Cases before International Courts and Tribunals concerning Questions of Public International Law Involving Australia 2020

In the year 2020, Australia’s engagement with international law was oriented around several key areas. In relation to the International Criminal Court (‘ICC’), Australia submitted amicus curiae observations relating to the Court’s jurisdiction over Palestine. In addition, the ICC Office of the Prosecutor published its decision not to further investigate alleged crimes against humanity committed by Australian officials against asylum seekers and refugees in offshore detention centres. Australia also closely watched the proceedings in the International Court of Justice (‘ICJ’) regarding Myanmar’s alleged breaches of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (‘Genocide Convention’). Australia also had an active year in the sphere of international trade disputes, with several matters in the World Trade Organization

Cases before Australian Courts and Tribunals Concerning Questions of Public International Law 2020

This article summarises Australian cases from 2020, with a focus on the relevance of international law. In the year 2020, international treaties and United Nations (‘UN’) declarations were considered by Australian courts in several key areas, including: the status of Aboriginal Australians under the Constitution; discrimination claims; and migration decisions, particularly those involving deportation due to criminal conduct (that is, cases involving so-called ‘crimmigration’ law). International law was also relevant in Australian cases concerning the human rights implications of COVID-19 restrictions, with the Victorian Supreme Court observing that ‘[h]uman rights are not suspended during states of emergency or disaster’.The publication of the ‘Brereton Report’ — which documents potential war crimes by members of the Australian Defence Force (‘ADF’) in Afghanistan — underscored the relevance of both international humanitarian law and international criminal law to our own military personnel