Law and the Future of War
Asia-Pacific Institute for Law and Security
Through conversation with experts in technology, law and military affairs, this series explores how new military technology and international law interact. Edited and produced by Dr Lauren Sanders, the podcast is published by the Asia-Pacific Institute for Law and Security. Until July 2024, the podcast was published by the University of Queensland School of Law.
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Top 10 Law and the Future of War Episodes
Goodpods has curated a list of the 10 best Law and the Future of War episodes, ranked by the number of listens and likes each episode have garnered from our listeners. If you are listening to Law and the Future of War for the first time, there's no better place to start than with one of these standout episodes. If you are a fan of the show, vote for your favorite Law and the Future of War episode by adding your comments to the episode page.
Educating the military through wargaming and computer games - Jo Brick
Law and the Future of War
03/23/22 • 34 min
In this episode, Dr Lauren Sanders speaks with Group Captain Jo Brick about the role of wargaming and technology in professional military education, and how computer games can be used to train military professionals in ethics and law.
Spoiler alert: they talk about Chidi from ‘The Good Place’ and the trolly problem, to highlight how the practical application of ethics is critical to creating good military decision makers. They traverse some of the challenges that technology creates in terms of desensitisation to violence, and the moral and ethical problems faced by people who conduct warfare by distance – such as drone operators - and how training and education can bridge that gap.
Group Captain Brick is a Legal Officer in the Royal Australian Air Force and currently the Chief of Staff at the Australian Defence College, Canberra. In addition to multiple operational deployments, she has previously been appointed as the Legal Advisor to the Chief of the Defence Force, and Legal Advisor to the Chief of Air Force, editor of The Strategy Bridge and The Central Blue, and is a Non-Resident Fellow of the Krulak Center, United States Marine Corps.
Further reading:
- ‘Kill the enemy, and don’t forget to buy milk on the way home – preparing for the ethical challenges of remote operations in ‘Forever Wars’, on The Forge
- Remote Warfare and the Erosion of the Military Profession | Joint Air Power Competence Centre (japcc.org)
- Reaper Force – Inside Britain’s Drone Wars, Peter Lee (Allen & Unwin, 2019)
- #BruteCast podcast: Military Ethics and Wargaming, Krulak Center for Innovation & Future Warfare
The Law of Armed Conflict and New Technology - Rain Liivoja
Law and the Future of War
10/23/20 • 31 min
In this episode, Dr Simon McKenzie talks with Associate Professor Rain Liivoja on how the law of armed conflict deals with new technology. The conversation includes an overview of how international law regulates war and the role of pragmatism in the development of this law. They discuss some of the key points in the history of the law of armed conflict and some contemporary challenges, including autonomy in weapons, human enhancement and cyber operations.
Rain Liivoja is an Associate Professor at the University of Queensland Law School, where he leads the Law and the Future of War research group. Rain also holds the title of Adjunct Professor of International Law at the University of Helsinki, where he is affiliated with the Erik Castrén Institute of International Law and Human Rights.
Links to further reading:
- Rain Liivoja, 'Technological change and the evolution of the law of war' (2016) 97 International Review of the Red Cross 900, 1157-1177.
- Martin van Creveld, Technology and War: From 2000 B.C. to the Present (1991, Touchstone).
- Max Boot, War Made New: Weapons, Warriors and the Making of the Modern World (2007, Penguin Putnam Inc).
Operational, Political and Legal Implications of AUKUS - David Nicholls, Matt McDonald and Monique Cormier
Law and the Future of War
10/13/21 • 54 min
In this live recording of an event, Rain Liivoja talks with David Nicholls, Matt McDonald and Monique Cormier about the new AUKUS arrangement, under which Australia would acquire 8 nuclear-powered submarines with US and UK technology. They discuss the extent to which it represents a major shift in Australia's defence policy, and what we can make of some of the claims made about it.
David Nicholls is the Executive Director of the Submarine Institute of Australia. A former submarine commander in the Royal Australian Navy, he now works as a defence industry consultant.
Dr Matt McDonald is an Associate Professor in The University of Queensland's School of Political Science and International Studies. His research focuses on critical theoretical approaches to security and their application to issues such as Australian foreign and security policy, and Asia-Pacific security dynamics.
Dr Monique Cormier is a Senior Lecturer in the University of New England's School of Law. Her research covers international criminal law, and legal issues relating to nuclear disarmament and extended nuclear deterrence.
