Dane Luo

On 21 November 2024, the International Criminal Court (ICC) issued an arrest warrant against the Israeli Prime Minister, Benjamin Netanyahu, and former Defence Minister, Yoav Gallant. The judges found reasonable grounds to believe that Netanyahu and Gallant bear criminal responsibility for the war crime of starvation as a method of warfare, and the crimes against humanity of murder, persecution, and other inhumane acts. 

After this announcement, one question that attracted attention was: ‘Will they be arrested if they step foot into Australia?’ There are several legal issues associated with this question, which are not the subject of this post. Rather, this post uses Australia’s legal framework for ICC arrest warrants and requests for arrest and surrender to highlight how the constitutional principle of dualism works, how it gives flexibility to nation-states and how issues about compliance with international law can still arise.

Lucas Lixinski

In mid-October 2021, the Joint Standing Committee on Northern Australia delivered ‘A Way Forward: Final report into the destruction of Indigenous heritage sites at Juukan Gorge’ (‘A Way Forward’, or ‘Report’). This Report makes recommendations to change Australian law to better safeguard First Nations identities and …

Jonathan Bonnitcha

The High Court’s decisions in Mineralogy v WA and Palmer v WA end the dispute between Mineralogy/Clive Palmer and the Western Australian government as a matter of Australian law. It is not, however, the end of the dispute. A Singaporean-incorporated entity in Palmer’s corporate group is now poised to commence international arbitration. …