Australian Secret Intelligence Service's new powers: a step too far towards extraterritorial killings?
Fellows, Jamie, and Chong, Mark D. (2019) Australian Secret Intelligence Service's new powers: a step too far towards extraterritorial killings? Alternative Law Journal, 44 (4). pp. 302-307.
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Abstract
This article examines recent amendments to the Intelligence Services Act 2001 (Cth) (IS Act). The amendments provide Australian Secret Intelligence Service staff and agents with additional protection from Australian criminal prosecution when using force under certain circumstances in overseas jurisdictions. The authors assert that while well intentioned, and despite new and existing oversight provisions, the amendments allow pre-emptive use of force that could potentially be used to justify carrying out extraterritorial killings of Australians and foreign nationals, thereby breaching the lawful boundaries of Australian Secret Intelligence Service's functions.
| Item ID: | 59860 |
|---|---|
| Item Type: | Article (Research - C1) |
| ISSN: | 2398-9084 |
| Keywords: | ASIS, Accountability, Australia, criminal justice, international law (public), terrorism |
| Copyright Information: | Copyright The Author(s) 2019 |
| Date Deposited: | 26 Aug 2019 23:12 |
| FoR Codes: | 48 LAW AND LEGAL STUDIES > 4807 Public law > 480703 Domestic human rights law @ 50% 48 LAW AND LEGAL STUDIES > 4804 Law in context > 480401 Criminal law @ 50% |
| SEO Codes: | 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940405 Law Reform @ 100% |
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