The Doctrine of Command Responsibility in Australian Military Law

Research output: Contribution to journalArticleResearchpeer-review

Abstract

In 2020, the Brereton Inquiry Report was released. It suggested there was credible evidence that members of the Australian military may have committed war crimes in Afghanistan. These are suspicions only; they have not yet been tested at the criminal standard, and anyone accused of wrongdoing is entitled to the presumption of innocence. This article examines the extent to which a commander might be held legally responsible for wrongdoing committed by soldiers under their command.
Original languageEnglish
Pages (from-to)1251-1287
Number of pages37
JournalThe University of New South Wales law journal
Volume45
Issue number3
DOIs
Publication statusPublished - 2022
Externally publishedYes

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