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School of Law

Ms Elizabeth Stubbins Bates

BA (Oxford) LLM (Harvard) PGCertHE (LSE) FHEA

Overview

Elizabeth Stubbins Bates
Name:
Ms Elizabeth Stubbins Bates
Email address:
Thesis title:
Testing the Effectiveness of the British Army’s Training in International Humanitarian Law
Year of Study:
2
Internal Supervisors

PhD Research

States are obliged to train members of the armed forces in international humanitarian law (IHL). In the Four Geneva Conventions of 1949, this is part of the obligation to disseminate the Conventions and is related to the broader obligation to ‘respect and ensure respect’ for their provisions. Although the IHL training obligation applies in peace and war, and is reiterated in numerous treaties, it is under-theorised and seldom examined empirically.

This new research project examines the IHL training obligation, taking the British Army as a case study. It seeks to explore what constitutes effective training in international humanitarian law, to analyse the policy and institutional changes in the British Army’s IHL training since 2003, and to ascertain through anonymised questionnaires and interviews the content, consistency, form and frequency of the British Army’s training in lawful targeting and civilian protection. These norms include the deceptively simple principle of distinction between combatants and civilians, and the more opaque principle of proportionality, which requires a pre-emptive weighing of two qualitatively distinct values, in effect ‘balancing’ military necessity against civilian protection. Each of these principles is ripe for accurate or inaccurate understandings, and may be influenced by interpretive controversies in IHL and changes in Rules of Engagement. The project should add to the growing literature on international law compliance: reorienting the compliance inquiry away from the meta-level of the state to the understanding of law by individual soldiers and officers, and recognising the interpretive and operational complexity of IHL treaty norms.

PhD Publications

Manuscript in Progress:
Journal Article

'Training Troops in International Humanitarian Law: New Thoughts on Compliance Theory'

Under Review:
Journal Article

‘Testing the Effectiveness of Military Training in International Humanitarian Law’, submitted to the International Review of the Red Cross for the special issue on Generating Respect for International Humanitarian Law.

Previous Publications:
Book

Stubbins Bates, Elizabeth, Terrorism and International Law: Accountability, Remedies and Reform – A Report of the International Bar Association Task Force on Terrorism, edited by an IBA Task Force of Justice Richard Goldstone, HHJ Eugene Cotran, Gijs de Vries, Julia A. Hall, Juan Mendez, Javaid Rehman (Oxford University Press, 2011);

Conference Proceedings

Stubbins Bates, Elizabeth, ‘Interpretive Complexity and the International Humanitarian Law Principle of Proportionality’, Proceedings of the American Society of International Law Annual Meeting 2014 (forthcoming)

Stubbins Bates, Elizabeth, ‘From Assertion to Solid Methodology in Customary International Human Rights Law’, Proceedings of the American Society of International Law Annual Meeting 2009

Case Reports and Short Notes

Stubbins Bates, Elizabeth, ‘Introductory Note to the International Criminal Court Appeals Chamber, Prosecutor v. Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali, 51 International Legal Materials 17 (2012)

Reports and Policy Briefings

Williams, Sarah, Cross, Matthew & Stubbins Bates, Elizabeth, ‘Implementation of International Humanitarian Law and International Human Rights Law in the United Kingdom: Study Commissioned by the European Commission as part of the ATLAS Project’, (ATLAS Project, 2009)

Stubbins, Elizabeth, ‘Occupation, armed conflict and the legal aspects of the relationship between Israel, the West Bank, and the Gaza Strip: A resource for practitioners’ (HPCR Policy Brief, 2008);

Stubbins, Elizabeth, ‘From Legal Theory to Policy Tools: International Humanitarian Law and International Human Rights Law in the Occupied Palestinian Territory’ (HPCR Policy Brief, 2008);

Stubbins, Elizabeth and Bassin, Ari, ‘Civilian Participation in Hostilities’, (HPCR Policy Brief, 2008);

Stubbins, Elizabeth and Lehnardt, Chia, ‘Private Military and Security Companies in the Occupied Palestinian Territories: The International Law Framework’ (HPCR Policy Brief, 2008).

PhD Conferences

‘Law of Warcraft: New Approaches to Generating Respect for the Law’ (moderator), American Society of International Law Annual Meeting and International Law Association Biennial Meeting, 11 April 2014.  

‘Interpretive Complexity and the International Humanitarian Law Principle of Proportionality’, (co-organised panel and wrote fact patterns for discussion) American Society of International Law Annual Meeting and International Law Association Biennial Meeting, 10 April 2014.

‘Training Military Personnel in International Humanitarian Law: What Works to Prevent Atrocities in Armed Conflict’, SOAS School of Law PhD Colloquium, 22 January 2014.

‘Training Troops in International Humanitarian Law: New Thoughts on Compliance Theory’, Society of Legal Scholars (SLS) Annual Meeting, University of Edinburgh, UK, 5 September 2013.

‘Is Dissemination Sufficient to Promote Compliance with International Humanitarian Law?’, Opinio Juris Emerging Voices Symposium, 13 August 2013.

‘Testing the Effectiveness of the British Army’s Training in International Humanitarian Law’, American Society of International Law (ASIL) 2nd Research Forum, Atlanta, Georgia, USA, 20-21 October 2012

Affiliations

American Society of International Law,
British Institute of International and Comparative Law,
European Society of International Law,
International Law Association (Associate Member),
Higher Education Academy (Fellow),
International Society of Military Law and the Laws of War,
Society of Legal Scholars.

Research

  • International Humanitarian Law
  • International Human Rights Law
  • Jurisprudence/International Legal Theory
  • Compliance Theory
  • Empirical Approaches to International Law