Australians sentenced to death overseas

promoting bilateral dialogues to avoid international law disputes

Natalie Klein, Lauren Knapman

Research output: Contribution to journalArticle

Abstract

Although Australia has adopted a firm stance opposing the death penalty within Australia, this positzon 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 firm and consistent policy opposing the death penalty, and apply this approach globally and in its bzlateral relationships. These steps are required if Australia is to minzmise the likelihood of inter-state disputes and ameliorate the circumstances of Australians on death row.
Original languageEnglish
Pages (from-to)89-113
Number of pages25
JournalMonash University Law Review
Volume37
Issue number2
Publication statusPublished - 2011

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