Dr Sascha-Dominik Oliver Vladimir Bachmann

Dr Sascha-Dominik Oliver Vladimir Bachmann
University of Canberra · School of Law

State Exam, Ass Jur, LL.M, LL.D, FHEA

About

80
Publications
52,315
Reads
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261
Citations
Introduction
Before assuming my post as Professor at the University of Canberra I worked as an Assoc Professor at Bournemouth University where I lead the preparation for Bournemouth law submission for the UoA 18 for the upcoming U.K. Research Excellence Framework (REF) exercise (ERA equivalent) and was the Director of the Centre of Conflict, Rule of Law and Society (CROLS). In 2016 I was appointed Extraordinary Associate Professor (Docent) in War Studies at the Swedish Defence University, Stockholm in recognition of my academic contributions to Military Studies. I am a Research Fellow at the Faculty of Military Science, Stellenbosch University (RSA). I have been working closely with international organizations and defense stakeholders alongside academia across the globe.
Additional affiliations
October 2019 - present
University of Canberra
Position
  • Professor (Full)
November 2017 - present
Stellenbosch University
Position
  • Research Associate
April 2016 - present
Swedish Defence University
Position
  • Professor
Description
  • Conducting research into War Studies with a particular focus on Hybrid War and emerging new security threats

Publications

Publications (80)
Article
Full-text available
A summary of counterintelligence threat chokepoints from the perspectives of the United States, Israel, the European Union, Nordic countries, and South Africa are presented. These chokepoints seem to stem from geopolitical competitiveness and manifest as espionage, subversion, terrorism, and covert action in any accessible domain possible. The disc...
Article
Full-text available
Most of the world’s natural resources can be found in the territories of indigenous peoples. This puts indigenous peoples in a position where they are not only subjected to environmental hazards, as a result of the mining and exploitation of these resources but are also denied the use and control of these resources. In addition, the proximity to su...
Article
Full-text available
Migration as a weapon sounds like a policy statement by resurgent nationalistic parties (and governments) in the West. However, politics and the human cost aside, what if an adversary (both state and non-state actor) does exploit the current global crisis of mass migration due to globalization, war, and political unrest? This article will look at t...
Article
Full-text available
The International Criminal Court was set up as a court of last resort to prosecute the most serious crimes under international law when its member states are either unable or unwilling to act. The African Union initially welcomed the court due to the continent's history of violence and war. However, their soured when the ICC began indicting African...
Article
The article examines the phenomenon of unrecognized states from the standpoint of international law, discusses in detail various approaches and consequences of the recognition (and non-recognition) of self-proclaimed states, and also evaluates the criteria of the statehood given in the 1933 Montevideo Convention. The article examines the various po...
Article
Full-text available
China is set to build an empire where its economic, strategic and security interests in Asia, the Pacific, Europe and the Arctic will be safeguarded for generations to come. Using the concepts of hybrid warfare and grey-zone warfare, this article argues that the implementation of China’s 2015 military strategy of active defence1 and the territorial...
Article
This short essay aims at shedding some light on the use of lawfare as an emerging domain of full spectrum warfare which can either be used in its own right to achieve its own strategic objectives or as an enabler within the context of influencing the adversary in connection with well-planned Info-Ops and Stratcom operations. The authors conclude th...
Poster
Full-text available
Global peace and security has seen the arrival of new security threats in the form of hybrid threats and cyber-attacks. Throughout history, conflict has been an ever-present aspect of human activity, but war has of course evolved over the centuries as technology and military strategies changed. The concept of hybrid war has emerged since the end of...
Article
Full-text available
The complementarity principle of the Rome Statute of the International Criminal Court (ICC) is an international legal principle that governs the relationship between two; sometimes; contrasting international principles of law; namely sovereign equality of States and the international community’s duty to end impunity for international core crimes. A...
