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Dr Shane Darcy

B.A, L.L.M.,Ph.D.

Contact Details

Senior Lecturer
Irish Centre for Human Rights
NUI GALWAY

T: Ext. 3947
E: shane.darcy@nuigalway.ie
 
researcher

Biography

Shane Darcy is a senior lecturer at the Irish Centre for Human Rights and Director of the Ph.D Programme at the Centre. He holds a B.A. in Law and Accounting from the University of Limerick (2001), and LL.M (2002) and Ph.D (2005) degrees from the National University of Ireland, Galway. In 2014 he was awarded the NUI Galway President's Award for Research Excellence (Early Stage Researcher), and in 2010 the Journal of International Criminal Justice Prize. He has participated in trainings, workshops and research projects in various countries. In 2010, Shane was a visiting professor at the Legal Studies Department, Central European University, Budapest, Hungary. He was a visiting fellow at the Human Rights Program at Harvard Law School in 2013 and visiting scholar at the Centre for Public, International and Comparative Law at the University of Queensland in 2012. 

He is a member of the Editorial Board of the Business and Human Rights Journal and the Irish Yearbook of International Law and the Editorial Committee of Criminal Law Forum. He is on the National Board of Amnesty International's Irish Section and also runs the Business and Human Rights in Ireland blog.

SSRN page: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=736870  

Selected Publications

  1. Judges, Law and War: The Judicial Development of International Humanitarian Law, Cambridge University Press, 2014.
  2. ‘Retaliation and Reprisal’, in Marc Weller (ed.), The Oxford Handbook on the Prohibition of the Use of Force, Oxford University Press, 2015.
  3. ‘The Potential Role of Criminal Law in a Business and Human Rights Treaty’, in Surya Deva and David Bilchitz (eds.), Building a Treaty on Business and Human Rights: Context and Contours, Cambridge University Press, 2017.


 
 

Research Interests

Research interests are in the fields of international humanitarian law, international criminal law, business and human rights and transitional justice. Previous work has considered the judicial development of international humanitarian law, the laws of occupation, belligerent reprisals, collective responsibility and punishment, imputed criminal liability and the work of truth commissions. Shane is currently undertaking a book project on informers, collaborators and the laws of armed conflict.

Peer Reviewed Journals

  Year Publication
(2017) '‘‘The Elephant in the Room’; Corporate Tax Avoidance and Business and Human Rights’'
Shane Darcy (2017) '‘‘The Elephant in the Room’; Corporate Tax Avoidance and Business and Human Rights’'. Business and Human Rights Journal, [Details]
(2015) '‘Assistance, Direction and Control: Untangling International Judicial Opinion on Individual and State Responsibility for War Crimes by Non-State Actors’'
Shane Darcy (2015) '‘Assistance, Direction and Control: Untangling International Judicial Opinion on Individual and State Responsibility for War Crimes by Non-State Actors’'. International Review Of The Red Cross, [Details]
(2010) 'Prosecuting the War Crime of Collective Punishment Is It Time to Amend the Rome Statute?'
Darcy, S (2010) 'Prosecuting the War Crime of Collective Punishment Is It Time to Amend the Rome Statute?'. Journal Of International Criminal Justice, 8 :29-51 [DOI] [Details]
(2010) 'An Enduring Occupation: The Status of the Gaza Strip from the Perspective of International Humanitarian Law'
Reynolds,J. (2010) 'An Enduring Occupation: The Status of the Gaza Strip from the Perspective of International Humanitarian Law'. Journal of Conflict and Security Law, 15 (2):211-243 [Details]
(2007) 'Human Rights Protection during the “War on Terror”; Two Steps Back One Step Forward'
Darcy,S. (2007) 'Human Rights Protection during the “War on Terror”; Two Steps Back One Step Forward'. Minnesota Journal of International Law, 16 (2):353-370 [Details]
(2007) 'Imputed Criminal Liability and the Goals of International Justice'
Darcy,S. (2007) 'Imputed Criminal Liability and the Goals of International Justice'. Leiden Journal of International Law, 20 (2):377-404 [ARAN Link] [Details]
(2003) 'In the name of security: IDF measures and the laws of occupation'
Darcy, S (2003) 'In the name of security: IDF measures and the laws of occupation'. Middle East Policy, 10 :57-68 [Details]
(2002) 'The Rights of Minorities in States of Emergency''
Darcy,S. (2002) 'The Rights of Minorities in States of Emergency''. International Journal on Minority and Group Rights, 9 :345-369 [Details]
(2002) 'What Future for the Doctrine of Belligerent Reprisals?'
Darcy,S. (2002) 'What Future for the Doctrine of Belligerent Reprisals?'. Yearbook of International Humanitarian Law, 5 :107-130 [Details]

