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NCJ Number: 152600 Find in a Library
Title: Punishing Nazi War Criminals in Australia: Issues of Law and Morality
Journal: Current Issues in Criminal Justice  Volume:4  Issue:2  Dated:(November 1992)  Pages:141-156
Author(s): I Nemes
Date Published: 1992
Page Count: 17
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: Australia
Annotation: This analysis of Australian legislation regarding the prosecution of Nazi war criminals from World War II focuses on the history and current status of the law and its implementation, as well as its moral and jurisdictional aspects.
Abstract: The War Crimes Amendment Act 1988 took effect on January 25, 1989, and made substantial changes to the War Crimes Act 1945. Instead of a military court hearing the charges, State and Territory Courts now have Federal jurisdiction to try the cases. The law also restricts the operation of the Act to war crimes committed in Europe between September 1, 1939, and May 8, 1945. The problems associated with the passage of the legislation as well as with the committal hearings have been and continue to be considerable. The Federal Government's recent decision to abandon further investigations into a fourth alleged Nazi war criminal living in Australia make it likely that no further charges will be placed under the law. This decision indicates that political expediency was won out over justice and due process. By abandoning the investigations, the government is allowing Nazi war criminals to remain complacent and protected from their past. However, the age or frailty of the accused should not hinder Australia in accepting this valuable opportunity to publicly denounce and criminalize their past actions. Footnotes
Main Term(s): Criminology
Index Term(s): Abuse of authority; Australia; Corruption of public officials; Foreign laws
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