Discovery Early Career Researcher Award - Grant ID: DE140101253
Funder
Australian Research Council
Funding Amount
$392,360.00
Summary
The Politics of International Criminal Justice after the Arab Uprisings. This project interrogates how international criminal law can reshape state-society relations in periods of transition after conflict or repressive rule. Since late 2011, socio-political and legal change has swept across the Middle East and North Africa, requiring us to understand the role that various forms of national and international law can play in redressing past wrongs. Through interviews with lawyers, judges and memb ....The Politics of International Criminal Justice after the Arab Uprisings. This project interrogates how international criminal law can reshape state-society relations in periods of transition after conflict or repressive rule. Since late 2011, socio-political and legal change has swept across the Middle East and North Africa, requiring us to understand the role that various forms of national and international law can play in redressing past wrongs. Through interviews with lawyers, judges and members of civil society in Libya, Palestine and Syria, this research will provide a rich account of the nature of the emerging Arab state and how it is shaped by international law and notions of individual criminal responsibility.Read moreRead less
Combating sexual violence against women post-conflict through ‘transformative’ reparations: problems and prospects. Sexual violence in post-conflict settings is disproportionately experienced by women. Identifying innovative approaches to address this critical global problem is an urgent task. International justice advocates have identified reparations as a tool to ‘transform’ the conditions underlying the violence and to prevent its recurrence. As the International Criminal Court and other trib ....Combating sexual violence against women post-conflict through ‘transformative’ reparations: problems and prospects. Sexual violence in post-conflict settings is disproportionately experienced by women. Identifying innovative approaches to address this critical global problem is an urgent task. International justice advocates have identified reparations as a tool to ‘transform’ the conditions underlying the violence and to prevent its recurrence. As the International Criminal Court and other tribunals begin to design and implement reparation frameworks, it is a crucial time to define the essential elements for this ‘transformation.’ Of equal importance is determining the limits and potential of these institutions to use reparations to reduce sexual violence against women.Read moreRead less
Reimagining Judging in International Criminal Courts: A Gendered Approach. This project focuses on a significant gap in International Criminal Court research: the contribution of judges to the ICCs poor conviction record for sexual and gender-based (SGB) crimes and their application of gender-sensitive judging in general. Significantly, it aims to provide new knowledge for judges, legal experts, and scholars to improve accountability for SGB crimes and for adopting a gender-sensitive approach to ....Reimagining Judging in International Criminal Courts: A Gendered Approach. This project focuses on a significant gap in International Criminal Court research: the contribution of judges to the ICCs poor conviction record for sexual and gender-based (SGB) crimes and their application of gender-sensitive judging in general. Significantly, it aims to provide new knowledge for judges, legal experts, and scholars to improve accountability for SGB crimes and for adopting a gender-sensitive approach to adjudication. Drawing on judicial interviews and on national court analysis, it will produce a groundbreaking book reimagining ICC cases through a feminist judgement approach and a provide valuable online toolbox for judges and academics. It will advance Australia's commitment to gender justice internationally.
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Optimising access to the Law Reports Series of Australia's war crimes trials, 1945-51. The forthcoming Law Reports Series on Australia’s war crimes trials held in 1945-51 will be, in effect, the official history of the trials. It is vital, therefore, that all users, particularly the Australian public, are provided with the necessary tools to optimally access the Series and thus obtain a comprehensive understanding of the trials.
