Senator Thorpe has criticised a committee report released today into the Criminal Code Amendment (Genocide, Crimes Against Humanity and War Crimes) Bill 2024, saying the committee’s recommendation fails to fulfil Australia’s international legal obligations.
Thorpe’s private Senators Bill seeks to remove the requirement for the Attorney-General to consent to atrocity crime cases to allow anyone to file for proceedings on these crimes in Australian courts. It would also allow cases blocked by previous Attorneys-General since 2002 to be reviewed.
Read more about the Bill here.
Senator Thorpe has issued a dissenting report providing recommendations aimed at ensuring Australia adheres to its legal and moral responsibility to prosecute and punish perpetrators of atrocity crimes.
Thorpe’s recommendations also provide for transparency and accountability measures and a victim-centred justice approach.
Read the dissenting report here.
Senator Thorpe’s bill is due to be debated and voted on in the Senate on Thursday November 28.
Quotes attributable to Lidia Thorpe, Gunnai, Gunditjmara and Djab Wurrung independent Victorian Senator:
“The committee’s response to the evidence provided to this important inquiry is a complete farce, and a reflection of this government’s unwillingness to adhere to its international obligations to prevent and punish the worst of all crimes.
"The committee has failed to put forward any constructive recommendations to address Australia’s failure to investigate and punish Genocide and international crimes more widely. And they have dismissed serious concerns expressed by the many community members and expert witnesses who made submissions to this important inquiry.
"Australia is a signatory to the Genocide Convention and the Rome Statue. This means it’s our legal obligation to do all we can to prevent and punish Genocide, crimes against humanity and war crimes.
"The report’s recommendation shows the government’s stated commitment to these conventions is disingenuous. What’s the point of signing up to these conventions if you’re unwilling to follow them?
"‘Never again’ should actually mean ‘never again’.
"This Bill has the support of international human rights experts, communities affected by genocide all over the world, as well as First Peoples and allies, who all agreed that victims of atrocity crimes should have better access to justice.
"The committee recommendation denies that the government has responsibility to act. By failing to comprehensively and immediately act upon atrocity crimes, the government is enabling and complicit in Genocide. This is white supremacy in action.
"It is no coincidence that Attorney-General fiats exist primarily in settler colonies like New Zealand, Canada, the United States and the UK. The fiat is a deliberate legal protection for these governments from being prosecuted for genocidal actions towards First Peoples.
"Victims deserve justice, but this government is more interested in protecting perpetrators from accountability."