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Prosecuting War Crimes at Balibo Under Australian Law : The Killing of Five Journalists in East Timor by Indonesia

Saul, Ben - 2009

The killing of five young Australian, New Zealander and British journalists at the village of Balibo during the Indonesian invasion of Portuguese Timor in 1975 has long been surrounded by controversy, obfuscation and intrigue. While many suspected that the journalists were deliberately killed by...

Persistent link: https://www.econbiz.de/10014203087

Julius Stone and the Question of Palestine in International Law

Saul, Ben - 2009

This article is interrogates the international law arguments articulated between the 1940s and 1980s by the influential Australian international law and jurisprudence scholar, Sir Julius Stone. In particular, it critically examines Stone’s views on key controversies which still resonate today:...

Persistent link: https://www.econbiz.de/10014203101

'Why Do They Hate Us?...They Hate Our Freedoms' : The Globalisation of Terrorism and Counter-Terrorism

Saul, Ben - 2009

While most terrorism remains localised, aspects of some transnational terrorism and counter-terrorism have been simultaneously enabled and constrained by globalisation. This paper addresses both the material, causative and legal dynamics of globalisation in relation to terrorism and...

Persistent link: https://www.econbiz.de/10014203193

To ‘Promote, Protect and Ensure’ : Overcoming Obstacles to Identifying Disability in Forced Migration

Smith-Khan, Laura - 2015

Every year, millions of people are forcibly displaced as a result of natural or human-made disasters. Although a significant proportion are persons living with a disability, remarkably little is known about the incidence and type of disabilities they experience. To design services that best...

Persistent link: https://www.econbiz.de/10013033206

Terrorism and International Criminal Law : Questions of (In)Coherence and (Il)Legitimacy

Saul, Ben - 2012

the law is coherent or legitimate. The birth of new rules, institutions and processes can be anarchic. New norms overlay … determinacy of anti-terrorism law; and the legitimacy of the legal processes and institutions surrounding it. Global anti …-terrorism law is an imperfect, chaotic work in progress. The processes and institutions for managing incoherence will gradually …

Persistent link: https://www.econbiz.de/10014175984

An Insecure Climate for Human Security? Climate-Induced Displacement and International Law

Saul, Ben; McAdam, Jane - 2008

This paper first outlines the phenomenon of climate-induced displacement, with a focus on displacement from small island States (particularly in the Pacific), on which the impacts of climate change are well documented and keenly felt (although the challenges manifested there have parallels in...

Persistent link: https://www.econbiz.de/10014213327

Terrorism as Crime or War : Militarising Crime and Disrupting the Constitutional Settlement? Comment on Thomas vs. Mowbray (2007) 237 ALR 194; 81 ALJR 1414; [2007] HCA 33

Saul, Ben - 2008

In the absence of a bill of rights in Australia with which to evaluate and challenge sophisticated rights-based arguments for evaluating anti-terrorism laws, those faced with arguably excessive laws are left with little upon which to hang their challenges. In the High Court case of Thomas vs....

Persistent link: https://www.econbiz.de/10014213328

Wearing Thin : Restrictions on Islamic Headscarves and Other Religious Symbols

Saul, Ben - 2009

This paper critically examines three key recent cases of superior courts concerning restrictions on religious symbols: a prohibition on wearing headscarves in Turkish universities, upheld by the Grand Chamber of the European Court of Human Rights (Sahin v Turkey)(2005); a restriction on a...

Persistent link: https://www.econbiz.de/10014213329

Branding Enemies : Regional Legal Responses to Terrorism in Asia

Saul, Ben - 2008

The use (and misuse) of law to counter terrorism has proliferated at the national, regional and international levels since the terrorist attacks on the United States of 11 September 2001. Asia is no exception, although the roots of counter-terrorism laws run much deeper than those which grew out...

Persistent link: https://www.econbiz.de/10014213347

Defining 'Terrorism' to Protect Human Rights

Saul, Ben - 2008

This paper first considers the policy reasons for why the international community should define terrorism, focusing on arguments that terrorism: (a) seriously violates human rights; (b) jeopardizes the State, deliberative politics and the constitutional order which sustains rights; (c) is...

Persistent link: https://www.econbiz.de/10014213354