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ARTICLE · 30 AUGUST 2024

Blocking genocide prosecutions to maintain sovereignty is the Australian way

The Genocide Bill has been sent to the Senate Legal and Constitutional Affairs Legislation Committee to undergo review.

AustraliaInternational Law

Krauatungalung elder Uncle Robbie Thorpe lodged a  private criminal prosecution with the Magistrates' Court of Victoria against attorney general Mark Dreyfus, with the charge sheet outlining that over the chief lawmaker's time in parliament, he's failed to "stop and prevent the ongoing Aboriginal genocide".

If the Magistrate's Court accepts the charge sheet, Dreyfus will stand charged with  genocide by inflicting destructive life conditions, contrary to section 268.5 of the Criminal Code Act 1995 (Cth), which is an offence that carries life imprisonment.

The difficulty with this case making it to the Victorian Supreme Court is that to prosecute any of the five types of genocide offences that appear in Australian domestic law, the attorney general's written consent for such proceedings to commence is required, under section 268.121 of the Criminal Code.

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