Legal Studies

Coercive Control

Involves systematic patterns of behavior denying victims independence and autonomy, recognized as domestic abuse.

Coercive Control Act 2022 (NSW)

Makes coercive control a standalone offense, illegal in New South Wales with a maximum penalty of seven years imprisonment.

Hannah Clarke Case

Catalyst for recognizing and criminalizing coercive control after her tragic death due to her ex-partner's abusive behavior.

Apprehended Violence Order (AVO)

Court order protecting individuals by restricting or prohibiting another person's behavior, particularly in domestic relationships.

Bail Reforms

Reversed bail presumption for serious domestic violence offenses, requiring offenders to justify their release, including electronic monitoring.

UN Security Council

Ensures international peace and security, with the authority to make binding decisions, impose sanctions, and authorize peacekeeping missions.

International Court of Justice (ICJ)

Primary judicial organ of the UN, adjudicates disputes between nations, and provides advisory opinions on international legal issues.

International Criminal Court (ICC)

Independent tribunal prosecuting individuals for serious international offenses, based in The Hague, Netherlands.

International Customary Law

Based on traditions and customs accepted by the international community, like the abolition of slavery.

Condition for Coercive Control

Changing social values and increased coercive behaviours

• The NSW Domestic Violence Death Review Team found that “in 97% of intimate partner domestic violence homicides cases, the victim had experienced coercive and controlling behaviours before being killed.”

Agency for Coercive Control

The Coroner’s Inquest found that Hannah Clarke had been subject to coercive behaviours unknowingly prior to her death. Therefore, the Coroner suggested that the law about domestic violence should be reformed to include coercive behaviours meaning “any behaviour which scares, hurts, isolates, humiliates, harasses, monitors, takes away another person’s freedom or unreasonably controls their day-to-day activities.”

Mechanism for Coercive Control

Parliament - the passing of The Coercive Control Bill 2022 (NSW)

Was this effective

The New South Wales Bar Association has stated that the committee's work made clear that criminalising coercive control will increase the ability of the criminal justice system to respond to patterns of behaviour that are not currently captured adequately by the law.

ADVO and Bail Reforms

Reversing the presumption of bail for serious domestic violence offences, by expanding the category of “show cause” offences. Now included as a show cause offence are significant domestic violence acts involving intimate partners, such as kidnapping, strangulation with the intention of committing another offence, and sexual assault, and also acts under the definition of coercive control in 54F of legislation. Furthermore, if granted bail will be subject to surveillance by electronic monitoring.

Legislative Change ADVO and Bail

The Bail and Other Legislation Amendment (Domestic Violence) Act 2024 amends both the Bail Act 2013 and the Surveillance Devices Act 2007.

Condition for ADVO and Bail Reform

Changing Social Values

Agency

The media

SMH Article “Rising number of men ignore domestic violence orders”

SMH Statistic “In the 5 years leading to 2023 there has been an increase in ADVO breaches by 35%”

UNSC Definition

is one of the six principal organs of the United Nations and is charged with ensuring international peace and security, it has the authority to make legally binding decisions, including imposing sanctions, authorising the use of force, and establishing peacekeeping missions.

UNSC Example

The security council demanded a temporary but “immediate ceasefire” on Israel with the demand of release of all hostages to allow humanitarian aid.  Due to article 42 of the UN Charter stating the security council can take action by air, sea or land forces to maintain or restore peace, it has proven to be effective. 

 Russia, using its rights as a permanent member, instantly and unilaterally vetoed a resolution opposing the invasion into Ukraine that was cosponsored by 81 of the U.N.'s 193 members though it was a breach of both international law and the fundamental principles of the charter.

ICJ Definition

The International Court of Justice is the primary judicial organ of the UN and is the only international court that adjudicates general disputes between nations, and gives advisory opinions on international legal issues. 

ICJ Examples

The U.S. was found to have broken international law in 1986 when it aided right-wing rebel organisations in their hidden war activities against the government of Nicaragua. Nevertheless, the United States withdrew from mandatory jurisdiction and refused to abide by the court's decision, which required the country to pay war reparations. To have the ruling enforced, Nicaragua went to the Security Council; however, the United States, a permanent member of the Council, opposed the motion.

ICC Definition

International Criminal Court (ICC) is an independent international tribunal established to prosecute individuals for the most serious offenses of international concern, such as genocide, crimes against humanity, war crimes, and the crime of aggression. It is based in The Hague, Netherlands.

ICC Example

The ICC does have jurisdiction to prosecute individuals in the State of Palestine as it has signed the Rome Statute and can also prosecute individuals from Israel as though it is not signatory, crimes to the international community are being committed by Israel in Gaza. However, the court has no administrative body therefore would rely on member states to make arrests. 

International Customary Law: 

Not a written document, it is based on traditions and customs which are seen to be fair and right by the international community. E.g. the abolition of slavery

Instruments (declaration and treaties): 

Treaties: International agreements that are written and binding on the countries that sign and ratify them.  E.g. Conventions on the Rights of the Child (CROC)International convention on Civil and Political Rights (1966)

• Declaration: formal and written statement which outlines principles, policies, or intentions but does not have the binding legal force of a treaty.

  • E.g., Universal Declaration of Human Rights 

Legal decisions, writings:

Legal decisions are judgments and rulings issued by international courts and tribunals. They do not have binding precedent but are persuasive and can influence the interpretation, application, and development of international legal principles and norms.