Australians Sentenced to Death Overseas: Promoting Bilateral Dialogues to Avoid International Law Disputes

Although Australia has adopted a firm stance opposing the death penalty within Australia, this position is complicated when Australian nationals are sentenced to death for crimes committed overseas. This article explores the legal avenues open to Australia, and to the individuals concerned, in seeking a lesser penalty so as to reduce inter-state disputes in these situations. The cases of Van Nguyen and members of the Bali Nine are used as focal points in this regard. It is argued that Australia needs to decide on a fi rm and consistent policy opposing the death penalty, and apply this approach globally and in its bilateral relationships. These steps are required if Australia is to minimise the likelihood of inter-state disputes and ameliorate the circumstances of Australians on death row