Accountability for Torture Abroad and the Limits of the Act of State Doctrine

Abstract

This article analyses the decision of the Federal Court of Australia that a claim brought by an Australian citizen against Australian government officials, who had allegedly aided and abetted his torture at the hands of foreign governments, was not barred by the act of state doctrine. The article provides critical reflections on the reasoning of the Australian court and the limitations of the act of state doctrine. It draws out the broader implications of the decision for efforts to secure accountability for torture committed abroad and the role of domestic courts in the international legal order.

Keywords: Habib, Acts of State, Torture, Habib v Commonwealth of Australia