Article
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Our new article (jointly with Eda Luke Nwibo) published in BROOK. J. INT’L L. [Vol. 43:2 2018] pp 459 - 541] on The AU and the Complementarity Principle is out. Part I of this article will seek to explain the relationship between national and international criminal justice and how the Rome Stat-ute’s complementarity principle regulates the correlat...
Research
Full-text available
The impact of Sacha’s work has led to co-operation between organisations and government bodies on a national and international level. He is recognised as a Subject Matter Expert (SME) on Hybrid Warfare and Lawfare (using international law as a means of warfare) by NATO and has worked with the Austrian, Danish, Qatari, Swedish and South African Defe...
Article
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The Middle East, or New Middle East as it also has become known after the Arab Spring of 2011, is going through seminal geographical and political changes and challenges. In the end, the Arab Spring did not lead to the advent of an Arab renaissance of democracy and good governance but only to increased regional instability. The latter has been high...
Technical Report
Full-text available
The international security environment has seemingly departed from a post-cold war period of everlasting peace and has instead evolved into a volatile and increasingly grey area of war and peace. Security challenges arising from both hybrid wars and hybrid threats are high on security agendas in Sweden and Europe as well as internationally. However...
Chapter
Full-text available
Hybrid Warfare—while not necessarily new as a category of war—is a notion that has the potential to change future conceptualisation of conflicts. This re-conceptualisation also involves a need to rethink the law paradigms applicable to modern conflicts, which do not neatly fit the categorisation outlined in the jus ad bellum (right to wage war) and...
Article
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Te Russian National Security Strategy of 2015 aims at achieving au-tarky from Western influences on global security, the rule of law and global trade. Russia aims at attaining this by applying a holistic mix of military, political and economic means to weaken the West and to strengthen its own role as a global player. Te Russian approach builds on a...
Technical Report
Full-text available
Written evidence submitted by Mr Andres Mosquera, Director Legal Advisor to NATO’s Commander of the Supreme Headquarters Allied Powers Europe (SHAPE) andDr Sascha-Dominik Bachmann, Associate Professor in International Law (Bournemouth University, UK) and extraordinary Associate Professor in War Studies (Swedish Defence University, SWE) to UK Parlia...
Article
Full-text available
he Arctic has become an object of desire for coastal and non-coastal States for the exploitation of natural resources since the scientific recognition in 2001 that the High North is melting as a result of changes to the planet’s climate.[i] A scramble for the Arctic will lead to future conflict, open and dormant, kinetic and non-kinetic. A conflict...
Article
Full-text available
In the context of ‘Hybrid Warfare’ as 21st Century’s threat to peace and security, this paper intends to address the role of Lawfare. The use of law as a weapon, Lawfare, can have a tangible impact on democratic States when their adversaries use it in an exploitative way. Lawfare can be used in the context of Hybrid War. Examples of Hybrid Warfare...
Article
Full-text available
This article uses the example of Russia’s aggressive action against Ukraine as an example of a new form of contemporary war fighting, namely hybrid war, and discusses how Russia has been successful in exploiting vulnerabilities of its opponents. The article reports on the United Kingdom as a case study to discuss potential threats and how these can...
Article
Full-text available
Si vis pacem, para bellum is as relevant today as it was 2000 years ago but it is doubtful that the main Western states will agree on a robust response. With Donald Trump’s election as the 45th President of the United States, the prospects of a continuation of former President Obama’s policy of “measured” confrontation towards Russia is highly unli...
Article
Full-text available
A discussion of Russia' s use of Hadesian Lawfare in regard to achieving its operational objectives of expanding its spheres of influence in the Arctic Region.
Article
Full-text available
This article uses the example of Russia’s aggressive action against Ukraine as an example of a new form of contemporary war fighting, namely hybrid war, and discusses how Russia has been successful in exploiting vulnerabilities of its opponents. The article reports on the United Kingdom as a case study to discuss potential threats and how these can...
