Legal Material

War Crimes Act case, Polyukhovich v Australia and Commonwealth Director of Public Prosecutions, Trial judgment, FC 91/026, [1991] HCA 32, (1991) 172 CLR 501, (1991) 65 ALJR 521, (1991) 101 ALR 545, ILDC 2726 (AU 1991), 14th August 1991, Australia; High Court [HCA]



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Whether the War Crimes Act, which purported to criminalize war crimes committed in Europe during the Second World War, constituted a valid exercise of the external affairs power under the Australian Constitution.

Whether the War Crimes Act implemented Australia’s international obligations regarding war crimes and crimes against humanity.

Keywords: Retroactivity; Crimes against humanity; War crimes; Obligation to prosecute; Jurisdiction of states, extra-territorial; Jurisdiction of states, universality principle

Legal Material.  91599 words. 

Subjects: Public International Law ; International Law ; Law

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