Darin Clearwater

'Taming Technology: Cyber Attacks and the Crime of Aggression'

LLB (Hons), BA (Hons), GradDipLegalPrac, LLM

Biography

My research involves critically analyzing the crime of aggression definition adopted at the Review Conference of the Rome Statute of the International Criminal Court in Kampala, 2010, with a particular focus on whether the language adopted will criminalise the use of newly emerging forms of weapons technology – specifically, those used in inter-State cyber attacks.  I also examine whether the use of such measures could potentially contravene the prohibition upon the use of force as enshrined within Article 2(4) of the Charter of the United Nations. 

Prior to commencing my postgraduate studies at the University of Edinburgh, I was employed as a criminal defence solicitor with Legal Aid Queensland, a statutory authority tasked with, inter alia, providing advice and legal representation to socially and financially disadvantaged individuals charged with criminal offences. Whilst employed at Legal Aid Queensland, I worked in a number of teams including the Graduate Team, Appeals Team, General Crime Team, Solicitor Advocates Team (tasked primarily with providing duty lawyer services to the Brisbane Magistrates Courts), and Drug Court Team where I remained for the final two years of my employment; I also undertook a regional placement as a general crime solicitor at Bundaberg in 2009.    

 

Education:         

2000 – 2006      

Bachelor of Arts / Bachelor of Laws (Hons) – University of Queensland, Australia

2007 – 2008

Graduate Diploma of Legal Practice – College of Law, Australia

2010 – 2011      

Honours component of my previously obtained Bachelor of Arts degree – University of Queensland

2012 – 2013      

Master of Laws in Criminal Law and Criminal Justice (with distinction) – University of Edinburgh, Scotland

2014 –              

Doctor of Philosophy in International Law (anticipated completion in 2018) – University of Edinburgh

 

Awards and scholarships :

2012 – 2013      

LLM Criminal Law Tercentenary Award for Excellence

Edinburgh Global Master’s Scholarship

2014 – 2017

College of Humanities and Social Sciences Research Award

Edinburgh Global Research Scholarship.

 

Professional qualifications:

2008                

Admitted to the Legal Profession as a Legal Practitioner of the Supreme Court of Queensland

2012                

Entered onto the Registry of Practitioners of the High Court of Australia

 

Employment & other relevant experience:

2004                

Vacation Clerk (voluntary), Legal Aid Queensland

2006                

Volunteer, Queensland Public Interest Law Clearing House (QPILCH)

2008 – 2012      

Legal Officer (solicitor), Legal Aid Queensland

2014 – 2016      

Co-Content Editor for the Edinburgh Student Law Review     

Research Assistant for Dr Paul Behrens, University of Edinburgh

2015 – 2016

Research Assistant for Dr Stephen Neff, University of Edinburgh

Co-Convener of the ‘Edinburgh Postgraduate Law Conference’ (University of Edinburgh, January 2016)

2016

Co-Convener of the ‘Towards an Association on Diplomatic Law’ workshop (University of Edinburgh, May 2016)

Co-Convener of the ‘Legal Aspects on Diplomatic Interference’ Conference (University of Edinburgh, May 2016)

Guest Lecturer for the postgraduate course ‘Inter-State Conflict and Humanitarian Law’ (University of Edinburgh)

2016 -  

Tutor for the undergraduate course ‘International Law 1 (Ordinary)’ (University of Edinburgh)

 

Publications:

Criminal Law Duty Lawyer Handbook, Legal Aid Queensland (2012) – contributor.

“‘If the Cloak Doesn’t Fit, You Must Acquit’: Retributivist Models of Preventive Detention and the Problem of Coextensiveness,” Journal of Criminal Law and Philosophy (2014), DOI 10.1007/s11572-014-9363-9 (hard copy publication forthcoming 2016). 

“Book Review – Daniel Newman: “Legal Aid Lawyers and the Quest for Justice,” Oxford/Portland: Hart Publishing, 2013,” 24(3) Social & Legal Studies (2015).