The High Court of Australia, torture, and ‘oblique intention’ – Stephen Ranieri

(“High Court of Australia” by Malcolm Tredinnick/Flickr. Adapted from original.)

The absolute prohibition of torture, both as a matter of treaty law and international customary law, has been described as one of the ‘few issues on which international legal opinion is [most] clear’ and its transgressors rightfully identified as the ‘common enemies of mankind’. In SZTAL and SZTGM v Minister for Immigration and Border Protection [2017] HCA 34 (SZTAL), the High Court of Australia recently had cause to consider the CAT, ICCPR, and other international legal materials regarding torture, in relation to Australia’s ‘complementary protection regime’ established through the Migration Act 1958 (Cth) (Migration Act). 

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International Law Update – The Conflict in Yemen, the International Criminal Court, and the Srebrenica Massacre

Yemen

Human Rights Watch called for the release of Yemeni activist Hisham al-Omeisy, whom Human Rights Watch claims has been detained by Houthi authorities. Human Rights Watch states that al-Omeisy was arrested by 15 officers on 14 August 2017 in Sanaa. They claim he has not been charged, brought before a judge or given access to a lawyer or his family, and that he is in an undisclosed location. Amnesty International has made a similar statement.

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A Tug of War between National Security and UN Security Council Resolutions – Deniz Kayis

In December 2015, Australia’s Federal Parliament amended the Citizenship Act 2007 (Cth) (“Citizenship Act”) to add avenues by which dual citizens could lose their Australian citizenship for terror-related conduct. Much of the commentary on the amendments has focused on the justifications behind the legislation, and the implications for Australia’s compliance with international human rights. Less commentary has focused on how the new provisions interact with, and likely contravene, Australia’s international security obligations.

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