Phillip Drew is an Associate Professor at the Australian National University College of Law, with expertise in international humanitarian law, military operations law and maritime security.Dr. Drew is a retired military officer who served in the Canadian Armed Forces for 30 years before moving into academia. During the first half of his military career he served as an Intelligence Officer, before joining the Office of the Judge Advocate General as a Legal Officer following his call to the bar in 2002. He has commanded a variety of military units both in Canada and overseas, and was the Legal Advisor to the Canadian Pacific Fleet from 2004-2009. In 2013 Dr. Drew attended specialized training in the Czech Republic with the Organization for the Prohibition of Chemical Weapons (OPCW). He is currently the only lawyer in the world who is certified by the OPCW as a qualified expert in chemical weapons. As a Senior Consultant for the United Nations Office on Drugs and Crime (UNODC) he regularly works with governments in West Africa to develop and implement counter-piracy and maritime crime legislation.Dr. Drew was awarded his Dr. Iuris from the European University Via Drina in 2016. His LL.M. (2012) and J.D. (2000) degrees were conferred by Queen’s University in Kingston, Ontario. He also has a Bachelor of Arts in Political Studies from the University of Manitoba and is a graduate of the Canadian Army Command and Staff College.Dr. Drew is the author of the book The Law of Maritime Bockade: Past, Present and Future. He is also a co-author of the San Remo Handbook on Rules of Engagement as well as the Oceans Beyond Piracy Handbook on the Rules for the Use of Force by Private Security Companies. A foremost expert on use of force protocols, he has assisted a number of states in developing ROE programs and has conducted training on use of force throughout the world.
The Law of Maritime Blockade: Past, Present, and Future, 2017
Although appearing to be a relatively benign method of warfare when viewed from a distance, a clo... more Although appearing to be a relatively benign method of warfare when viewed from a distance, a close examination of maritime blockade unveils a sinister character that can, in cases where countries are highly reliant on imports of foodstuffs to feed their populations, prove incredibly deadly, particularly for the young and elderly. This book is unique in that it is the only contemporary book that is dedicated to the study of the law of maritime blockade in the context of modern humanitarian law.
Sanremo Handbook on the Rules of Engagement (RoE), 2009
Published in November 2009, represents the only work of this type which sets out to explain in a ... more Published in November 2009, represents the only work of this type which sets out to explain in a practical way the complex procedures and methodology governing the development and implementation of Rules of Engagement. It has been translated into the 6 official languages of the United Nations as well as Bosnian, Hungarian and Thai.
In January 2015, the government of Abdrabbuh Mansour Hadi was ousted from power by Houthi rebels ... more In January 2015, the government of Abdrabbuh Mansour Hadi was ousted from power by Houthi rebels based in the northern highlands of Yemen. Initially forced to flee the country, Hadi soon returned, establishing a new government in the southern city of Aden. His return marked the commencement of the latest phase of Yemen’s perpetual civil war. In what has often been referred to as the ‘Saudi-led blockade’, a coalition naval force, made up primarily of vessels from Gulf Cooperation Council states, has been enforcing a closure of Yemen’s waters and most of its ports. Yemen requires food imports to feed its population, and fuel imports to generate the electricity that it needs to keep its water plants operating. As a result of the naval interdiction operations, the civilian population of Yemen is in crisis. Approximately 20 million people require humanitarian assistance, and the country continues to struggle under the largest cholera epidemic in history. This paper examines the legal bases for the current interdiction operations, both from the perspective of the law of naval warfare and the law of the sea. Finally it assesses the role that Security Council resolutions have played in the continuation of the ongoing humanitarian crisis and the role that the Security Council can play in supporting the delivery of humanitarian assistance to those in need.
Grounded almost entirely in customary international law, the law of maritime blockade has defied ... more Grounded almost entirely in customary international law, the law of maritime blockade has defied several attempts at codification over the past century and a half. Although there is general agreement on the elements required to establish a blockade (declaration, notification, effectiveness, equal application, and non-interference with neutral ports) there is virtually no guidance in the law that outlines the requirements and responsibilities for parties to the conflict to mitigate potential harm to civilians affected through starvation and/or the deprivation of other humanitarian items. This chapter examines the current state of the law and concludes that in light of the significant discordance over the issue of humanitarian access, there is no settled customary law on these aspects of blockade law.
This chapter is a study of how blockade law relates to international humanitarian law, particular... more This chapter is a study of how blockade law relates to international humanitarian law, particularly that set out in Additional Protocol 1 to the Geneva Conventions of 1949. Noting that under the customary law of blockade all incoming and outgoing maritime traffic is prohibited, an assessment is made on whether or not the customary requirement has been displaced by the humanitarian provisions of AP1. Focusing on the wording of article 49(3), it is shown that for a number of states, the adoption of AP1 did not change the customary law, while for some others it did. As a result of this discrepancy it is posited that in spite of recent attempts to create such an obligation through soft law approaches, there is no customary law that requires humanitarian relief operations during blockade blockades.
