Fallah, K.L. 2017, 'Re Georgio: An Intimate Account of Transgender Interactions with Law and Society', Griffith Journal of Law & Human Dignity, vol. 5, no. 1, pp. 6-39.
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In its everyday operation, the law presumes to narrate trans stories and shape trans lives. This article shines a light on law's claims to authority over transgender identities and transgender bodies, and offers an alternate, intimate account of one transgender person's interactions with law and society. The stories recounted here offer glimpses into the life of Georgio. Written from the perspective of someone who has had the privilege of bearing witness to his journey, this article assembles incomplete fragments of the joys and frustrations of Georgio's gender transition and invites deeper reflection on legal assumptions about the lives of transgender people. It represents an attempt to breathe humanity into law's cold scripts of gender identity.
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.
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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
Fallah, K.L., 'Making War and Making Law: The Generation of International Legal Norms to Regulate Private Military Violence'.
Private military violence occupies a space at the periphery of international law, uncomfortably straddling the lines between the public and the private, the domestic and the international, armed conflict and law enforcement, civilian and combatant, and even personnel and materiel. This thesis approaches the problem of private military violence by considering how international humanitarian law's inner boundaries and core categories shape and constrain ongoing efforts to regulate the industry. It argues that private contractors, like other non-State actors in war, challenge some of the core assumptions of international law and expose critical contradictions in international law's execution of its humanitarian project.
In questioning the sharpness of three of international humanitarian law's core distinctions, this study of private military contractors provides an entry point for a deeper critique of the laws of war. Given the position of contractors at the periphery of international law, the ongoing contest over their legitimacy offers important insights into the ways in which the international regulation of warfare involves strategic, normative decisions about the privileging and ranking of different forms of violence. This study considers the place of private military contractors in international law's ordering of irregular violence.
The thesis argues that, like other international actors, the private military industry exploits international law's inner boundaries and contradictions, using them as manoeuvring tools to position themselves as legitimate actors in armed conflict. I build on the work of critical scholars such as David Kennedy and Nathaniel Berman to challenge international law's claims to universality and objectivity. I argue that by their structure and content, the laws of war systematically privilege some actors while stigmatising others, and that contractors have proven remarkably successful at positioning themselves on the side of privilege. ...