Ben Clarke

University of Notre Dame Australia

Associate Professor

29 Shepherd St. Level 1

Sydney , New South Wales 2008

Australia

http://www.nd.edu.au/fremantle/schools/law/staff/bClarke.shtml

SCHOLARLY PAPERS

9

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Scholarly Papers (9)

1.

Freedom of Speech and Criticism of Religion: What are the Limits?

eLaw Journal, Vol. 14, No. 94, 2007
Number of pages: 28 Posted: 30 Nov 2010
Ben Clarke
University of Notre Dame Australia
Downloads 446 (61,330)

Abstract:

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freedom of speech, freedom of religion, hate speech, international human rights law, Islamic law, apostasy, crimes against religion

2.

A Man’s Home is His Castle - Or is it? How to Take Houses from People Without Convicting Them of Anything: The Criminal Property Confiscation Act 2000 (WA)

Criminal Law Journal, Vol. 28, p. 263, 2004
Number of pages: 24 Posted: 23 Jan 2011
Ben Clarke
University of Notre Dame Australia
Downloads 144 (194,886)

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confiscation of assets, unexplained wealth, civil forfeiture, proceeds of crime, crime used property, non-conviction based forfeiture

3.

Arming Drones for Law Enforcement: Challenges and Opportunities for the Protection of Human Life

Number of pages: 55 Posted: 27 Jul 2013
Ben Clarke
University of Notre Dame Australia
Downloads 131 (210,274)

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armed drones, law enforcement, protection of human life, international human rights law, less lethal weapons

4.

An Ethics Survey of Australian Criminal Law Practitioners

Criminal Law Journal, Vol. 27, p. 142, 2003
Number of pages: 15 Posted: 30 Nov 2010 Last Revised: 05 Dec 2010
Ben Clarke
University of Notre Dame Australia
Downloads 112 (236,390)

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ethics of criminal lawyers, legal ethics, criminal law, Australian lawyers

5.

Military Occupation and the Rule of Law: The Legal Obligations of Occupying Forces in Iraq

Murdoch University Electronic Journal of Law, Vol. 8, 2005
Number of pages: 48 Posted: 30 Nov 2010 Last Revised: 21 Jan 2011
Ben Clarke
University of Notre Dame Australia
Downloads 96 (262,844)

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Security Council resolution 1483, the law of belligerent occupation, the occupation of Iraq, the duty to maintain public order and security, resistance to occupation

6.

Proportionality in Armed Conflicts: A Principle in Need of Clarification

Posted: 18 Oct 2012
Ben Clarke
University of Notre Dame Australia

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proportionality, international humanitarian law, clarification of the law, reasonable military commander

7.

Law, Religious Crime and Extremism: A Human Rights Based Approach to Curbing Religious Violence in Islamic States and Societies

Research Unit for the Study of Society, Law and Religion Roundtable Workshop, November 13, 2008, Adelaide Law Review, Vol. 30, No. 1, pp. 111-147, 2009
Posted: 23 Jan 2011
Ben Clarke
University of Notre Dame Australia

Abstract:

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8.

Securing Compliance with International Humanitarian Law: The Promise and Limits of Contemporary Enforcement Mechanisms

Journal of International Humanitarian Legal Studies, Vol. 1, No. 1, pp. 213-220, October 2010
Posted: 23 Jan 2011 Last Revised: 02 Feb 2011
Ben Clarke
University of Notre Dame Australia

Abstract:

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International Humanitarian Law, International Human Rights Law, Enforcement, Compliace, Complementarity, Non-International Armed Conflict, Non-State Actors, Non-State Organized Armed Groups, Gaza War, Human Shields, Human Rights Council, Occupation, International Criminal Court

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resistance to occupation, jus ad bellum, jus in bello, the law of occupation