Article
The use of Law as a weapon, Lawfare, is one of many tools used by human beings in their interactions. The current holistic nature of the physical and virtual battlespace favors the inclusion of law in that battlespace, which becomes one of the war protagonists by its own merits. Law has its own place among the instruments of power : Diplomatic, Inf...
Presentation
Full-text available
Russia’s use of non linear war & ways to counter this aggression against Western Europe with reference to Lawfare
Technical Report
Full-text available
Written evidence submitted by Brigadier (Rtd) Anthony Paphiti, former ALS officer and Visiting Researcher at BU’s CRoLS and Dr Sascha Dov Bachmann, Associate Professor in International Law and Visiting Research Fellow at the Swedish Defence University, Stockholm, to Parliament’s Defence Select Committee has been published and can be viewed at the D...
Technical Report
Full-text available
Written evidence submitted by Brigadier (Rtd) Anthony Paphiti, former ALS officer and Visiting Researcher at BU’s CRoLS and Dr Sascha Dov Bachmann, Associate Professor in International Law and Visiting Research Fellow at the Swedish Defence University, Stockholm, to Parliament’s Defence Select Committee has been published and can be viewed at the D...
Technical Report
Full-text available
Written evidence submitted by Brigadier (Rtd) Anthony Paphiti, former ALS officer and Visiting Researcher at BU’s CRoLS and Dr Sascha Dov Bachmann, Associate Professor in International Law and Visiting Research Fellow at the Swedish Defence University, Stockholm, to Parliament’s Defence Select Committee has been published and can be viewed at the D...
Article
Full-text available
The refugee crisis in Western Europe, Islamist terrorism abroad and increasingly also in the intra-European context, Organized criminality, human trafficking and cyber attacks or, Cybercrime are examples of hybrid threats which more often affect the powers of national security organs and overtax them. The answer would be a Western European basic co...
Article
Colonialism has had a huge impact upon the legal systems of countries around the world. The historical impact of the British Empire can still be felt today in countries as diverse as Australia and South Africa. This effect is explored in both these countries, both in its historical form of racial discrimination, as well as the modern consequences o...
Article
Full-text available
Future adversaries will increasingly rely on technological means to execute their operations, utilizing cyber capabilities to control or support ‘Hybrid Threats.’ Hybrid Threats are multimodal, low intensity, kinetic as well as non-kinetic threats to international peace and security. Examples of Hybrid Threats include asymmetric conflict scenarios,...
Article
Full-text available
This article discusses a new form of war, ‘Hybrid War’, under inclusion of aspects of ‘cyber-terrorism’ and ‘cyber – war’ before the backdrop of Russia’s ‘Ukrainian Spring’ and the continuing threat posed by radical Islamist groups in Africa and the Middle East. It discusses the findings of an on-going Hybrid Threat project by the Swedish National...
Article
Full-text available
This article discusses a new form of war, ‘hybrid war’, with inclusion of aspects of ‘cyber-terrorism’ and ‘cyber-war’ against the backdrop of Russia’s ‘Ukrainian Spring’ and the continuing threat posed by radical Islamist groups in Africa and the Middle East. It also discusses the findings of an on-going hybrid threat project by the Swedish Defenc...
Article
Full-text available
Resumé Med nya militära utmaningar ställs frågan vad taktisk utbildning egentligen? Är den taktis-ka utbildningen något som är tidsbundet och daterat? Tesen är att det centrala vid den tak-tiska utbildningen är förmedlandet och hanterandet av ett taktiskt språk. För att visa på det-ta inleds med ett exempel från det första världskrigets kejserliga...
Conference Paper
Full-text available
Moscow’s Hybrid War in Ukraine The Cluster Centre Conflict, Rule of Law and Society of Bournemouth University (https://research.bournemouth.ac.uk/centre/conflict-rule-of-law-and-society/) would like to invite you to an international one- day symposium in February which will discuss the events in the Ukraine. This symposium discusses a new form of...
