{"title":"Australia’s Investigation of Alleged ADF War Crimes in Afghanistan","authors":"Julia Flint","doi":"10.1093/jicj/mqad032","DOIUrl":null,"url":null,"abstract":"Abstract This article examines Australia’s obligation to investigate war crimes in the context of its obligations under the Rome Statute of the International Criminal Court (ICC). This obligation is contrasted with Australia’s investigation of war crimes to date, with a particular focus on the current investigations into alleged war crimes by Australian Defence Forces in Afghanistan. The article then discusses the jurisdiction of the ICC, and the important effect of the principle of complementarity under Article 17 of the Rome Statute. The article concludes by assessing the future of war crimes investigations in Australia, drawing attention to the lessons which can be learned moving forward — both domestically and by other states facing allegations of war crimes committed by their own forces.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":"19 1","pages":"0"},"PeriodicalIF":1.5000,"publicationDate":"2023-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of International Criminal Justice","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/jicj/mqad032","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 1
Abstract
Abstract This article examines Australia’s obligation to investigate war crimes in the context of its obligations under the Rome Statute of the International Criminal Court (ICC). This obligation is contrasted with Australia’s investigation of war crimes to date, with a particular focus on the current investigations into alleged war crimes by Australian Defence Forces in Afghanistan. The article then discusses the jurisdiction of the ICC, and the important effect of the principle of complementarity under Article 17 of the Rome Statute. The article concludes by assessing the future of war crimes investigations in Australia, drawing attention to the lessons which can be learned moving forward — both domestically and by other states facing allegations of war crimes committed by their own forces.
期刊介绍：
The Journal of International Criminal Justice aims to promote a profound collective reflection on the new problems facing international law. Established by a group of distinguished criminal lawyers and international lawyers, the Journal addresses the major problems of justice from the angle of law, jurisprudence, criminology, penal philosophy, and the history of international judicial institutions. It is intended for graduate and post-graduate students, practitioners, academics, government officials, as well as the hundreds of people working for international criminal courts.
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