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13 Melb. J. Int'l L. i (2012)

handle is hein.journals/meljil13 and id is 1 raw text is: FOREWORD

2011 presented many remarkable opportunities for reflecting upon, refining
and developing the principles of international humanitarian law ('IHL') and
international criminal law ('ICL').
On one view, international law seeks to 'account for, respond to, contain,
incorporate and overcome' the events that underlie its development.' For the
disciplines of IHL and ICL, such opportunities for development invariably
emerge from events that involve abject suffering, bloodshed and turmoil.
There has been no shortage of such events in the past year: from the 'Arab
Spring' upheavals in North Africa and the Middle East; ongoing military
operations in Afghanistan; and a completed military intervention in Libya - the
first to be grounded in the responsibility to protect framework. Nor was there any
scarcity of developments in international criminal trials: numerous cases were
commenced and others brought to a close in international and national courts.
This Focus Issue of the Melbourne Journal of International Law brings
together contemporary IHL and ICL scholarship, grouped thematically around
events located in the future, present and past of these two disciplines.
'Future' collates articles investigating long-standing - and seemingly
intractable - problems in IHL and ICL. The articles in this section propose
pathways along which doctrinal and normative issues in criminal responsibility,
military interventions, and the characterisation lines between conflict types may
be resolved. 'Present' groups scholarship that addresses contemporary realities in
the law and practice of IHL and ICL. These pieces engage with the disciplines as
they develop, pointing to shortcomings and blindspots that are an inevitable
product of international law's frantic attempt to respond to challenging events.
'Past' collects reflections on various tribunals that have completed, or are close
to completing, their work. But this is more than simply a historical exercise.
Returning to the tribunals that helped formulate IHL and ICL (in their early and
modern incarnations), these pieces empower today's scholars and practitioners to
reappraise their understandings of central legal concepts, practices, aspirations
and limitations: in the words of Gerry Simpson, they demand that we 'look back
in order to look forward'.2
This Focus Issue touches upon only a fraction of the myriad events,
challenges and debates relevant to IHL and ICL, raised by the developments of
this last year, along with milestones on the broader timeline upon which these
disciplines sit. Nevertheless, we commend and present the work of these scholars
as important contributions to the fields of IHL and ICL - contributions that help
shape our understanding of the past, appreciate the challenges of the present, and
look toward the issues and solutions of the future.
MARTIN CLARK, NUWAN DIAS AND EAMONN KELLY
2012 Editors, Melbourne Journal qfInternational Law
Fleur Johns, Richard Joyce and Sundhya Pahuja, 'Introduction' in Fleur Johns, Richard
Joyce and Sundhya Pahuja (eds), Events: The Force qf International Law (Routledge, 2011)
L,3
2   Gerry Simpson, 'Writing the Tokyo Trial' in Yuki Tanaka, Tim McCormack and Gerry
Simpson (eds), Beyond Victor 's Justice? The Tokyo War Crimes Trial Revisited (Martinus
Nijhoff, 2011) 23, 30.

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