The Banning of Hostile Environmental Modification in the ENMOD Convention - Emily Crawford
Law and the Future of War
03/31/21 • 25 min
In this episode, Dr Simon McKenzie talks with Associate Professor Emily Crawford about the Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques – known as the ENMOD Convention. This Convention – adopted by the UN General Assembly in 1976 and ratified by 78 States – prohibits weaponising the natural environment against other State parties.
However, the technology it regulates – the artificial creation of natural phenomena like earthquakes, cyclones, or tsunamis for hostile purposes – has never been developed or used. This technology is like something out of science fiction. This episode examines how this striking Convention came to be, what the drafters thought it might cover, and why they thought it was a useful new treaty for the law of war.
Emily Crawford is an Associate Professor at the University of Sydney Law School, where she teaches and researches in international law, international humanitarian law and international criminal law. She has published widely in the field of international humanitarian law, including two monographs (The Treatment of Combatants and Insurgents under the Law of Armed Conflict (OUP 2010) and Identifying the Enemy: Civilian Participation in Hostilities (OUP 2015)) and a textbook (International Humanitarian Law (with Alison Pert, 2nd edition, CUP 2020)), and is currently working on her third monograph, on the impact of non-binding instruments in international humanitarian law. She is an associate of the Sydney Centre for International Law at the University of Sydney, and a co-editor of the Journal of International Humanitarian Studies.
Further reading:
- Emily Crawford, 'Accounting for the ENMOD Convention: Cold War Influences on the Origins and Development of the 1976 Convention on Environmental Modification Techniques' in M. Craven, S. Pahuja, & G. Simpson (Eds.), International Law and the Cold War (2019, Cambridge University Press), 81-97.
- James Fleming, Fixing the Sky: The Checkered History of Weather and Climate Control (2010, Columbia University Press).
Metaphors and cyberspace - Julia Slupska
Law and the Future of War
03/17/21 • 42 min
In this episode, Dr Simon McKenzie talks with Julia Sluspka about how the metaphors we use to understand cyberspace impact on how we imagine it should be regulated. They discuss the ways in which the conceptualisation of cyberspace is contested. Is it like spatial territory? Are states engaged in cyber war? Or is it like an ecosystem, or infrastructure? The metaphor we adopt frames the problems we see and the solutions we arrive at.
Julia Slupska is a doctoral student at the Centre for Doctoral Training in Cybersecurity and the Oxford Internet Institute. Her research focuses on technologically-mediated abuse like image-based sexual abuse ('revenge porn') and stalking, as well as emotion, care and metaphors in cybersecurity.
Further reading
- Julia Slupska, 'War, Health and Ecosystem: Generative Metaphors in Cybersecurity Governance', Philosophy & Technology (2020).
- Julia Slupska, 'Safe at Home: Towards a Feminist Critique of Cybersecurity' in Whose Security is Cybersecurity? Authority, Responsibility and Power in Cyberspace (St. Anthony's International Review 2019 no. 15)
- George Lakoff & Mark Johnson, Metaphors We Live By (1980, University of Chicago Press).
- Dominik Lukeš, 'Hacking a metaphor in five steps', Metaphor Hacker (July 18 2010).
- Florian Eggloff, 'Cybersecurity and the Age of Privateering: A Historical Analogy', Cyber Studies Working Paper No. 1 (March 2015, University of Oxford)
- Donald Schön 'Generative metaphor: A perspective on problem-setting in social policy' in Ortony, A. (Ed.) Metaphor and Thought (1993, 2nd ed, Cambridge University Press).
- Mariarosaria Taddeo, 'On the Risks of Relying on Analogies to Understand Cyber Conflicts' (2016) 26 Minds and Machines 317-321.
- Cynthia Enloe, Bananas, Beaches and Bases: Making Feminist Sense of International Politics (2nd ed., 2014, University of California Press).
- Karen Levy and Bruce Schneier, 'Privacy threats in intimate relationships' 6(1) Journal of Cybersecurity (2020).
- Cornell Tech Univerisity Project on Computer Security and Privacy for Survivors of Intimate Partner Violence
- Katherine Miller, James Shires, Tatiana Tropina, Gender Approaches to Cybersecurity(2021, UNIDIR)
Theaters of War - Sebastian Kaempf
Law and the Future of War
12/14/22 • 39 min
This is the first episode in our special series on entertainment and the law of war.
In this episode, Dr Sebastian Kaempf, a Senior Lecturer in Peace and Conflict Studies, joins Dr Lauren Sanders to discuss. his documentary: and the documents he's uncovered from the US CIA and military Entertainment Liaison Offices as part of this project.
