Analysis of information sources in references of the Wikipedia article "Ex post facto law" in English language version.
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(help)Australia is a party to...the International Covenant on Civil and Political Rights (ICCPR).
Australia is also a party to...the Optional Protocol to the International Covenant on Civil and Political Rights.
The second paragraph of Article 11 is a ban on retroactive laws...Paragraph 2 says: "No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed."
Article 15(1) of the International Covenant on Civil and Political Rights expressly prohibits the implementation of retrospective criminal laws.
The Optional Protocol sets up a mechanism by which individuals can file complaints with the Human Rights Committee against states (which have ratified the optional protocol) for non-compliance with the provisions of the International Covenant on Civil and Political Rights (ICCPR). Notably, the mechanism is available to all "individuals subject to the jurisdiction" of the State party rather than only citizens.
Australia's commitment to human rights is enduring: we were an original signatory to the Universal Declaration of Human Rights in 1948.
The Optional Protocol sets up a mechanism by which individuals can file complaints with the Human Rights Committee against states (which have ratified the optional protocol) for non-compliance with the provisions of the International Covenant on Civil and Political Rights (ICCPR). Notably, the mechanism is available to all "individuals subject to the jurisdiction" of the State party rather than only citizens.
Article 15(1) of the International Covenant on Civil and Political Rights expressly prohibits the implementation of retrospective criminal laws.
Australia was also one of eight nations involved in drafting the Universal Declaration.
The Universal Declaration is not a treaty, so it does not directly create legal obligations for countries...it is an expression of the fundamental values which are shared by all members of the international community.
The second paragraph of Article 11 is a ban on retroactive laws...Paragraph 2 says: "No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed."
I think your Committee will be familiar with what Lord Denning, then Master of the Rolls, said in McCarthy v Smith: 'If the time should come when our Parliament deliberately passes an Act with the intention of repudiating the Treaty or any provision of it or with the intention of acting inconsistently with it—it says so in express terms—I should have thought it would be the duty of our courts to follow the statute in our Parliament.' That much is clear. Other consequences would follow in those circumstances, which arise from our signature on the Vienna Convention on the Law of Treaty, Article 27, which says that you have to respect the international obligations into which you have entered.
Australia was also one of eight nations involved in drafting the Universal Declaration.
Australia's commitment to human rights is enduring: we were an original signatory to the Universal Declaration of Human Rights in 1948.
The Universal Declaration is not a treaty, so it does not directly create legal obligations for countries...it is an expression of the fundamental values which are shared by all members of the international community.
Australia is a party to...the International Covenant on Civil and Political Rights (ICCPR).
Australia is also a party to...the Optional Protocol to the International Covenant on Civil and Political Rights.