Article
This chapter reflects upon the current status and the potential for the field of transitional justice, its theoretical aspects and practical application, to respond to the new and emerging challenges and threats of global significance. We propose a new understanding and approach to transitional justice, which is more responsive to the different typ...
Book
This volume brings together multiple, interdisciplinary viewpoints to explore and examine the current state of transitional justice. Contributors are drawn from both academic and practitioner backgrounds, working in fields such as human rights, humanitarian law, public policy, sociology, cultural and peace studies, and earth jurisprudence. Current...
Article
Full-text available
Hybrid Threats as an emerging new form of armed conflict often lead to confusion regarding the nature of the threat itself and the choice and legality of potential countermeasures by the affected state. There seems to be a need for establishing a legal framework to regulate the response by a state to such threats in cases of asymmetric war, irregul...
Data
Full-text available
The benefits of bilateral agreements in regard to international cartels are clear: only a synchronized and international approach will help the developing nations in protecting their markets from unfair competition practices. This article shows the state of anti-cartel policies and legislation in selected jurisdictions, the present state of the coo...
Article
Full-text available
This monograph provides a detailed description and analysis of the existing possibilities of establishing civil liability for gross human rights violations at the regional and international scale and concludes with the recommendation that only a merged system of the existing means of human rights protection will ensure effective human rights protec...
Article
Full-text available
Human rights campaigners, activists and litigators have been seeking ways and means to hold accountable those responsible for gross human rights abuses and violations. These measures have included seeking the criminal prosecution of the individual human rights perpetrator, as well as seeking civil damages against individual actors.
Article
Full-text available
This 'perspective' paper highlights the evolving concept and idea of corporate human rights responsibility (CHRR) under international law. The paper thus aims to rectify the scarcity of such a notion within the existing frameworks, and its related significance to other concepts of corporate responsibility and governance. This paper develops and bui...
Article
Full-text available
The downing of the Malaysian Airlines Flight MH17 on July 17th sent shockwaves around the world. The airliner was on its way from Amsterdam to Kuala Lumpur when it was shot down over Eastern Ukraine by an surface to air missile, killing all people on board, 283 passengers including 80 children, and 15 crew members. The victims were the nationals of...
Article
The right to ‘security of person’ is well recognised under Human Rights Law, e.g. Art. 3 of the Universal Declaration of Human Rights of 1948 (UDHR), Art. 3 of the International Covenant on Civil and Political Rights of 1966 (ICCPR) and under Art. 2, 3 and 5(1) of the European Convention on Human Rights of 1950 (ECHR). The European Court of Human R...
Article
Full-text available
This article discusses a new form of war, ‘hybrid war’, with inclusion of aspects of ‘cyber-terrorism’ and ‘cyber-war’ against the backdrop of Russia’s ‘Ukrainian Spring’ and the continuing threat posed by radical Islamist groups in Africa and the Middle East. It also discusses the findings of an on-going hybrid threat project by the Swedish Defenc...
Article
Full-text available
This short paper introduces the reader to the notion of environmental threats to global peace and security, so called “eco-threats”, and looks into shortcomings of environmental protection during hostilities under the Law of Armed Conflict (LOAC).
Article
Threats to environmental security (‘eco-threats’) face not only shortcomings of environmental protection during hostilities under the Law of Armed Conflict. Considering the new ‘Hybrid Threat’ concept, which had recently been discussed by NATO, the authors recognise from the perspective of International Law the need for adopting a comprehensive leg...
Article
Full-text available
Multimodal, low intensity, kinetic as well as non-kinetic threats to international peace and security including cyber war, low intensity asymmetric conflict scenarios, global terrorism, piracy, transnational organized crime, demographic challenges, resources security, retrenchment from globalization and the proliferation of weapons of mass destruct...
