Cases before Australian Courts and Tribunals Concerning Questions of Public International Law 2020

Abstract

This article summarises Australian cases from 2020, with a focus on the relevance of international law. In the year 2020, international treaties and United Nations (‘UN’) declarations were considered by Australian courts in several key areas, including: the status of Aboriginal Australians under the Constitution; discrimination claims; and migration decisions, particularly those involving deportation due to criminal conduct (that is, cases involving so-called ‘crimmigration’ law). International law was also relevant in Australian cases concerning the human rights implications of COVID-19 restrictions, with the Victorian Supreme Court observing that ‘[h]uman rights are not suspended during states of emergency or disaster’.The publication of the ‘Brereton Report’ — which documents potential war crimes by members of the Australian Defence Force (‘ADF’) in Afghanistan — underscored the relevance of both international humanitarian law and international criminal law to our own military personnel.