Journal Article

Australia’s Treatment of Asylum Seekers

Claire Henderson

in Journal of International Criminal Justice

Volume 12, issue 5, pages 1161-1181
Published in print December 2014 | ISSN: 1478-1387
Published online November 2014 | e-ISSN: 1478-1395 | DOI: https://dx.doi.org/10.1093/jicj/mqu062
Australia’s Treatment of Asylum Seekers

More Like This

Show all results sharing these subjects:

  • Criminal Law
  • International Law
  • International Criminal Law
  • International Humanitarian Law
  • Transnational Crime

GO

Show Summary Details

Preview

Australia's treatment of asylum seekers has long been under the human rights spotlight. Over the past 20 years, mandatory detention of asylum seekers pending refugee status determination and transfer of asylum seekers to Nauru and Papua New Guinea by Australia have been widely labelled as violations of the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, and the Convention Relating to the Status of Refugees. Such criticisms have multiplied since August 2012, when all asylum seekers arriving in Australia by boat became subject to offshore processing by Nauru and Papua New Guinea, amounting in practice to prolonged detention in oppressive conditions. There can be little doubt that treatment of asylum seekers by Australia violates international human rights law. Instead, the pressing question is whether this treatment could also amount to crimes against humanity. This article analyses Australia’s policy of mandatory detention and offshore processing of asylum seekers through the lens of international criminal law. Following an element-by-element analysis, it concludes that there would be a prima facie case under the Statute of the International Criminal Court for the crimes against humanity of severe deprivation of liberty and persecution, yet not necessarily for the crime against humanity of deportation.

Journal Article.  9419 words. 

Subjects: Criminal Law ; International Law ; International Criminal Law ; International Humanitarian Law ; Transnational Crime

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content. subscribe or login to access all content.