Accountability for Torture Abroad and the Limits of the Act of State Doctrine: Comments on Habib v. Commonwealth of Australia

TY - JOUR

T1 - Accountability for Torture Abroad and the Limits of the Act of State Doctrine

T2 - Comments on Habib v. Commonwealth of Australia

AU - Batros, Ben

AU - Webb, Philippa

PY - 2010/9

Y1 - 2010/9

N2 - This article analyses the decision of the Federal Court of Australia that a claim brought by an Australian citizen against Australian government officials, who had allegedly aided and abetted his torture at the hands of foreign governments, was not barred by the act of state doctrine. The article provides critical reflections on the reasoning of the Australian court and the limitations of the act of state doctrine. It draws out the broader implications of the decision for efforts to secure accountability for torture committed abroad and the role of domestic courts in the international legal order.

AB - This article analyses the decision of the Federal Court of Australia that a claim brought by an Australian citizen against Australian government officials, who had allegedly aided and abetted his torture at the hands of foreign governments, was not barred by the act of state doctrine. The article provides critical reflections on the reasoning of the Australian court and the limitations of the act of state doctrine. It draws out the broader implications of the decision for efforts to secure accountability for torture committed abroad and the role of domestic courts in the international legal order.

U2 - 10.1093/jicj/mqq048

DO - 10.1093/jicj/mqq048

M3 - Article

SN - 1478-1387

VL - 8

SP - 1153

EP - 1174

JO - Journal of International Criminal Justice

JF - Journal of International Criminal Justice

IS - 4

M1 - mqq048

ER -