Research Paper for Australian Centre for International Justice: What are the political, social and other factors that led to the establishment of a specialised unit for international crimes investigations in overseas jurisdictions?

Abstract

This research paper examines the potential for establishing an international war crimes unit in Australia by analyzing the creation and operation of similar units in Germany, the United Kingdom, the United States, and Canada. Despite Australia's existing legal framework, the government has not yet implemented such a unit. To address this gap, the paper investigates the social and political factors that have shaped the successful formation of war crimes units in other jurisdictions. Primary sources, such as public policy papers, government reports, and grey literature, were used to assess the effectiveness of these specialized units. The research identifies common challenges faced by other countries, including the need for legislative reform, improved collaboration with international mechanisms, and depoliticization of actions. It highlights Germany’s process of reckoning with its war crimes history as a model for Australia. The paper concludes that for Australia to successfully tackle war crimes, it must first address allegations against its own soldiers and take a clear stance against war crimes, thereby building trust, transparency, and accountability. This approach would ensure adequate funding and support for the prosecution of international crimes.