What is good for the goose should be good for the gander: the operation of the Rome Statute in the Australian context

Article

Collins, Pauline. 2009. "What is good for the goose should be good for the gander: the operation of the Rome Statute in the Australian context." University of New South Wales Law Journal. 32 (1), pp. 106-142.
Article Title

What is good for the goose should be good for the gander: the operation of the Rome Statute in the Australian context

ERA Journal ID33965
Article CategoryArticle
Authors
AuthorCollins, Pauline
Journal TitleUniversity of New South Wales Law Journal
Journal Citation32 (1), pp. 106-142
Number of Pages37
Year2009
PublisherUniversity of New South Wales
Place of PublicationSydney, Australia
ISSN0313-0096
1447-7297
Web Address (URL)http://www.unswlawjournal.unsw.edu.au/
Abstract

This paper considers the Australian declaration made at the time of ratifying the Rome Statute and its implications for the International Criminal Court (ICC) within the Australian context. The nature of the declaration is investigated in light of the Vienna Convention on the Law of Treaties, 1969, and in particular the International Law Commission's recent Draft Guidelines on Reservations. It concludes that Australia would have a more respected voice at the international level were it to withdraw the declaration and aim for the greatest possible cooperation with the ICC in the pursuit of justice in regard to serious violations such as genocide, crimes against humanity and war crimes.

KeywordsICC; Rome Statute; Australian Declaration
ANZSRC Field of Research 2020480504. Legal institutions (incl. courts and justice systems)
440808. International relations
489999. Other law and legal studies not elsewhere classified
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Byline AffiliationsDepartment of Law
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