ADELAIDE | International humanitarian law and ethics in legal decision-making

A law and ethics seminar

presented by Professor Dale Stephens CSM FAAL, University of Adelaide Law School

in conversation with Ms Tory Shepherd, Guardian Australia

International humanitarian law (IHL), also known as the law of war or the law of armed conflict, applies during all armed conflict. 

Although it includes a large body of treaty law, it does not codify everything: military members are obliged to rely upon the ‘dictates of public conscience’ where there is no black letter law to guide actions. This raises the obvious question of what the content of the ‘dictates of public conscience’ are? It may also be asked what the role of such dictates would be to shape decisions made in situations where there is law that applies? 

This seminar will examine the complex and necessary interplay between ethics and IHL. While all lawyers are bound by ethical obligations in their practice, such obligations have a particular resonance in the battle space where life and death decisions are routinely made and where mission accomplishment goals are a priority.  

Australian Red Cross presents this seminar with thanks to the volunteers of the SA IHL Advisory Committee and LK Law.