Books

  Year Publication
(2014) Judges, Law and War: The Judicial Development of International Humanitarian Law.
Shane Darcy (2014) Judges, Law and War: The Judicial Development of International Humanitarian Law. Cambridge: Cambridge University Press. [Details]
(2007) Collective Responsibility and Accountability under International Law.
Darcy,S. (2007) Collective Responsibility and Accountability under International Law. : BRILL; 1 edition. [Details]

Book Chapters

  Year Publication
(2017) 'The Potential Role of Criminal Law in a Business and Human Rights Treaty'
Shane Darcy (2017) 'The Potential Role of Criminal Law in a Business and Human Rights Treaty' In: Building a Treaty on Business and Human Rights: Context and Contours. Cambridge: Cambridge University Press. [Details]
(2016) 'The Principle of Legality at the Crossroads of Human Rights and International Criminal Law'
Shane Darcy (2016) 'The Principle of Legality at the Crossroads of Human Rights and International Criminal Law' In: Arcs of Justice; Essays in Honour of William A. Schabas. UK: Oxford University Press. [Details]
(2016) 'Laying the foundations: Commissions of inquiry and the development of international law'
Shane Darcy (2016) 'Laying the foundations: Commissions of inquiry and the development of international law' In: Commissions of Inquiry; Problems and Prospects. UK: Hart. [Details]
(2015) 'The Limited Reach of Superior Responsibility'
Shane Darcy (2015) 'The Limited Reach of Superior Responsibility' In: For the sake of present and future generations: Essays in honour of Roger Clark. The Netherlands: Brill. [Details]
(2015) 'The Prohibition of Collective Punishment'
Shane Darcy (2015) 'The Prohibition of Collective Punishment' In: The Geneva Conventions in Context: A Commentary. Oxford: Oxford University Press. [Details]
(2015) 'Retaliation and Reprisal'
Shane Darcy (2015) 'Retaliation and Reprisal' In: The Oxford Handbook on the Prohibition of the Use of Force. Oxford: Oxford University Press. [Details]
(2016) 'Reciprocity and Reprisals'
Shane Darcy (2016) 'Reciprocity and Reprisals' In: Routledge Handbook of the Law of Armed Conflict. New York: Routledge. [Details]
(2012) '‘The Right to a Social and International Order for the Realisation of Human Rights: Article 28 of the Universal Declaration and International Cooperation’'
Shane Darcy and Josh Curtis (2012) '‘The Right to a Social and International Order for the Realisation of Human Rights: Article 28 of the Universal Declaration and International Cooperation’' In: The Challenge of Human Rights: Past, Present and Future. London: Edward Elgar Publishing. [Details]
(2012) 'Truth Commissions, the European Union and Reparations from Business'
Shane Darcy (2012) 'Truth Commissions, the European Union and Reparations from Business' In: Building Peace in Post-conflict Situations. London: British Institute of International and Comparative Law. [ARAN Link] [Details]
(2010) 'Bridging the Gaps in the Laws of Armed Conflict? International Criminal Tribunals and the Development of Humanitarian Law'
Darcy,S. (2010) 'Bridging the Gaps in the Laws of Armed Conflict? International Criminal Tribunals and the Development of Humanitarian Law' In: International Law and Armed Conflict; Challenges in the 21st Century. T.M.C. Asser Press. [ARAN Link] [Details]
(2010) 'The Reinvention of War Crimes by the International Criminal Tribunals'
Darcy,S. (2010) 'The Reinvention of War Crimes by the International Criminal Tribunals' In: Judicial Creativity at the International Criminal Tribunals. Oxford University Press. [Details]
(2010) 'Defences to international crimes'
Darcy,S. (2010) 'Defences to international crimes' In: Handbook of International Criminal Law. Routledge. [ARAN Link] [Details]
(2007) 'The Doctrine of Superior Responsibility'
Darcy,S. (2007) 'The Doctrine of Superior Responsibility' In: Rethinking International Criminal Law. Europa Law. [Details]