Similar in many respects to the law of maritime blockade, the law of contraband provides naval fo... more Similar in many respects to the law of maritime blockade, the law of contraband provides naval forces with the legal right to interdict neutral vessels carrying prohibited goods to enemy ports during periods of armed conflict. Because the two types of interdiction share a number of charateristics, the law of contraband and the law of blockade are often mistakenly thought of as being identical. This chapter provides an overview of the development of the law of contraband, tracing it from its early roots through to modern times. Importantly, this chapter describes the types of contraband found under the law, and demonstrates the primary characteristics that set the law of contraband apart from the law of maritime blockade.
<p>Neutrality is the legal framework that regulates the relationships between states that a... more <p>Neutrality is the legal framework that regulates the relationships between states that are engaged in armed conflict and those that are not. Commencing with a discussion on the development of the League of Armed Neutrality, this chapter examines the history and evolution of maritime neutrality law and how its development was influenced by maritime blockades and other maritime interdiction operations. Reviewing the traditional principles of maritime neutrality, particularly as set out in Hague Convention XIII, it reiterates that neutral status depends on the neutral state's compliance with the rights and obligations concomitant with the law of neutrality. The chapter concludes with an assessment of the continuing applicability of the laws of neutrality in the era of the Charter of the United Nations.</p>
The years since the beginning of the twenty-first century have seen a significant incursion of in... more The years since the beginning of the twenty-first century have seen a significant incursion of international human rights law into the domain that had previously been the within the exclusive purview of international humanitarian law. The expansion of extraterritorial jurisdiction, particularly by the European Court of Human Rights, means that for many states, the exercise of physical power and control over an individual outside their territory may engage the jurisdiction of human rights obligations. Understanding the expansive tendencies of certain human rights tribunals, and the apparent disdain they have for any ambiguity respecting human rights, it is offered that the uncertain nature of the law surrounding humanitarian relief during blockades could leave blockading forces vulnerable to legal challenge under human rights legislation, particularly in cases in which starvation occurs as a result of a blockade.
Whether or not a blockade can be lawfully conducted during a civil war is an issue of contention.... more Whether or not a blockade can be lawfully conducted during a civil war is an issue of contention. Under the traditional concept of the law of armed conflict, blockades could only be conducted by the naval forces of belligerent states, thus making it legally impossible for a blockade to occur outside of an international armed conflict. The one exception to this rule was the doctrine of recognition of belligerency, under which either the state involved in a civil war, or a third state, recognized the belligerent status of the non-state party. Through analysis of the Geneva Conventions and case law from international criminal tribunals, it is argued that the doctrine of belligerency is no longer required, and that the existence of an armed conflict should be the determinative factor in considering whether or not a blockade can be undertaken during a civil war.
The Law of Maritime Blockade: Past, Present, and Future, 2017
Although appearing to be a relatively benign method of warfare when viewed from a distance, a clo... more Although appearing to be a relatively benign method of warfare when viewed from a distance, a close examination of maritime blockade unveils a sinister character that can, in cases where countries are highly reliant on imports of foodstuffs to feed their populations, prove incredibly deadly, particularly for the young and elderly. This book is unique in that it is the only contemporary book that is dedicated to the study of the law of maritime blockade in the context of modern humanitarian law.
Sanremo Handbook on the Rules of Engagement (RoE), 2009
Published in November 2009, represents the only work of this type which sets out to explain in a ... more Published in November 2009, represents the only work of this type which sets out to explain in a practical way the complex procedures and methodology governing the development and implementation of Rules of Engagement. It has been translated into the 6 official languages of the United Nations as well as Bosnian, Hungarian and Thai.
In January 2015, the government of Abdrabbuh Mansour Hadi was ousted from power by Houthi rebels ... more In January 2015, the government of Abdrabbuh Mansour Hadi was ousted from power by Houthi rebels based in the northern highlands of Yemen. Initially forced to flee the country, Hadi soon returned, establishing a new government in the southern city of Aden. His return marked the commencement of the latest phase of Yemen’s perpetual civil war. In what has often been referred to as the ‘Saudi-led blockade’, a coalition naval force, made up primarily of vessels from Gulf Cooperation Council states, has been enforcing a closure of Yemen’s waters and most of its ports. Yemen requires food imports to feed its population, and fuel imports to generate the electricity that it needs to keep its water plants operating. As a result of the naval interdiction operations, the civilian population of Yemen is in crisis. Approximately 20 million people require humanitarian assistance, and the country continues to struggle under the largest cholera epidemic in history. This paper examines the legal bases for the current interdiction operations, both from the perspective of the law of naval warfare and the law of the sea. Finally it assesses the role that Security Council resolutions have played in the continuation of the ongoing humanitarian crisis and the role that the Security Council can play in supporting the delivery of humanitarian assistance to those in need.
