Legal Studies
Coercive Control:
Definition:
The Coercive Control Act 2022 (NSW) achieves justice to a significant extent better reflects society's values and ethics which make it more just.
Coercive control is recognised as domestic abuse involving systematic patterns of behaviour with the cumulative effect of denying their victims independence and autonomy.
What has been reformed:
The Coercive Control Act 2022 (NSW) makes coercive control a standalone offence, and illegal in New South Wales with a maximum penalty of seven years imprisonment. The Attorney General Mark Speakman passed the 2022 Coercive Control bill.
What case was a catalyst for change? (CONDITION)
The Hannah Clarke case was the basis on which coercive, manipulative and controlling behaviours were able to be recognised and criminalised as coercive control. Hannah Clarke and her children were burned to death by Hannah’s ex-partner Rowan Baxter, who set alight her car. Baxter had been using coercive control mechanisms to abuse Hannah before this; however these signs were not recognised due to the absence of this area of legislation. BBC News States ‘One reason Baxter appeared to get away with this behaviour was through Ms Clarke being unaware that such conduct was unacceptable and illegal’. This spread outrage in the media and applied pressure on the government to reform laws.
Conditions:
The rise in domestic violence cases leading to death gave rise to the need for coercive control reforms. 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.”
In the 2022 Coercive Control Bill, Dr Mark Speakman states ‘Our community has grieved with the families of too many domestic violence homicide victims’
Agencies:
The coroner's inquest into the death of Hannah Clarke was an agent for change regarding law reform. 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.” In order for society to identify these behaviours and protect the community.
Mechanisms: Parliament - The Coercive Control Bill 2022 (NSW). As a response to media concern, the NSW government reformed the law to criminalise coercive control. Amendments were made to the Crimes (Domestic and Personal Violence) Act 2007 expanding the definition of coercive control.
Was it 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.
Bail Reforms and Apprehended Domestic Violence Orders:
Definition:
An Apprehended Violence Order (AVO) is a court order that aims to protect a person by restricting or prohibiting another person’s behaviour. ADVO involves domestic relationship
What has been reformed:
Reversing the presumption of bail for serious domestic violence offences, by expanding the category of “show cause” offences. This will require alleged offenders to demonstrate why they should be out in the community.
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. If granted bail, the offender will be subject to electronic monitoring unless the bail authority is satisfied sufficient reasons exist – in the interests of justice – to justify not imposing the condition.
The Bail and Other Legislation Amendment (Domestic Violence) Act 2024 amends both the Bail Act 2013 and the Surveillance Devices Act 2007.
What was a catalyst for change: The Herald's analysis of ADVOs in the 5 years to 2023 has seen an increase of ADVO breaches by 35%.
Agencies:
Mechanisms:
Parliament
Was it effective?:
These reforms are recent, with the passing of these laws being released on the 6th of June 2024. However, these decrease the likelihood of risks being posed to the community due to the reverse onus of proof for serious domestic violence offences.
International Law Content- where ICJ has been good/bad, where UN has been good or bad
UN Security Council
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.
Positive 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.
Negative Example: 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.
Positive Example: The dispute between Cameroon and Nigeria concerned ownership over the Bakassi Peninsula as well as establishing of the Gulf of Guinea's sea boundary. Cameroon filed an application with the International Court of Justice in 1994, seeking a decision of the two countries' land and maritime boundaries. The Court found that Cameroon had jurisdiction over the Bakassi Peninsula and defined the territorial boundary between Cameroon and Nigeria. The verdict ended a decades-long territorial dispute, lowering the likelihood of conflict between Cameroon and Nigeria.
Negative Example: 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.
Positive Example:
Negative 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.
Examine the sources of International Law
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.