Conference Publications

  Year Publication
(2016) Non-State Actors and Changing Relations in International Law, Spring Conference of the British Branch of the International Law Association
Shane Darcy (2016) ‘Fighting the Enemy Within; Counter-Intelligence by Non-State Actors and the International Law of Armed Conflict’ Non-State Actors and Changing Relations in International Law, Spring Conference of the British Branch of the International Law Association Lancaster University, [Details]
(2017) The Diverse Unities of Law, Society of Legal Scholars 108th Annual Conference
Shane Darcy (2017) 'To Serve the Enemy; Informers and the Laws of Armed Conflict’ The Diverse Unities of Law, Society of Legal Scholars 108th Annual Conference University College Dublin, [Details]

Published Reports

  Year Publication
(2012) 'Business and Human Rights in Ireland'.
Shane Darcy; Wesam Owies, Allison West; Joe Bardwell; Katie O'Dea Cadden; Aonghus Cheevers (2012) 'Business and Human Rights in Ireland'. Irish Centre for Human Rights, Galway, Ireland. [Details]
(2003) Israel's Punitive House Demolition Policy; Collective Punishment in Violation of International Law Al-Haq. West Bank Affiliate of the International Commission of Jurists: Ramallah.
Darcy,S. (2003) Israel's Punitive House Demolition Policy; Collective Punishment in Violation of International Law Al-Haq. West Bank Affiliate of the International Commission of Jurists: Ramallah. . [Details]
(2003) Galway Anti-Racism Strategy: A Legal Analysis. Human Rights for Change Report for Galway City Partnership.
Cullen, A,Gilbert,J, Keane,D. (2003) Galway Anti-Racism Strategy: A Legal Analysis. Human Rights for Change Report for Galway City Partnership. . [Details]

Edited Books

  Year Publication
(2010) Judicial Creativity at the International Criminal Tribunals.
Darcy,S; Powderly,J (Ed.). (2010) Judicial Creativity at the International Criminal Tribunals Judicial Creativity at the International Criminal Tribunals. Oxford: Oxford University Press. [Details]
(2005) Truth Commissions and Courts.
Schabas,W.A; Darcy,S (Ed.). (2005) Truth Commissions and Courts Truth Commissions and Courts. The Hague: Kluwer Academic Publishers. [Details]

Other Journals

  Year Publication
(2015) '‘Battling for the Rights to Privacy and Data Protection in the Irish Courts; Schrems v. Data Protection Commissioner’ (case note)'
Shane Darcy (2015) '‘Battling for the Rights to Privacy and Data Protection in the Irish Courts; Schrems v. Data Protection Commissioner’ (case note)' Utrecht Journal of International and European Law, 31 (80) :131-136. [Details]
(2002) 'Preventive Detention and Post-September 11th Legislation'
Darcy,S. (2002) 'Preventive Detention and Post-September 11th Legislation' Trinity College Law Review, 5 . [Details]
(2003) 'Punitive House Demolitions, the Prohibition of Collective Punishment and the Supreme Court of Israel'
Darcy,S. (2003) 'Punitive House Demolitions, the Prohibition of Collective Punishment and the Supreme Court of Israel' Penn State International Law Review, 21 :477-507. [Details]
(2003) 'Demolishing Justice in the West Bank and Gaza: The Israeli Defence Forces'
Darcy,S. (2003) 'Demolishing Justice in the West Bank and Gaza: The Israeli Defence Forces' Ongoing Policy of Punitive House Demolitions' Nottingham Human Rights Law Review Student Supplement 2002-2003, . [Details]
(2004) 'An Effective Measure of Bringing Justice?: The Joint Criminal Enterprise Doctrine of the International Criminal Tribunal for the Former Yugoslavia'
Darcy,S. (2004) 'An Effective Measure of Bringing Justice?: The Joint Criminal Enterprise Doctrine of the International Criminal Tribunal for the Former Yugoslavia' American University International Law Review, 20 (1) :153-191. [Details]
(2004) 'Achieving De Facto Equality between Men and Women; Making the Employment Equality Act 1998 Work'
Darcy,S. (2004) 'Achieving De Facto Equality between Men and Women; Making the Employment Equality Act 1998 Work' Irish Law Times, 13 :199-203. [Details]
(2009) 'Business and Development: A two-way street? Corporations, Human Rights and the Accountability Challenge'
Darcy,S. (2009) 'Business and Development: A two-way street? Corporations, Human Rights and the Accountability Challenge' Trócaire Development Review, :21-35. [Details]

