Wayne Jansson
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Asylum seekers arrive at Nauru after being sent from Christmas Island by the Australian Government. Source: Russavia (Wikimedia)
The independent Member for Denison, Andrew Wilkie MP and human rights advocate and lawyer Greg Barns, have made a formal request to the International Criminal Court (ICC) in The Hague, asking for an investigation into members of the Abbott Government for crimes against humanity.
The request claims members of the Australian Government have contravened article 7 of The Rome Statute, thus committing crimes against humanity.
The letter asks that all 19 members of federal Cabinet, including Prime Minster Tony Abbott and Immigration and Border Protection Minister Scott Morrison be investigated.
A previous submission reported by No Fibs was made by lawyer and migration agent Tracie Aylmer.
The ICC decided the alleged crimes in Aylmer’s submission were outside of the ICC’s jurisdiction, but did not clear those named in the submission of the allegations made against them.
In a press interview Wilkie said: “in my application to the prosecutor, I have specifically identified offences of crimes against humanity, such as the forced relocation of people”.
The ICC said in relation to the previous submission made by Aylmer: “the decision not to proceed may be reconsidered if new facts or evidence provide a reasonable basis to believe that a crime within the jurisdiction of the Court has been committed”.
Aylmer’s submission to the ICC included an extensive brief outlining her allegations, along with material evidence to support them.
No additional evidence was provided with the letter sent by Wilkie and Barns. However, No Fibs believes Wilkie and his office will provide material if a request to do so is made by the ICC Prosecutor.
The request for a investigation made by Wilkie and Barns includes allegations of breaches to:
- Refugee Convention
- Convention on the Rights of the Child
- International Covenant on Civil and Political Rights
Crimes within the jurisdiction of the ICC are defined in the Rome Statute (Articles 6 to 8) and further elaborated in the Elements of Crimes, adopted by the Assembly of States Parties.
It’s reported a spokesperson for Morrison said: “The Coalition Government will not be intimidated by attention-seeking advocates”.
View full coverage of developments in this story.