Community sanctions in Australian criminal justice. This project aims to understand the place of community sanctions in the Australian criminal justice system. At a time of record high imprisonment rates, community sanctions that are alternatives to prison do not have a clear purpose. This limits evaluation of their effectiveness and undermines public confidence in criminal justice. The project will examine the use of community sanctions for Indigenous people, women and people with mental/cognit ....Community sanctions in Australian criminal justice. This project aims to understand the place of community sanctions in the Australian criminal justice system. At a time of record high imprisonment rates, community sanctions that are alternatives to prison do not have a clear purpose. This limits evaluation of their effectiveness and undermines public confidence in criminal justice. The project will examine the use of community sanctions for Indigenous people, women and people with mental/cognitive impairment in three jurisdictions. This is intended to inform scholarly and public debates and to contribute to policies and practices that reduce inequality and enhance justice.Read moreRead less
Where are Indigenous women in the sentencing of Indigenous offenders? The project aims to explore the experience of Indigenous women in Australian courts. Legal sentencing principles for Indigenous defendants have been formulated almost exclusively with Indigenous men in mind. Insufficient research has been undertaken on whether these principles are applicable for Indigenous women. This project undertakes a qualitative analysis of local court sentencing remarks, case files and interviews with In ....Where are Indigenous women in the sentencing of Indigenous offenders? The project aims to explore the experience of Indigenous women in Australian courts. Legal sentencing principles for Indigenous defendants have been formulated almost exclusively with Indigenous men in mind. Insufficient research has been undertaken on whether these principles are applicable for Indigenous women. This project undertakes a qualitative analysis of local court sentencing remarks, case files and interviews with Indigenous women prisoners, court actors and pre-sentence reporters. It seeks to ascertain how local courts represent Indigenous women's experiences such as family violence and family responsibilities and the quality of information before sentencing courts. The project's aim is to ensure appropriate engagement with Indigenous women in courts and sentencing outcomes for Indigenous women offenders.Read moreRead less
Hate crime laws and justice. This project will investigate how the criminal law and justice system can provide an effective but even-handed response to the problem of prejudice-related crime. It will make recommendations to assist in the formulation of law in this area and advance scholarship on crime and punishment.
The last outlaw: Making a nation from the crimes of Jimmy Governor. This project aims to produce a legal history of the murderer Jimmy Governor to discover the extent to which law-making was generated by acts of law-breaking. The Australian Federation laid the foundations for the nation’s legal institutions under the rule of law. The Aboriginal serial killer, Jimmy Governor, was outlawed and convicted on the threshold of Federation, in 1900. Through Governor’s legal history, the project will pro ....The last outlaw: Making a nation from the crimes of Jimmy Governor. This project aims to produce a legal history of the murderer Jimmy Governor to discover the extent to which law-making was generated by acts of law-breaking. The Australian Federation laid the foundations for the nation’s legal institutions under the rule of law. The Aboriginal serial killer, Jimmy Governor, was outlawed and convicted on the threshold of Federation, in 1900. Through Governor’s legal history, the project will produce an account of the law and its outsiders at an important historical moment. This project expects to provide knowledge about punishment, surveillance and imprisonment in the emerging nation, and a history of the rules of evidence and criminal procedure.Read moreRead less
Justice Reinvestment in Australia: conceptual foundations for criminal justice innovation. This project will examine the characteristics of Justice Reinvestment programs used in other countries which reduce spending on prisons and reinvest the savings in high crime communities to reduce crime and build community services. This study will analyse whether such programs can be developed in the Australian context.
Overcoming Violence and Building Peace in Conditions of Complexity in PNG . The project is an investigation of the drivers and inhibitors of three inter-related forms of violence in Papua New Guinea - tribal fighting, sorcery accusation related violence and family and sexual violence. The harm caused by these forms of violence is systemic and ongoing, with widespread negative impacts for women, men and children across multiple dimensions of social and economic development. The project will produ ....Overcoming Violence and Building Peace in Conditions of Complexity in PNG . The project is an investigation of the drivers and inhibitors of three inter-related forms of violence in Papua New Guinea - tribal fighting, sorcery accusation related violence and family and sexual violence. The harm caused by these forms of violence is systemic and ongoing, with widespread negative impacts for women, men and children across multiple dimensions of social and economic development. The project will produce new knowledge about how violence and peace-making initiatives emerge, connect, spread and disperse, and generate new conceptual models to better analyse the dynamics of violence and peace across time and space. These theoretical insights will inform better violence prevention initiatives for Papua New Guinea and beyond.Read moreRead less