Australia and International Counter-Terrorism Law and Practice

INTERNATIONAL LAW IN AUSTRALIA – 3RD EDITION, D. Rothwell, E. Crawford, eds, Thomson Reuters, Australia (2016), Forthcoming

Sydney Law School Research Paper No. 16/41

21 Pages Posted: 12 May 2016

See all articles by Ben Saul

Ben Saul

The University of Sydney Law School

Multiple version iconThere are 2 versions of this paper

Date Written: May 12, 2016

Abstract

This article assesses Australia’s approach to the development and implementation of international law addressing transnational and domestic terrorism. It first considers Australia’s engagement with treaties dealing with terrorism since the 1960s to the present, and earlier efforts by the League of Nations in the 1930s. It then tracks the various positions adopted by Australia in the UN General Assembly from the 1970s to the present. Australian practice in relation to UN Security Council measures is then examined, from implementing sanctions regimes in the 1990s to more radical law reforms to implement post-9/11 resolutions. The article then considers Australia’s involvement in regional and bilateral counter-terrorism norm development and law enforcement cooperation. It next turns to review Australia’s military action against terrorism, particularly in Afghanistan, Iraq and Africa, concluding with select human rights issues raised by Australian practice. While Australia has justified its counter-terrorism efforts in pursuit of protecting human rights to life and security, and claims that it acts consistently with its human rights obligations, a number of areas of domestic law and practice and its international activities raise serious questions about its human rights compliance. These include efforts to combat ‘foreign fighters’, including by revoking the citizenship of dual nationals suspected of terrorism, without according due process.

Keywords: Australia, terrorism, law, human rights, foreign fighters, citizenship, Islamic State

JEL Classification: K10, K30, K33

Suggested Citation

Saul, Ben, Australia and International Counter-Terrorism Law and Practice (May 12, 2016). INTERNATIONAL LAW IN AUSTRALIA – 3RD EDITION, D. Rothwell, E. Crawford, eds, Thomson Reuters, Australia (2016), Forthcoming; Sydney Law School Research Paper No. 16/41. Available at SSRN: https://ssrn.com/abstract=2778938

Ben Saul (Contact Author)

The University of Sydney Law School ( email )

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

HOME PAGE: http://https://sydney.edu.au/law/about/people/profiles/ben.saul.php

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