(Federal Court of Australia) The court rejected the automatic assimiliation of the international crime of genocide into national law.
Austlii CRIMINAL LAW – International crime of genocide – Meaning of genocide – Intentional element – Prohibition of genocide as a norm of international customary law – No legislation providing for prosecution of genocide claims in Australian courts – Whether genocide is cognisable in Australian courts in the absence of legislation.
ABORIGINES – Claims that sponsorship of Native Title Act amendments and failure to seek World Heritage Listing of Lake Eyre region were acts of genocide – Impropriety of courts inquiring into actions of Parliament – Obligations arising under World Heritage Convention.
Citations:
(1999) 120 ILR 353, [1999] FCA 1192
Links:
Jurisdiction:
Australia
Cited by:
Cited – Regina v Jones (Margaret), Regina v Milling and others HL 29-Mar-2006
Domestic Offence requires Domestic Defence
Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 06 December 2022; Ref: scu.239967