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Katherine Fallah


Katherine Fallah specialises in public international law and criminal law. She has a particular interest in critical perspectives on the global regulation of violence, and her current research focuses on international efforts to regulate the private military industry. Prior to joining the UTS Faculty of Law in March 2011, Katherine held a Faculty position at Sydney Law School. She has held visiting fellowships and doctoral research positions at Harvard Law School, the Institute for International and Comparative Law in Africa, the Paris Fondation Maison des Sciences de l’Homme, and the European University Institute, Florence.

Before taking up her academic appointments, Katherine served as a Prosecution Officer at the NSW Office of the Director of Public Prosecutions, Research Associate to the Judges of the Federal Court of Australia, and paralegal and law clerk at major commercial law firms in Sydney. She has worked with Professor Jenni Millbank as Senior Researcher on an ARC project on the ‘particular social group’ ground in the Refugees Convention and has contributed to a variety of public interest projects, including as a volunteer with the death row defence team at the Louisiana Crisis Assistance Centre in New Orleans.

Katherine sits on the NSW International Humanitarian Law Committee for the Australian Red Cross and is a Member of the International and Comparative Criminal Justice Network. In 2003 she was a recipient of the Prix Jean-Pictet for international humanitarian law. She is admitted as a solicitor of the Supreme Court of NSW.

Lecturer, Faculty of Law
Core Member, Law Research Centre Research Strength
Bachelor of Jurisprudence, Bachelor of Laws
+61 2 9514 3495

Courses taught at UTS

  • Public International Law
  • International Humanitarian Law
  • International Criminal Law
  • International Human Rights Law
  • Human Rights Law
  • Criminal Law
  • Jessup International Law Moot

Courses taught at other institutions
  • Public International Law
  • Private International Law
  • War Law: International Humanitarian Law
  • Civil and Criminal Procedure
  • International Law and Australian Institutions

Book Chapters

Fallah, K.L. 2007, 'Regulating private security contractors in armed conflicts' in Gumedze, Sabelo (eds), Private Security in Africa: Manifestation, Challenges and Regulation, Institute for Security Studies, South Africa, pp. 97-123.

Conference Papers

Fallah, K.L. 2014, 'Making War and Making Law: The Corporation in the Global Regulation of Military Violence', Corporate Power in Global Society: Explication, Critique, Engagement, and Resistance, Harvard Law School, June 2014.
Fallah, K.L. 2014, 'Performing the Ceremonies of Law: Quasi-Legal Accountability Measures as Legitimation Bids', Law and Boundaries / Droit et Limites, Sciences Po Law School, Paris, May 2014.
Fallah, K.L. 2013, 'Constructing the "Humanitarian": The Regulatory Impact of Self-Characterisation of the Private Military Industry', 'Power, Privilege, and the Pursuit of Justice: Legal Challenges in Precarious Times', Law and Society Annual Meeting, Boston, May 2013.
Fallah, K.L. 2013, 'Corporate Construction of "Humanitarianism": The Regulatory Impact of Self-Characterization of the Private Military Industry', IGLP: The Conference, Harvard Law School, Institute for Global Law and Policy, June 2013.
Fallah, K.L. 2012, 'Private Military Contractors and the Construction of 'Humanitarianism'', Legal Research 3 Conference, Sydney Law School, Sydney, November 2013.
Fallah, K.L. 2012, 'Private Military Violence and the Inner Boundaries of International Law: Reading 'Unjust Combatancy' Theories Alongside the Jus ad Bellum / Jus in Bello Distinction', Conference on Law and Boundaries / Droit et Limites, Sciences Po Law School, Paris, March 2012.
Fallah, K.L. 2011, 'International Law and the Right of Self-Defence', Centre for International and Public Law and Australian Centre for Military Law and Justice Forum, Tampa and 9/11: Ten Years On - Reflections on Developments in International Law, Australian National University, Canberra, August 2011.
Fallah, K.L. 2011, 'Strangers with Knives Between Their Teeth: The Relationship between International Law and Domestic Efforts to Outlaw Mercenary Activity in Africa', Institute for International and Comparative Law in Africa Research Discussion Series, University of Pretoria, South Africa, November 2011.
Fallah, K.L. 2008, 'Citizen Soldiers and Alien Outlaws: National Membership and the Transformation of Military Violence', Fourth Global Conference on Pluralism, Inclusion and Citizenship, Salzburg, Austria, October 2008.
Fallah, K.L. 2008, 'Criminalising Mercenarism in Africa: Legal Challenges and Options for Reform', Conference on the Elimination of Mercenarism in Africa, African Union Headquarters, Addis Ababa, Ethiopia, March 2008.
Fallah, K.L. 2007, 'Regulating Private Security Contractors in Armed Conflict: International Humanitarian Law and the Principle of Distinction', Conference on the Regulation of the Private Security Sector in Africa, Institute for Security Studies, Pretoria, South Africa, April 2007.
Fallah, K.L. 2007, 'At War with the Rule of Law: Guantnamo, Iraq and Legal Black Holes', Racism, Guantanamo Bay and the War on Terror, University of Sydney, Australia, March 2007.
Fallah, K.L. 2006, 'Terrorism and the Rule of Law: How American Exceptionalism in Guantnamo Undermines the Legal Protection of Private Military Contractors in Iraq', Australasian Law and Society Conference, Right or Racket? The Protection of Law, University of Wollongong, Wollongong, Australia, December 2006.
Fallah, K.L. 2006, 'Straining at the Periphery? International Humanitarian Law and its Application to the Private Military Industry in Iraq', Emergence of Customary International Humanitarian Law Conference, Flinders University, Adelaide, Australia, November 2006.

Journal Articles

Fallah, K.L. 2006, 'Perpetrators and Victims: Prosecuting Children for the Commission of International Crimes', African Journal of International and Comparative Law, vol. 14, no. 1, pp. 83-103.
View/Download from: OPUS
Everyone talks about "the impact of war on children". But how do you measure the impact of war? Who suffers the greater horror, the child who is violated, or the child who is forced to become a perpetrator? We are the victim, the perpetrator and the witness, all at once.1 Where an individual can be held responsible for their actions, failure to bring them to justice will support impunity and lead to a denial of justice to their victims. It may even encourage the use of children to commit atrocities.2 , We were saying: Rule, glory, power - is all for us. But we were only dogs of the king, and we enjoyed it for a very short period
Fallah, K.L. 2006, 'Corporate Actors: The Legal Status of Mercenaries in Armed Conflict', International Review of the Red Cross, vol. 88, no. 863, pp. 599-611.
Corporate actors are taking on an increasingly significant role in the prosecution of modern warfare. Traditionally, an analysis of the law applicable to corporate actors in armed conflict commences with inquiry into the law as it applies to mercenaries. As such, the rise of the private military industry invites a reconsideration of the conventional approach to mercenaries under international law. This article critically surveys the conventional law as it applies to mercenaries, and considers the extent to which corporate actors might meet the legal definitions of a ``mercenary++. It demonstrates that even mercenaries receive protection under international humanitarian law