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The Conversation
Politics
Donald Rothwell, Professor of International Law, Australian National University

The International Criminal Court is unlikely to prosecute alleged Australian war crimes – here's why

ICC War Crimes the International Criminal Court Australia Jacqui Lambie United States War Crime ADF Oliver Schulz Afghanistan

For the first time, Australians have been referred to the International Criminal Court (ICC) for investigation into alleged Afghan war crimes.

That Senator Jacqui Lambie has instigated this process is even more extraordinary as it’s the first time any Australian MP has taken that step.

Lambie’s ICC referral focuses on the legal responsibility of Australian Defence Force (ADF) commanders who knew, or should have known, about alleged war crimes committed by their forces in Afghanistan.

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