James Upcher Memorial Scholarship

Dr James Upcher

Fietta LLP and Oxford University Law Faculty have an established DPhil scholarship in memory of James Upcher, who passed away tragically on 18 May 2017, aged 37.

The James Upcher Memorial Scholarship is intended to facilitate post-graduate study at Oxford by those who, like James, have a passion for public international law and its practical application as a force for good in today’s fast-changing world.

James was a DPhil student at Oxford’s Merton College, gaining his doctorate in 2006. His thesis examined the rights and duties of neutral or non-belligerent States (i.e., States that do not participate in an armed conflict) in international law. In 2004, when an undergraduate at the University of Tasmania, James was awarded the Tim Hawkins Memorial Scholarship, which provided an opportunity to intern at the International Court of Justice in the Hague. In his own words, James explained where this legal interest was born:

“I have always had an academic interest in international law and was particularly drawn to international humanitarian law from the beginning of my studies. The legal regulation of armed conflict presents issues of moral philosophy in an acutely practical context; these very difficult issues have to be translated into a legal framework that is clear and effective. The events of 11 September 2001 and subsequent acts of global terrorism – one of which tragically took Tim Hawkins’ life – have given rise to new and urgent questions of international humanitarian law.”

James was a consultant at Fietta from its foundation, and had been a colleague of several of us at the firm for years before that. He was one of the leading public international lawyers of his generation, as both an academic and a practitioner. Most importantly, he was also a close friend, mentor, humourist and an inspiration to all who worked with him and knew him well.

The first recipient of the Scholarship was Tsvetelina van Benthem, also of Merton College. Tsvetelina’s DPhil examined the regulation of mistaken targeting and accidental engagements under the law of armed conflict and international criminal law. Her project provided a comprehensive doctrinal analysis of the relationship between mistaken and accidental engagements and the primary rules of international humanitarian law and international criminal law. The inquiry had a direct bearing on questions of responsibility under international law, both for States and for individuals. Tsvetelina’s findings have implications for obligations under other fields, such as the regulation of the arms trade. Overall, it is hoped that Tsvetelina’s DPhil will contribute to the emerging conversation on risks and uncertainty in armed conflict.