It would appear from statements tendered to the Federal Court yesterday that citizens of Australia who are in danger abroad have no basis in law to call on their government for aid and assistance. The fact this seems to fly in the face of what has always been seen as fundamental to the entire system of government responsibility makes no difference. It is simply *not* enshrined in law… tho of course there might be reason to claim ‘custom and practice’ have made it so.
The case is – again – related to David Hicks ongoing incarceration and torture by the USA and the perceived compliance of the Australian government in his treatment.
Counter arguments suggest that the Prime Minister, Foreign Minister and Attorney-General were complicit in the commission of a *war crime* by allowing David to have been held, to be paraded before a kangaroo court created specifically to find him guilty of anything and whatever the subsequent sentence is determined to be.
Whilst the incumbent party is in power there is not likely to be any issue made, but if Labor should take over at the next election they might well find himself under investigation with possible charged laid!!
It’s not escaped attention that while it is illegal in the USA for a citizen to be hauled before the Military Court… it is ok for an Au,stralian to face it!! This is to say the least inequitable treatment and again raises the issue of kangaroo courts.
We’re watching proceedings closely, but the possibility we are *not* able to claim by right, legal support is a worrying one. I wonder what the legal situation is back in the UK?l
The Eclectic Interweb 
If kangaroo courts are going to occur, Australia does seem to be the natural place.