Chapter

The Australian experience of conducting war crimes trials

Vasko Nastevski

Accountability for violations of international humanitarian law : essays in honour of Tim McCormack

New York ; London : Routledge, 2016

p. 214-242

English

Nastevski looks at the Australian experience of war crimes trials since the end of World War II. He surveys war crimes legislation adopted in Australia since 1945, largely reflecting international developments to bring accountability for international crimes. He stresses that the approach taken has been piecemeal and underpinned by historical attitudes proclaiming instinctive confidence in the domestic legal system, resulting in legislative gaps that simply do not cover many of the allegations of war criminals residing in Australia. In Nastevski'y opinion Australia's experience in bringing to justice war criminals is disappointing. He argues for the necessity of enacting comprehensive war crimes legislation to provide an adequate legislative basis for the prosecution of alleged war criminals in Australia, thereby ensuring nobody is excused from facing justice in this State.

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• Accountability for violations of international humanitarian law : essays in honour of Tim McCormack / ed. by Jadranka Petrovic