Douglas Guilfoyle

About/Bio

Douglas Guilfoyle is Associate Professor of International and Security Law at the School of Humanities and Social Sciences, University of New South Wales Canberra. He blogs in a personal capacity and his views do not represent those of his employer or any other organisation.

Recently Published

Command responsibility for Australian war crimes in Afghanistan

Introduction On 4 January 2021 the Australian Office of the Special Investigator officially commenced work (“OSI”). Its task is to conduct criminal investigations into Australian war crimes in Afghanistan, as revealed in the Brereton Report (discussed here). The report focusses on the killing of persons hors de combat or under Australian control by…

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Australian war crimes in Afghanistan: The Brereton Report

On Thursday 19 November Australia faced a reckoning with its recent past in Afghanistan.* Australian political culture approaches our armed forces with a great degree of deference and respect. Three of our last four Governors General have been, for example, senior military leaders. The Australian Defence Force support operations in respect of the January 2020 bushfires and the…

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The International Criminal Court Independent Expert Review: questions of trust and tenure

I have previously written on the Independent Expert Review (IER) of the International Criminal Court and its findings on questions of governance structure and culture. In this blog post I’d like to turn to two other running themes through the report: trust and tenure.* The problem of trust My previous post noted the…

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