Jurisdiction of the Australian Military Courts 1945-51
Australia's war crimes trials 1945-51
Leiden ; Boston : Brill Nijhoff, 2016
This chapter discusses jurisdictional issues for the Australian Military Courts arising from the War Crimes Act and its Regulations. The author deals first with the constitutional validity of the legislation and discusses the alternative heads of Commonwealth legislative competence for the legislation, as well as the consistency or otherwise of the legislation with the judicial power of the Commonwealth in Chapter III of the Constitution. The author then discusses the geographic and personal jurisdiction of the Australian Military Courts. The final section of the chapter deals with the subject matter jurisdiction of the courts. The author analyses a range of crimes - from more serious offences such as murder to relatively less serious offences such as assaulting a civilian - in order to illustrate how war crimes were identified and defined by the legislation, the parties to the trials, as well as the Military Courts themselves.
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