Dr Sebastian Kaempf is a Senior Lecturer in Peace and Conflict Studies at the School of Political Science and International Studies, at the University of Queensland. Sebastian received his PhD at Aberystwyth University in the UK, at the Department of International Politics. He also holds a BSc and MSc (Econ) in International Relations from the London School of Economics and Political Science. Among his awards is the ISA Deborah Gerner Award for Teaching Innovation in 2020. His work at UQ includes producing and convening 'MediaWarX', one of UQ's Massive Open Online Courses.
Sebastian also hosts a podcast with his colleague Associate Professor Al Stark, where they interview some of the best teachers about their practical advice on engaging university students in the classroom. You can listen to 'Higher Ed Heroes' here on Buzzsprout.
Additional Resources:
- ‘Theaters of War: How the Pentagon and CIA took Hollywood’ is a feature-length film documentary, produced and directed by Roger Stahl, Tom Secker, Matthew Alford and Sebastian Kaempf, funded and released through the Media Education Foundation in May 2022.
- Tom Secker and Matthew Alford, ‘New Evidence for the Surprisingly Significant Propaganda Role of the Central Intelligence Agency and Department of Defense in the Screen Entertainment Industry’ (2019) 45(3) Critical Sociology 347.
- Tom Secker and Matthew Alford, ‘Why are the Pentagon and the CIA in Hollywood?’ (2017) 76(2) The American Journal of Economics and Sociology 381.
- James Der Derian, Virtuous War: Mapping the Military-industrial-media-entertainment Network (Routledge, 2nd ed, 2009)
Contemporary International Criminal Law Issues - Guilty pleas and the ICC: Charles Adeogun-Phillips
Law and the Future of War
10/04/23 • 28 min
In this interview, we are speaking with Dr Charles Adeogun-Phillips about the history of guilty pleas in international criminal law, as an author of a chapter on the same topic, as part of the edited works, Contemporary International Criminal Law Issues - Contributions in Pursuit of Accountability for Africa and the World. The challenges associated with the running of international criminal trials are extensive, and establishing a process for plea bargaining, to satisfactorily address some of the legal challenges associated with atrocity crimes, is an even more delicate one.
Today we are talking with Dr Adeogun-Phillips about how this process has evolved over the course of the ad hoc tribunals, and what plea bargaining means in terms of accountability for international criminal offences.
Dr Charles A. Adeogun-Phillips is an accomplished international lawyer and former lead international prosecutor. He founded the cross-border law firm of Charles Anthony LLP, following a distinguished legal career at the UN, wherein he successfully led teams of international prosecutors in 12 precedent-setting genocide trials before the United Nations International Criminal Tribunal for Rwanda, making him arguably one of the most experienced and successful genocide prosecutors in history. In 2021, he was called to the Bar of England and Wales as a transferring Solicitor, by the Honourable Society of Lincoln’s Inn, and practises as a Barrister from the prestigious Guernica 37 (International Justice) Chambers in London and The Hague. In 2022, he was awarded the degree of Doctor of Laws (honoris causa) by his alma mater, Warwick University, in recognition of his outstanding contribution to the development of international criminal law. He contributed to the book International Criminal Investigations, Law, and Practice—“The Challenges of International Investigations and Prosecutions: Perspectives of a Prosecutor” published by Eleven International, The Hague in 2018. He is the focal point for Nigeria at the ICC Bar Association.
Forecasting military technology and strategic challenges - Michael O'Hanlon
Law and the Future of War
06/09/21 • 36 min
In this episode, Dr Simon McKenzie talks with Michael O'Hanlon about forecasting what the future of military technology holds, and the conflicts should we be planning for or trying to avoid. The speed of technological development and digital transformation makes this job harder than ever. They discuss how he thinks out what the future holds – both technologically and strategically – over the next 20 years and how to prepare for it.
Michael O'Hanlon is a senior fellow and director of research in Foreign Policy at the Brookings Institution. He specializes in U.S. defense strategy, the use of military force, and American national security policy. He has several academic appointments, advisory positions and has written extensively on military technology, future conflicts, and the role of American power in the world.
