Accountability for Torture Abroad and the Limits of the Act of State Doctrine
Comments on Habib v. Commonwealth of Australia
Bibliographic Data
| ID | 12735290 |
|---|---|
| Authors | Ben Batros (International Criminal Court, corresponding author), Philippa Webb (0000-0003-3109-5009, United States Department of Justice, corresponding author) |
| Year | 2010 |
| Volume | 8 |
| Issue | 4 |
| Pages | 1153-1174 |
| Publication date | 2010-08-25 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of International Criminal Justice (JOURNAL) |
| Journal identifiers | ISSN: 1478-1395 • E-ISSN: 1478-1387 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/jicj/mqq048 |
| OpenAlex | W2909191746 |
| Language | EN |
| Citations received | 1 |
This article analyses the decision of the Federal Court of Australia that a claim brought by an Australian citizen against Australian government officials, who had allegedly aided and abetted his torture at the hands of foreign governments, was not barred by the act of state doctrine. The article provides critical reflections on the reasoning of the Australian court and the limitations of the act of state doctrine. It draws out the broader implications of the decision for efforts to secure accountability for torture committed abroad and the role of domestic courts in the international legal order
Accountability · Commonwealth · Criminal justice · Doctrine · Economic Justice · Human rights · Officer · Political science · Sociology · State (computer science · Torture · Human Rights and Development · International Law and Human Rights · Torture, Ethics, and Law · Law
| Citations per year | 0.09 |
|---|---|
| Citation span | 2015 - 2015 (1) |
| Highly cited | No |