Conference Contributions

  Year Publication
Roundtable on Business and Human Rights; Exploring the Contours of a Treaty,
Shane Darcy ‘The Potential Role of (International) Criminal Law in a Business and Human Rights Treaty’. [Conference Paper], Roundtable on Business and Human Rights; Exploring the Contours of a Treaty, International Commission of Jurists, Geneva - 19-NOV-15. [Details]
(2015) Commissions of Inquiry: Problems and Prospects,
Shane Darcy (2015) 'Commissions of Inquiry: Applying or Developing International Law?'. [Conference Paper], Commissions of Inquiry: Problems and Prospects, University of Liverpool , 16-JAN-15 - 16-JAN-15. [Details]
(2015) Geneva for Human Rights & Friedrich Ebert Stiftung, Brainstorming Session on Business and Human Rights,,
Shane Darcy (2015) ‘A Binding Instrument on Business and Human Rights?’. [Keynote Address], Geneva for Human Rights & Friedrich Ebert Stiftung, Brainstorming Session on Business and Human Rights,, Geneva , 26-FEB-15 - 26-FEB-15. [Details]
(2015) The Human Rights Impact of Tax and Fiscal Policy,
Shane Darcy (2015) ‘Corporation Tax and the Business and Human Rights Agenda’. [Conference Paper], The Human Rights Impact of Tax and Fiscal Policy, Dublin , 12-FEB-15 - 12-FEB-15. [Details]
(2014) Palestine and International Law, First International Conference of the Palestinian Bar Association,
Shane Darcy (2014) ‘Legal Means for Challenging Settlements’. [Invited Paper], Palestine and International Law, First International Conference of the Palestinian Bar Association, Jericho, Palestine , 21-JAN-14 - 22-JAN-14. [Details]
(2014) International Conference on the Evolution of Legal Concepts in Light of Evolution of International Criminal Courts/Tribunals,
Shane Darcy (2014) ‘International Judicial Bodies and the Development of International Humanitarian Law’. [Conference Paper], International Conference on the Evolution of Legal Concepts in Light of Evolution of International Criminal Courts/Tribunals, Tehran, Iran , 20-FEB-14 - 20-FEB-14. [Details]
(2014) The “Cross-Fertilisation” Rhetoric in Question: Use and Abuse of the European Court’s Jurisprudence by International Criminal Tribunals,
Shane Darcy (2014) ‘The Principle of Legality at the Crossroad of Human Rights and International Criminal Law’. [Conference Paper], The “Cross-Fertilisation” Rhetoric in Question: Use and Abuse of the European Court’s Jurisprudence by International Criminal Tribunals, Edge Hill University, England , 13-JUN-14 - 14-JUN-14. [Details]
(2014) Law, Conflicts and the Role of Courts,
Shane Darcy (2014) ‘The Role of International Courts’. [Invited Oral Presentation], Law, Conflicts and the Role of Courts, Geneva , 08-OCT-14 - 08-OCT-14. [Details]
(2013) International Conference on the Implementation of the UN Guiding Principles on Business and Human Rights in Spain,
Shane Darcy (2013) ‘Implementation of the United Nations Guiding Principles on Business and Human Rights in Ireland: Challenges and Prospects’. [Conference Paper], International Conference on the Implementation of the UN Guiding Principles on Business and Human Rights in Spain, Seville, Spain , 04-NOV-13 - 06-NOV-13. [Details]
(2011) Judicial Creativity at the International Criminal Tribunals, Research Seminar of the Netherlands School of Human Rights Research,
Shane Darcy (2011) ‘Judicial Creativity and the Law of War Crimes’. [Invited Paper], Judicial Creativity at the International Criminal Tribunals, Research Seminar of the Netherlands School of Human Rights Research, The Hague , 14-NOV-11 - 14-NOV-11. [Details]
(2011) Building Peace in Post-Conflict Situations,,
Shane Darcy (2011) ‘Truth and Reconciliation Commissions’. [Invited Paper], Building Peace in Post-Conflict Situations,, British Institute of International and Comparative Law, London , 17-FEB-11 - 17-FEB-11. [Details]
(2010) Corporations and Armed Conflict: The Role of International Law,
Shane Darcy (2010) The Role of Truth Commission in Articulating Norms [joint paper with Prof Anita Ramasastray]. [Conference Paper], Corporations and Armed Conflict: The Role of International Law, NUI Galway , 08-APR-10 - 09-APR-10. [Details]
(2010) Irish-American Human Rights Exchange,
Shane Darcy (2010) Judging War Crimes: The Legacy of the Ad Hoc Tribunals. [Chaired Session], Irish-American Human Rights Exchange, Center for Civil and Human Rights, University of Notre Dame, South Bend, USA , 09-OCT-10 - 10-OCT-09. [Details]
(2008) International Law and Armed Conflict Symposium,
Shane Darcy (2008) ‘Bridging the Gaps in the Laws of Armed Conflict? International Criminal Tribunals and the Development of Humanitarian Law’. [Conference Paper], International Law and Armed Conflict Symposium, University of the West of England , 03-SEP-08 - 05-SEP-08. [Details]
(2008) Palestine and International Law,
Shane Darcy (2008) ‘Occupied Territory or Hostile Entity? The Status of Gaza under International Law’. [Conference Paper], Palestine and International Law, School of International Relations, Tehran, Iran , 12-MAY-08 - 13-MAY-08. [Details]
(2007) The Socio-Legal Studies Association Annual Conference 2007,
Shane Darcy (2007) ‘Accountability and the Legal Obligations of Corporate Entities in Times of Conflict and Transition’. [Conference Paper], The Socio-Legal Studies Association Annual Conference 2007, University of Kent, Canterbury , 03-APR-07 - 05-APR-07. [Details]

