Comment. Turn back the boats. I have had serious questions about the legality of Operation Sovereign Borders because I dont believe it is. Legal. Neither it seems does Indonesia as they have lodged a formal complaint with the ICJ (International Court of Justice) over this. To begin with OSB is being carried out under the auspices of Australias right to protect its sovereign borders under the Law of the Sea. The problem I see is that this only applies to immediate military threats or illegal activity (eg fishing). When it comes to refugees, the Law of the Sea gives way to the UNHCR convention. Essentially that states that Australia has a legal obligation to assess and process legal refugees in the correct way which was what the previous government did. It does NOT allow boats to be towed back. Such boats must be towed to the nearest port. Unless our patrol boats are just outside Indonesian territorial waters that means Christmas Island NOT Indonesia. Further, the boats cannot be towed into Indonesian waters without that countrys approval. Such an action by a military vessel could be deemed an Act of War. Now to the Law of the Sea. Unless a boat is in distress or requests assistance towing a vessel in international waters is an Act of Piracy, and if that boat was flying a sovereign flag may be an Act of War. I believe Operation Sovereign Borders from what we know to be illegal and in violation of international law. So what do we do? Gather evidence. You wont find it here, Murdoch and Abbott have turned us into a secret state. Check overseas sources. In some cases the Leader of the Opposition may lodge a complaint with the ICJ. Further, he could raise the issue with the GG as Australia is bound by the Constitution to uphold its obligations under international laws and treaties. If it isnt, then we have a Constitutional Crisis. The GG would have to act under s51. There is a precedent. 1975. PM
Posted on: Wed, 12 Feb 2014 03:03:21 +0000
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