security Council Resolution 1325.

  Comments, Conference Proceedings and other Published Materials

  The Need for New Rules to Protect Women in Times of Armed Conflict' IHL Newsletter Australian Red Cross (2002)

  "September 11:2001, Feminist Perspectives" S Hawthorne & B Winter (eds) Spinifex Press 156-157 (2002)

  "The Border Protection Legislative Package" (with R Owens), The Bulletin of the Law Society of South Australia Vol 23 No 11 30-33 (2001)

  "Land Mines: the Limitations of the Law" in Proceedings of the Conference on Land Mines - a Human Rights Crisis Human Rights Council of Australia (1993)

  "Proportionality and Force in International Law" Proceedings of First Annual Meeting of ANZ Society of International Law Canberra 57-63 (1993)

  The Geneva Protocols, A Legal Perspective" 4 Open Lines Bulletin Australian Red Cross Melbourne

   

Entry last updated: Friday, 26 Aug 2022