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Military Law
This guide contains links to Internet resources and documents
in the area of military law, as well as providing links to other guides
and directories which contain material on overseas law and topics of interest
to Parliament. The emphasis of this guide is on domestic military justice
and operational law rather than on the international laws of war and overseas
peacekeeping.
Legislation
- Current
Defence Bills before Parliament
- Acts
- Regulations
- Determinations under the Defence Act
- Defence Instructions.
- Available only on CDROM through the Parliamentary
Library catalogue under the title "e-docs: electronic defence
documents"
- Some Instructions are now being published on
the Dept of Defence website
- Other legislation. Some legislation, mainly relating
to military honours, medals and awards, is in the form of Letters
Patent issued by the Governor-General and published only in the Commonwealth of Australia
Gazette. For background see the Research Note A Rare form
of Law Making issued by the Parliamentary Library
Court and Tribunal decisions,
law reports etc
Key National Bodies
- Asia Pacific Centre
for Military Law
A joint project of the Defence Legal Service and the Melbourne University
Law School, the Centre aims to facilitate cooperation amongst military
forces of the Asia Pacific Region in the research, training and implementation
of the laws governing military operations
- Defence Force Ombudsman
Under ss 19B-19F of the Ombudsman
Act 1976 the Commonwealth Ombudsman performs the role of the
Defence Force Ombudsman for defence personnel.
- Department of Defence
Key Publications
For further items, search the Parlinfo
Search database and select Library for journal articles,
books and library publications, and Media for newspaper articles
and media releases. Although full text searchable, for copyright reasons
some material on Parlinfo may be available only to those using the Parliament
House computer network.
Overviews, encyclopedias etc
Journal Articles, Reports etc (by
date)
- 2010 Military
Court of Australia Bill 2010 (Australia. Parliament. Senate. Standing
Committee on Legal and Constitutional Affairs). Although this inquiry
stopped with the 2010 election, one submission was received
- 2007
Reforms to Australia's military justice system: Second progress report.
(Australia. Parliament. Senate. Foreign Affairs, Defence and Trade
Committee)
- 2006 Reforms
to Australia's military justice system: First progress report.
(Australia. Parliament. Senate. Foreign Affairs, Defence and Trade
Committee)
- 2006 Defence
Legislation Amendment Bill 2006 (Australia. Parliament. Senate.
Foreign Affairs, Defence and Trade Committee). Provides analysis of
the Australian Military Court.
- 2005 Australian military law (Special issue of the University
of New South Wales Law Journal, vol. 28, no. 2, 2005)
- 2005
The Effectiveness of Australia's military justice system (Australia.
Parliament. Senate. Foreign Affairs, Defence and Trade Committee)
- 2004
An Update on military discipline : the 20th anniversary of the Defence
Force Discipline Act (H. Gulam) High Court jurisprudence of the
DFDA since 1985
- 2004
Operations Law for RAAF Commanders (AAP1003)
- 2003 The Role of
the Commander in Military Criminal Procedure (P. Heerey)
- 2003 Lawful
dissent and the modern Australian Defence Force (R & N Wheate.
Australian Defence Force Journal, no.160, May-June 2003: 20-30)
- 2001
Understanding the office of the Governor-General of Australia
[as Commander in Chief of the armed forces] (Sir Zelman Cowen. Australian
Defence Force Journal, no. 148, May/June 2001, pp. 21-26)
- 2001
Report of an Inquiry into Military Justice in the Australian Defence
Force (J. Burchett)
- 1999
Military Justice in the Australian Defence Force (Australia. Parliament.
Joint Committee on Foreign Affairs Defence and Trade)
- 1998 Own
motion investigation into how the Australian Defence Force responds
to allegations of serious incidents and offences : review of practices
and procedures (Commonwealth Ombudsman)
- 1997 Lawyers
on warships: oxygen thieves or weapons systems? [Operational law
has become an indispensable factor and component in the planning and
execution of today's military operations] (F. Rogers; GT Ware. Australian
Defence Force Journal, no.126 Sept/ Oct 1997: (5)-8)
- 1908
Military system in Australia prior to federation (Australian Bureau
of Statistics)
Legal and administrative background to the defence forces up to 1908
Links to Other Australian Sites (Pathfinders,
Directories etc)
Overseas Sites
General guides to overseas sites,
covering more than one country
By Country
Most of these sites provide an overview and history
of military law for each country
Canada
New Zealand
United Kingdom
United States
Topics
Conscription
Military Tribunals
(also known as Military Commissions)
Australia - Domestic (used to try defence personnel for military discipline
offences)
Australia - Prisoner of war tribunals (used to try overseas nationals
for international war crimes)
Comments to:
catherine.lorimer@aph.gov.au
Last reviewed
8 June, 2011
by the Parliamentary Library Web Manager
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