Abstract
Abstract This article examines Australia’s obligation to investigate war crimes in the context of its obligations under the Rome Statute of the International Criminal Court (ICC). This obligation is contrasted with Australia’s investigation of war crimes to date, with a particular focus on the current investigations into alleged war crimes by Australian Defence Forces in Afghanistan. The article then discusses the jurisdiction of the ICC, and the important effect of the principle of complementarity under Article 17 of the Rome Statute. The article concludes by assessing the future of war crimes investigations in Australia, drawing attention to the lessons which can be learned moving forward — both domestically and by other states facing allegations of war crimes committed by their own forces.
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