Josh Pallas
The University of Sydney, Sydney Law School, Graduate Student
- International Criminal Law, International Humanitarian Law, International Criminal Court, Public International Law, Human Rights Law, Jurisprudence, and 32 morePhilosophy Of Law, Legal Theory, Critical Legal Studies, Gender and the Law, Law and Sexuality, Feminist legal theory, Political Philosophy, Critical Theory, Political Theory, Feminist International Relations, Feminist Theory, International Relations Theory, International Relations, Critical International Relations Theory, Gender and Sexuality, Queer Theory, United Nations, Model United Nations, International Security, Terrorism, Political Violence and Terrorism, Violence, Sexual Violence, Gender And Violence, Law and Emotions, Law and Emotion, Critical Approaches to International Criminal Law, Criminal Law, Criminal Justice, Criminal Law Criminal Procedure Law, Criminal Law Theory, and Criminal Procedureedit
- In 2021, I commenced a PhD at the University of Sydney in criminal law and legal theory concerning the proliferation ... moreIn 2021, I commenced a PhD at the University of Sydney in criminal law and legal theory concerning the proliferation of preventive justice measures at the margins of NSW's criminal law.
Between 2017-2021, I worked in legal practice, primarily in the areas of criminal and public law. I was formerly a Solicitor and Senior Solicitor in the Criminal Law and Inquiries Division and the NSW Crown Solicitor's Office, a Solicitor at Levitt Robinson, and Tipstaff to the Hon. Justice Megan Latham (retired).
Outside of work, I have been a Committee Member of the NSW Council for Civil Liberties since 2017. I was a Vice President between 2017 and 2019, and in October 2018, I represented the Council at the United Nations Human Rights Council in Geneva.
I have taught and researched in law, politics and philosophy at the University of Wollongong. I attained a Master of Laws (Criminal Justice and Criminology and International Law) from the University of New South Wales and a Bachelor of Arts (Hons 1) and Bachelor of Laws (Hons 1) from the University of Wollongong.edit
This chapter begins to map the silences of emotions from international criminal law scholarship. It then presents a case study of emotions analysis using Judge Odio Benito's dissent in the Lubanga case as a case study. The chapter... more
This chapter begins to map the silences of emotions from international criminal law scholarship. It then presents a case study of emotions analysis using Judge Odio Benito's dissent in the Lubanga case as a case study. The chapter endeavours to demonstrate that the consideration of the interplay between emotions and law is essential to understanding international criminal in its wider socio-cultural and political context.
Research Interests:
Since 2020, the Terrorism (High-Risk Offenders) Act 2017 (NSW) (THRO Act) has increasingly become a frontier for contestation about the implied freedom of political communication and the maintenance of community safety. In closely... more
Since 2020, the Terrorism (High-Risk Offenders) Act 2017 (NSW)
(THRO Act) has increasingly become a frontier for contestation
about the implied freedom of political communication and the
maintenance of community safety. In closely considering two
recent decisions, State of New South Wales v Cheema
(Preliminary) [2020] NSWSC 876 and Cheema v State of New
South Wales [2020] NSWCA 190, this article analyses the courts’
use of a deeming provision to prove that an offender has
advocated support for a terrorist act or violent extremism. I
argue that these decisions have significant implications for the
rights of offenders convicted of indictable offences and
journalists who seek to engage in political communication. I
further argue contrary to the reasoning in the decisions, that the
THRO Act has the real capacity to burden the implied freedom
of political communication in extending the State’s powers to
subject individuals to supervision and detention after expiry of
their sentences in a way that is disproportionate to the end of
maintaining community safety. In doing so, I seek to draw
attention to the THRO Act’s extraordinary ambit in a call for
wider scholarly attention as provisions such as that under
examination are increasingly frequently invoked.
(THRO Act) has increasingly become a frontier for contestation
about the implied freedom of political communication and the
maintenance of community safety. In closely considering two
recent decisions, State of New South Wales v Cheema
(Preliminary) [2020] NSWSC 876 and Cheema v State of New
South Wales [2020] NSWCA 190, this article analyses the courts’
use of a deeming provision to prove that an offender has
advocated support for a terrorist act or violent extremism. I
argue that these decisions have significant implications for the
rights of offenders convicted of indictable offences and
journalists who seek to engage in political communication. I
further argue contrary to the reasoning in the decisions, that the
THRO Act has the real capacity to burden the implied freedom
of political communication in extending the State’s powers to
subject individuals to supervision and detention after expiry of
their sentences in a way that is disproportionate to the end of
maintaining community safety. In doing so, I seek to draw
attention to the THRO Act’s extraordinary ambit in a call for
wider scholarly attention as provisions such as that under
examination are increasingly frequently invoked.