Article
Full-text available
The use of drones and other forms of targeted killings are being increasingly criticized at the international and domestic level. Before the backdrop of the most recent news that the United Nations has launched an inquiry into the overall legality of such a method of warfare and counter-terrorism and its associated loss of civilian life, this artic...
Article
Full-text available
This paper analyzes the influence of transnational actors on compliance with international legal rules, as part of Foucault’s power/knowledge structure. Particularly it examines the effect of the “Shooting Back” project, by the Israeli NGO B’Tselem, on the level of investigations of alleged violations of the law of occupation. According to Bentham’...
Article
Full-text available
The principal aim of this article is to highlight the evolving concepts and ideas of Corporate Human Rights Responsibility (CHRR) under international law and how it relates to other concepts of corporate responsibility. The point of departure is the observation that there is the need to close an existing impunity gap of Western and emerging market...
Article
Full-text available
The use of drones and other forms of targeted killings are being increasingly criticized at the international and domestic level. Before the backdrop of the most recent news that the United Nations has launched an inquiry into the overall legality of such a method of warfare and counterterrorism and its associated loss of civilian life, this articl...
Article
Full-text available
Colonialism has had a huge impact upon the legal systems of countries around the world. The historical impact of the British Empire can still be felt today in countries as diverse as Australia and South Africa. This effect is explored in both these countries, both in its historical form of racial discrimination, as well as the modern consequences o...
Article
Full-text available
Modern threats to international peace and security from so called “Hybrid Threats”, multimodal threats such as cyber war, low intensity asymmetric conflict scenarios, global terrorism etc. which involve a diverse and broad community of affected stakeholders involving both regional and international organisations/structures, also pose further questi...
Article
Full-text available
The end of the so-called "Cold War" has seen a change in the nature of present threats and with it to the overall role and mission of NATO, the North Atlantic Treaty Organization. The collapse of the Soviet Union and the Warsaw Pact in 1991 also removed the original raison d’etre of the Alliance: the prospect of having to repel a Soviet led attack...
Article
Full-text available
Global international terrorism depends on financial support by individual and corporate “sponsors” of such crimes. Consequently, a possible way to combat terrorism is to limit access to such funding. The financing of terrorism is a global phenomenon which requires a well - co-ordinate, multilateral response involving a variety of international stak...
Article
Full-text available
Global terrorist activities depend directly on financial economic support from a multitude of donors, both individual and corporate. Terrorist financing is a global problem which is closely linked to international crimes such as money laundering and organized crime. Consequently, possible responses have to constitute co-ordinated, multi-lateral and...
Article
Full-text available
On 11 June 2011, the United Nations Human Rights Council endorsed the ‘Guiding Principles for Business and Human Rights’ as a new set of guiding principles for global business designed to provide a global standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. This outcome was preceded by an e...
Article
Full-text available
Does it matter to a member of the military whether the military campaign in which he is taking part is lawful or not? Despite the observation that the crime of aggression (post Kampala 2010) constitutes a ‘leadership crime par excellence,’ which limits any (future) criminal responsibility accordingly, the legality or illegality of any military acti...
Article
Full-text available
The benefits of bilateral agreements in regard to international cartels are clear: only a synchronized and international approach will help the developing nations in protecting their markets from unfair competition practices. This article shows the state of anti-cartel policies and legislation in selected jurisdictions, the present state of the coo...
Article
Full-text available
Global terrorist activities require financial economic support and a way to combat terrorism is to limit access to such funding. Terrorist financing is a global problem which is closely linked to money laundering and requires a well-co-ordinated, multilateral response through international bodies, such as the United Nations Security Council, the Fi...
Article
Full-text available
The killing of Mahmoud al-Mabhou reportedly by agents of Israel’s Mossad service in Dubai a year ago serves as a quick reminder that extrajudicial executions, assassinations and other targeted killing operations are taking place and are part of a modern democracy’s arsenal of antiterrorism and counter-terrorism means. Targeted Killing Operations re...
