19.8 “Military Law” provides a comprehensive survey of Australian military law, as well as the guiding policy and historical influences that have led to its particular character and content. It documents the continuous development of the statutory framework governing defence in Australia, from pre-Federation to the modern era, tracing the legislative response to the various conflicts in which Australia has been involved. It deals with core issues of discipline, administrative and operations law, with particular attention given to early 21st century reforms. It also considers how Australian defence operations respect and accommodate international law when achieving national security outcomes globally. Additionally, it outlines the domestic legal framework in place that frames the Australian Defence Force (ADF) capacity to deal with internal security threats as well as responding to natural disasters and other emergencies occurring within Australia.



AUTHORS



Dr Dale Stephens is a Professor of Law at the University of Adelaide Law School. He was admitted to practice in 1989 and is a former Permanent Naval Legal Officer. He has occupied numerous senior positions within the ADF, including Director of Operations and International Law, Fleet Legal Officer and Director of Navy Legal Services. His operational deployments include multiple tours of East Timor and Iraq. He has been awarded the Conspicuous Service Medal (CSM), the (US) Bronze Star and the (US) Meritorious Service Medal. He attained the rank of Captain in the Royal Australian Navy before transferring to the Reserve in 2013. Professor Stephens holds both a Masters degree (LL.M) and Doctorate (SJD) from Harvard Law School. He is Director of the Adelaide University Research Unit on Military Law and Ethics. He is a participating member of the San Remo Manual on the Law of Naval Warfare update project. He is an Editor and Chair of the Board of Directors of the Woomera Manual on the International Law of Military Space Activities and Operations. He is Chair of the SA Red Cross IHL Advisory Committee. He is the co-editor of The Law of Naval Warfare (2019) and Military Law in Australia (2019). In 2021 he was awarded the Distinguished Service Award by the Australian Red Cross. He is a Fellow of the Australian Academy of Law.

Dr Matthew Stubbs is a Professor at the University of Adelaide Law School, where he serves as Editor in Chief of the Adelaide Law Review and Program Director of Military Law Programs and Postgraduate Coursework Programs. He is a graduate of the University of Adelaide and the Australian National University; his PhD topic concerned Australian public law. Matthew’s teaching focusses on public law and international law, and has been recognised by three Australian national teaching awards. His research addresses the intersection of international and public law, with a particular focus on military law, space law and human rights, and has been published by numerous prestigious journals and book publishers. Matthew was appointed as a Legal Officer (Lieutenant) in the Royal Australian Naval Reserve in 2016, and he serves as a core expert on the Woomera Manual on the International Law of Military Space Activities and Operations. Matthew is a member and former Chair of the Human Rights Committee and Space Law Committee of the Law Society of South Australia and a member of the National Human Rights Committee of the Law Council of Australia.