Australia joins the ‘global Magnitsky movement’

Abstract

ABSTRACT So-called Magnitsky laws allow states to use the tools available to the domestic system to sanction human rights abusers and corrupt actors that commit their violations abroad. Such tools include visa bans, asset freezes and restrictions on the use of banking systems. Other major Western powers have already enacted Magnitsky laws: in December 2021 Australia followed suit, and thus joined what has been dubbed the ‘global Magnitsky movement’. This commentary considers the relatively short history of Magnitsky laws, including the death of their namesake, Russian tax advisor Sergei Magnitsky. The seeming impunity of those behind his murder triggered a campaign for states to use domestic law to somehow punish perpetrators of egregious human rights violations and serious corruption, where they have not otherwise been held to account. By joining the global Magnitsky movement, Australia falls in line with its allies; depending on how the government elects to use its new sanctions power, this will inevitably come at some diplomatic cost.