International law

articles 1 to 20 of 118

Russia vetoed a proposed Security Council resolution to set up a tribunal to investigate the downing of Flight MH17. EPA/Jason Szenes

As Security Council resolution fails, there is another way to investigate MH17

Are there any other options at the international level to have the downing of Flight MH17 properly investigated and – if appropriate – prosecuted by an impartial, independent international court?
Karen Nettleton, whose daughter and grandchildren are currently in Syria, has a made a public plea for her family to be allowed to return to Australia. ABCTV

Even Khaled Sharrouf’s family has the right to come home

Whatever we think of the family of foreign fighter Khaled Sharrouf or their circumstances, they enjoy the right to return on the same footing as every other Australian citizen.
A crew of people smugglers have alleged that an Australian official paid them to return a boatload of asylum seekers to Indonesia. AAP/Customs

Is it an offence if Australians pay people smugglers to turn back?

If Australian officials did pay off people smugglers, has the government effectively joined the people smuggling trade? Has it broken any laws?
President Barack Obama and his inner circle follow the assassination of Osama bin Laden, which made headlines worldwide but is seemingly unimportant four years on. EPA/Pete Souza/White House handout

Osamacide, ‘justice’ and the deadly legacy of Bin Laden

Memories of the killing of Osama bin Laden are fading, but the legacies of al-Qaeda and the war on terror's many 'own goals' haunt us in the form of multiplying threats and lost civil liberties.
Given Australia’s involvement in Iraq, Tony Abbott cannot dismiss human rights abuses by Iraqi security forces fighting Islamic State militants. AAP/PMO

Australia has an obligation to stop human rights abuses by Iraq

Australia has a clear obligation under international law to take action to stop abuses of human rights and international humanitarian law by the ISF and Shi’a militia.
A Rabbi contemplates the desecration of hundreds of Jewish graves in France, where one of the youths arrested denied anti-Semitism was their motive. EPA/Patrick Seeger

Anti-Zionism in the courts is not kosher law

Legal artifice is being constructed to make false distinctions between unpalatable anti-Semitism and kosher anti-Zionism.
Australian David Hicks has had his conviction for providing material support to terrorist organisations overturned in the US. AAP/Nikki Short

Hicks conviction overturned – is he owed an apology or assistance?

Based on the Abbott government’s stance to date, there seems little chance of David Hicks receiving an effective remedy – at least not voluntarily
The captain of the Costa Concordia has been sentenced to 16 years' jail after the ship ran aground off the coast of Italy two years ago. EPA/Luca Zennaro

If a company causes death at sea, don’t assume that means jail time

Late last week, an Italian court sentenced the captain of the Costa Concordia cruise liner, Francesco Schettino, to 16 years' jail after finding him guilty of multiple charges of manslaughter. On January…
The internet and cloud computing transcend borders. Now it’s time for international law to catch up. Data courtesy Marc Imhoff of NASA GSFC and Christopher Elvidge of NOAA NGDC. Image by Craig Mayhew and Robert Simmon, NASA GSFC.

A new legal framework for the age of cloud computing

Cloud computing, by its very nature, transcends location, geography and territorial boundaries. Data accessed in one country might be stored half way across the world, or even in servers in multiple countries…
The High Court decision on 157 asylum seekers detained at sea in 2014 – as well as recent legislative changes – raises concerns about the rights of asylum seekers. AAP/Lukas Coch

Australia can detain asylum seekers on the high seas, the High Court decides

On Wednesday, the High Court handed down an important judgment on the legality of the interception of asylum seeker vessels and the detention of those onboard on the high seas. It ruled, by a 4:3 majority…
At the Israeli separation barrier in Bethlehem, Palestinians watch a projection of Mahmoud Abbas speaking at the UN General Assembly before a November 2012 vote that paved the way for ICC membership. EPA/Abed al Hashlamoun

What admitting Palestine to the International Criminal Court means

2015 began with Palestinian leaders having submitted the paperwork to become signatories to the Rome Statute, the document that governs the International Criminal Court (ICC). Last week, United Nations…
Torture victims will soon be lining up to sue the US. What are their chances? EPA/Facundo Arrizabalaga

Explainer: can people tortured by the CIA now sue the US?

The US Senate’s report on the torture carried out by the CIA makes shocking reading. Questions will be asked about whether individual victims can sue for compensation for losses suffered, and where they…
No other minister has the same unchecked control over the lives of other people as the immigration minister has. AAP/Lukas Coch

New law gives Morrison unprecedented control over asylum seekers

Immigration Minister Scott Morrison now has unchecked power to decide the outcomes that will affect the lives of asylum seekers and refugees coming to Australia. Previous immigration ministers have had…
A ban on resettling asylum seekers from Indonesia calls into question the rationale of Australia’s resettlement program. EPA/Hotli Simanijuntak

Questioning the queue: blocking protection to asylum seekers in Indonesia

Immigration Minister Scott Morrison has announced that asylum seekers residing in Indonesia while awaiting protection will no longer obtain resettlement in Australia. This move puts into serious question…

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