Greg Barns
Greg Barns SC is a former National President of the Australian Lawyers Alliance
Greg's articles (98 total)
Rubio’s attack on the ICC is a test for Australia
The Trump administration’s campaign against the International Criminal Court is a direct attack on accountability. Australia must not abandon its Rome Statute obligations.
High Court strikes down Commonwealth on long-detained refugees
The High Court’s latest ruling on false imprisonment exposes the legal, financial and human consequences of Australia’s punitive immigration detention system, and the political refusal to abandon cruelty as policy.
It is time for a real liberal party
More than 20 years after he wrote that the Liberal Party has deserted it roots and become deeply conservative, Greg Barns argues it is well beyond time for a genuine liberal force to enter the fray.
Australia’s ISIS cases test law, politics and fairness
Three women repatriated from Syria have been charged with serious offences under Australian law, but the response from political leaders risks undermining the right to a fair trial.
Antisemitism inquiry interim report: we don’t need more terror laws – we need gun reform
The antisemitism inquiry interim report finds Australia already has extensive terrorism laws, while urging governments to move faster on long-delayed national gun reform.
Tune in, turn on, and drop out: the case for legalising psychedelics is stronger than ever
Decades of prohibition have failed to stop psychedelic drug use while blocking research and treatment options, raising questions about the basis of current laws.
The most liberal of Judges – Anthony Mason
Beyond his landmark judicial legacy, Anthony Mason’s later advocacy for a bill of rights and a republic remains a powerful challenge to Australia’s political conservatism.
Another High Court rebuke on immigration laws – and a warning on rushed policymaking
A new High Court ruling has struck down the Albanese government’s restrictions on former immigration detainees – exposing the risks of rushed, politically driven lawmaking.
Foreign fighters for Israel – beyond the reach of Australian law?
While the government vows to block the return of Australian women and children from Syria, hundreds of Australians who have served with the Israeli Defence Force face little scrutiny on their return – despite serious allegations of war crimes in Gaza.
Grace Tame, free speech and the return of political punishment
Calls to strip Grace Tame of her Australian of the Year award over her protest speech highlight a troubling slide towards political punishment and selective free speech.
Bad laws are the worst sort of tyranny – and this one ticks every box
A sweeping new bill to combat antisemitism, hate and extremism was rushed through federal parliament this week with minimal scrutiny and major rule-of-law flaws. Its vague definitions, retrospective reach and expanded executive powers risk undermining rights, due process and democratic accountability.
Best of 2025 - OFFICIAL – Israel’s proposed death-penalty law is a war crime
Not satisfied it seems with the continued genocide of Palestinians, Israel is now looking to execute Palestinian prisoners by introducing a death penalty law.
Best of 2025 - Albanese and Rudd sold out freedom of the press this week
Many Australian journalists think Prime Minister Anthony Albanese and Ambassador Kevin Rudd did a wonderful job this week in handling the corrupt narcissist who runs the United States, Donald Trump.
Best of 2025 - 7 October not a day to abuse protesters
When it comes to the domestic political fallout from the Gaza conflict, there are no more reliable and uncritical friends of Israel than Victoria’s Premier Jacinta Allan and her New South Wales counterpart Chris Minns.
Best of 2025 - FOI changes big backward step for government transparency
There has been much commentary, most of it critical, about federal Attorney-General Michelle Rowland’s recently introduced Bill that amends the Freedom of Information Act by restricting access through measures that will allow undermine a core democratic principles – accountability by government to the people it serves.
Rethinking the call for a royal commission after Bondi
After initially calling for a federal royal commission into the Bondi attack, Greg Barns and Kym Davey explain why they have changed their minds – and why existing legal processes may offer greater accountability without inflaming division.
Best of 2025 - Dreyfus leaves little legacy
In his term as attorney-general, Mark Dreyfus failed to address many big issues.
Best of 2025 - Australia must defend International Criminal Court
If it were China or Russia, the imposition of sanctions and threats of harm to prosecutors and judges of the International Criminal Court would be front page news in Australia.
Bondi demands answers – and a Royal Commission
Revelations about overseas training, intelligence failures and police responses raise urgent questions that cannot be left to internal reviews.
Australia’s social media ban puts free speech on the chopping block
Australia’s social media ban for under-16s is being sold as a protection for children, but it raises serious questions about free speech, democratic participation and the perverse effects of prohibition.