Book Review

  Year Publication
(2016) Hin-Yan Liu, Law’s Impunity; Responsibility and the Modern Private Military Company.
Shane Darcy (2016) Hin-Yan Liu, Law’s Impunity; Responsibility and the Modern Private Military Company. Book Review [Details]
(2014) The Role of National Courts in Applying International Humanitarian Law.
Darcy, S (2014) The Role of National Courts in Applying International Humanitarian Law. Book Review [DOI] [Details]
(2014) Sharon Weill, The Role of National Courts in Applying International Humanitarian Law.
Shane Darcy (2014) Sharon Weill, The Role of National Courts in Applying International Humanitarian Law. Book Review [Details]
(2012) 'Global Justice and Due Process' by Larry May in 38 Social Theory and Practice 3, 567.
Shane Darcy (2012) 'Global Justice and Due Process' by Larry May in 38 Social Theory and Practice 3, 567. Book Review [Details]
(2008) The Prohibition of Propaganda for War in International Law by Michael Kearney in 3 Irish Yearbook of International Law, 214.
Shane Darcy (2008) The Prohibition of Propaganda for War in International Law by Michael Kearney in 3 Irish Yearbook of International Law, 214. Book Review [Details]
(2008) War Crimes Tribunals and Transitional Justice; The Tokyo Trial and the Nuremberg Legacy. Criminal Law Forum.
Darcy,S. (2008) War Crimes Tribunals and Transitional Justice; The Tokyo Trial and the Nuremberg Legacy. Criminal Law Forum. Book Review [Details]
(2008) UN Peacekeeping in Lebanon Somalia and Kosovo; Operational and Legal Issues in Practice. Journal of Conflict and Security Law.
Darcy,S. (2008) UN Peacekeeping in Lebanon Somalia and Kosovo; Operational and Legal Issues in Practice. Journal of Conflict and Security Law. Book Review [Details]
(2006) The Impact of Human Rights Law on Armed Forces. Criminal Law Forum.
Darcy,S. (2006) The Impact of Human Rights Law on Armed Forces. Criminal Law Forum. Book Review [Details]
(2006) Teaching International Criminal Law. International Criminal Law; Cases and Materials - 2nd edn.
Darcy,S. (2006) Teaching International Criminal Law. International Criminal Law; Cases and Materials - 2nd edn. Book Review [Details]
(2005) Mine Action After Diana; Progress in the Struggle Against Landmines. Ethnic Conflict Research Digest.
Darcy,S. (2005) Mine Action After Diana; Progress in the Struggle Against Landmines. Ethnic Conflict Research Digest. Book Review [Details]
(2005) Russia's Restless Frontier; The Chechnya Factor in Post-Soviet Russia. Ethnic Conflict Research Digest.
Darcy,S. (2005) Russia's Restless Frontier; The Chechnya Factor in Post-Soviet Russia. Ethnic Conflict Research Digest. Book Review [Details]

