Urging David Hicks be tried by military commision may be a war crime
Ruddock warned of 'war crime'
Michelle Grattan
November 11, 2006
AUSTRALIAN ministers urging that David Hicks be tried by a US military commission could be guilty of a war crime, according to eminent lawyers, including a former federal solicitor-general.
Such a trial would contravene the Geneva Convention, the lawyers claim.
It would also contravene the standards for a fair trial under Australian law provided for in the Australian Criminal Code, according to their written opinion, sent yesterday to Attorney-General Philip Ruddock by the Law Council of Australia.
Signatories are Gavan Griffith, solicitor-general of Australia 1984-97, Alastair Nicholson, former judge advocate general of the Australian Defence Force, Peter Vickery of the International Commission of Jurists, Victoria, Hilary Charlesworth, professor of International Law and Human Rights at the Australian National University, Andrew Byrnes, professor of international law, University of NSW, and Tim McCormack, Australian Red Cross professor of international humanitarian law at Melbourne University.
"Counselling or urging a trial to take place before any such military commission … would constitute a war crime under division 268 of the code," the opinion says.
This division provides for fair trials for people detained under the Geneva Convention and says failure to provide them is a war crime carrying 10 years in prison.
The opinion adds that the military commissions would be composed of officers appointed by the US defence secretary, who also controls how counsel — including defence counsel — are appointed, and administers the prosecuting authority.
To read the original article in The Age, click on:
The Age
Michelle Grattan
November 11, 2006
AUSTRALIAN ministers urging that David Hicks be tried by a US military commission could be guilty of a war crime, according to eminent lawyers, including a former federal solicitor-general.
Such a trial would contravene the Geneva Convention, the lawyers claim.
It would also contravene the standards for a fair trial under Australian law provided for in the Australian Criminal Code, according to their written opinion, sent yesterday to Attorney-General Philip Ruddock by the Law Council of Australia.
Signatories are Gavan Griffith, solicitor-general of Australia 1984-97, Alastair Nicholson, former judge advocate general of the Australian Defence Force, Peter Vickery of the International Commission of Jurists, Victoria, Hilary Charlesworth, professor of International Law and Human Rights at the Australian National University, Andrew Byrnes, professor of international law, University of NSW, and Tim McCormack, Australian Red Cross professor of international humanitarian law at Melbourne University.
"Counselling or urging a trial to take place before any such military commission … would constitute a war crime under division 268 of the code," the opinion says.
This division provides for fair trials for people detained under the Geneva Convention and says failure to provide them is a war crime carrying 10 years in prison.
The opinion adds that the military commissions would be composed of officers appointed by the US defence secretary, who also controls how counsel — including defence counsel — are appointed, and administers the prosecuting authority.
To read the original article in The Age, click on:
The Age
posted by Pax Christi @ Saturday, November 11, 2006
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