OFFICIAL – Israel’s proposed death-penalty law is a war crime
Not satisfied it seems with the continued genocide of Palestinians, Israel is now looking to execute Palestinian prisoners by introducing a death penalty law.
Albanese and Rudd sold out freedom of the press this week
Many Australian journalists think Prime Minister Anthony Albanese and Ambassador Kevin Rudd did a wonderful job this week in handling the corrupt narcissist who runs the United States, Donald Trump.
7 October not a day to abuse protesters
When it comes to the domestic political fallout from the Gaza conflict, there are no more reliable and uncritical friends of Israel than Victoria’s Premier Jacinta Allan and her New South Wales counterpart Chris Minns.
Recognising Palestine a long overdue act of courage
At the UN this week, in a long overdue act of courage, the Australian Government has recognised the State of Palestine.
FOI changes big backward step for government transparency
There has been much commentary, most of it critical, about federal Attorney-General Michelle Rowland’s recently introduced Bill that amends the Freedom of Information Act by restricting access through measures that will allow undermine a core democratic principles – accountability by government to the people it serves.
Australia must defend International Criminal Court
If it were China or Russia, the imposition of sanctions and threats of harm to prosecutors and judges of the International Criminal Court would be front page news in Australia.
Universities, free speech and the High Court
Greg Barns looks at the legal implications for universities, who last year adopted an IHRA-aligned definition of antisemitism, in wake of a large scale boycott of the Bendigo Writers Festival.
Albo's Palestine delay an act of moral cowardice
The Albanese Government’s failure to move to follow the lead of the UK, Canada and France in recognising the state of Palestine smacks of cowardice.
Antisemitism envoy's report 'Trumpian'
The report of the Albanese Government’s antisemitism envoy, Jillian Segal, contains recommendations that will lead to erosion of freedom of expression and the right to protest.
Freedom of speech and chants
“Death, death to the IDF [Israel Defence Forces]” and “Death, death to the IOF [Israeli Occupying Force]”. Chants that some in the Palestinian support movement in Melbourne used last weekend.
Lattouf’s win over ABC a big victory for freedom of expression
Journalist and broadcaster Antoinette Lattouf’s win over the ABC in the Federal Court is a significant victory for freedom of expression.
Bombing Iran a clear breach of international law
As the world reacts to the entry of the US into Israel's attack on Iran, Greg Barns says the actions betray the rules-based order.
Tasmania in the news for all the wrong reasons
It’s rare that the biggest news in Australian politics emanates from Tasmania.
Australia still doing little as the Gaza genocide gets worse
Australia doesn’t mind imposing sanctions on nations or groups it regards as being deserving of punishment for their nefarious activities, Russia, Iran and Zimbabwe to name a few.
Dreyfus leaves little legacy
In his term as attorney-general, Mark Dreyfus failed to address many big issues.
If I were attorney-general...
If I were attorney-general of the Commonwealth after Saturday’s election there is one person I would seek to emulate, the Whitlam era’s Lionel Murphy.
Federal election: Time to hold MPs accountable for stance on genocide
Israel’s slaughter of Palestinians in Gaza, and now its seizing of their land is the worst example of genocide since the horrors of the genocides of Darfur in Sudan in 2003 and Rwanda in the 1990s.
No apologies over fabricated terror plot from pollies or lobby groups
When it comes to antisemitism, politicians in this country are often quick to jump on the claim without waiting for evidence. With notable and laudable exceptions like the Greens and independents such as Tasmanian federal MP Andrew Wilkie, it seems any allegation will do when it comes to the opportunity to imply Arab Australians, the Muslim community and Palestinian supporters are trying to destroy the lives of the Jewish community.
Cultural McCarthyism in Australia: The new battleground for artistic freedom
McCarthyism — the infamous anti-communist witch hunt of the 1950s — is thought of as a dark chapter in American history, where accusations alone could destroy careers, reputations, and entire artistic movements. Figures such as screenwriter Dalton Trumbo, playwright Lillian Hellman, and actor John Garfield saw their careers derailed, with many blacklisted from the industry. That frightening era is upon us again with elements of the pro-Israel lobby and governments working over weak cultural institutions such as Creative Australia to ban artists.
