The hearing will commence at 9.30am AEST. 

The committee will hear from a panel of experts on Genocide, and those with lived experience, including Uncle Robbie Thorpe, Nasser Mashni (APAN), Amnesty International, and the Islamic Council of Victoria. The Attorney-General's department will also participate.

Senator Thorpe’s Bill seeks to remove the Attorney General’s existing ‘fiat power’, which gives the AG unchecked power to block prosecution of genocide, war crimes and crimes against humanity from proceeding in Australian courts.

A number of inquiry submissions highlight the conflict of interest that this power creates between the AG’s role as a politician, member of the government and often Cabinet Minister, and their role in determining whether proceedings for international crimes should be commenced.

The Bill would amend the Criminal Code Act 1995 to uphold the spirit and intention of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide, to better hold Australia accountable to its role in the prevention and punishment of the worst crimes of humanity.

This hearing is an opportunity to understand what the Bill can achieve for victims of Genocide and other atrocity crimes, and how we can better protect communities against past, ongoing and future crimes against humanity.

Watch the public hearing online. Date: Tuesday, 30 July Time: 9:30AM - 3:15PM AEST

View the inquiry submissions here

Quotes attributable to Lidia Thorpe, Gunnai, Gunditjmara and Djab Wurrung independent Victorian Senator:

“No politician should get to say who can and can’t be held accountable in our legal system, particularly in relation to the most atrocious crimes like genocide, war crimes and crimes against humanity. ”

“My Bill helps get political interference out of our legal system, and gives victims and survivors of these most heinous crimes a better chance at justice.”

“Whether you're a Palestinian Australian who has seen your family murdered in Gaza, or a Blak Mother wanting to hold this government to account for the ongoing removal of First Nations children, my bill will give people in this country a better chance for justice”. 

“The government has a choice: they can support this bill and stand on the side of human rights, the rule of law, and everyday people, or they can choose to maintain their undue influence over our courts, and their ability to provide cover for war criminals”

“Australia has been avoiding its obligation to prevent and punish Genocide, and has failed to implement the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, despite being a signatory”. 

“I look forward to tomorrow’s hearing, and being able to hear from people directly impacted by ongoing genocides, from people who have tried to pursue genocide cases in this legal system, and experts in the field.”

Quotes attributable Krautungalung Elder, Uncle Robbie Thorpe"

“Mere acknowledgment of the past is a farce. We demand action that confronts the
legacies of colonisation and ensures a future where our children thrive on their own terms.
This government must be held accountable for its crimes.”

“We have never ceded our Sovereignty. This land remains unceded, and the so-called legal system here is based on lies and theft. Australia remains a crime scene until justice is served.”

“We must all stand together to end these atrocities and recognise the Sovereignty of First Nations people.”

Key Quotes from Inquiry Submissions 

Amnesty International Australia (Submission 1): 

"While the Court [The ICC] has been one of the twentieth century’s most important creations in the struggle against impunity for the worst crimes known to humanity, the way in which states - including Australia - have implemented their obligations has undermined the effectiveness of the Court."

Australia Palestine Advocacy Network (Submission 20):

“By eliminating the Attorney-General's fiat, Australia would strengthen judicial independence, safeguard the integrity of legal proceedings, and ensure that allegations of genocide and other serious crimes are adjudicated impartially and in accordance with both domestic legislation and international legal obligations."

“This reform is essential to uphold Australia's commitment to human rights and justice, providing a robust framework for accountability and fair trials.”

Dr Monique Cormier and Dr Anna Hood (Submission 10):

“We welcome Senator Thorpe’s Bill. It provides an important opportunity to amend the Criminal Code so that Australia can play a stronger role in the prosecution of the most serious crimes of international concern: genocide, crimes against humanity and war crimes.”

“There is nothing to prevent an Attorney-General’s prosecutorial decisions in this space being influenced by political bias or appearing to be influenced by political bias. In light of this, we support amending the unfettered discretion the Attorney-General currently has over the commencement of international criminal cases”

The Islamic Council of Victoria (ICV) (Submission 2):

"Current Australian laws do not adequately reflect and uphold our international responsibilities in relation to mass atrocity crimes. The state’s record of pursuing justice and facilitating access to justice for these crimes is deplorable”

“The Bill provides a rare opportunity for Australia to take positive steps forward and eliminate restrictions on access to justice.”