Iraq and the case for Australian war crimes trials

This article presents the case for Australian war crimes trials, following Australian participation in the invasion of Iraq and the subsequent deaths of as many as a million Iraqi civilians. It focuses on jus in bello (war crimes) rather than jus ad bellum (just war). The article sets out the argument and rationale that Australian war crimes trials are needed. Having established the necessity, the article identifies two of the principal alleged atrocities for which Australian officials should be held criminally accountable. It details Australian military support for the use of cluster bombs against civilians during the 2003 invasion, and senior Australian military commanders’ responsibility for planning and carrying out multiple purported war crimes during the attack on Fallujah in late 2004. The article recognises that, in order for Australian officials to be prosecuted under the International Criminal Court (ICC), all domestic remedies must be first exhausted. It therefore specifically addresses which Australian laws can be used, with particular emphasis on anti-terrorist legislation passed in 2002 under the Howard Government and the introduction into Australia’s domestic federal criminal legislation offences equivalent to the ICC Statute offences of genocide, crimes against humanity and war crimes. These provide the most applicable legal tools for prosecuting senior Australian officials for war crimes in Iraq.     

Freedom of information applications as an "evergreening" tactic: Secretary, Department of Health and Ageing v iNOVA Pharmaceuticals (Australia) Pty Ltd (2010) 191 FCR 573; [2010] FCA 1442

A recent decision of the Federal Court of Australia illustrates how patent-holding pharmaceutical companies are attempting to use Australia's Freedom of Information Act 1982 (Cth) to force Australian safety, quality and efficacy regulators to disclose whether generic competitors are attempting to enter the market. In Secretary, Department of Health and Ageing v iNova Pharmaceuticals (Australia) Pty Ltd (2010) 191 FCR 573; [2010] FCA 1442 a single judge of the Federal Court overturned a decision of the Administrative Appeals Tribunal (AAT) that would have compelled the Australian Therapeutic Goods Administration (TGA) to reveal whether they were in possession of an application to register generic versions of two iNova products: imiquimod and phentermine. In its justification to the AAT for refusing to confirm or deny the existence of any application, the TGA argued that to reveal the existence of such a document would prejudice the proper administration of the National Health Act 1953 (Cth) as it could compromise the listing of a generic on the Pharmaceutical Benefits Scheme. The AAT failed to appreciate the extent to which this revelation to a competitor would have undercut 2004 amendments to the Therapeutic Goods Act 1989 (Cth) that provided penalties for evergreening tactics involving TGA notifications to drug patent-holders and 2006 amendments to the Patents Act 1990 (Cth) which protected the right of generic manufacturers to "springboard". The decision of the Federal Court is one of the first to explore the use of freedom of information legislation by patent-holders as a potential "evergreening" technique to prolong royalties by marginalising generic competition. Because of the significant amounts of money involved in ensuring rapid market entry of low-cost generic products, the issue has considerable public health significance.     

Scanning Electron Microscopy–Energy‐Dispersive X‐Ray (SEM/EDX): A Rapid Diagnostic Tool to Aid the Identification of Burnt Bone and Contested Cremains

This study investigates the use of Scanning electron microscopy–energy‐dispersive X‐ray (SEM‐EDX) as a diagnostic tool for the determination of the osseous origin of samples subjected to different temperatures. Sheep (Ovis aries) ribs of two experimental groups (fleshed and defleshed) were burned at temperatures of between 100°C and 1100°C in 100°C increments and subsequently analyzed with the SEM‐EDX to determine the atomic percentage of present elements. Three‐factor ANOVA analysis showed that neither the exposure temperature, nor whether the burning occurred with or without soft tissue present had any significant influence on the bone's overall elemental makeup (p > 0.05). The Ca/P ratio remained in the osseous typical range of between 1.6 and 2.58 in all analyzed samples. This demonstrates that even faced with high temperatures, the overall gross elemental content and atomic percentage of elements in bone remain stable, creating a unique “fingerprint” for osseous material, even after exposure to extreme conditions.     

Book reviews

The Politics of Central Europe by Attila Ágh. London: Sage Publications Ltd, 1998. Pp.xii + 244. £15.99 pb ISBN 0 7619 5032 X.

Legitimacy and the European Union by David Beetham and Christopher Lord. Harlow: Addison Wesley Longman Ltd, 1998. Pp.viii + 144. £11.99 pb ISBN 0 582 30489 X.

Party Discipline and Parliamentary Government edited by Shaun Bowler, David M. Farrell and Richard S. Katz. Columbus, OH: Ohio State University Press, 1999. Pp.ix + 304. $59.95 hb ISBN 0 8142 0796 0; $22.50 pb ISBN 0 8142 5000 9.

Conscience and Parliament edited by Philip Cowley. London and Portland, OR: Frank Cass, 1998. Pp.204 £35 hb ISBN 0 7146 4836 1; £16.50 pb ISBN 0 7146 4388 2.

The House of Lords: Its Parliamentary and Judicial Roles edited by Brice Dickson and Paul Carmichael. Oxford: Hart Publishing Ltd, 1999. Pp.258. £30 hb ISBN 1 84113 020 6.

Namibia's Post‐Apartheid Regional Institutions: The Founding Years by Joshua Bernard Forrest. Woodbridge, Suffolk: University of Rochester Press, 1999. Pp.xviii + 408. £40 hb ISBN 1 58046 028 3.

Bakom Riksdagens Fasad by Magnus Hagevi. Göteburg: Akademiförlaget, Corona, 1998. Pp.314 pb ISBN 91 24 16844 0.

Feminist Perspectives on Public Law edited by Susan Millns and Noel Whitty. London: Cavendish Publishing Limited, 1999. Pp.xviii + 306. £19.95 pb ISBN 1 85941 480 X.

Senates: Bicameralism in the Contemporary World edited by Samuel C. Patterson and Anthony Mughan. Columbus, OH: Ohio State University Press, 1999. Pp.xii + 360. $52 hb ISBN 0 8142 0810 X; $19.95 pb 0 8142 5010 6.

Deliberative Democracy in Australia: The Changing Place of Parliament by John Uhr. Cambridge: Cambridge University Press, 1998. Pp.xvi + 265. £45 hb ISBN 0 521 62458 4; £15.95 pb ISBN 0 521 62465 7.

Pursuit of Justices: Presidential Politics and the Selection of Supreme Court Nominees by David Alistair Yalof. Chicago, IL: University of Chicago Press, 1999. Pp.x + 296. £19.50 hb ISBN 0 226 94545 6.     

The status of women police officers: An international review

This paper reports on a survey of English-language police department websites, annual reports and other reports in order to identify key aspects of the status of women police internationally. Findings are reported for England and Wales, Scotland, Northern Ireland, Eire, the United States, Canada, Australia (eight departments), New Zealand, South Africa, Ghana, Nigeria, India, Pakistan, Hong Kong, Papua New Guinea, and Fiji. Data on the proportion of female officers were available from 18 of 23 locations, with a range between 5.1% and 28.8%. Recruit numbers were available for six locations, and ranged between 26.6% and 37.0%. Limited data on rank and deployment indicated overall improvements. Available longer-term trend data suggested that growth in female officers was slowing or levelling out. Overall, the study showed an urgent need to improve gender-based statistics in order to better inform strategies aimed at maximising the participation of women in policing.