Navigating the New Military Commissions: the Case of David Hicks
Total Page:16
File Type:pdf, Size:1020Kb

Load more
Recommended publications
-
Victorian Bar News
End of Financial Year Book Sale Visit www.lexisnexis.com.au/booksale to take advantage of discounted purchase prices on selected LexisNexis book titles, saving you up to 25 %, until 30 June 2004. Don 't miss out on these great offers! Contact Us Customer Relations Phone: 1800 100 161 (Lines are open 8.00am-8.00pm EST Mon-Fri) Email: [email protected] Fax: 1800800122 Web: www.lexisnexis.com.au No. 128 AUTUMN 2004 Contents EDITORS'BACKSHEET 5 The New Despotism CHAIRMAN'S CUPBOARD 7 Judges' Remuneration ATTORNE~GENERAVSCOLUMN 10 Justice Statement a "Groundbreaking Analysis of the Attomey-General's Entire Portfolio" PRACTICE NOTES Welcome: Sue Welcome: Stephen Obituary: Allayne 12 Legal Practice Act 1996 Crennan QC William Kaye Kiddie 13 Legal Profession Tribunal- Publication of Orders WELCOMES 16 Justice Susan Crennan 17 Justice Stephen Kaye OBITUARIES 19 Aliayne Kiddle 20 Leslie George Crisp ARTICLES 22 Independence and the Bar 26 Bush Lawyers David Hicks' US Servicesjor the Opening oj the Legal Year NEWS AND VIEWS Military Lawyer Visits 30 Exchange Chambers Melbourne 32 Unveiling of Tapa Cloth 34 Bar Reception for Pro Bono Practitioners and Farewell to Samantha Burchell 38 Services for the Opening ofthe Legal Year 45 Major Michael Mori, David Hicks' US Military Lawyer, Visits Melbourne 46 Justice Gaudron Opens Gaudron Chambers in Republic Tower 47 The Balance of Improbabilities 48 Verbatim The Opening oj Gaudron The Victorian Bar's Children's 49 The Victorian Bar's Children's Christmas Party Chambers by Justice Gaudron in Christmas Party 52 The New Silks - and Their Way to the Top The Republic Tower 54 High Court Welcomes Victorian New Silks 55 Launch of Compulsory Legal Education Program 56 Solomon Islands' New Solicitor-General Farewelled 57 A Bit About Words/Shifting Sands 58 A New Supreme Court Building? I Think Not. -
Law Research Report Contents Final.Indd
Faculty of Law 2005 Research Report Contents Message from the Associate Dean (Research) 1 Funded Research 2 Grants Commencing in 2005 3 Selected Grants in Progress 6 Grants Completed in 2005 9 Centres and Institutes 16 Asia Pacifi c Centre for Military Law 17 Asian Law Centre 20 Centre for Employment and Labour Relations Law 23 Centre for Comparative Constitutional Studies 26 Centre for Corporate Law and Securities Regulation 28 Centre for the Study of Contemporary Islam 30 Institute for International Law and the Humanities 32 Intellectual Property Research Institute of Australia 34 The Tax Group 36 Centre for Media and Communications Law 38 Academic Research Profi les 39 Jeremy Gans 40 Loane Skene 42 Miranda Stewart 44 Published Research 46 Journals and Newsletters 57 Journal Affi liations 61 Faculty Research Workshop 68 International Research Visitors Scheme 72 Student Published Research Prize 73 Academic Staff 74 Research Higher Degrees Completed in 2005 84 Research Higher Degrees in Progress 85 Message from the Associate Dean (Research) Faculty of Law 2005 Research Report 1 Message from the Associate Dean (Research) It is a great pleasure to present the 2005 Research Report, topics discussed at the Faculty Research Workshop convened which provides an overview of the research activities in the by Associate Professor Andrew Kenyon during 2005. Faculty of Law during 2005. The Faculty’s Research Higher Degree (RHD) candidates In 2005 Faculty members began work on nine new research make an important contribution to the Faculty’s research projects funded by the Australian Research Council. Details endeavours. Sixteen of the Faculty’s RHD candidates of those projects are provided in this report, along with an successfully completed their theses in 2005, making it a update on two funded projects in progress and the outcomes particularly successful year for our RHD program. -
Press Release
