Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Australian Implementation of the Rome Statute of the International Criminal Court

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

By reconstructing the divisive ratification debate within Australia, this chapter explains why things changed so dramatically in the period between Australia's initial support of the International Criminal Court (ICC) project and ratification. It is shown that opposition to the ICC regime within Australia was to a large extent based on a concern that ratification of the Rome Statute would fundamentally compromise Australian sovereignty by subjecting Australians to the jurisdiction of an undemocratic, unaccountable and potentially malicious international body, with the power to enforce laws of uncertain meaning that might be contrary to Australian values. Through a detailed consideration of the crime of wilful killing, the chapter also considers the effect of the domestic ratification debate on Australia's implementing legislation, which contains several examples of problematic drafting.

Keywords: Australia; domestic ratification debate; International Criminal Court; International humanitarian law; Nuremberg Trial; Rome Statute



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The Legacy of Nuremberg: Civilising Influence or Institutionalised Vengeance? — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation