Professor Dale Stephens

Professor Dale Stephens
 Position Professor
 Org Unit ÑÇÖÞ²ÊÆ±¹ÙÍø Law School
 Email dale.stephens@adelaide.edu.au
 Telephone 831 35937
 Location Floor/Room 2 ,  Ligertwood ,   North Terrace
  • Biography/ Background

    Professor Dale Stephens CSM FAAL has been with the Law School since 2013. He is also a Captain in the Royal Australian Navy Reserve who spent over 20 years as a permanent officer in the Royal Australian Navy before taking up his appointment at the Law School. He has occupied numerous staff officer positions throughout his career in the Australian Defence Force (ADF), including Fleet Legal Officer, Command Legal Officer (Naval Training Command), Chief Legal Officer Strategic Operations Command, Director of Operational and International Law, Deputy Director of the Asia-Pacific Centre for Military Law (a joint venture with Melbourne University Law School), Director Navy Legal and Director of the Military Law Centre. He has deployed twice to East Timor (INTERFET & UNTAET) and twice to Iraq (Baghdad) in senior legal officer positions and has provided extensive advice to Government at the strategic level.  He is the recipient of the Conspicuous Service Medal and the (US) Bronze Star, the (US) Meritorious Service Medal as well as ADF and UN commendations for his service. 

    During his time in the ADF, Dr Stephens was involved in providing legal advice regarding numerous operational, disciplinary and administrative law issues, including fisheries, customs and immigration matters within Australia's maritime zones, combined operations with other military forces, UN Peace Operations, drafting Rules of Engagement, implementation of international treaties including the International Criminal Court Convention as well as numerous weapons reviews. 

    In the early 2000's Professor Stephens was part of the Australian delegation to UNESCO negotiating the Underwater Cultural Heritage Convention.  In the mid 2000's he taught at the U.S. Naval War College located in Newport, Rhode Island as a faculty member of the International Law Department. In 2010 was seconded to the Department of the Prime Minister and Cabinet as a senior advisor on Afghanistan.  In more recent years he has taught National Security Law as well as a number of military law subjects at the ANU College of Law.

    Professor Stephens principally teaches and researches in the areas of International Law, International Humanitarian Law, Space Law, The Law of the Sea, as well as Military Operations Law. He is the recipient of both Faculty and University Awards for his teaching. He was a board member of the Australian Yearbook of International Law for over a decade.

    Professor Stephens is Director of The University of ÑÇÖÞ²ÊÆ±¹ÙÍø Research Unit on Military Law and Ethics (RUMLAE) and is a Fellow of the Australian Academy of Law. 

    He was Chair of the SA Red Cross IHL Advisory Committee from 2012 to 2024.  In 2021 he was the recipient of the Red Cross Distinguished Service Award.

    He is Director of the ÑÇÖÞ²ÊÆ±¹ÙÍø Military Law Program and has successfully supervised a number of military and civilian students in their PhD programs. He was Chair of the Woomera Project Governance Board (and a participating Editor) that oversaw the publication of the Woomera Manual on the International Law of Military and Space Actvities and Operations (OUP 2024). He is currently participating in the San Remo Manual on the Law of Naval Warfare update project. 

    He was awarded his Masters degree from Harvard Law School in 2004 and his Doctorate from Harvard Law School in 2014. 

     

  • Qualifications

    SJD - Harvard University Law School (Dissertation : Lawfare or Law Fair? The Role of Law in Military Decision Making) (2014).

    LL.M - Harvard University Law School (2004)

    LL.M - Melbourne University Law School (2003) 

    GDLP - South Australian Institute of Technology (1989)

    LL.B (Hons) - The University of ÑÇÖÞ²ÊÆ±¹ÙÍø Law School (1988)

    B.A. - Flinders University (1984).

  • Awards & Achievements

    2024 University Commendation for Enhancement of and Innovation in Student Learning

    2021 Red Cross Distinguished Service Award 

    2019 Fellow Australian Academy of Law

    2016 Joint Winner (with Prof Melissa de Zwart and Dr Rebecca La Forgia) Executive Dean Award for Excellence for Team Teaching for Cyberwar, Surveillance and Security MOOC.

    2016  Distinguished Practice in Teaching Award for IHL and Advocacy course.

    2008  Bronze Star (U.S.)

    2005  Joint Winner, Judge Advocate-General Prize for Team Excellence (Joint Operations Command Legal Team).

    2004  Meritorious Service Medal (U.S.) 

    2003  Conspicuous Service Medal

    2002  Maritime Commander's Commendation 

    2001  United Nations Peacekeeping Force Commander's Commendation 

  • Research Interests

    International Law, Law of Armed Conflict, Law of the Sea, Military Operations Law, Use of Force, Space Law. 

  • Publications

    ÑÇÖÞ²ÊÆ±¹ÙÍø University Research Tuesday Presentation (A/Prof Dale Stephens): Modern Lawfare :

    Research 21 Presentation (Autonomous Weapons and the Role of Law - A/Prof Stephens): /professions/research/research21/

    Books/Monographs:

    Dale Stephens, Jack Beard, David Koplow (Eds), The Woomera Manual on the International Law of Military Space Activities and Operations (OUP, 2024).

    Robin Creyke, Dale Stephens & Peter Sutherland (Eds), Military Law in Australia - 2nd Edition (Federation Press, 2024). 

