James Glissan
👤 SpeakerAppearances Over Time
Podcast Appearances
It's under the subsection of war crimes.
Oh, really?
There's a heading?
And there's heaps of them.
So they list them and they seem to go on forever.
Right.
But the way that it's been able to be brought is through something that a lot of people aren't aware of, which is what's called extraterritorial jurisdiction or jurisdiction that applies in other countries but can be prosecuted here.
Is that right?
No, they wouldn't.
Well, it wouldn't be the appropriate jurisdiction because like you said, it's a Commonwealth.
It's a federal defense.
Yes.
So it really belongs in the federal sphere as opposed to the state sphere.
I don't know for war crimes, but- Reagan Morant was.
Yeah, in different iterations and frameworks, but it's not a new concept.
And it doesn't just apply to war crimes, for example.
So you look at the recent hate speech laws, which is the easiest way to describe them, even though they're far more reaching than just speech.
And some of those offenses, when it comes to, you know, what is hate speech, how it's tested, they also have extraterritorial jurisdiction.
So if you do it overseas and it affects a group in Australia, then when you come back, you can still be charged.
Wow.