Research Interests:
I argue that the activation of the Court’s jurisdiction to prosecute the crime of aggression presents an important and timely opportunity for jus contra bellum. The extension of criminal liability to leaders personally for the crime of... more
I argue that the activation of the Court’s jurisdiction to prosecute the crime of aggression presents an important and timely opportunity for jus contra bellum. The extension of criminal liability to leaders personally for the crime of aggression bolsters the general prohibition on the use of force between states under Article 2(4) of the Charter of the United Nations, 8 as there is now a mechanism to punish individuals who unlawfully use force. For the ICC, the activation of the jurisdiction to hear crimes of aggression gives the Court a full repertoire of crimes to prosecute. However, this opportunity is also subject to the significant challenge that is faced by the Security Council: state sovereignty and self-interest. Nevertheless, the activation of the Court’s jurisdiction itself presents a glimmer of hope in an increasingly hostile world order, that the international community remains committed to both the development of jus contra bellum and ensuring that there is no impunity for the crime of aggression, both of which strengthen the norm against the unlawful use of aggression as a tool of foreign policy.
Research Interests:
In Zaburoni v R (Zaburoni), the High Court of Australia considered the distinction between intent and recklessness in relation to the offences of unlawfully transmitting a serious disease to another with intent to do so and unlawfully... more
In Zaburoni v R (Zaburoni), the High Court of Australia considered the distinction between intent and recklessness in relation to the offences of unlawfully transmitting a serious disease to another with intent to do so and unlawfully doing grievous bodily harm to another.
Research Interests:
This paper demonstrates that the purposeful subject design incorporating a Model United Nations (MUN) facilitated deep learning and professional skills attainment in the field of International Relations. Deep learning was promoted in... more
This paper demonstrates that the purposeful subject design incorporating a Model United Nations (MUN) facilitated deep learning and professional skills attainment in the field of International Relations. Deep learning was promoted in subject design by linking learning objectives to Anderson and Krathwohl's (2001) four levels of knowledge or cognition: factual, conceptual, procedural and metacognitive. Students demonstrated improvement in all four areas, however, this article focuses on outcomes in the conceptual and metacognitive realms as these were where students showed the most growth. In the conceptual realm, the subject aimed to increase students' capacity to apply international relations theories. Student tended to utilize the traditional theories of realism and liberalism, however, their explanations and applications of these theories showed deep learning. In the metacognitive realm, students were able to analyse their own negotiation styles and explain how it influenced their approach to the Model UN, thus demonstrating strong professional skills development and metacognitive growth. Learning was enhanced by the use of open access online subject materials and online communications. The subject was designed and run in a context where simulations in teaching politics and international relations are not common.
Research Interests:
This short article is a reflection on queer politics, globally and in Australia, in light of the release of Dennis Altman and Jonathan Symonds book 'Queer Wars'. Available here:... more
This short article is a reflection on queer politics, globally and in Australia, in light of the release of Dennis Altman and Jonathan Symonds book 'Queer Wars'. Available here: https://www.altlj.org/news-and-views/the-last-word/1100-queer-politics-in-queer-times-queer-wars
Research Interests:
This paper will evaluate the status of the Rome Statute and International Criminal Court for prosecuting sexual violence, particularly rape. It will become evident that there is a disjuncture between the very progressive Rome Statute and... more
This paper will evaluate the status of the Rome Statute and International Criminal Court for prosecuting sexual violence, particularly rape. It will become evident that there is a disjuncture between the very progressive Rome Statute and the outcomes of the first two successful prosecutions of the Court which failed at providing gender justice. In Prosecutor v Lubanga, the prosecutor failed to charge crimes of sexual violence, yet proceeded to call evidence to this effect through trial. He was strongly rebuked by the judges for doing so. In Prosecutor v Katanga, the Prosecutor laid charges of rape inter alia. Katanga was acquitted of these charges because the Prosecutor failed to call evidence which could prove an effective chain of command. The paper will draw on Julia Quilter’s analysis and explanation of a similar dissonance between law and practice in New South Wales, with particular reference to the concepts of the rape schema and iterability, habitus and field. Gender justice is failing at the ICC because of an internalized rape schema within the prosecutorial practice which inter alia perpetuates the myth that crimes of sexual violence are of a lesser importance than others. Notwithstanding the poor current outcomes for gender justice in the ICC, there are strong indications that this is changing and that the practice will soon reflect the progressiveness of the Rome Statute.
