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Artículos sobre International law

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Air strikes in Syria are the latest phase of the war against Islamic State, each stage involving a fresh set of moral judgements. EPA/US Air Force

Moral dilemmas of war against Islamic State lack easy answers

Every generation in recent memory has had seminal historical conflicts which demand that lessons must be learnt. The baby boomers had the Vietnam war. Their parents: the second world war. And our generation…
When Immigration Minister Scott Morrison talks of restoring integrity to the program, he isn’t fretting about meeting international legal obligations. AAP/Lukas Coch

Abandon all hope the doubly persecuted people who enter by boat

Whenever an immigration minister states that new laws will “restore integrity” to the immigration program it is clear what they mean is we have new ways of refusing cases and punishing the bad refugees…
Charting new waters. EPA/Alexey Druginyn/RIA Novosti/KREM

BRICS keep supporting Russia in bid to rebalance world power

While Western nations beef up economic sanctions and Nato discusses what stance to take toward Russia, the BRICS are maintaining tacit support for Moscow despite the Ukraine crisis. This is not entirely…
Does Tony Abbott’s justification for Australian involvement in Iraq amount to a legal basis for our commitment? AAP/Dave Hunt

Australia’s military involvement in Iraq is legal – for now

The humanitarian missions by the Royal Australian Air Force in Iraq are in accordance with international law, despite a confusing statement by Iraq’s ambassador to Australia, Mouayed Saleh. But continued…
Yes…but is it war? Inspecting weapons seized in east Ukraine. EPA/Tatyana Zenkovich

Explainer: when does a conflict become a war?

Is the conflict in Ukraine a war? This question has been raised in recent reports about a Russian invasion in Ukraine on the Caspian Sea. The USA and other NATO powers call it an “incursion”; the Baltic…
A coffin bearing the remains of a victim from flight MH17 arrives in the Netherlands. In determining compensation, the onus is on the airline to prove it wasn’t at fault or negligent. EPA/Bas Czerwinski

The loss of flight MH17: how much compensation – and who pays?

On July 17, 2014, Malaysia Airlines flight 17 (MH17) – an international passenger flight from Amsterdam to Kuala Lumpur – crashed in eastern Ukraine. All 298 passengers and crew were killed. It appears…
A strike on the UN school in Jabalia killed at least 17 people. Epa/Mohamed Saber

Attacks on UN schools in Gaza clearly breach international law

The shelling of Jabalia Elementary Girls’ School in Gaza on July 30 by Israeli forces was a shocking example of modern military action. The shelling was the sixth time a United Nations school has been…
Hamas has built an elaborate network of tunnels but not civilian bomb shelters in Gaza. EPA/Jack Guez

Civilian deaths in Gaza conflict are not automatically a war crime

Inevitably, the United Nations Human Rights Council has expressed its condemnation of Israel and launched a war crimes inquiry. The vote on July 23 followed the usual political lines that have previously…
The process of delivering the justice that foreign minister Julie Bishop demanded for MH17 victims will be neither simple nor swift. EPA/Andrew Gombert

Achieving elusive justice for flight MH17 victims will be a challenge

Addressing the United Nations Security Council, Australian foreign minister Julie Bishop condemned the downing of Malaysia Airlines flight MH17 as “barbaric” and “an absolute outrage”. She demanded justice…
Australia’s judiciary has emerged as a political and activist institution, frustrating the militarised strategies of the Abbott government in asylum policy. AAP/Lukas Coch

High Court asylum case pits the executive against the judiciary

The full bench of the High Court will hear the case of 157 Sri Lankan asylum seekers currently on an Australian customs vessel over two days, starting on August 5. But when the High Court issued an injunction…
Australia has led the international community in condemning the downing of flight MH17 and the handling of the victims’ bodies. EPA/Robert Ghement

Global law and decency: our double standards on MH17 and asylum seekers

Following the shocking news of the destruction of flight MH17, foreign minister Julie Bishop wasted no time in boarding a plane for the United Nations in New York. Australian diplomats engaged in intense…
Tragedies such as the boat sinking off Lampedusa, Italy, In October 2013 help put Australia’s asylum ‘problem’ into a global perspective. EPA/Ettore Ferrari

Australia puzzles a world with far more asylum seekers of its own

From the perspective of the global north, Australia has always been an oddity. Its policies often seem as strange and inexplicable as its fauna. “They are strange those Australians, strangers to the world…
Show of hands: the UN Security Council. EPA/Justin Lane

Explainer: international law and flight MH17

As the events surrounding the crash of Malaysia Airlines Flight MH17 over Ukraine become clearer, more and more voices are claiming the plane may have been shot down by pro-Russian separatists in eastern…
The 153 intercepted asylum seekers are reportedly being detained at sea aboard the ACV Ocean Protector, pictured here in Hobart. Flickr/Grahame Bowland

Court to rule on intercepting and transferring asylum seekers at sea

Lawyers for 153 Sri Lankan asylum seekers on a boat intercepted by the Australian government applied for a full bench of the High Court to hear its case on August 5 at a directions hearing on Friday. Whereas…
Malaysia Airlines flight MH17 as it takes off from Schiphol airport near Amsterdam, the Netherlands, at 12.31 PM July 17. EPA/Fred Neeleman

Who handles the investigation on downed flight MH17?

The investigation into what happened to Malaysia Airlines Flight MH17 and the location of the black box recorder comes down to a series of complex treaties and international law. Calls are being made by…
In its asylum policy, Australia takes advantage of the fact that international law is not automatically absorbed into its domestic legal system. AAP/Lukas Coch

Australia’s global reputation at stake in High Court asylum case

The Australian government gave an undertaking to the High Court on Wednesday that it would not surrender or deliver the asylum seekers detained on an Australian customs vessel on the high seas to Sri Lankan…
In previous cases, the High Court has held that asylum seekers detained on Christmas Island have a right to procedural fairness. AAP/Scott Fisher

Preventing asylum seekers’ return to harm through the High Court

Later today, the High Court is due to hear a challenge to the screening and transfer of a boatload of Sri Lankan asylum seekers back to Sri Lankan authorities. Under international law, return of persons…
Australia may be placing the life of Tamil asylum seekers at risk by directly handing them over to a government they claim to be fleeing without first adequately assessing their safety. AAP/Scott Fisher

Handing over Tamils to the state they fled breaks international law

Australia appears to have reached a new all-time low in its violation of international obligations and its treatment of vulnerable people seeking Australia’s protection. If widespread media reports are…
Immigration minister Scott Morrison’s proposed changes to the Migration Act are designed to reduce adherence to Australia’s international legal obligations. AAP/Alan Porritt

Punishment not protection behind Morrison’s refugee law changes

Earlier this week, immigration minister Scott Morrison introduced the Migration Amendment (Protection and Other Measures) Bill in response to a High Court decision that ruled invalid his move to cap the…

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