MonULR-37(2)-4.pdf (247.3 kB)
Download file

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

Download (247.3 kB)
journal contribution
posted on 29.10.2019, 08:58 by Natalie Klein;Lauren Knapman
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

History

Publication Date

2011

Volume

37

Issue

2

Type

Article

Pages

89–113

AGLC Citation

Natalie Klein and Lauren Knapman, 'Australians Sentenced to Death Overseas: Promoting Bilateral Dialogues to Avoid International Law Disputes' (2011) 37(2) Monash University Law Review 88

Usage metrics

Categories

Keywords

Exports