Research Interests: Comparative Law, International Relations, International Law, International Criminal Law, Sexual Violence, and 10 moreCritical Legal Theory, Legal Theory, International Criminal Court, Public International Law, War Crimes, Crimes Against Humanity, International Criminal Justice, Sexual and Gender-Based Violence, Rape as a Weapon of War, and Critical Approaches to International Criminal Law
With an increase in the incidence of sexual violence in armed conflict, there has also been increased academic scrutiny over the way that the (primarily female) body can be objectified and manipulated as a space to convey meaning in times... more
With an increase in the incidence of sexual violence in armed conflict, there has also been increased academic scrutiny over the way that the (primarily female) body can be objectified and manipulated as a space to convey meaning in times of war. There are currently three dominant ways of understanding the role of sexual violence in armed conflict, and the differing meanings that perpetrators attempt to inscribe upon bodies through their heinous acts. This paper will provide an account of the three dominant theories which seek to understand the rationale for the use of sexual violence within armed conflict: essentialism, structuralism and social constructivism. Examples will be drawn from cases in international criminal law, to demonstrate the way that bodies have, at different times, become a site and tool for conveying messages regarding gender, culture or power within particular conflicts. Accordingly, this paper will demonstrate how the body itself can become a space which is objectified and manipulated as another tool of war.
Research Interests:
In light of the Trump election, this brief piece argues for a rethinking of the role of emotions in law and politics.
Research Interests:
This paper briefly describes the role of civil society in UN environmental conferences. It charts the development over the Stockholm, Rio and UNFCCC COPs.
Research Interests:
This paper is a brief introduction to international relations theory. It is targeted towards introductory undergraduate students. The paper covers realist, liberal institutionalist, social constructivist, neo-Marxist/neo-Gramscian,... more
This paper is a brief introduction to international relations theory. It is targeted towards introductory undergraduate students. The paper covers realist, liberal institutionalist, social constructivist, neo-Marxist/neo-Gramscian, postcolonial and feminist international relations theory. The paper was created for our teaching in INTS201: Model United Nations at the University of Wollongong. It is published open access on the course website.
Suggested citation:
Engel, S. & Pallas, J. ‘International relations theory and the UN: A short primer’, (2015) The United Nations System Today: Linking with International Relations Theory, http://wikieducator.org/images/8/89/Engel_Pallas_International_Relations_Theories_2015.pdf
Suggested citation:
Engel, S. & Pallas, J. ‘International relations theory and the UN: A short primer’, (2015) The United Nations System Today: Linking with International Relations Theory, http://wikieducator.org/images/8/89/Engel_Pallas_International_Relations_Theories_2015.pdf
Research Interests:
Australia condemns discrimination on the basis of a person’s sexuality both at home and abroad. Victims of sexuality-based violence are increasingly finding themselves on our doorstep, but escaping discrimination in Australia is not... more
Australia condemns discrimination on the basis of a person’s sexuality both at home and abroad. Victims of sexuality-based violence are increasingly finding themselves on our doorstep, but escaping discrimination in Australia is not necessarily possible for refugees.
Research Interests: Queer Studies, Refugee Studies, GLBT Studies, Asylum Law, Migration Law, and 14 moreGender and Sexuality, Gay And Lesbian Studies, LGBT Issues, Migration Studies, Homophobia, Gender and Sexuality Studies, Australian Politics, International Refugee Law, Bangladesh, Asylum seekers, Refugees, LGBT Studies, Refugees and Forced Migration Studies, and Lesbian Gay Bisexual Transgender Studies
A brief analysis of the ICC Pre-Trial Chamber controversial decision to authorise an investigation into crimes committed in Georgia. I also explain the Court's divergences of opinion on Article 15 obligations, and the process that the... more
A brief analysis of the ICC Pre-Trial Chamber controversial decision to authorise an investigation into crimes committed in Georgia. I also explain the Court's divergences of opinion on Article 15 obligations, and the process that the Court should follow in authorising a proprio motu investigation.
