'Flying Under the Radar'. The use of lethal force against hijacked aircraft: recent Australian developments

Bronitt, Simon and Stephens, Dale (2007) 'Flying Under the Radar'. The use of lethal force against hijacked aircraft: recent Australian developments. Oxford University Commonwealth Law Journal, 7 2: 265-277.

Author Bronitt, Simon
Stephens, Dale
Title 'Flying Under the Radar'. The use of lethal force against hijacked aircraft: recent Australian developments
Journal name Oxford University Commonwealth Law Journal   Check publisher's open access policy
ISSN 1472-9342
1757-8469
Publication date 2007
Sub-type Article (original research)
Open Access Status
Volume 7
Issue 2
Start page 265
End page 277
Total pages 13
Place of publication Oxford, United Kingdom
Publisher Hart Publishing
Language eng
Formatted abstract
The use of lethal force to prevent terrorist attacks raises a range of legal, moral and policy challenges. This note examines recent legislative changes in Australia which empower the military to use lethal force against hijacked aircraft. These special powers are contained in Part IIIAAA of the Defence Act 1903 (Cth), which deals with the ‘call out’ of the military in aid of civil power. These powers to use reasonable and necessary force depart from the conventional criminal law doctrines of necessity and self defence, embracing a broader national security paradigm. This paradigm shift is reflected in the inclusion of powers to use lethal force to protect designated critical infrastructure and a special defence of superior orders. As the note concludes, these reforms reveal the growing influence of international law, particularly the law of armed conflict, on the development of domestic criminal law in Australia
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status Non-UQ

Document type: Journal Article
Sub-type: Article (original research)
Collection: TC Beirne School of Law Publications
 
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Created: Thu, 17 Jul 2014, 13:41:19 EST by Carmen Buttery on behalf of T.C. Beirne School of Law