Article
Full-text available
This article aims to assess the impact that the European Convention of Human Rights, incorporated into British law through the Human Rights Act 1998, has had on the control order regime in the United Kingdom. It will discuss recent British jurisprudence on the topical question whether there can be a true balance between the civil liberties of an in...
Article
Full-text available
Contemporary British anti-terror legislation has been characterised by an extensive use of extra-ordinary detention measures: the Terrorism Act 2000 and Terrorism Act 2006 contain provisions, which enable the extended pre-charge detention of terror suspects beyond the limits of normal criminal procedure. The now repealed provisions of Part IV of th...
Article
Full-text available
Modern threats to international peace and security from so called “Hybrid Threats”, multimodal threats such as cyber war, low intensity asymmetric conflict scenarios, global terrorism etc. which involve a diverse and broad community of affected stakeholders involving both regional and international organisations/structures, also pose further questi...
Article
Full-text available
The subject of administering international criminal justice has again grasped our short lived attention when the decision of the prosecutor at the International Criminal Court (ICC) in The Hague to prosecute the Sudanese state president Omar Bashir made the news. This piece attempts to provide a short overview of the possibilities of holding indivi...
Article
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At a first glance, the Rumsfeld case seems to demonstrate to what extent Realpolitik may affect the quest for justice. The latter was hereby heavily affected by political and diplomatic questions and considerations by the United States secretary of state’s threat to abstain from participating in the global security conference in Munich, Germany, in...
Article
Full-text available
This monograph provides a detailed description and analysis of the existing possibilities of establishing civil liability for gross human rights violations at the regional and international scale and concludes with the recommendation that only a merged system of the existing means of human rights protection will ensure effective human rights protec...
Article
Full-text available
Thesis (LL.D.)--University of Johannesburg, 2006. Bibliographical references: leaves 264-279.
Article
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Military action by the U.S. in the war against terrorism since September 11, 2001 resulted in large numbers of detainees in Guantanamo Bay, Cuba held under executive authority and robbed of their basic procedural law privileges. The admission of detention without trial and the exclusion of access to courts and legal representation caused worldwide...

Questions

Questions (2)
This project has some real significance due to the fact that it transfers the Hybrid Warfare discussion into the GCC/ME context - significant given present threats to GCC & domestic challenges to Qatar given its strategic position in the region. 
Question
While LOAC (Law of Geneva) applies to the conflict. Proportionality, necessity and distinction as the legal prerequisites of any lawful military action determine their 'lawfulness', and not the existence of civilian collateral damage. Human Rights Law as such does not apply as LOAC is the lex specialis in times of war. However, there might be time to reconsider the existing content of LOAC in cases where a terrorist non state actor is using civilians as human shields in order to equalize a lack of military capacity, The IDF's conduct is governed by the law of Israel, as well as international law - unlike Hamas which does not acknowledge any legal rules. It might be time to rewrite some of the black letter law which I suggested already in 2011,  S-D. Bachmann & G. Kemp, ‘Aggression as ‘Organized Hypocrisy’–How the War on Terror and Hybrid
Threats Challenge the Nuremberg Legacy’, 30 The Windsor Yearbook of Access to Justice (2012) 233. Available online at http://papers.ssrn.co
m/sol3/papers.cfm?abstract_id=1871912
Any ideas?

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Projects

Projects (18)
Project
This project discusses best legislative approaches to regulate cyberspace and the introduction of an international Cyber Security Convention. The form and regulatory content of such a future convention follows the analogy of the UN Convention of the Law of the Seas in order to define sovereignty and how to establish jurisdiction over malicious cyber activities.
Project
This project brings together experts from Intellectual Property and Security Studies to investigate legal and security questions arising from 3D-printed guns
Archived project
We discuss how international law under the 1933 Montevideo Convention fails to account for Quasi-States and make recommendation of how this could be remedied.