Law academics emphasized that the current interpretation of the law in Australia limited the prosecution of international crimes, hindering justice for victims. They argued that private citizens should have the right to initiate legal proceedings for genocide committed in Australia. This issue was discussed during an inquiry on July 30, where academics from various universities presented their perspectives on a genocide bill proposed by Senator Lidia Thorpe.
The proposed Criminal Code Amendment (Genocide, Crimes Against Humanity and War Crimes) Bill 2024 aims to amend the Criminal Code Act 1995 (Cth) to eliminate the requirement for the attorney general’s consent to initiate genocide proceedings. Under division 268 of the Act, Australia has jurisdiction to investigate and prosecute war crimes, genocide, and crimes against humanity that occur in other countries, but the attorney general’s consent is currently necessary to proceed with such cases.
Academics highlighted that the attorney general’s broad power under the current law posed a challenge to Australia’s obligation to ensure accountability for international crimes. They argued that private citizens should be allowed to initiate prosecutions for these offenses, citing existing systems to prevent abuse of the process. Emma Palmer from Griffith University’s law school pointed out the lack of accountability in the attorney general’s discretion to refuse consent without explanation.
She advocated for removing the attorney general’s consent requirement and allowing individuals to file proceedings for international crimes. Sarah Williams, a law professor at the University of New South Wales, supported this change and suggested replacing the requirement with consent from the Director of Public Prosecutions (DPP) to ensure a thorough review process before proceeding with prosecutions.
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