'Flying Under the Radar'. The Use of Lethal Force Against Hijacked Aircraft: Recent Australian Developments

Oxford University Commonwealth Law Journal, 7 2: 265-277, 2007

Posted: 20 Jun 2015

See all articles by Simon H Bronitt

Simon H Bronitt

Sydney Law School, The University of Sydney

Dale Stephens

Adelaide Research Unit on Military Law and Ethics (RUMLAE)

Date Written: 2007

Abstract

The use of lethal force to prevent terrorist attacks raises a range of legal, moral and policy challenges. This note examines recent legislative changes in Australia which empower the military to use lethal force against hijacked aircraft. These special powers are contained in Part III AAA of the Defence Act 1903 (Cth), which deals with the ‘call out’ of the military in aid of civil power. These powers to use reasonable and necessary force depart from the conventional criminal law doctrines of necessity and self defence, embracing a broader national security paradigm. This paradigm shift is reflected in the inclusion of powers to use lethal force to protect designated critical infrastructure and a special defence of superior orders. As the note concludes, these reforms reveal the growing influence of international law, particularly the law of armed conflict, on the development of domestic criminal law in Australia.

JEL Classification: K00

Suggested Citation

Bronitt, Simon H and Stephens, Dale, 'Flying Under the Radar'. The Use of Lethal Force Against Hijacked Aircraft: Recent Australian Developments (2007). Oxford University Commonwealth Law Journal, 7 2: 265-277, 2007. Available at SSRN: https://ssrn.com/abstract=2620530

Simon H Bronitt (Contact Author)

Sydney Law School, The University of Sydney ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

HOME PAGE: http://https://sydney.edu.au/law/

Dale Stephens

Adelaide Research Unit on Military Law and Ethics (RUMLAE) ( email )

SA 5005
Australia
+61 (0)8 8313 5937 (Phone)

Here is the Coronavirus
related research on SSRN

Paper statistics

Abstract Views
222
PlumX Metrics