David Shoebridge, spokesperson for defense and justice for the Greens, stated that the way Australia deals with looking into and charging accusations of major international violations “is not effective.”
Legal professionals and ex-prosecutors have expressed the need for Australia to establish a dedicated investigative unit to address claims of global offenses, such as genocide, in order to avoid becoming a sanctuary for such heinous acts.
The Guardian and Four Corners’ reports on Monday stated that the Rwandan government has charged two Australian men for their involvement in the 1994 genocide against the Tutsi. This has reignited discussions about Australia’s dedication to addressing and prosecuting global offenses, like genocide.
Shoebridge emphasized the importance of recognizing Australia’s past as a diverse nation that has embraced individuals from various nations.
The senator emphasized the importance of establishing systems to investigate and prosecute individuals who are accused of participating in international crimes. He also suggested collaborating with other nations to prevent individuals from evading prosecution.
It is a source of great pride for Australia to welcome individuals from all over the globe who seek to establish a new life here, often leaving behind dangerous situations and oppression in their home countries.
“We owe every survivor of oppression, torture or genocide an obligation to make our society safe for them and to have systems in place that hold any offenders to account. This, you hope, is a bare minimum we can agree on regardless of politics.”
According to a spokesperson for the attorney general, the Australian government has a strong determination to address serious international crimes and approach allegations of genocide with utmost seriousness. They stated that they are unable to make specific comments on individual cases at this time.
In 2007, the Australian Labor party’s official policy acknowledged the crucial role of the government in establishing the convention on preventing and punishing genocide and other international agreements. However, it also highlighted flaws in Australia’s laws that permit alleged criminals to enter and reside in the country without the risk of legal consequences.
The Labor party is dedicated to fulfilling Australia’s responsibilities regarding human rights by eliminating these gaps. Additionally, the party will assess the resources available for investigations to guarantee that individuals accused of wrongdoing can be prosecuted within Australia’s borders.
The promise has been removed from the policy plan.
Legal professionals and former prosecutors have contended that Australia lacks a specialized investigative unit for international crimes, which sets it apart from similar countries like the UK, US, and European nations.
Rawan Arraf, executive director of the Australian Centre for International Justice, stated that Australia’s failure to have a dedicated investigative unit is a violation of its international duties.
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She stated that when the Australian Federal Police’s generalist unit has been handling international crime cases, it has struggled due to not having the necessary expertise and resources to effectively handle the complexities of these investigations.
The AFP spokesperson denied claims that they do not have the necessary knowledge and resources to properly investigate allegations of international crimes.
The spokesperson stated that the AFP collaborates extensively with foreign law enforcement agencies, international entities, and systems that prosecute alleged international crimes. The purpose is to hold accountable any accused individuals who have a link to Australia.
The joint investigation by The Guardian and Four Corners uncovered that Rwanda has charged two individuals who it believes are currently residing in Australia with involvement in the 1994 genocide against the Tutsi.
The country of Rwanda has asked for the arrest and extradition of the men for new trials, or for Australia to handle the prosecution within its own borders.
One of the individuals residing in Brisbane has denied accusations made against him, referring to them as “false” and “smears”. The family of the other person believes he is innocent, despite acknowledging that he is currently not in the country.
According to the Guardian/Four Corners report, there is no indication of the two men’s guilt. However, it does suggest that the serious accusations should be looked into by the proper authorities.
The situations, however, may be legally intricate. It took Australia many years, after agreeing to the genocide convention, to declare genocide as a criminal offense in their own laws, not implementing it until 2002. Additionally, the laws were not applied retroactively, meaning that a charge of genocide prior to that time could not be pursued under the penal code unless there was a change in legislation.
Australia has no established extradition agreement with Rwanda and has never sent anyone there for legal proceedings.
While there are multilateral treaties under which Australia could extradite a person to Rwanda, Australia’s courts, or the government, might be reluctant to return someone to a country with a questionable human rights record and, as some observers argue, a compromised criminal justice system.
Human Rights Watch reports that the Rwandan government employs tactics such as arrests and assassinations of critics, as well as obstructing opposition parties, in order to manipulate elections. Additionally, there have been allegations of voter intimidation and electoral fraud, which have negatively impacted the integrity of the polls.
Several Rwandan individuals residing in Australia have claimed that the charges brought against these two men are driven by political agendas or, at the very least, have been instigated by the Rwandan government as a means to suppress disapproval.
Source: theguardian.com