PRESS RELEASE April 03, 2006 Paper Awaits Court Decision on Guantanamo Detainee By HoldtheFrontPage staff The Argus in Brighton is waiting to hear if its campaign for a fair trial for a local man detained at Guantanamo Bay has been successful. The paper is calling on the Government to intervene in the case of Omar Deghayes, and a judicial review has been held to determine whether Foreign Secretary Jack Straw should be ordered to seek his release. Omar's lawyers argued that the Government has a legal and moral responsibility to step in, but it disagrees as he is not a British citizen. Judgement has been reserved as a decision is expected this week. The Argus took up Omar's fight last year, and delivered a dossier to Home Secretary Charles Clarke. He and his family were granted asylum by the UK Government nearly 20 years ago and his home was in Saltdean, Brighton. The dossier included a letter from The Argus' editor Michael Beard, who said: "We believe Mr Deghayes' continued incarceration by the US breaches Article 10 of the Universal Declaration of the Human Rights which states: Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. "We therefore believe the Government has a duty to lobby the US to charge Mr Deghayes and put him on trial, in accordance with international law, or free him immediately." http://www.cageprisoners.com/articles.php?id=13200 SOURCE: Holdthefrontpage.co.uk Omar Khadr Faces New Hearing BETH GORHAM CANADIAN PRESS Canadian teenager Omar Khadr will once again appear at an American military tribunal this week, even as the U.S. -
November 2, 2005 the Free-Content News Source That You Can Write! Page 1
November 2, 2005 The free-content news source that you can write! Page 1 Top Stories Wikipedia Current Events his denial to grant a United Nations commission access to UN calls for further Syrian assassination of former Lebanese inmates at the Guantanamo Bay cooperation Prime Minister Rafik Hariri. detention center. The United The United Nations Security •Zanzibar's ruling Chama Cha Nations has been seeking access Council unanimously called on Mapinduzi party and President for almost four years now. Last Syria to detain suspects in the Amani Abeid Karume are week the United States offered to assassination of former Lebanese declared re-elected in a disputed let United Nations representatives Prime Minister Rafik Hariri. The election. Police clashed with visit the detention center, but they resolution stopped short of opposition supporters, leaving 9 refused to let United Nations threatening sanctions in the event dead. representatives visit the entire of non-compliance. detention facility or interview •2 Palestinian militants, one from detainees. Bush nominates Alito to U.S. Hamas, the other the Al Aqsa Supreme Court Martyrs Brigade, have died The United Nation's Special U.S. President George W. Bush following an Israeli air-strike in Rapporteur on torture and other nominated Judge Samuel Alito of the Gaza Strip. cruel, inhuman or degrading New Jersey as Associate Justice North Korea and South Korea will treatment or punishment, Manfred to the U.S. Supreme Court in a • field a united Olympics team at Nowak, told reporters on Monday formal announcement on Monday. the next Olympic Games. that even China does not impose such conditions for United Nations Featured story •Justice John Gomery releases the visits of prisons, and that the first part of the Gomery United Nations could not accept an Japan likely to change law to Commission report on corruption offer to visit the United States allow female heirs to the in the Liberal Party of Canada facility under conditions that are throne and the sponsorship scandal. -
Press Release
PRESS RELEASE May 08, 2006 Terry Hicks Asks PM For Help By Phillip Coorey Political Correspondent THE Prime Minister should press the US next week to allow British officials to travel to Guantanamo Bay and grant David Hicks British citizenship, the inmate's father said yesterday. Terry Hicks made the call after the British Court of Appeal ruled that it would not allow the Blair Government further appeals against a decision that Hicks be granted British citizenship. "Let's get it done quickly. It would make it easier for everybody, including the Australian Government, to say 'Let's get him home'," Mr Hicks said. "The most embarrassing thing in all of this is David's got to go to another country to get his rights and get out." The Prime Minister, John Howard, will on Friday fly to Washington, where he will spend five days in meetings with President George Bush and members of his administration. Hicks, 30, whose mother was born in Britain, applied for British citizenship last year. Britain believes the military commissions established by the US to try Guantanamo Bay inmates do not uphold the basic standards of international law and it has successfully demanded the repatriation of nine citizens. Hicks is hoping for the same treatment. The Australian Government has already conceded that if he were released, Hicks would be free to return to Australia as a dual citizen. Hicks' military lawyer, Major Michael Mori, has complained that attempts by British consular officials to travel to Guantanamo Bay and swear in Hicks as a citizen have been stymied by Washington. -