Further reading:
- Michael E. O'Hanlon, Defense 101: Understanding the Military of Today and Tomorrow (2021)
- Michael E. O'Hanlon, The Art of War in an Age of Peace: U.S. Grand Strategy and Resolute Restraint (2021)
- Michael E. O'Hanlon, The Senkaku Paradox: Risking Great Power War Over Small Stakes (2019)
- Michael E. O'Hanlon, The Future of Land Warfare (2015)
- Michael E. O'Hanlon, Technological Change and the Future of Warfare(2000)
- The books of P. W. Singer
- Bruce G. Blair, The End of Nuclear Warfighting: Moving to a Deterrence-Only Posture (2018)
- Bruce G. Blair, The Logic of Accidental Nuclear War(1993)
- James Stavridis & Elliot Ackerman, 2034: A Novel of the Next World War (2021)
- Stephen Rosen, Winning the Next War: Innovation and the Modern Military (1994)
BarbieHeimer - what the meme (and pop culture) teaches us about nuclear politics: Emily Faux
Law and the Future of War
08/09/23 • 47 min
Today we continue our ‘BarbieHeimer’ (or Barbenheimer) series, and are talking today about the meme itself. Is it appropriate to mash these two films together? Is this frivolity making light of the serious impacts of nuclear weapons and the need for a refocus on non-proliferation and disarmament efforts? We speak with a scholar of Visual Politics and Visual Research Methods – Emily Faux - whose doctoral studies focus on what pop culture can tell us about nuclear weapons.
Emily is a PhD candidate at Newcastle University, UK. Her thesis investigates nuclear weapons and war through popular film, television, and video game. She is interested in the contemporary story and popular imagination of nuclear weapons and war, as it exists in the current geopolitical climate. Emily teaches at the University of Leeds and is a member of the FemNukes network, a contributor for HighlyNRiched and has completed both the EU's Young Women in Non-Proliferation and Disarmament mentorship scheme and the University of California's Public Policy and Nuclear Threats course.Edited by Rosie Cavdarski.
Additional resources:
- Emily Faux: What Barbie can teach us about nuclear weapons, The Bulletin of Atomic Scientists, 3 August 2023
- Emily Faux: The Untold Stories Behind “Oppenheimer” , InkStick, 18 Jul 2023
- Nukespeak: the Media and the Bomb, edited by Crispin Aubrey
- John Mecklin, An extended interview with Christopher Nolan, director of Oppenheimer, 17 July 2023, Bulletin of the Atomic Scientists
- Jenny Johnston, Filmmaker on a Mission, 16 August 2020, N Square.
Open Source Intelligence (OSINT) and Ukraine - Benjamin Strick
Law and the Future of War
11/02/22 • 55 min
This is the fourth episode in our series about accountability in Ukraine. This episode focuses on the collection and collation of information (and potential evidence) using open-source intelligence. As you will hear, OSINT has played a key role in the development of the Russian invasion of Ukraine and in the monitoring of conflict in Myanmar. Today we are speaking with a world expert in the skills required of open source intelligence collection – Benjamin Strick.
Benjamin is a digital investigator with a background in law, military and technology, specialising in open source intelligence (OSINT), investigations, influence operations, data and maps. He is known for his contributions to multiple streams of human rights abuse investigations; and accountability projects using his online investigation skills, as well as for generating discussion and sharing those skills to democratise OSINT analysis.
Ben is the Director of Investigations for both the Centre for Information Resilience and the Myanmar Witness Project. He was previously an open source investigator with BBC Africa Eye, is a Bellingcat contributor and a co-founder of Ocelli Project. In 2021 he was awarded Open Source Intelligence Champion of the Year for his investment, commitment and contribution to the field.
To learn more about OSINT and how it works, check out Ben's YouTube channel where he posts free digital research tutorials. You can also learn more about Ben and his work by visiting his website or following him on Twitter. See also the OSINT Combine Academy.
To see the Russia-Ukraine Monitor Map, see:
https://maphub.net/Cen4infoRes/russian-ukraine-monitor
To check if your passwords have been hacked and are online, see: https://haveibeenpwned.com/
OSINT Volunteer projects:
National Child Protection Task Force
Europol Stop Child Abuse - Trace an Object
Episode edited by Rosie Carvdarski.
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FAQ
How many episodes does Law and the Future of War have?
Law and the Future of War currently has 89 episodes available.
What topics does Law and the Future of War cover?
The podcast is about Podcasts, Technology, National Security and Government.
What is the most popular episode on Law and the Future of War?
The episode title 'Open Source Intelligence (OSINT) and Ukraine - Benjamin Strick' is the most popular.
What is the average episode length on Law and the Future of War?
The average episode length on Law and the Future of War is 41 minutes.
How often are episodes of Law and the Future of War released?
Episodes of Law and the Future of War are typically released every 14 days.
When was the first episode of Law and the Future of War?
The first episode of Law and the Future of War was released on Oct 23, 2020.
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