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Keywords: Criminal Responsibility

  • AUSTRALIA

    Spare the rod and respect the child

    • Andrew Hamilton
    • 28 March 2024
    2 Comments

    As a response to a wave of youth crime, some State Governments and Federal politicians have committed to policies that neglect the human reality of the young people concerned. This will likely have negative consequences both for those immediately affected and for society at large.

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  • AUSTRALIA

    On putting things together

    • Andrew Hamilton
    • 31 January 2024
    4 Comments

    What links the debate about the conduct of the war between Israel and Hamas in Gaza, the detention of children in a crowded and under-resourced Cairns watch house, and British legislation to send asylum seekers to Rwanda?

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  • AUSTRALIA

    Best of 2023: How Australia's asylum seeker policy has evolved over thirty years

    • Kerry Murphy
    • 04 January 2024

    Throughout recent decades of Australian history, the stance every government has taken on asylum seekers has reflected the shifting political landscapes and challenging humanitarian issues that have continually shaped Australia's response to those seeking refuge. 

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  • AUSTRALIA

    Absolute obedience: David McBride and the limits of duty

    • Binoy Kampmark
    • 30 November 2023
    3 Comments

    Charged with breaching national security for exposing alleged war crimes by Australian forces in Afghanistan, former Australian military lawyer David McBride's trial in Canberra rekindles a debate that tests the boundaries of military obedience and public interest. At the heart of this legal battle lies the question: when does the duty to expose wrongdoing outweigh the duty to follow orders?  

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  • AUSTRALIA

    The plight of the Australian whistleblower

    • Binoy Kampmark
    • 09 November 2023
    1 Comment

    Next week, former army lawyer David McBride will face trial, accused of leaking classified defence information. Meanwhile, the prospect of meaningful whistleblower reforms that would shield Australian public servants who contemplate exposing wrongdoing through the media seems remote.

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  • AUSTRALIA

    Kicking own goals in Queensland

    • Andrew Hamilton
    • 07 September 2023
    4 Comments

    On the face of it, the decision of the Queensland Government to pass an amendment to permit holding children in police cells was a desperate and discrediting action. Underneath it, however, was a complex coming together of events, prejudices and attitudes.

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  • AUSTRALIA

    Three steps back and one step forward: Three decades of asylum seekers in Australia

    • Kerry Murphy
    • 28 July 2023

    How has Australia's asylum seeker policy changed over the past thirty years? The approach of every government has reflected the shifting political landscapes and challenging humanitarian issues that have continually shaped Australia's response to those seeking refuge. 

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  • AUSTRALIA

    The cost of automated welfare

    • David Halliday
    • 17 July 2023

    In the aftermath of the Robodebt scandal, an unsettling public apathy has emerged. Beyond exposing the pitfalls of automated welfare and demanding accountability, the response — or lack thereof — spotlights a worrying indifference towards the disenfranchised.

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  • AUSTRALIA

    The refugee children of colonisation

    • Andrew Hamilton
    • 20 June 2023
    5 Comments

    Observing World Refugee Week and the Referendum on the Voice to Parliament together is appropriate because the First Peoples and later refugees have suffered in similar ways. Jordana Silverstein's latest book draws striking parallels between Australia's colonial past and the modern treatment of refugee children.

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  • AUSTRALIA

    Chasing shadows: Unmasking human trafficking in Australia

    • David Halliday
    • 19 May 2023

    In a conversation with Eureka Street, investigative journalist Nick McKenzie explores the drivers of human trafficking and sex slavery, examining the intertwined roles of law enforcement, the sex industry, and the migration sector in one of the most pressing social justice issues of our time.

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  • AUSTRALIA

    Spare the child

    • Andrew Hamilton
    • 04 May 2023
    1 Comment

    When is a child fully responsible for their actions? The State Attorneys General have met to seek agreement on raising the age of criminal responsibility to 12, provoking questions around whether children can be held fully accountable for their actions at such a young age, and whether the criminal justice system needs to focus on rehabilitation over punishment.

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  • INTERNATIONAL

    Scapegoats of war

    • Binoy Kampmark
    • 27 April 2023

    With the prosecution of low-level soldiers like SAS trooper Oliver Schulz for war crimes in Afghanistan, we should consider: what is the scope of accountability for war crimes under international and Australian law, and how does it apply to commanders who should have known about the crimes?

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