eCite Digital Repository

The Public Commission to Examine the Maritime Incident of 31 May 2010: The Turkel Commission Second Report, Israelís Mechanisms for Examining and Investigating Complaints and Claims of Violations of the Laws of Armed Conflict According to International Law: Australian Law and Practice Relevant to Investigation and Prosecution of LOAC Violations

Citation

McCormack, T, The Public Commission to Examine the Maritime Incident of 31 May 2010: The Turkel Commission Second Report, Israel's Mechanisms for Examining and Investigating Complaints and Claims of Violations of the Laws of Armed Conflict According to International Law: Australian Law and Practice Relevant to Investigation and Prosecution of LOAC Violations, Government of Israel, Israel, 2 (2013) [Consultants Report]


Preview
PDF
Pending copyright assessment - Request a copy
2Mb

Preview
PDF
Pending copyright assessment - Request a copy
4Mb

Official URL: http://www.pmo.gov.il/English/MediaCenter/Events/D...

Abstract

The Australian military justice system is currently in flux. Major amendments made in 2006 have been reversed following a ruling in 2009 that the centrepiece of the proposed new regime, the Australian Military Court, was unconstitutional. Following this ruling, Australia reverted to the court martial system formerly in place. However, further changes are expected in future and draft legislation for extensive reform is listed for introduction to Parliament.

This section provides general information about the Australian legislative provisions relevant to the law of armed conflict, and then about the history and present state of the military justice system.

It should be noted that there have been very few allegations of violations of the law of armed conflict (LOAC) against members of the Australian Defence Force (ADF), so there is little concrete precedent in the area of investigations or prosecutions (see [83]-[85]below). Moreover, while there has been significant debate about the appropriate form of the military justice system, this debate has generally focused on how best to protect the rights of members of the ADF (as both alleged wrongdoers, and as victims) while maintaining military discipline, rather than on any need for greater responsiveness to allegations of wrongdoing perpetrated by members of the ADF against civilians or other individuals outside the ADF.

http://www.hamoked.org/files/2013/1157610_eng.pdf

Item Details

Item Type:Consultants Report
Keywords:report, israel
Research Division:Law and Legal Studies
Research Group:Law
Research Field:Law not elsewhere classified
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the Law
Objective Field:Justice and the Law not elsewhere classified
Author:McCormack, T (Professor Tim McCormack)
ID Code:122310
Year Published:2013
Deposited By:Office of Law
Deposited On:2017-11-09
Last Modified:2017-11-09
Downloads:0

Repository Staff Only: item control page