Profile

Rogier Bartels is a researcher at the Netherlands Defence Academy (NLDA) and a judge 'in training' at the District Court of Rotterdam. He holds LL.M-degrees from Utrecht University and the University of Nottingham . After obtaining his law degree in Utrecht , he continued his studies in Nottingham , where he specialised in international criminal justice and the law of armed conflict. Before starting his current positions, he was an associate legal officer in Chambers at the International Criminal Tribunal for the Former Yugoslavia (ICTY) e.g. working on the Prosecutor v. Staniši ć and Simatovi ć case. His prior working experience includes being a legal adviser at the International Humanitarian Law Division of the Netherlands Red Cross for three years. In the latter capacity, he supervised the update of Dutch state practice for the revised ICRC Study on Customary IHL, and was the founder (andconvener of the first two editions) of the Frits Kalshoven competition on International Humanitarian Law .

He is a member of the Faculty of the Law School of the Hague University of Applied Sciences, where he e.g. teaches the course "Enforcement of International Humanitarian Law" within the International Law Bachelor. Together with fellow LACPO-members Hanna Brollowski en Arjen Vermeer, he convenes the Hague Initiative for Law and Armed Conflict (see www.hilac.org). He is a researcher in the Netherlands Research Forum on the Law of Armed Conflict and Peace Operations (LACPO); and a member of the Netherlands Society of International Law (NVIR) ,

and its

Netherlands branch ( Militair Rechtelijke Vereniging ) , the European Society of International Law , and the Nederlandse Vereniging for de Rechtspraak.

Research

Mr Bartels's research interests concern international humanitarian law and the related fields international law, such as international criminal law , international human rights law, and the law on the use of force. The topic of his doctoral research is "Transnational Armed Conflicts" and deals with conflicts between states and non-state actors, or non-state actors amongst themselves, that are not confined to the territory of a single state. These situations do not fit neatly in either of the two recognised legal categories of armed conflict. Recently, such situations have been referred to in literature as an 'extra-territorial' or 'transnational armed conflict'. His research aims to explore the scope of application of IHL to and the (international) legal problems arising from such transnational conflict situations. He is supervised by Prof. Terry Gill (UvA/ Netherlands Defence Academy ) and Dr. Jann Kleffner (Swedish National Defence College).

His research is conducted within the joint research programme on 'The Role of Law in Armed Conflict and Peace Operations'  of the Amsterdam Center for International Law (of the UvA) and the Netherlands Defence Academy .

Publication

Recent and forthcoming publications include:

• "Dealing with the Principle of Proportionality in Retrospect: On the Use and Question of Usefulness of the Principle of Proportionality before International Courts and Tribunals" (paper for the 2010 ICRC/Minerva Center Conference on Proportionality in Armed Conflict; article forthcoming in 2011)
• "Verspreiding en verbreiding van het humanitair oorlogsrecht in vredestijd - De rol van nationale Rode Kruis/Rode Halve Maan verenigingen" in Militair Rechtelijk Tijdschrift , Volume 103, Issue 1 (2010)
• "Timelines, Borderlines and Conflicts - The Historical Evolution of the Legal Divide between International and Non-International Armed Conflicts", in International Review of the Red Cross No. 873 (2009)
• "Gewapend conflict is geen eenduidig begrip", in International Humanitair Recht in de Kijker, Vol. 4 (2008)
• "National Red Cross/Red Crescent Societies and International Humanitarian Law", in Israel Defense Forces Law Review, Vol. 3 (2007-2008)
• "Humanitarian Intervention After 9/11: The Link between Ius ad Bellum and Ius in Bello ", in Willem J.M. van Genugten, Michael P. Scharf & Sasha E. Radin (eds.), Criminal Jurisdiction 100 years after the 1907 Hague Peace Conference - Proceedings of the 8th Hague Joint Conference (2007) , T.M.C. Asser Press (2009) (Chapter 9)
• "Ondanks (verdrags)verplichtingen geen mensenrechteneducatie in Nederland?", in Nederlands Juristenblad , Vol. 83 Issue 43 (5 December 2008) (with Barbara Oomen en Ton van den Brandt)
• "Definitie van gewapend conflict: Hoe 'binnenlands' is 'niet-internationaal'", in Nederlands Juristenblad , Vol. 83 Issue 38 (31 October 2008) (with Jeroen van den Boogaard) (and "Naschrift" in Vol. 84 Issue 6 of 13 February 2009)
• "Book Review - Paul Ducheine, Krijgsmacht, Geweldgebruik & Terreurbestrijding", in Militaire Spectator, Vol. 177 Issue 9 (2008)
• " Prosecutor v. Gali ć - Commentary", in Andr é Klip and G ö ran Sluiter (eds), annotated Leading Cases of International Criminal Tribunals 15: The International Criminal Tribunal for the former Yugoslavia Vol. 14 October 2003 - 5 December 2003, Intersentia (2008)    

• Timelines, Borderlines and Conflicts, IRRC no 873

• Gewapend conflict is geen eenduidig begrip, IHR in de Kijker 2008

Teaching

Mr Bartels teaches at the Hague University . He has giving guest lectures at various universities and at the military training centres in the Netherlands and abroad (such as Serbia). Together with Jean-Marie Henckaerts and Jeroen van den Boogaard, he taught a two day 'guest seminar' at the University of Tilburg as part of its LL.M.-programme. Since 2007, he has giving lectures and organised simulations on IHL/ICL as part of the VU University Amsterdam's LL.M.-programme. He also has taught judges from Jordan , Nepal , and Laos on issues of IHL and human rights law as part of the Hague Forum for Judicial Expertise (www.hfje.nl). He further participated in various conferences, academic seminars and workshops on international legal and/or humanitarian issues.

Contact details

rj.bartels@nlda.nl

+31 (0)76 5274041 or +31 (0)6 24633492

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