Australian soldiers given 'license to kill' IS terrorists in Middle East

Australian soldiers taking part in coalition operations against Islamic State (IS) in the Middle East have been given a 'license to kill', after the government passed last-minute legislation in the Senate on Thursday evening.

As the government scrambled to get key legislation passed before both Houses began the Christmas break, the Criminal Code Amendment (War Crimes) Bill 2016, which gives Australian Defence Force personnel power to use lethal force against terrorists outside of direct combat, breezed through the Senate with bipartisan support.

In a joint statement released late on Thursday, Australia's Prime Minister and Defence Minister said the laws would mean Australia's Defence Force personnel would be protected from criminal charges if they engage terrorists outside of "direct hostilities".

"The (legislation) aligns Australia's domestic law with international humanitarian law and provides legal certainty for Defence personnel fighting terrorist groups in combat zones," the statement said.

"Until now, Australian domestic law restricted the ADF from targeting key players in IS combat operations who were not directly involved in hostilities.

"Targeting these individuals could have exposed ADF personnel to prosecution under the Criminal Code, even if their actions were consistent with international law.

"This meant that members of IS and other organised armed groups had greater protection from attack than members of an ordinary state's armed forces."

The government said the amendment to the law "eliminates this problem and brings ADF operations into line with our key coalition partners fighting IS in Iraq and Syria". Endit