Melbourne Law School - Research Publications

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Author: Duxbury, Alison ×

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    Pathways to Prosecution for Australian Soldiers' Crimes in Afghanistan
    Cormier, M ; Duxbury, A ( 2020)
    It was confirmed in the Brereton report that there’s ‘credible information’ to substantiate the unlawful killing of 39 people by Australian special forces personnel in Afghanistan. These shocking allegations led Prime Minister Scott Morrison to announce last week that a special investigator’s office will be established to assist the Australian Federal Police to investigate these alleged crimes. The information contained in the Brereton report will now serve as a guide for the special investigator’s office, which will focus on gathering evidence that will be admissible in criminal prosecutions.
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    The World Health Organization as Pandemic Police?
    Duxbury, A ( 2020)
    While the idea that the World Health Organization could investigate disease in countries like weapons inspectors is interesting, there are clear problems.
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    The Curious Case of the Australian Military Court
    Duxbury, A (Taylor & Francis Ltd, 2010)
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    Bigger or Better? The Role of Human Rights and Democracy in Determining Membership of the European Institutions
    Duxbury, A (Martinus Nijhoff Publishers, 2004)
    Abstract This article traces the development of the role of human rights and democracy in determining admission to three European organizations: the Council of Europe, NATO and the EU. Despite the different functions that each organization performs, they have all assumed that prospective members must comply with human rights and democratic conditions. This is evident in both the organizations' constituent instruments and related membership documents, and also in the recent admission practice of the three organizations. But the membership practice also indicates that since their establishment the organizations have not always applied these conditions rigorously – thus there is a tension between the organizations' desire for homogenous universality (getting better) and heterogeneous universality (getting bigger). The admission practice also reveals a number of problems with the use of human rights and democratic criteria, including inconsistencies in the application of the criteria between applicants and existing members of the same organization, and inconsistencies in the application of the shared criteria across the three organizations. In the end, the development of the common membership criteria of human rights and democracy highlights both a degree of flexibility in admission decisions, as well as a progressive change in the functions of each organization.