Is Australia Vulnerable to Prosecution for Crimes Against Humanity? ... Julian Burnside AO QC thinks the answer is Yes! ... for three reasons: First (and arguably the most significant fact): the asylum seekers held on Manus and in other detention centres are not illegal. They have committed no offence by coming to Australia seeking protection. They are held in captivity without charge and without trial, because their conduct in seeking asylum is not an offence under Australian law. The government of Australia, and parts of the media, refer to them as illegals because it makes locking them up look faintly respectable. When they arrive in Australia asking to be protected from persecution, Australia takes them forcibly, against their will, to Manus. There they are held in uncomfortable, unhygienic conditions in tropical heat. They wait until their claims for refugee status are determined. Some of them have been there for about two years. It should shock us to know how comprehensively the government has lied to us about Manus. It lies to us by calling asylum seekers illegal. It lies to us about the conditions in which they are held. Maybe it would shock us to know that the people who are being mistreated by our government (and at vast expense to the taxpayer) are just ordinary people: human beings who have the same hopes and desires, the same frailties and fears as most of us. Second: It is very clear that, if you lock up an innocent person in circumstances where they do not know how long it will be before they are released, they fall into hopelessness and despair after about 12 or 18 months. One very well-documented response to this despair is self-harm. Typically, they will cut themselves, or sew their lips together, or try to starve themselves to death. Third: conditions in Manus are very harsh. In October 2013, the UNHCR reported on conditions on Manus. It noted: Overall, UNHCR was deeply troubled to observe that the current policies, operational approaches and harsh physical conditions at the [detention centre] do not comply with international standards and in particular ...constitute arbitrary and mandatory detention under international law; ...and do not provide safe and humane conditions of treatment in detention... There is not much doubt that our treatment of asylum seekers in Manus constitutes a crime against humanity. This is a matter of legal analysis, not political rhetoric. The hard facts about the horrific conditions on Manus Island that Ive outlined above may not be enough to shock us, but the one thing that really might shock us is to see Abbott, Morrison and Dutton prosecuted in the International Criminal Court for those crimes. Thats a pro bono case I would gladly prosecute. Julian Burnside AO QC is an Australian barrister and an advocate for human rights and fair treatment of refugees.
Posted on: Tue, 27 Jan 2015 15:42:09 +0000
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