Across all three countries participating in the security pact AUKUS—Australia, the United Kingdom, and the United States—decisions about military deployment have long been shielded from judicial review through a doctrine known as “nonjusticiability.” In a piece for Lawfare, Samuel White, Daniel Skeffington, and CERL Advisory Council member Geoffrey S. Corn assert that as courts in these countries become increasingly willing to review issues pertaining to the executive’s war powers, the pact could become more vulnerable to operational slowdowns and political obstacles.  

Geoffrey S. Corn is the George R. Killam, Jr. Chair of Criminal Law and Director of the Center for Military Law and Policy at Texas Tech University School of Law. A retired U.S. Army Judge Advocate Officer, he served as the Army’s senior law of war advisor. He is also a member of the CERL Advisory Council. Read his bio here. 

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