On 1 June, the Grand Final of the Red Cross supported International Humanitarian Law (IHL) Moot competition was held. In a very crowded atmosphere, Ms Ashleigh Jones and Ms Georgina Wignall represented the Prosecution and Mr Ben Noack and Ms Yvonne Whittaker-Rush represented the Defence. Arguments relating to the deployment of non-lethal weapons, the use of nuclear devices, questions of distinction and proportionality, obligations owed to the environment in wartime, as well as concepts of individual criminal liability and command responsibility were passionately advanced and defended.
The quality of the legal argument and the poise and grace of the advocates were exceptional. The final decision of the three member Bench (Mr Mark Giddings, Ms Stacey Henderson and Assoc. Prof Dale Stephens) was a split one. Such an outcome in relation to these impressive and evenly matched teams was possibly not surprising. There had to be one winner though and the winning team on the night was the Defence team, namely Ms Yvonne Whittaker – Rush and Mr Ben Noack.
The Law School is very grateful for the support provided by the South Australian branch of the Red Cross for this competition and in particular, the personal efforts of Ms Petra Ball (IHL Officer SA Red Cross) who supplied the problem and was able to present the certificates to the winners and runners up on the night. IHL is alive and well at Adelaide Law School and we look forward to many more years of ‘epic battle’ in this popular Moot competition.