Support the Genocide Bill: End Political Interference

Right now, in Australia, an outdated law gives the Attorney-General unchecked power to block cases of genocide, war crimes, and crimes against humanity from going to court. This power—called the AG’s fiat—means that the Attorney-General, a political figure, can prevent these serious cases from ever being heard, going against the intention of the UN’s Genocide Convention.

The Genocide Prevention Bill is a new law being proposed to change this. This Bill would remove the Attorney-General’s power to interfere in these cases. Instead, it would allow anyone to take a case of genocide or war crimes to court without needing a politician’s approval. It also calls for reviewing past cases that were blocked by the Attorney-General, making sure justice can finally be served.

By supporting this Bill, we can ensure that the legal system holds everyone accountable for these serious crimes, free from political interference. Tell your MP and senators to support the Genocide Prevention Bill so that no politician has the power to block justice for victims of genocide and atrocity crimes.

Right now, in Australia, an outdated law gives the Attorney-General unchecked power to block cases of genocide, war crimes, and crimes against humanity from going to court. This power—called the AG’s fiat—means that the Attorney-General, a political figure, can prevent these serious cases from ever being heard, going against the intention of the UN’s Genocide Convention.

The Genocide Prevention Bill is a new law being proposed to change this. This Bill would remove the Attorney-General’s power to interfere in these cases. Instead, it would allow anyone to take a case of genocide or war crimes to court without needing a politician’s approval. It also calls for reviewing past cases that were blocked by the Attorney-General, making sure justice can finally be served.

By supporting this Bill, we can ensure that the legal system holds everyone accountable for these serious crimes, free from political interference. Tell your MP and senators to support the Genocide Prevention Bill so that no politician has the power to block justice for victims of genocide and atrocity crimes.

Email your MP or Senator

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Subject:

I’m writing to urge you to support the Criminal Code Amendment (Genocide, Crimes Against Humanity and War Crimes) Bill 2024, also known as the Genocide bill.The Senate will be voting on this bill on November 28, 2024.

Currently, the Attorney-General holds the power to block cases of genocide and other atrocity crimes from going to court without having to refer to any criteria, or give reasons.

This decision is not able to be challenged, appealed against, reviewed, quashed or called into question. This incredibly expansive, unchecked veto power creates a political barrier to justice, allowing serious cases to be dismissed without fair merits or legal assessment. Moreover, it is a massive conflict of interest that obstructs government accountability.

This is not only a serious flaw in our legal system that undermines the rule of law by preventing judicial review of overuse and misuse of executive power, but is also against the spirit of the UN’s Genocide Convention, which calls for impartial justice in preventing the world’s worst crimes.

The Genocide bill would:

- Remove the Attorney-General’s veto power, allowing cases of atrocity crimes to proceed based on legal merit, not political preference.
- Allow blocked cases to be reviewed, so that any denied justice can finally be pursued.

The Genocide Bill is essential to ensuring that accountability and justice for genocide, war crimes, and crimes against humanity are no longer subject to political discretion. The passing of this Bill is an important step to address the systemic and legal barriers which creates silence and impunity for ongoing atrocity crimes.

In other countries, victims and survivors are free to initiate proceedings against these crimes in domestic courts – this is a pathway to having cases heard in the International Criminal Court.

More than 90 submissions were made to the recent inquiry into the Criminal Code Amendment (Genocide, Crimes Against Humanity and War Crimes) bill 2024. Submissions and witnesses pointed out the flaws in the legislation, showed overwhelming support for the Bill and called for changes to the way in which atrocity crimes are investigated and prosecuted in this country.

This includes international experts, members of the public who have attempted to bring on genocide cases, and peak organisations, including Amnesty International, the Australian Centre for International Justice and the Institute for Collaborative Race Research who along with many others across Australia who are all calling on the government to support this bill.

After signing onto the Convention in 1948 successive Australian governments avoided implementing the Genocide Convention into domestic law for over 50 years, despite the Convention specifically seeking signatories to do so.

As a signatory to The Genocide Convention, the Australian government has an obligation to prevent genocide, enact legislation to punish perpetrators of genocide, and help victims and survivors to pursue justice. Unfortunately  this country has a long history of avoiding this responsibility, creating a culture of impunity for genocide.

Removing this consent requirement and the block on judicial review not only aligns with international obligations, but also strengthens Australia’s commitment to human rights, holding all individuals and governments accountable for their actions under international law. By supporting this bill, you have the opportunity to help ensure that Australia’s legal system is fair, transparent, and focused on justice over politics.

As a country who has committed to the Genocide Convention and the Rome Statute of the International Criminal Court, each member of parliament has an obligation to uphold international law and protect against genocide.

It is therefore integral that Australia’s national interests, along with its diplomatic and economic ties prioritise actively upholding international human rights standards.

Genocide, recognised as the most severe international crime, threatens global stability, humanity and trust when left unchecked.

By rigorously adhering to international law and prosecuting such crimes, Australia could set an international standard to prevent a culture of impunity, affirming our credibility and reinforcing international norms that protect against atrocities worldwide.

Thank you for considering this crucial reform.

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