128 research outputs found

    Advisory report on the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015

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    Terms of reference On 24 June 2015, the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 was referred to the Committee by the Attorney-General. The Attorney-General asked the Committee to also consider whether proposed section 35A of the Bill (the conviction-based cessation) should apply retrospectively to convictions prior to the commencement of the Act

    The UK, interrogation and Iraq, 2003-8

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    The UK’s interrogation operations during the conflict in Iraq (2003-8) are often portrayed by the media as involving significant amounts of mistreatment. The article demonstrates that these practices are not necessarily representative of the UK’s interrogation operations across this conflict. In doing so it contributes to the limited literature on the practice of interrogation and on the UK’s combat operations in Iraq. The UK’s interrogation capability, and therefore its intelligence-gathering capability, is shown to have rested primarily with the military’s Joint Forward Interrogation Team (JFIT). The JFIT suffered from limitations to the number, training and experience of its interrogators and interpreters. It is argued that maintaining a permanent, higher level of preparedness, for interrogation by the British armed forces is desirable

    British Torture in the 'War on Terror'

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    Despite longstanding allegations of UK involvement in prisoner abuse during counterterrorism operations as part of the US-led ‘war on terror’, a consistent narrative emanating from British government officials is that Britain neither uses, condones nor facilitates torture or other cruel, inhuman, degrading treatment and punishment. We argue that such denials are untenable. We have established beyond reasonable doubt that Britain has been deeply involved in post-9/11 prisoner abuse, and we can now provide the most detailed account to date of the depth of this involvement. We argue that it is possible to identify a peculiarly British approach to torture in the ‘war on terror’, which is particularly well-suited to sustaining a narrative of denial. To explain the nature of UK involvement, we argue that it can be best understood within the context of how law and sovereign power have come to operate during the ‘war on terror’. We turn here to the work of Judith Butler, and explore the role of Britain as a ‘petty sovereign’, operating under the state of exception established by the US Executive. UK authorities have not themselves suspended the rule of law so overtly, and indeed have repeatedly insisted on their commitment to it. They have nevertheless been able to construct a rhetorical, legal and policy ‘scaffold’ that has enabled them to demonstrate at least procedural adherence to human rights norms, while at the same time allowing UK officials to acquiesce in the arbitrary exercise of sovereignty over individuals who are denied any access to appropriate representation or redress in compliance with the rule of law

    Advisory report on the counter-terrorism legislation amendment bill (No.1) 2015

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    This paper discusses the purpose of the Counter-Terrorism Legislation Amendment Bill (No. 1) 2015, and recommends it be passed with amendments. Overview On 12 November 2015, the Attorney-General, Senator the Hon George Brandis QC, introduced the Counter-Terrorism Legislation Amendment Bill (No. 1) 2015 (the Bill) into the Senate. In his second reading speech, the Attorney-General stated that: The measures introduced in this Bill reflect lessons learned from recent counter-terrorism investigations and operational activity. The Bill also gives effect to a number of recommendations from the Council of Australian Governments Review of Counter-Terrorism Legislation. The Bill seeks to maintain a careful balance between enhancing our law enforcement capabilities and protecting individual rights. The provisions set out in this Bill include a range of safeguards that also complement the suite of counter-terrorism measures introduced by this government in 2014. On the same day, the Attorney-General wrote to the Committee to refer the provisions of the Bill for inquiry and report by 15 February 2016. The Attorney-General requested that the Committee should, as far as possible, conduct its inquiry in public
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