Australia's silence on Trump's ICC sanctions is nothing but shameful
Last Friday 79 nations signed a statement condemning the announcement 24 hours earlier by genocide enabler US President Donald Trump, that he was imposing sanctions on officials of the International Criminal Court because they had issued a warrant for the arrest of architect of genocide of the Palestinian people, Israeli Prime Minister Benjamin Netanyahu.
The Genocide Red Line Package – a litmus test for our legislature
In the period since 7 October 2023, serious questions have arisen as to whether the Australian Government is properly discharging its obligations under international law in light of Israel’s devastation of Gaza, invasion of Lebanon and the escalation of settler violence in the illegally occupied West Bank. In November 2024, Senators Lidia Thorpe and Fatima Payman introduced a package of 3 bills — the Genocide Red Line Package — aiming to require compliance by Australia with its international law obligations in relation to genocide, serious breaches of international law and illegal settlements in occupied Palestine.
Canada and Australia's federal elections
Not for the first time the political landscapes in Australia and Canada are worthy of comparison. This year both nations are holding elections and the opposition parties, the Conservatives in Canada and the Liberals in Australia, are led by right wing populists.
Another victim of the United States’ obsessive anti-China strategy
The law and politics can be callous. And it certainly has been in the case of 56-year-old Dan Duggan, a former US Marines pilot, now an Australian citizen. Five days before Christmas the federal Attorney-General Mark Dreyfus announced Mr Duggan would be extradited to the United States to face charges relating to allegations, vehemently denied by Mr Duggan, that he breached arms trafficking laws and engaged in money laundering and conspiracy offences, by training Chinese pilots in South Africa between 2010 and 2012. On Tuesday, Mr Duggan's family announced it was appealing Mr Dreyfus' decision.
Dreyfus' trip to Israel makes a mockery of Labor's foreign policy
The role of the attorney-general in Australia, even in these partisan times, is to uphold the rule of law, as the former Chief Justice Sir Anthony Mason said. So how can it be in any way compatible with that duty for Mark Dreyfus, the current holder of the office, to head to Israel and meet with a government that is committing genocide, war crimes, and crimes against humanity?
Synagogue attack: The unashamed trashing of the rule of law by news outlets
The attack last week on a Melbourne synagogue is undoubtedly a criminal offence. But according to the News Limited media outlets, many in the Jewish community and the broader pro Israel movement, and now the Prime Minister Anthony Albanese, it was an act of terrorism.
“Systemic criminality”: The reality of Israel’s destruction of Gaza
“Now go, attack the Amalekites and totally destroy everything that belongs to them. Do not spare them; put to death men and women, children and infants, cattle and sheep, camels and donkeys.” That is from the Facebook page of the deputy commander of Israel’s 749 Combat Engineering Battalion (the 749) Lieutenant Colonel Adi Bekore. Did he mean it? It seems, tragically for those Palestinians now deceased and those who have had their lives destroyed, and for humanity generally, he did.
Equality under the law: the differing treatment of Hezbollah and Israel in Australia
Last week the federal Opposition Leader Peter Dutton was asked by a journalist about the process for making Hezbollah, the Lebanon-based political and militant group, a ‘proscribed terrorist organisation’. As is usually the case for a politician caught out because they don’t know the answer, he became aggressive and sought to belittle the journalist.
Tasmanian Holocaust Centre must reflect the horror of genocide in Palestine
In the past 5 years both the Morrison and Albanese governments have provided funding to enable each state and territory to build, or expand on an existing, Holocaust museums or education centres. The Tasmanian government announced last year it had secured $2m in Commonwealth funding to build a centre at the Tasmanian Museum and Art Gallery in Hobart.
UN Palestine vote: Australia shows it lacks a backbone
Why is it that successive Australian Governments cannot bring themselves to call out Israel for what it is? A state that constantly ignores international law, most recently in the current Gaza conflict where there can be no doubt that war crimes have been, and are being committed against the Palestinian population. What Israel is perpetrating against the Palestinians is genocide on any definition.
Zionist bullying distorts politics, media and education
In addition to physical or psychological abuse, bullies use power in relationships to pressure others to adopt their world views. The bullying may appear in letters, lobbying, radio and television interviews, secret meetings with politicians and business leaders and even in legal action against those who criticise the bullies’ points of view.