This interview has been published by Namrata Singh and The SuperLawyer Team
Your career has spanned almost 15 years before the international courts, with significant cases including the destruction of cultural heritage. Can you share what initially inspired you to pursue a career in international law and what has kept you motivated throughout?
Living in New Zealand as a teenager in the 1990s, I saw the tragedies in Bosnia and Rwanda and wanted to do something about it. As I learned about the international criminal courts, I realised that was a means of taking action against the perpetrators of the worst crimes, including in those countries. Eventually I secured a position prosecuting international cases before those courts. My motivation was fueled by a sense of injustice and then later from meetings with victims who explained the impact these crimes had on their lives. Working with people from all over the world was also an inspiration. From Italy to India and everywhere in-between, you end up on teams with a huge range of backgrounds and legal traditions, which generates creative ideas as well as the odd procedural dispute. The international criminal courts face many challenges and the work can be frustrating. But ultimately there is no question that justice needs to be done for these atrocity crimes and that’s a major motivation.
As the Chair Rapporteur of the United Nations Working Group on Arbitrary Detention, what new dimensions or insights have you gained in the field of human rights and international law that were perhaps less visible in your earlier career?
As the Chair-Rapporteur, I see the organisational aspects of improving human rights practices. One of the key insights has been the importance of clear and open communication. A lot of problems can be avoided with regular and frank exchanges of information and communication helps to focus on the most serious issues which are directly affecting the victims. Closely linked to this is the need for inter-personal skills and empathy. When you are dealing with cases of persons arbitrarily detained for months and sometimes years, often in countries where they have no family, you have to picture the world from their perspective in order to understand the gravity of the threats and uncertainty they are facing.
Your work has involved prosecuting cases related to environmental harm at the International Criminal Court. How do you see the relationship between international criminal law and environmental protection evolving, and what key lessons have you learned from these cases?
When I started writing about the International Criminal Court prosecuting environmental harm, it was just a theoretical idea. However, in 2024, prosecuting environmental harm under international law is becoming a reality. Significantly, three small island States (Vanuatu, Samoa, Fiji) have officially tabled the crime of genocide for inclusion at the ICC as the fifth crime along with war crimes, crimes against humanity, genocide, and aggression. This year has also seen the Office of the Prosecutor initiate a policy on the prosecution of environmental harm. International law is useful to combat threats to the environment, as it typically focuses on large-scale crimes committed by groups of people. However, there are many challenges in transposing international criminal law to the environmental context. The courts are not ecological research centers, and so there will be a lot of lessons to learn. My main observation is that experts from sciences should be brought in to avoid the law being applied on incorrect foundations. I also propose that the definition of ecocide needs to be carefully formulated to ensure that it is clear as to what is covered (and what is not) and that it provides fair notice to people and organisations as to what conduct is included.
In your opinion, how can international law be better utilized to combat rising global challenges such as climate change, digital privacy violations, and arbitrary detention, while ensuring justice for marginalized communities?
International law requires enforcement. For that to occur, international courts must be strengthened. In particular, States such as the USA, Russia, China and India should join the International Criminal Court. Bodies such as the United Nations Human Rights Special Procedures should be strongly reinforced, with sufficient resources and binding powers to improve human rights adherence.
As someone who has published widely and won prestigious academic awards, what advice would you give to young legal scholars who want to balance research, writing, and a practical legal career?
For young lawyers and legal scholars, I highly recommend taking the time to research and write about legal issues that interest you. It’s one thing to work on a legal case but another to write about the broader context and the meaning of the laws and principles involved. If there are issues which strike your sense of justice or injustice, then there is likely to a scholarly question to examine. Balancing professional work and scholarship can be difficult, but the two facets reinforce each other. And it’s important to pass on what you learn to future generations of lawyers and human rights advocates.
For young professionals and students in international law, what would you say are the most crucial skills and knowledge they should develop, considering the evolving landscape of global justice, human rights, and environmental protection?
Young lawyers and students need to learn the fundamentals, such as the essential fair trial rights, while also developing an awareness of the emerging digital tools which can help them in their work. In terms of skills, good writing is critical. Take the time to follow a course on writing proficiency, as it is such a central skill in most roles. More importantly, clear writing reflects clear thinking, which is required more than ever at this time of crisis around many parts of the World.
You have contributed extensively to scholarly literature, what are the key gaps in international law research that you believe need to be addressed by future legal scholars?
Gaps in the literature on international law and human rights exist in relation to the procedures that ensure accurate fact-finding and in relation to measuring the impact of human rights work. All too often, it’s presumed that well-expressed and benignly motivated human rights conclusions will flow into enhanced human rights adherence by governments. However, that is a contestable claim, and more attention needs to be paid to measuring the impact of human rights work.
As a Senior Lecturer at the University of Essex, how do you integrate your extensive practical experience in international law into your teaching, and what key lessons do you hope to impart to your students about the future of global justice?
My teaching at the University of Essex is highly interactive. I encourage my students to extemporize and to be prepared to support their claims with arguments and evidence. I also encourage them to develop the ability to entertain a contrary position in order to fully explore its strengths and weaknesses. Getting on the feet to present an argument animates the students and engages their uptake of the information that I’m trying to convey. Finally, I try to remind students that there are real people at the ends of the procedures, often languishing in detention, and so working efficiently and expeditiously is critical.
Looking ahead, how do you foresee the role of international law in addressing global challenges like artificial intelligence and cyber warfare, both of which have the potential to drastically alter traditional notions of conflict and justice?
We don’t need to look too far ahead to realise that cyber warfare and AI can revolutionalise major areas of human activity. Already, we have seen cyber strikes used in various conflicts, and increasingly it is being integrated into conventional warfare. AI can add digital steroids to human online activity. The potential benefits and efficiency gains are immense. But the risks of misuse, whether advertent or inadvertent, are real and pressing. Efforts are being made to have international law address AI. But a lot of work will be required to create any form of international law that can enforce restrictions on the misuse of AI – and the axiomatic importance of protecting free expression and liberty must always be borne in mind.
With such a demanding career in international law and human rights, how do you find time to unwind, and what hobbies or activities help you maintain balance in your personal and professional life?
Keeping a balance between work and home life is important, especially when working on grave matters like atrocity crimes. My family keeps me grounded, and I enjoy sitting down with them to hear about their school and work days. Whereas I used to play a variety of sports, most of my activities now revolve around the family. But I still make time to watch the New Zealand All Blacks rugby team play whenever I can.
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