O'Sullivan, Carmel (2024) Command Responsibility in the Brereton Report: Weakened Accountability and the Threat to Rights, Freedoms and Reputation. University of New South Wales Law Journal, 47. pp. 519-547.

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Abstract

While the Brereton Report found that there was credible information that Australian soldiers committed numerous war crimes, it stated that no commander above patrol level should bear criminal responsibility. The wide spectrum of standards adopted for command responsibility in international law means that there is some basis to argue that applying the Brereton Report’s standard would comply with Australia’s international obligations. However, this standard does not offer the best balance of upholding high criminal justice standards and ensuring convictions are ‘deserved’, while deterring serious violations of rights during armed conflicts, such as the right to life and freedom from torture. In addition, a failure to address the scepticism that no Australian commander above patrol level is legally accountable raises questions of adherence to the rule of law. It may impact on Australia’s standing and its perceived commitment to international criminal justice

Item ID:	89033
Item Type:	Article (Research - C1)
ISSN:	1839-2881
Date Deposited:	22 Oct 2025 02:43
FoR Codes:	48 LAW AND LEGAL STUDIES > 4899 Other law and legal studies > 489999 Other law and legal studies not elsewhere classified @ 100%
SEO Codes:	23 LAW, POLITICS AND COMMUNITY SERVICES > 2304 Justice and the law > 230403 Criminal justice @ 100%
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