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International Law And The Contradiction Of Australian Policies

2965 words - 12 pages

"INTERNATION LAW AND THE CONTRADICTION OF AUSTRALIAN POLICIES"Since 1992, the notion of mandatory detention for unlawful citizens seeking asylum for political, racial and economic hardship was legislated by the Commonwealth Government of Australia. Subsequently, Australia's domestic policy relating to this matter has resulted in a state of cruelty towards refugees and unsympathetic to their circumstances. Furthermore, the policy, highlighted in the Migration Act 1958, contradicts several articles of international law of which Australia is a signatory.In light of the Commonwealth Government's policy, Australia has supported the participated in the concept of "pre-emptive self defence" which was implemented by President George W. Bush of the United States of America against the Middle Eastern country of Iraq in 2003. Deemed to be a response to the September 11 terrorist attacks, the terms under which the United States and its allies decided to endorse the war breached numerous areas of international law. Consequently, it was inevitable Iraqi citizens would flee the destabilised region as refugees.In spite of Australia's contribution and controversial participation to the conflict, the domestic policy on refugees seeking asylum has remained unchanged. Therefore, Australia has unfortunately deferred in its responsibilities to willingly, humanely and sympathetically accept a country's refugee population against which the Australia military has used forced. The purpose of this paper is to identify and analyse Australian Government policies that breach several jurisdictions of law and contradict several moral values in relation to the conflict in Iraq and its refugee population.Established on the 1st of January 1942, the United Nations (UN) was formed as an international effort for countries to review their differences peacefully. Since then, the UN has proved to become an influential and significant player in international politics, committing its resources in areas such as international peace keeping and human rights. A subsidiary of the UN, known as the Security Council, is primarily responsible for the "maintenance of international peace and security" (UN Security Council: 2004). This council has the immediate and direct authority to approve economic sanctions and military intervention against misguided countries.On the 29th January 2002, it became evident that the United States wished to pursue the removal of a Saddam Hessian Iraq. In his address to the country, President George W. Bush labelled countries, including Iraq as being a member of the"axis of evil" and were "seeking weapons of mass destruction, these regimes pose a grave and growing danger." (President G.W. Bush: 2002)Despite the Security Council voting against the terms of military intervention against Iraq, the United States and it allies, publicly known as the coalition of the willing (of which Australia was a member) developed a series of justifications for instigating the 2nd Gulf...

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