    Dale Stephens & Matthew Stubbs (Eds), The Law of Naval Warfare (LexisNexis, 2019).

    Robin Creyke, Dale Stephens & Peter Sutherland (Eds), Military Law in Australia (Federation Press, 2019). 

    Dale Stephens & Paul Babie, Co-Editor and Contributer, Imagining Law: Essays in Conversation with Judith Gardam (ÑÇÖÞ²ÊÆ±¹ÙÍø University Press, 2016). 

    Dale Stephens, The Use of Force in Peacekeeping Operations - The East Timor Experience (APCML Monograph, Melbourne, 2005)

    Chapters:

    Dale Stephens and Joanna Jarose, ‘Law of Naval Operations: Contemporary Issues’, in R. Creyke; D. Stephens & P. Sutherland (Eds), Military Law in Australia (2nd Edition)(Federation Press, 2024).

     

    Dale Stephens and Joanna Jarose, ‘Right Intent: The Value of Morality and religion in the Modern Law of Armed Conflict’ in P. Babie & R. Sarre (Eds), Religion Matters - Volume 2, (Springer, 2024).

      

    Dale Stephens and Matthew Stubbs, 'Military Law' in Michael Kirby (ed), The Laws of Australia (Thomson Reuters, 2023). 

     

    Matthew Stubbs, & Dale Stephens, ‘Opportunities for Enhancing Naval Cooperation in the Indian Ocean
    Region in the Presence of Strategic Competition’ In J. F. Bradford, J. Chan, S. Kaye, C. Schofield, & G. Till (Eds.), Maritime Cooperation and Security in the Indo-Pacific Region Essays in Honour of Sam Bateman  Brill Nijhoff (2022).

    Dale Stephens, 'Ensuring Respect and Targeting' in E. Massingham and A. McConacie (Eds), Ensuring Respect for International Humanitarian Law (Routledge, 2021). 

    Dale Stephens, 'Combined Exercises and International Humanitarian Law Training: Fostering a Culture of Norm Compliance?', in S. Linton, T. McCormack and S. Sivakumaran (Eds), Asia-Pacific Perspectives on International Humanitarian Law (CUP, 2020).  

    Dale Stephens and Tim Quadrio, '"Do as I say not as I do" - Navigational Freedom and the Law of the Sea Convention' in D. Rothwell and D. Letts (Eds) Law of the Sea in South East Asia: Environmental, Navigational and Security Challenges (Routledge, 2020).

    Dale Stephens and Emily Crawford, 'Emerging Technologies and Areas of Operations in Cyber and Outer Space', in R. Creyke, D. Stephens and P. Sutherland (Eds) Military Law in Australia (Federation Press, 2019).

    Dale Stephens and Matthew Stubbs, 'The Woomera Manual: Clarifying the Law of Militray Space Operations to promote Sustainable Uses of Outer Space' in M. Spencer (Ed), Project Asteria 2019: Space Debris, Space Traffic Management and Space Sustainability (Air Power Centre, 2019).

    Dale Stephens and Matthew Stubbs, 'Naval Warfare Zones: Immediate Area of Naval Operations and Maritime Exclusion Zones' in D. Stephens and M. Stubbs (Eds), The Law of Naval Warfare (LexisNexis, 2019). 

    Dale Stephens and Thomas Wooden, 'War Crimes: Increasing Compliance with International Humanitarian Law through International Criminal Law?' in P. Kastner (Ed.) International Criminal Law in Context (Routledge, 2017)

    Dale Stephens (with Rob McLaughlin and Paul Muggleton), Chap 12 'Australian Defence and Military Operations Law and Practice', in Don Rothwell & Emily Crawford (Eds.) International Law in Australia 3rd Edition, (Thomson Reuters, 2016) ISBN: 978045528310.  

    Dale Stephens, 'The Role of Courts and Tribunals' in Robin Warner & Stuart Kaye (Eds.) Routledge Handbbook of Maritime Regulation and Enforcement (Routledge, 2016).

    Dale Stephens, 'Accountability for Violations of the Law of Armed Conflict and the Question of the Efficacy of International Criminal Law in Ameliorating Violence in Armed Conflict' in Jadranka Petrovic (Ed.), Accountability for Violations of international Humanitarian Law - Essays in Honour of Tim McCormack (Taylor & Francis, 2016). 

    Dale Stephens (with Rob McLaughlin), 'International Humanitarian Law in the Maritime Context: Conflict Characterization in Judicial or Quasi-Judicial Contexts' in Derek Jinks, Jackson Nyamuyu Maoqoto & Solon Solomon (Eds.) Applying International Humanitarian Law in Judicial and Quasi-Judicial Bodies: International and Domestic Aspects (TMC Asser Press 2014). 

    Dale Stephens (with Judith Gardam), 'Concluding Remarks: Establishing Common Ground between Feminism and the Military', Gina Heathcote and Dianne Otto (Eds.) Rethinking Peacekeeping, Gender Equality and Collective Security (Palgrave Macmillan, 2014).

    Dale Stephens, Editorial Contributor, Harvard Manual on International Law Applicable to Air and Missile Warfare (Cambridge University Press, 2013).

    Dale Stephens, 'The Accomodation, Disjunction and Felt Experience of Law in Military Operations' (2012) Working Paper 5.1 in Strengthening The Rule of Law Through the United Nations Security Council