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. (In Press)

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DOI: 10.1177%2F1037969X19873479
View at Publisher Website: https://doi.org/10.1177%2F1037969X198734...
 
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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 wellintentioned, 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
Date Deposited: 26 Aug 2019 23:12
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180114 Human Rights Law @ 50%
18 LAW AND LEGAL STUDIES > 1801 Law > 180110 Criminal Law and Procedure @ 50%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940405 Law Reform @ 100%
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