Index Volume 29.Fm
THE SYDNEY LAW REVIEW Vo lu m e 2 9 2007 FACULTY OF LAW UNIVERSITY OF SYDNEY ii SYDNEY LAW REVIEW [VOLUME 28 THE SYDNEY LAW REVIEW PUBLISHED ANNUALLY BY THE FACULTY OF LAW OF THE UNIVERSITY OF SYDNEY Correspondence and Contributions should be addressed to: The Editor, The Sydney University Law School, 173–175 Phillip Street, Sydney NSW Australia 2000 Tel: (02) 9351 2222 Fax: (02) 9351 0200 Inquiries regarding subscriptions should be addressedó From North America, to: Wm Gaunt & Sons, Inc, 3011 Gulf Drive, Holmes Beach, Florida, USA 33510 From other places to: Lawbook Co. (Head Office) 100 Harris Street, Pyrmont, NSW Australia 2009 (Mail Orders) Tel (02) 8587 7000 Fax: (02) 8587 7100 CURRENT SUBSCRIPTIONS RATE IN AUSTRALIA: $188.50 PER VOLUME 2006] iii THE SYDNEY LAW REVIEW Published under the Auspices of the Faculty of Law of the University of Sydney 2007 EDITORIAL BOARD (2007) Jenni Millbank (Editor semester 1) Emma Armson Irene Baghoomians Fleur Johns Isabel Karpin Patrick Parkinson (Editor semesters David Rolph (Editor semester 2) 3 & 4) Andrew Tuch Kristin Savell Brett Williams Coordinator: Joanna Howse STUDENT EDITORIAL COMMITTEE (2007) Hugh Atkin Erin Cartledge Kirsty Champion Annie Chiv Pietro Di Ciaccio Jonathon Friedrich James Greenwood Emily Liu Joanna Mascarenhas Norm Maamary Louisa Macphillamy Alexander McCauley Heather McIntyre David Nguyen Anna Rose Fiona Roughley Joanna Sutton Yi-Shun Teoh Maria Wang Rebecca Weeks Anisha Wickremeratne Evan Williams Amber Wood Marley Zelinka Lily Tsen iv SYDNEY LAW REVIEW [VOLUME 28 EDITORIAL BOARD (2008) David Rolph (Editor) Jamie Glister Patricia Loughlan Tim Stephens Anne Twomey Kevin Walton Coordinator: Joanna Howse STUDENT EDITORIAL COMMITTEE (2008) Susan Cirillo Dora Chan Tommy Chen Matthew Costa Anna Garsia William Kim Alice Lam Christopher May Jin Qian James Robertson Ben Wahlhaus Constance Zhang 2006] v TITLE INDEX TO LEADING ARTICLES A Revival of the Doctrine of Attainder? The Statutory Illegality Defences to Liability in Tort, James Goudkamp ..................................... -
Articles the Soldier, the State, and the Separation of Powers Deborah N
Articles The Soldier, the State, and the Separation of Powers Deborah N. Pearlstein* As U.S. counterterrorism activities continue to engage the armed forces in profound legal and policy debates over detention, interrogation, targeting, and the use of force, recent legal scholarship has painted a grim picture of the effec- tive vitality of civilian control over the U.S. military. Prominent generals leverage their outsized political influence to manipulate the civilian political branches into pursuing their preferred course of action. Bureaucratically sophisticated officers secure the adoption of their policy judgments in the Executive Branch and Congress contrary to civilian preferences. And misplaced judicial deference to military expertise on what is necessary to regulate the special community of the armed forces exacerbates the growing social separation between the military and the society it serves. The question of how to distinguish expert advice from undemocratic influence that has long surrounded the work of administrative agencies is made especially complex by the unique constitutional role of the military. But before one can tell whether civilian control is threatened, one must first have some understanding of what it is. For all the intense focus in recent years on the legality of what the military does, where the modern military fits in our constitutional democracy has remained remarkably undertheorized in legal scholarship. Moreover, prevailing theories of civilian control in the more developed social- and political-theory literature of civil–military affairs view the Constitution’s separation of powers—in particular, the allocation of authority over the military to more than one branch of government—as a fundamental impediment to the maintenance of civilian control as the theories take it to be defined. -
