In this episode of X-Examination, Giles sits down with Richard Gration, a Sydney Barrister and Specialist Reserve Legal Officer for the Royal Australian Air Force. With a deep military lineage—his father was the Chief of the Defence Force—Richard brings a unique perspective, having transitioned from training as an Air Force pilot to practicing law at the highest level.
They dive deep into the "Law of War"—the complex framework that governs international conflict. Richard deconstructs the reality behind the headlines, explaining how the UN Security Council operates, the legal definition of an "armed attack" in the age of cyber warfare, and the mechanisms of the International Criminal Court (ICC).
The conversation takes a hard look at the ethics of modern warfare, using the film Eye in the Sky as a case study to explain "collateral damage estimation" and the principle of proportionality. Richard also provides a candid, insider’s view on the Brereton Report, the difficulties of investigating alleged war crimes in Afghanistan, and the legal challenges facing the Australian Defence Force today.
Sponsored Message
This episode of Cross Examination is proudly sponsored by Operational Legal Australia, a veteran-owned law firm operating nationally, providing both legal and non-legal services. With a bias for action, OLA is committed to achieving the best outcomes for clients by delivering timely, cost-effective advice — including fixed pricing solutions so you always know exactly where you stand.
Timestamps:
00:00 – Introduction & Richard’s Military Lineage
04:50 – What is a Specialist Reserve Legal Officer?
09:40 – AUKUS, Nuclear Subs & Strategic Alliances
17:00 – How International Law Actually Works (Consent vs. Imposition)
28:00 – The UN Security Council: Sanctions & The Veto Power
36:00 – "Grey Zone" Warfare: Cyber Attacks & Article 51
47:30 – The ICC & Arresting Heads of State (Putin, Netanyahu)
59:00 – The Day-to-Day Role of an ADF Lawyer
01:06:00 – Deconstructing Eye in the Sky: Targeting & Collateral Damage
01:32:00 – The Brereton Report: Investigating War Crimes in Afghanistan
01:41:00 – The Conflict Between Compelled Evidence & Criminal Prosecution
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