Uncle Robbie Thorpe was in the Supreme Court of Victoria yesterday, taking action against the Magistrates’ Court of Victoria and the Attorney-General of Victoria, for failing to recognise First Nations peoples’ right to prosecute genocide crimes.
The case argues that implementing international genocide laws in Australia is invalid unless Aboriginal people can prosecute non-Aboriginal offenders.
It also seeks to challenge the immunity from prosecution of genocide crimes that high-ranking officials, including King Charles III, have.
Uncle Robbie Thorpe says that the current legal framework perpetuates the destruction of Aboriginal communities by denying their sovereignty.
It aims to address past and ongoing injustices against First Nations people in Australia, and frames the ongoing injustices as a sustained genocide of First Nations communities.
The hearing that is being heard today is about whether or not the crimes of genocide alleged by Uncle Robbie Thorpe can be prosecuted within the Magistrates oCurt.
Historical and ongoing genocide
In his opening statements yesterday, Uncle Robbie Thorpe sought to clarify falsehoods in the historical record, and what he saw as a dissonance between justice and what’s been perpetrated against First Nations people.
He said that Australia has failed miserably on the issue of genocide, and that there is a case for prosecution on the grounds of genocide.
“In 1999 the Federal Court Judge Kenneth Crispin said clearly that there’s plenty of evidence that suggested genocide occurred as a matter of proving the intent.
“How do we do that? But why? The court said they demonstrate that they themselves are unwilling and they’re unable to carry out these pretty fundamental issues of law.”
Uncle Robbie Thorpe says that genocide is still continuing and the courts continue to play a key role.
“Our removal of our children is worse than it ever was.
“It’s a shameful situation, and we don’t expect anything other than a denial and the claim that we’re vexatious and frivolous all the time but we’re not.”
Uncle Robbie Thorpe pointed to Australia’s failure to fully implement the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, under which he claims Australia would have been in contravention of the majority of its points for its treatment of First Nations peoples.
He implored the court to do the right thing with the power it has to correct and prevent the course still on set by genocide.
“We are disappearing ... Sooner or later it will catch up to you.”
“That’s what we’re saying here . We’d like for you being in the position you are in this court, in this country, in this state, to make the right steps and the right direction.”
The court heard from the lawyer representing the Magistrates Court, that the court does not have jurisdiction to go ahead with prosecution.
Amendment of Criminal Code tabled
Gunnai Gunditjmara and Djab Wurrung woman Senator Lidia Thorpe tabled amendments to the federal Criminal Code Bill in February, attempting to repeal the Australian Attorney-General’s power to veto any prosecutions of genocide, crimes against humanity, and war crimes.
The amendments were tabled a day after the Labor government voted down the Greens’ motion for a ceasefire in Gaza, in an attempt to repeal the Attorney General’s block.
“These changes facilitate truth-telling and accountability, without which, there will be no change,” Senator Thorpe said, during her second reading speech on the Criminal Code Amendment (Genocide, Crimes Against Humanity and War Crimes) Bill 2024.
Thorpe made the point that Australia may be reluctant to recognise and prosecute genocide due to past actions of the Crown and Australian Governments.
“Unless governments commit and choose to be held, and hold others accountable, crimes against humanity, genocide, war crimes, suffering and mass death will happen again, over and over again,” she said.
By Jonah Johnson of NITV