Public hearings into Senator Lidia Thorpe's 'Genocide Bill' will begin in Canberra on Tuesday, hearing from experts and those with lived experience.
The Senate Legal and Constitutional Affairs Committee will hear also hear from the Attorney-Generals Department (Department) on Senator Thorpe's Criminal Code Amendment (Genocide, Crimes Against Humanity and War Crimes) Bill 2024, which seeks to remove the requirement for the Attorney-General's consent for proceedings in relation to those crimes to commence.
Senator Thorpe argued no politician should have a say over who is and isn't accountable in the legal system, "particularly in relation to the most atrocious crimes like genocide, war crimes and crimes against humanity".
"My Bill helps get political interference out of our legal system and gives victims and survivors of these most heinous crimes a better chance at justice," she said.
The Gunnai Gunditjmara and Djab Wurrung senator argued Australia has avoided its "obligation to prevent and punish Genocide," despite being a signatory to the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
"Whether you're a Palestinian Australian who has seen your family murdered in Gaza, or a Blak Mother wanting to hold this government to account for the ongoing removal of First Nations children, my bill will give people in this country a better chance for justice," Senator Thorpe said.
"The government has a choice: they can support this bill and stand on the side of human rights, the rule of law, and everyday people, or they can choose to maintain their undue influence over our courts, and their ability to provide cover for war criminals".
Senator Thorpe previously cited the 2018 case of then Attorney-General Christian Porter blocking members of the Australian Rohingya community from pursuing justice against the government of Aung San Suu Kyi for crimes against humanity in relation to the Rohingya Genocide in Myanmar, and the 2011 case of then Attorney-General Robert McClelland rejecting an action initiated by Australian Tamil man, Jegan Waran, who had witnessed Sri Lankan forces commit crimes including the deliberate targeting of hospitals and ambulances.
Krautungalung Elder and activist Robbie Thorpe, who has been outspoken in his criticism of the Commonwealth, including challenging the immunity from prosecution of genocide crimes that high-ranking officials, including King Charles III, have, said a mere acknowledgment of the past was a "farce".
"We demand action that confronts the legacies of colonisation and ensures a future where our children thrive on their own terms," Mr Thorpe said.
"This government must be held accountable for its crimes."
In a submission to the bill, the Australians for Native Title and Reconciliation (ANTAR) said they were "concerned" with how some of the laws in their current iteration effectively functioned to "undermine First Nations Peoples seeking justice for historical and ongoing acts of genocide committed against their peoples".
"The existence of these legislative barriers to justice for First Nations Peoples is also indicative of systemic and structural disadvantages that disproportionately affect First Nations Peoples in Australia," ANTAR said.
In their submission, Amnesty International Australia recommended limiting the scope of the Attorney-General's powers in cases concerning international crimes by establishing clearer guidelines and allowing the right to appeal the Minister's decision.
"Amnesty International is concerned that such a requirement risks creating the perception that prosecution decisions in cases involving crimes under international law have been made for political reasons," the human rights body said.
Amnesty also recommended officials should no longer be granted immunity from prosecution for crimes under international law, and no statutes of limitations be permitted - in keeping with customary international law.
In their own submission, the AG's Department said they considered the current requirement to "obtain the Attorney-General's consent," as well as the restrictions on a judicial review of the Minister's decision as "appropriate".
A spokesperson for the Attorney-General told National Indigenous Times the government "is firmly committed to its obligations under the Genocide Convention, and we have implemented our obligations under it".