Comparing Australia’s Brereton Inquiry and New Zealand’s Burnham Inquiry: A Discussion

Lloydd, M., Cormier, M., Fowler, A. et al 2023. Comparing Australia’s Brereton Inquiry and New Zealand’s Burnham Inquiry: A Discussion. New Zealand Journal of Public and International Law.

TitleComparing Australia’s Brereton Inquiry and New Zealand’s Burnham Inquiry: A Discussion
TypeJournal article
AuthorsLloydd, M., Cormier, M., Fowler, A. et al
Abstract

The following is an edited transcript of an exchange between the contributors on 28 October 2021, organised by Marnie Lloydd. The purpose of the discussion was to collectively address and compare key factors and legal issues arising from the Afghanistan Inquiry Report from the Inspector-General of the Australian Defence Force (commonly referred to as the Brereton Report) and the New Zealand Government Inquiry into Operation Burnham. As well as comparing the technical details, approach, findings and reception of the two inquiries, the discussion focused on Afghan victim participation and perception/reception of the inquiries in Afghanistan. The contributors also considered broader questions, such as what New Zealand or Australia could learn from the other’s inquiry and what has not been tackled or still needs to be done. Rather than necessarily representing an in-depth or conclusive view on any specific issue, the contributors approached this discussion as an opportunity to learn from one another’s respective areas of expertise and, more broadly, to identify commonalities, differences and paths for future reflection. Some of the views shared were, however, based on more specific research of the contributors and references to those works are provided at the end of this discussion.

KeywordsAustralia; New Zealand; war crimes; Afghanistan
JournalNew Zealand Journal of Public and International Law
ISSN1176-3930
Year2023
PublisherNew Zealand Centre for Public Law at the Faculty of Law, Victoria University of Wellington
Accepted author manuscript
File Access Level
Open (open metadata and files)
Web address (URL)https://www.wgtn.ac.nz/public-law/publications/nz-journal-of-public-and-international-law

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