Grounded almost entirely in customary international law, the law of maritime blockade has defied ... more Grounded almost entirely in customary international law, the law of maritime blockade has defied several attempts at codification over the past century and a half. Although there is general agreement on the elements required to establish a blockade (declaration, notification, effectiveness, equal application, and non-interference with neutral ports) there is virtually no guidance in the law that outlines the requirements and responsibilities for parties to the conflict to mitigate potential harm to civilians affected through starvation and/or the deprivation of other humanitarian items. This chapter examines the current state of the law and concludes that in light of the significant discordance over the issue of humanitarian access, there is no settled customary law on these aspects of blockade law.
This chapter is a study of how blockade law relates to international humanitarian law, particular... more This chapter is a study of how blockade law relates to international humanitarian law, particularly that set out in Additional Protocol 1 to the Geneva Conventions of 1949. Noting that under the customary law of blockade all incoming and outgoing maritime traffic is prohibited, an assessment is made on whether or not the customary requirement has been displaced by the humanitarian provisions of AP1. Focusing on the wording of article 49(3), it is shown that for a number of states, the adoption of AP1 did not change the customary law, while for some others it did. As a result of this discrepancy it is posited that in spite of recent attempts to create such an obligation through soft law approaches, there is no customary law that requires humanitarian relief operations during blockade blockades.
Similar in many respects to the law of maritime blockade, the law of contraband provides naval fo... more Similar in many respects to the law of maritime blockade, the law of contraband provides naval forces with the legal right to interdict neutral vessels carrying prohibited goods to enemy ports during periods of armed conflict. Because the two types of interdiction share a number of charateristics, the law of contraband and the law of blockade are often mistakenly thought of as being identical. This chapter provides an overview of the development of the law of contraband, tracing it from its early roots through to modern times. Importantly, this chapter describes the types of contraband found under the law, and demonstrates the primary characteristics that set the law of contraband apart from the law of maritime blockade.
<p>Neutrality is the legal framework that regulates the relationships between states that a... more <p>Neutrality is the legal framework that regulates the relationships between states that are engaged in armed conflict and those that are not. Commencing with a discussion on the development of the League of Armed Neutrality, this chapter examines the history and evolution of maritime neutrality law and how its development was influenced by maritime blockades and other maritime interdiction operations. Reviewing the traditional principles of maritime neutrality, particularly as set out in Hague Convention XIII, it reiterates that neutral status depends on the neutral state's compliance with the rights and obligations concomitant with the law of neutrality. The chapter concludes with an assessment of the continuing applicability of the laws of neutrality in the era of the Charter of the United Nations.</p>
The years since the beginning of the twenty-first century have seen a significant incursion of in... more The years since the beginning of the twenty-first century have seen a significant incursion of international human rights law into the domain that had previously been the within the exclusive purview of international humanitarian law. The expansion of extraterritorial jurisdiction, particularly by the European Court of Human Rights, means that for many states, the exercise of physical power and control over an individual outside their territory may engage the jurisdiction of human rights obligations. Understanding the expansive tendencies of certain human rights tribunals, and the apparent disdain they have for any ambiguity respecting human rights, it is offered that the uncertain nature of the law surrounding humanitarian relief during blockades could leave blockading forces vulnerable to legal challenge under human rights legislation, particularly in cases in which starvation occurs as a result of a blockade.
Whether or not a blockade can be lawfully conducted during a civil war is an issue of contention.... more Whether or not a blockade can be lawfully conducted during a civil war is an issue of contention. Under the traditional concept of the law of armed conflict, blockades could only be conducted by the naval forces of belligerent states, thus making it legally impossible for a blockade to occur outside of an international armed conflict. The one exception to this rule was the doctrine of recognition of belligerency, under which either the state involved in a civil war, or a third state, recognized the belligerent status of the non-state party. Through analysis of the Geneva Conventions and case law from international criminal tribunals, it is argued that the doctrine of belligerency is no longer required, and that the existence of an armed conflict should be the determinative factor in considering whether or not a blockade can be undertaken during a civil war.
In January 2015, the government of Abdrabbuh Mansour Hadi was ousted from power by Houthi rebels ... more In January 2015, the government of Abdrabbuh Mansour Hadi was ousted from power by Houthi rebels based in the northern highlands of Yemen. Initially forced to flee the country, Hadi soon returned, establishing a new government in the southern city of Aden. His return marked the commencement of the latest phase of Yemen’s perpetual civil war. In what has often been referred to as the ‘Saudi-led blockade’, a coalition naval force, made up primarily of vessels from Gulf Cooperation Council states, has been enforcing a closure of Yemen’s waters and most of its ports. Yemen requires food imports to feed its population, and fuel imports to generate the electricity that it needs to keep its water plants operating. As a result of the naval interdiction operations, the civilian population of Yemen is in crisis. Approximately 20 million people require humanitarian assistance, and the country continues to struggle under the largest cholera epidemic in history. This paper examines the legal bases for the current interdiction operations, both from the perspective of the law of naval warfare and the law of the sea. Finally it assesses the role that Security Council resolutions have played in the continuation of the ongoing humanitarian crisis and the role that the Security Council can play in supporting the delivery of humanitarian assistance to those in need.
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