Suspected War Criminals in Australia: Law and Policy

42 Pages Posted: 28 Sep 2016 Last revised: 7 Dec 2017

Date Written: 2016

Abstract

The current conflicts in Syria and Iraq have for the first time in many years brought to public consciousness the issue of war criminals in Australia. Australia has historically dealt with this issue in a reactive fashion and with varying success, through the domestic prosecution of offenders, immigration screening procedures and extradition. These approaches have, however, generally been incongruent in theory and application. This article examines the issue of war criminals in Australia and demonstrates that Australia has an incomplete and largely dormant enforcement apparatus, a problematic immigration regime and a poor record of extraditing war criminals. Australia is in need of a coordinated and coherent policy and legal responses that re-emphasise the role of domestic investigations and prosecutions, if it is to rise to the challenge of ‘putting an end to impunity’ and assert itself as a nation committed to international criminal justice.

Suggested Citation

Boas, Gideon John and Chifflet, Pascale, Suspected War Criminals in Australia: Law and Policy (2016). Melbourne University Law Review, Vol. 40, No. 1, 2016, La Trobe Law School - Law & Justice Research Paper Series Paper No. 16-13, Monash University Faculty of Law Legal Studies Research Paper No. 2016/03, Available at SSRN: https://ssrn.com/abstract=2839658

Gideon John Boas

La Trobe Law School ( email )

La Trobe University
Bundoora, VIC 3083 3142
Australia

Pascale Chifflet (Contact Author)

La Trobe Law School ( email )

La Trobe University
Bundoora, VIC 3083 3142
Australia
+61 3 9479 2697 (Phone)
+61 3 9479 1607 (Fax)

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