"Flying Under the Radar" - The Use of Lethal Force Against Hijacked Aircraft: Recent Australian Developments

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Title "Flying Under the Radar" - The Use of Lethal Force Against Hijacked Aircraft: Recent Australian Developments
Author Bronitt, Simon H.; Stephens, Dale
Journal Name Oxford University Commonwealth Law Review
Year Published 2007
Place of publication Oxford
Publisher Hart Publishing
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/em> (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
Peer Reviewed Yes
Published Yes
Publisher URI http://www.ingentaconnect.com/content/hart/ouclj/2007/00000007/00000002/art00005
Volume 7
Issue Number 2
Page from 265
Page to 278
ISSN 1472-9342
Date Accessioned 2010-08-03
Language en_AU
Faculty Arts, Education and Law
URI http://hdl.handle.net/10072/38964
Publication Type Journal Articles (Refereed Article)
Publication Type Code c1x

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