{"id":22132,"date":"2014-09-27T07:17:04","date_gmt":"2014-09-26T21:17:04","guid":{"rendered":"http:\/\/nofibs.com.au\/?p=22132"},"modified":"2019-04-13T23:56:29","modified_gmt":"2019-04-13T13:56:29","slug":"allegations-of-abuse-against-refugees-outside-international-criminal-court-jurisdiction-jansant-reports","status":"publish","type":"post","link":"https:\/\/archive.nofibs.com.au\/allegations-of-abuse-against-refugees-outside-international-criminal-court-jurisdiction-jansant-reports\/","title":{"rendered":"Alleged abuse against #refugees outside ICC jurisdiction: @jansant reports"},"content":{"rendered":"
\"Asylum

Asylum seekers on the roof of Villawood Immigration Detention Centre, Sydney: Adam.J.W.C. (Wikimedia)<\/p><\/div>\n

The International Criminal Court (ICC) in The Hague has declined “further analysis” of evidence included in a submission authored by Tracie Aylmer, alleging atrocities against refugees committed by members of the Australian government.<\/p>\n

The ICC said in a letter (below) dated Thursday, September 18: “the allegations appear to fall outside the jurisdiction of the Court”.<\/p>\n

The letter continued: “many serious allegations will be beyond the reach of this institution to address. I note in this regard that the ICC is designed to complement, not replace national jurisdictions. Thus, if you wish to pursue this matter further, you may consider raising it with appropriate national or international authorities”.<\/p>\n

The ICC did not clear those named in the submission<\/a> of the allegations made against them. They indicated, “the decision not to proceed may be reconsidered if new facts or evidence provide a reasonable basis to believe that a crime within the jurisdiction of the Court has been committed”.<\/p>\n

No Fibs<\/em> first published<\/a> news of the submission on August 31, 2014. The submission was officially acknowledged as received by the ICC on May 19, 2014.<\/p>\n

Julian Burnside AO QC (@JulianBurnside<\/a>) recently wrote an opinion<\/a>\u00a0piece asserting Australian Prime Minister Tony Abbott and Immigration and Border Protection Minister Scott Morrison’s actions “appear to constitute a crime against humanity contrary to section 268.12 of the Criminal Code (Commonwealth)”.<\/p>\n

Only\u00a0Attorney-General Senator George Brandis can bring a prosecution under section 268.12, leaving asylum seekers in a catch 22<\/a> situation.<\/p>\n

No Fibs<\/em> contacted the Office of the High Commissioner for Human Rights for comment, we are waiting for a reply.<\/p>\n

No Fibs<\/em> emailed the following questions to the ICC:-<\/p>\n