Submarine cables and the law of armed conflict - Rob McLaughlin, Tamsin Paige and Douglas Guilfoyle

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In this episode, Dr Simon McKenzie is joined by Professor Rob McLaughlin, Dr Tamsin Paige and Associate Professor Douglas Guilfoyle to talk about the application of the law of armed conflict to submarine cables. These cables carry information crucial for national security. They are an essential part of the link between overseas embassies and their capital, not to mention military bases and operations with their commanders. In fact, there is almost no part of modern life that they do not in some way support. Given their central importance, you might think that the legal categorisation and protection of submarine cables would be clear. But, this is far from the case – if, how and when these cables can be military objectives, and how the principle of proportionality might apply, is unclear. 

Professor Rob McLaughlin of ANU researches, publishes, and teaches in the areas of Law of Armed Conflict, Law of the Sea, Maritime Security Law and Maritime Law Enforcement, and Military Law. 

Dr Tamsin Paige is a Lecturer with Deakin Law School and consults for the UN Office on Drugs and Crime in relation to Maritime Crime. Prior to this, she was a Postdoctoral Fellow at UNSW Canberra @ ADFA. Her work is interdisciplinary in nature, using qualitative sociological methods to analyse international law. 

Associate Professor Douglas Guilfoyle from UNSW Canberra researches maritime security, the international law of the sea, and international and transnational criminal law. Particular areas of specialism include maritime law-enforcement, the law of naval warfare, international courts and tribunals, and the history of international law.

Further reading:

• A Pearce Higgins, ‘Submarine Cables and International Law’ (1921-1922) 2 British Year Book of International Law 27 
• Robert Tucker, ‘The Law of War and Neutrality at Sea’ (1955) 50 International Law Studies 1 
• Tara Davenport, 'Submarine Cables, Cybersecurity and International Law: An Intersectional Analysis' (2015) 24 Cath. U. J. L. & Tech.