Annual Review for 2006-2007
Australian Institute of International Affairs Annual Review 2006-2007 © 2007 Australian Institute of International Affairs 32 Thesiger Court, Deakin ACT 2600, Australia PHONE: 02 6282 2133 - FACSIMILE: 02 6285 2334 WEBSITE: www.aiia.asn.au Who We Are The Australian Institute of International Affairs was World Affairs series as well as occasional papers and established in 1924 and formed as a national body in conference proceedings. Members receive a sub- 1933 to promote public understanding of and interest scription to The Diplomat through a cooperative ar- in international affairs. It is an independent, non- rangement. partisan, non-profit organisation with over 1600 members across 7 state and territory branches. The The AIIA offers a number of ways to get involved: AIIA does not express any opinion on international membership, events, publishing, youth networks, affairs. It provides a forum for the presentation and education programs, donation and volunteering. For discussion of a wide range of views through its vari- more information please visit www.aiia.asn.au. ous events, publications and educational programs. The AIIA has been honoured by the involvement of many distinguished figures including: Former Prime Minister Sir Robert Menzies, Former Chief Justices Sir Garfield Barwick, Sir John Latham and Sir Owen Dixon, Former Governor General Lord Casey, and distinguished Australians Sir Ian Clunies Ross, Sir Richard Boyer, Sir Russel Madigan and E.C. Dyason. His Excellency Major General Michael Jeffery AC CVO MC, the Governor-General of Aus- tralia, is the AIIA’s Honorary Visitor. The AIIA hosted almost 200 events in 2006-7 on HE Major General Michael Jeffery AC CVO MC, the current international issues of concern to Australia. -
Military Lawyering at the Edge of the Rule of Law at Guantanamo: Should Lawyers Be Permitted to Violate the Law? Ellen Yaroshefsky
Hofstra Law Review Volume 36 | Issue 2 Article 18 2007 Military Lawyering at the Edge of the Rule of Law at Guantanamo: Should Lawyers Be Permitted to Violate the Law? Ellen Yaroshefsky Follow this and additional works at: https://scholarlycommons.law.hofstra.edu/hlr Part of the Law Commons Recommended Citation Yaroshefsky, Ellen (2007) "Military Lawyering at the Edge of the Rule of Law at Guantanamo: Should Lawyers Be Permitted to Violate the Law?," Hofstra Law Review: Vol. 36 : Iss. 2 , Article 18. Available at: https://scholarlycommons.law.hofstra.edu/hlr/vol36/iss2/18 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Yaroshefsky: Military Lawyering at the Edge of the Rule of Law at Guantanamo: MILITARY LAWYERING AT THE EDGE OF THE RULE OF LAW AT GUANTANAMO: SHOULD LAWYERS BE PERMITTED TO VIOLATE THE LAW? Ellen Yaroshefsky* I. INTRODUCTION "Where were the lawyers?" is the familiar refrain in the legal profession's reflection on various corporate scandals.' What is the legal and moral obligation of lawyers who have knowledge of ongoing illegality and criminal behavior of their clients? What should or must those lawyers do? What about government lawyers who have knowledge of such behavior? This Article considers that question in the context of military lawyers at Guantanamo-those lawyers with direct knowledge of the treatment of prisoners at Guantanamo, treatment criticized throughout the world as violative of fundamental principles of international law. -
17 April 2007
INTRODUCTION TO SEMINAR ON DAVID HICKS, MILITARY COMMISSIONS AND THE RULE OF LAW When this seminar was first planned by the Queensland Branch of the International Commission of Jurists, David Hicks was imprisoned in Guantanamo Bay in Cuba and grave uncertainty attached to his future. He had been imprisoned for five years without being convicted of any crime. Many informed commentators were concerned about the legality of the charge laid against him. Advice had been sought on the question by the Law Council of Australia. The joint advice received was signed by Professor Tim McCormack, the Australian Red Cross Professor of International Humanitarian Law at the University of Melbourne, Peter Vickery QC, Special Rapporteur, International Commission of Jurists, Victoria, the Honourable Alistair