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Taylor v. Attorney-General of the Commonwealth

Australia.  11 September 2021 .

Published online by Cambridge University Press:  20 December 2024

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Abstract

International criminal law — Crimes against humanity — Universal jurisdiction — Criminal procedure — Private citizen seeking to commence prosecution in Australia for crimes against humanity under Crimes Act 1914 (Cth), Section 13(a) — Criminal Code (Cth), Section 268.11 providing that proceedings may only be prosecuted “in the name of the Attorney-General” and with the Attorney-General’s consent — Whether right to commence private prosecution ousted by contrary legislative intention

Relationship of international law and municipal law — Treaties — Rome Statute of International Criminal Court, 1998 — International Criminal Court Act 2002 (Cth) — Australia’s international obligations under Rome Statute — Offences against international law incorporated as offences under Australian law — Primacy of Australia’s right to exercise its jurisdiction with respect to crimes within jurisdiction of International Criminal Court — Whether private citizen having right to commence prosecution in Australia for crimes against humanity under Crimes Act 1914 (Cth) — The law of Australia

Keywords

International criminal lawRelationship of international law and municipal law
Type
Case Report
Information
International Law Reports , Volume 205 , 2024 , pp. 485 - 540
Copyright
© Cambridge University Press & Assessment 2024

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