Stop the genocide

Nulyarimma v Thompson; Buzzacott v Hill, Downer & Commonwealth of Australia

A5 of 1999
Wadjularbinna Nulyarimma, Isobel Coe, Billy Craigie & Robbie Thorpe v Phillip R Thompson
[on appeal from the Supreme Court of the Australian Capital Territory]

S23 of 1999
Kevin Buzzacott v Robert Hill, Minister of the Environment, Alexander Downer, Minister for Foreign Affairs and Trade & the Commonwealth of Australia

Federal Court of Australia (Wilcox, Whitlam and Merkel JJ)
1 September, 1999
[1999] FCA 1192; 165 ALR 621.

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 1993 (Cth) 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.

http://www.austlii.edu.au/au/journals/AILR/2000/4.html