The Law Council of Australia has published a strong statement reiterating Australia’s obligation to uphold international law in this time of global uncertainty.
The Law Council’s call follows statements from members of the Australian Government and Opposition in relation to the escalation of conflict in the Middle East; statements which the Law Council says may indicate support for breaches of international legal principles.
“The rule of law holds all people to account equally, regardless of rank or station, and prevents the arbitrary use of power,” said Law Council of Australia President Juliana Warner.
“We are seeing actions being taken by governments around the world that undermine the rule of law and erode inviolable principles of international law.
“At a time in which respect for international humanitarian law and human rights is increasingly sidelined, and with the international justice system under significant pressure, it is more important than ever for Australia to speak out and take an active role in defending fundamental principles of international law and to make decisions in accordance with what is lawful.
“A commitment to the rule of law requires adherence to and respect for international legal obligations, whether created by treaty or arising under customary international law. All states must comply with and honour their international legal obligations, including obligations relating to the promotion and protection of human rights. International obligations are binding on the Commonwealth once ratified, regardless of whether they have been incorporated into domestic law.”
While the Law Council’s comments are clearly linked to recent political posturing in Australia, the Law Council has not identified the particular statements that caused the concern, or the particular members of parliament who made them. However, the Law Council has laid its call at the feet of both the government and opposition.
“We are concerned by recent statements from members of the Australian Government and Opposition which seem to indicate support for breaches of the prohibition on the use of force. This undermines Australia’s commitment to international law and to the international institutions which underpin the rules-based order. The Law Council of Australia recalls and affirms the duty of states to seek to resolve their disputes by peaceful means,” said Warner.
“The Law Council remains concerned by efforts to threaten and undermine our system of international justice, including the International Court of Justice, the International Criminal Court, and United Nations human rights mechanisms. Australia has played a constructive role in shaping these institutions, and has individually and collectively relied on them to deliver justice, issue rulings on matters of international law, and hold states accountable for human rights violations. There is a continued role for Australia to support them to carry out their functions independently and effectively.
“The Australian Government must take a principled position in response to actions which breach international law and undermine international institutions.”
The Law Society of Western Australia is a constituent body of the Law Council of Australia.