Nichsolson AO RFD QC, former Judge Advocate General of the Australian Defence Force, Professor Hilary Charlesworth, Professor of International Law and Human Rights at the Australian National University, Gavin Griffith AO QC, Professor Andrew Byrnes, Professor of International Law at the University of New South Wales, Mr Gideon Boas, former senior legal officer of the International Criminal Tribunal in Yugoslavia, Professor Stuart Kaye, Professor of Law at the University of Melbourne and Professor Don Rothwell, Professor of International Law at the Australian National University. That opinion concluded that the charge formally laid against David Hicks of providing material support for terrorism pursuant to s 950(v)(25) of the Military Commissions Act 2006 did not constitute a war crime contrary to the law of war and it was clearly retrospective in its application to David Hicks. Affidavit material filed in support of Mr Hicks’ application for British citizenship alleged that Mr Hicks had been abused during interrogations in Afghanistan and elsewhere before his arrival at Guantanamo Bay in early 2002. -
Hal Wootten Address 2014
HAL WOOTTEN LECTURE 2014 How to Be a “Good Lawyer” Lessons from the American “War on Terror” by Professor Richard Abel It is a privilege to honor Hal Wootten’s “life in the law” by celebrating those he called “the humbler servants of the law” who, “in the dark days through which democracies have been traveling” defended the “central values” of the legal profession: “the right of everybody to a fair hearing and a reasoned decision according to the facts and the law, by an honest and unintimidated judge.”1 You will be more familiar than I with courageous Australian examples: lawyers like Stephen Keim, who represented Dr. Mohammed Haneef, Rob Stary and Jennifer Robinson, who are acting for Julian Assange, and Michael Mori (now an Aussie), who represented David Hicks.2 I am going to talk about American lawyers who have resisted attacks on the rule of law in the years since 9/11. Why do I focus on the rule of law? Surely the Bush administration is guilty of far greater offenses—the Iraq war being the most egregious example. But I am interested in resistance to injustice; and, unfortunately, significant American opposition to that war collapsed soon after the March 2003 invasion. Still, you might ask, is the rule of law worth defending? Critical legal studies, which I helped to found in 1977, reiterated what we have long known: law cannot be separated from politics and is far more likely to reproduce and reinforce power inequalities than to oppose them. And yet…. The rule of law embodies fundamental notions of fairness. -
Zealous Lawyering Succeeds Against All Odds: Major Mori and the Legal Team for David Hicks at Guantanamo Bay Ellen Yaroshefsky Maurice A
Maurice A. Deane School of Law at Hofstra University Scholarly Commons at Hofstra Law Hofstra Law Faculty Scholarship 2008 Zealous Lawyering Succeeds Against All Odds: Major Mori and the Legal Team for David Hicks at Guantanamo Bay Ellen Yaroshefsky Maurice A. Deane School of Law at Hofstra University Follow this and additional works at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship Recommended Citation Ellen Yaroshefsky, Zealous Lawyering Succeeds Against All Odds: Major Mori and the Legal Team for David Hicks at Guantanamo Bay, 13 Roger Williams U. L. Rev. 469 (2008) Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/900 This Article is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Faculty Scholarship by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Zealous Lawyering Succeeds Against All Odds: Major Mori and the Legal Team for David Hicks at Guantanamo Bay Ellen Yaroshefsky* David Hicks, an Australian citizen, was detained in Afghanistan in December of 2001 and brought to Guant~namo Bay (Gitmo) in January of 2002. He was denied access to military and civilian lawyers for nearly two years, but eventually was permitted to have counsel only because the government believed that a lawyer would help secure a guilty plea,' and David agreed not to discuss the conditions of his captivity. 2 Eventually, more than five years later, and as a consequence of an international political campaign, he was charged and pleaded guilty to material support of terrorism for his association with al Qaeda operatives in Afghanistan.