Asia Pacific Centre for Military Law

Combatant's Privilege in Criminal Law

This project considers if and how different national criminal justice systems implement an international law principle called ‘combatant’s privilege’, which permits soldiers to use deadly force in an armed conflict as long as such use of force complies with international law. On the basis of a comparative analysis of criminal law, the project aims at clarifying the relationship between international humanitarian law and national criminal law, and considers the need for statutory amendments in Australia.

Personnel

Dr Rain Liivoja

Funding

This research is supported by an Early Career Researcher Grant awarded by the University of Melbourne Research Office for 2013-2014.

Presentations

Rain Liivoja, ‘Why are Lawful Acts of War (Not) Criminal Offences? Combatant’s Privilege in International and Domestic Law’, Faculty Seminar (Defence Academy of the United Kingdom, Shrivenham, 15 May 2014)

Rain Liivoja, ‘Why is Killing in War (Not) Murder? Combatant’s Privilege in International and Domestic Law’, Faculty Seminar (Erik Castrén Institute of International Law and Human Rights, Faculty of Law, University of Helsinki, 30 April 2014)

Rain Liivoja, ‘Why are Lawful Acts of War (Not) Criminal Offences? Combatant’s Privilege in International and Domestic Law’, [email protected] Seminar (Department of Defence, Canberra, 26 March 2014)

Publications

Rain Liivoja, ‘Military Justice’ in Markus Dubber & Tatjana Hörnle (eds), Oxford Handbook of Criminal Law (Oxford University Press, forthcoming in 2014) ch 15

(Two further publications are expected to arise from this project: one considering the implementation of combatant’s privilege in domestic criminal law form a comparative perspective and another focusing on Australia.)

APCML News and Events

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2013-2014 Annual Report Available

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2012-2013 Annual Report Available

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APCML world partners

APCML aims to promote greater understanding of and increased respect for the Rule of Law in all aspects of military affairs both within the Australian Defence Force and amongst militaries in the Asia Pacific Region.

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2015 Annual Report Available

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2013-2014 Annual Report Available

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2012-2013 Annual Report Available

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