Guest Lectures

  Year Publication
(2015) ‘Corporate Tax Avoidance and the Business and Human Rights Agenda’.
Shane Darcy (2015) ‘Corporate Tax Avoidance and the Business and Human Rights Agenda’. Global Mondays Lecture, University of Washington, Seattle: Guest Lectures [Details]

Invited Lectures

  Year Publication
(2015) ‘A Binding Instrument on Business and Human Rights?’.
Shane Darcy (2015) ‘A Binding Instrument on Business and Human Rights?’. Geneva for Human Rights & Friedrich Ebert Stiftung, Brainstorming Session on Business & Human Rights: Invited Lectures [Details]

Invited Seminars

  Year Publication
(2015) ‘In the Shadows of Conflict and Law: Wartime Collaborators and International Humanitarian Law’.
Shane Darcy (2015) ‘In the Shadows of Conflict and Law: Wartime Collaborators and International Humanitarian Law’. School of Law Faculty Colloquium, University of Washington, Seattle: Invited Seminars [Details]

Magazine Article

  Year Publication
(2015) ‘Leveraging State largesse for human rights’.
Shane Darcy (2015) ‘Leveraging State largesse for human rights’. Magazine Article [Details]

Newspaper Articles

  Year Publication
(2012) ‘Putting Human Rights First’.
Shane Darcy (2012) ‘Putting Human Rights First’. Newspaper Articles [Details]

Other Item

  Year Publication
(2013) ‘Military force against Syria would be a reprisal rather than humanitarian intervention, but that doesn’t make it any more lawful’.
Shane Darcy (2013) ‘Military force against Syria would be a reprisal rather than humanitarian intervention, but that doesn’t make it any more lawful’. Other Item [Details]
(2008) Dilemmas of Delayed Justice for the Crimes of the Khmer Rouge. Oxford Transitional Justice Group: Research Working Paper Series.
Darcy,S et. al. (2008) Dilemmas of Delayed Justice for the Crimes of the Khmer Rouge. Oxford Transitional Justice Group: Research Working Paper Series. Other Item [Details]
(2004) Darfur: African Union force may be too little too late. Village.
Darcy,S. (2004) Darfur: African Union force may be too little too late. Village. Other Item [Details]

Honours and Awards

  Year Title Awarding Body
2014 President’s Award for Research (Early Stage Researcher) NUI Galway
2010 Journal of International Criminal Justice Prize for the best paper published Journal of International Criminal Justice Prize
2008 John Kable, QC, Memorial Young Lawyer Award International Society for the Reform of Criminal Law
2007 Eda Sagarra Medal for excellence in the Humanities and Socia Irish Research Council for the Humanities and Social Sciences

Teaching Interests

  1. Introduction to International Criminal Law (LW520)
  2. Business and Human Rights (LW432)
  3. Transitional Justice (LW538)