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Polyukhovich v The Commonwealth [1991] HCA 32; (1991) 172 CLR 501, commonly referred to as the War Crimes Act Case, was a significant case decided in the High Court of Australia regarding the scope of the external affairs power in section 51(xxix) of the Constitution and the judicial power of the Commonwealth.
The Inspector-General of the Australian Defence Force Afghanistan Inquiry Report, commonly known as the Brereton Report (after the investigation head), is a report into war crimes committed by the Australian Defence Force (ADF) during the War in Afghanistan between 2005 and 2016. [1] The investigation was led by Paul Brereton, who is both a New ...
A case was filed in the Federal Court of Australia on September 20, 2006, for crimes of genocide, war crimes and crimes against humanity. Starting in 2010, numerous perpetrators were imprisoned and executed for their involvement under the jurisdiction of the International Crimes Tribunal .
Section 51 (xxix) was amended a number of times in the Constitutional Conventions that debated the draft Constitution in the 1890s. The draft Constitution adopted by the 1891 Sydney Convention allowed the Parliament to make laws with respect to "External affairs and Treaties". This wording carried through the 1897 Adelaide Convention but the ...
David William McBride (born 15 December 1963 [3]) is an Australian whistleblower and former British Army major and Australian Army lawyer. In 2016, McBride provided the Australian Broadcasting Corporation with documents that contained information about war crimes committed by Australian soldiers in Afghanistan. [4]
We are glad to announce that a case has been filed in the Federal Magistrate's Court of Australia today under the Genocide Conventions Act 1949 and War Crimes Act. This is the first time in history that someone is attending a court proceeding in relation to the [alleged] crimes of Genocide, war crimes and crimes against humanity during 1971 by ...
Allied war crimes during World War II. During World War II, the Allies committed legally proven war crimes and violations of the laws of war against either civilians or military personnel of the Axis powers. At the end of World War II, many trials of Axis war criminals took place, most famously the Nuremberg Trials and Tokyo Trials.
Polyukhovich v Commonwealth (War Crimes Act case) 1991 Mason - validity of the War Crimes Act 1945 (Cth) Harris v Caladine: 1991 Mason - judicial power may be given to a non-judicial agent provided the judges still bear the major responsibility for exercise of the power and the exercise of power is subject to court review. Re Nolan; Ex Parte ...