Independent federal MP Andrew Wilkie has accused successive Australian governments of being guilty of crimes against humanity, saying they had failed to meet their obligations under international law to asylum seekers and refugees who arrived by sea. He said Australia was a signatory to the Rome Statute which categorised forcibly transfering anyone to a third country and detaining them indefinitely without trial, as a crime. Mr Wilkie's claim is an allegation of criminal conduct that is untested in a court of law. A number of communiques calling for Australian government officials to be investigated for crimes against humanity have been submitted to the International Criminal Court (ICC) in The Hague, including a request by Mr Wilkie in 2014. Lawyers and academics have also called on the court to investigate, but to date, no such investigation has been launched. And it is unlikely to be tested in the ICC any time soon. International criminal law experts consulted by RMIT ABC Fact Check said that, in theory, the ICC could decide to investigate Australian government officials. In reality, however, this was extremely unlikely to happen. Furthermore, even if the ICC investigated, and then decided to launch a prosecution, the Australian Government could refuse to volunteer its officials for a trial. This would thwart any attempt to prosecute, since the Court cannot compel them to appear.
Verdict: Untested