Iraq and the case for Australian war crimes trials |
| |
Authors: | Chris Doran Tim Anderson |
| |
Institution: | (1) Bloomington, USA;(2) Political Economy Department of Sydney University, Sydney, Australia |
| |
Abstract: | 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. |
| |
Keywords: | |
本文献已被 SpringerLink 等数据库收录! |
|