 James Stewart
Assistant Professor
B.A. (Phil), L.L.B (Hons) Victoria University of Wellington, D.E.A (mention très bien) Université de Genève, J.S.D. Candidate Columbia Law School.
Tel: 604.822.9719
Fax: 604.822.8108
E-mail:
stewart@law.ubc.ca
Office Location: Allard Hall, room 459
Profile
Professor Stewart joined UBC law in August 2009, after spending two years as an Associate-in-Law at Columbia Law School in New York. Prior to his time at Columbia, Professor Stewart was an Appeals Counsel with the Prosecution of the United Nations International Criminal Tribunal for the former Yugoslavia. He has also worked for the Legal Division of the International Committee of the Red Cross and the Prosecution of the International Criminal Tribunal for Rwanda. His research interests include international criminal law, the laws of armed conflict, international human rights, comparative criminal law, theory of criminal law, public International law, counter-terrorism, corporate criminal liability, corporate responsibility for international crimes and the Great Lakes Region in Africa.
Professor Stewart initially graduated from Victoria University of Wellington, New Zealand with degrees in both law and philosophy. He has since completed an Diplôme d'études approfondies in international law at the Université de Genève and is currently finishing a JSD at Columbia University in New York. He has taught at Columbia Law School, Queens University's summer program on international law, and the University of Geneva. Professor Stewart was also the Chair of Editorial Board of Journal of International Criminal Justice between 2007 and 2010, and is presently an appointed member of the Institute of International Humanitarian Law.
In 2006, Professor Stewart received the La Pira Prize for his article on unlawful confinement at Guantanamo. In 2010, he was awarded the Cassese Prize for his ongoing work on the liability of corporate actors for international crimes. He is presently a Fellow with the Open Society Initiative in New York for an aspect of this work that deals with the accomplice liability of arms vendors. As part of this project, he was also a Visiting Fellow at Oxford's Centre for Criminology. In 2011, he was awarded the Aurora Prize from the Canadian Social Sciences and Humanities Research Council (SSHRC) as "an outstanding new researcher who is building a reputation for exciting and original research in the social sciences or humanities."
Academic Publications
1. |
The End of "Modes of Liability" for International Crimes, Leiden Journal of International Law (2011), 74 pages.
View: http://ssrn.com/abstract=1953521
This article presents a theoretical criticism of the international law of complicity and the domestic criminal principles upon which it is based. It argues for a unitary theory of perpetration, ending the long-endured fixation on modes of liability within the discipline. For criticisms and responses to this article on Opinio Juris, see:
Professor Thomas Weigend (Cologne), and My Response to Weigend;
Professor Darryl Robinson (Queens), and My Response to Robinson;
Professor Jens Ohlin (Cornell), and My Response to Ohlin.
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2. |
Corporate War Crimes: Prosecuting Commercial Actors for Pillaging Natural Resources (OSJI, 2010), 164 pages
View: http://ssrn.com/abstract=1875053
A detailed exploration of the law governing pillage of natural resources for war crimes prosecutors, judges, governments and civil society, which formed the basis of an international conference on the topic co-sponsored by the Dutch and Canadian Ministries of Justice between 29 and 30 October 2010. See www.pillageconference.org |
3. |
The Future of the Grave Breaches Regime: Segregate, Assimilate or Abandon, in James G. Stewart (ed) The Grave Breaches Regime in the Geneva Convention: A Reassessment Sixty Years On Journal of International Criminal Justice, Vol. 7(4) 2009.
Article within an edited volume involving leading commentary on the grave breaches regime. |
4. |
Wanton Destruction not Justified by Military Necessity; Plunder; Judicial Notice; Internationalized Armed Conflict; and Guantánamo, in Antonio Cassese (ed) 'The Oxford Companion to International Criminal Justice' (Oxford, 2008).
Solicited contributions to a treatise on international criminal law. |
5. |
The Military Commissions Act's Inconsistency with the Geneva Conventions: An Overview. Journal of International Criminal Justice, Vol. 4(1) 2007.
View: http://ssrn.com/abstract=1147502
A legal review forming part of an expert symposium on the Military Commissions Act. Cited with approval in the amicus brief of the French Minister of Justice, which was joined by various international law experts, in the Omar Kadr case before US Military Commissions. |
6. |
Re-Thinking Guantanamo: Unlawful Confinement as Applied in International Criminal Law. Journal of International Criminal Justice, Vol. 4(1) 2006.
View: http://ssrn.com/abstract=915770
Awarded the La Pira Prize in 2006 for best article by a scholar under the age of 35 years. |
7. |
Towards a Single Definition of Armed Conflict in International Humanitarian Law: A Critique of Internationalized Armed Conflict. The International Review of the Red Cross, June 2003, Vol. 85 No 850, 313.
View: http://ssrn.com/abstract=1946414
The article was cited within the International Criminal Court's first judgment, was listed as one of four documents of interest on the ICRC's main international humanitarian law webpage, and was translated into Arabic and Spanish. |
8. |
Judicial Notice in International Criminal Law: A Reconciliation of Potential, Peril and Precedent. The International Criminal Law Review Vol. 3(3) 2003
View: http://taddeo.ingentaselect.com/vl=2931049/cl=21/nw=1/rpsv/cw/mnp/1567536x/v3n3/contp1-1.htm
Cited with approval by the Special Court for Sierra Leone and the Appeals Chamber of the International Criminal Tribunal for Rwanda in the decision to take judicial notice of the Rwandan Genocide. |
9. |
Taking Youth Suicide Seriously: Disclosures of Information between Family, School and Health Professional in Prevention. Victoria University of Wellington Law Review, July 2001, 32(2), 407.
View: http://www.lawschool.vuw.ac.nz/vuw/content/display_content.cfm?school=law&id=688 |
Publications listed on the UBC Law Library Faculty Research Publications Database
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