Research Interests:
This short paper outlines Frantz Fanon's approach to theorising revolution. Fanon's theory is informed by his personal experience as a psychiatrist who treated revolutionaries in Algeria. Fanon also joined the revolution himself which... more
This short paper outlines Frantz Fanon's approach to theorising revolution. Fanon's theory is informed by his personal experience as a psychiatrist who treated revolutionaries in Algeria. Fanon also joined the revolution himself which assisted in his understanding of the way it operated. This paper will outline his tiered approach which saw revolution as having positive and negative aspects. Revolution can be politically constructive and is necessary for colonial subjects to reclaim their sense of self. However, revolutions must not become driven by gratuitous violence and should have clear aims and objectives. Thus there are both benefits and pitfalls to political revolutions in Fanon's eyes.
Research Interests:
In this short paper I outline Frantz Fanon's theory of violence and how it the perpetrator. I consider the positive potentiality of violence and also the detrimental effects. Fanon is not an advocate of gratuitous violence and strongly... more
In this short paper I outline Frantz Fanon's theory of violence and how it the perpetrator. I consider the positive potentiality of violence and also the detrimental effects. Fanon is not an advocate of gratuitous violence and strongly warns of its pitfalls. However, he also understands the potential that violence has in assisting people in reclaiming their sense of self.
Research Interests:
This short paper provides a brief biography of Frantz Fanon. Fanon's work is heavily influenced by his lived experience. He grew up in Martinique, a French Colony. He then studied psychiatry in France, before practising psychiatry in... more
This short paper provides a brief biography of Frantz Fanon. Fanon's work is heavily influenced by his lived experience. He grew up in Martinique, a French Colony. He then studied psychiatry in France, before practising psychiatry in Algeria. Later in life, Fanon also joined the Algerian revolution himself. This paper outlines how Fanon's experiences informed his political theory about the affects of violence on perpetrators and political revolution.
Research Interests:
This post explores the current data and issues regarding displacement of persons because of climate change.
Research Interests:
The Abbott government has today confirmed it will take a target to Paris, which would see emissions reductions of 26 to 28% on 2005 levels post 2020,. However, other states, business, courts, key world leaders and civil society actors are... more
The Abbott government has today confirmed it will take a target to Paris, which would see emissions reductions of 26 to 28% on 2005 levels post 2020,. However, other states, business, courts, key world leaders and civil society actors are placing increasing pressure on Australia to deliver on further action in the lead up to the Paris COP for the UNFCCC.
Research Interests:
The Sudanese presidents escape from South Africa is a blow to the International Criminal Court. The missed opportunity to arrest al-Bashir does not sound the death knell for the ICC, but it calls into question the role of the sovereign... more
The Sudanese presidents escape from South Africa is a blow to the International Criminal Court. The missed opportunity to arrest al-Bashir does not sound the death knell for the ICC, but it calls into question the role of the sovereign state within this sordid affair.
Research Interests:
This paper will outline and explain the recent approach of the Australian Courts in determining LGBTIQ asylum applications. Presently, these applications are being met with disbelief from the Courts. To understand how these decisions are... more
This paper will outline and explain the recent approach of the Australian Courts in determining LGBTIQ asylum applications. Presently, these applications are being met with disbelief from the Courts. To understand how these decisions are currently being made, Josh’s paper will first situate the current decisions within the wider legal context around LGBTIQ Asylum Seekers and their treatment under the Australian law.
He will then focus on a few cases over the 2015-2016 period to demonstrate the prevailing approach of the Courts. Josh will then conclude with some thoughts on why this current approach is unacceptable through a queer theoretical lens.
He will then focus on a few cases over the 2015-2016 period to demonstrate the prevailing approach of the Courts. Josh will then conclude with some thoughts on why this current approach is unacceptable through a queer theoretical lens.
Research Interests:
This paper will outline the prevailing approaches to queer refugees from the UK and Australia. It will first explain the discretion test and then run through some cases in the post discretion period. I will finally explain the... more
This paper will outline the prevailing approaches to queer refugees from the UK and Australia. It will first explain the discretion test and then run through some cases in the post discretion period. I will finally explain the implications of these decisions using the frames of ventriloquism and epistemic violence. As I was not able to attend in person, I presented through a pre prepared video.
Research Interests:
I review Queer Wars by Dennis Altman and Jonathan Symonds for the Australian Journal of International Affairs.