International Criminal Court Submission highlights Australian Constitutional Crisis & Judicial Corruption, Genocide & Murder

8/9/2019 International Criminal Court Submission highlights Australian Constitutional Crisis & Judicial Corruption, Genocide &

1/12

1

Information and Evidence UnitOffice of the Prosecutor International Criminal CourtPost Office Box 195192500 CM The Hague, The Netherlands

Office of the Prosecutor,

I request that you initiate a proprio motu investigation, in accordance with Article 15(1) of the

Rome Statute, into crimes against humanity, including crimes of genocide resulting in murder by

joint enterprise, and Judicial Apartheid, inter alia, perpetrated by members of the Australian

Government, against the flesh and blood living persons of Indigenous and Aboriginal descent,

immigrants, refugees, asylum seekers and those arriving in Australian Waters who are seeking

protection.

The Individuals responsible, and appropriate to be named in an application to Pre-Trial Chamber,

are the (Hon) Tony Abbott MP, as Prime Minister, and all 19 Members of his cabinet, including

the (Hon) Scott Morrison MP, former Minister for Immigration and Border Protection.

There is evidence that the Australian Government is committing the following acts of contrary to

Article 7 (Crimes Against Humanity) including:

1. Arbitrary Imprisonment and other severe deprivation of physical liberty in violation of

fundamental rules of LOCAL and international law;

2. Deportation and other forcible transfer of population, including Children from one group

to another; and

3. Other intentional acts causing great suffering or serious injury to body and mental and

physical health,


2/12

2

4. By creating the condition of life with the intent to destroy groups of people including

Indigenous and Aborigines;

There is a Failure to properly constitute lawful courts, tribunals and judicial officers, and other

de facto officers including the state and federal police.

There is a Failure to apply and comply with the Rule of Law, rather than the Color of Law

under the arbitrary and capricious use and abuse of discretion.

There is a Failure to enforce and or apply the definition of DIRECT and or INDIRECT

discrimination, under local laws, including the Charter for Human Rights and Responsibility

ACT 2006 (VIC), inter alia, in the STATE of VICTORIA, and in the COMMONWEALTH OF

AUSTRALIA.

There appears to be an effort to usurp the COMMONWEALTH OF AUSTRALIA

CONSTITUTION , and the will of the Australian people , by modification of the

CONSTITUTION without the consent of the People , such that the ORIGINAL

JURISDICTIONS of the High Court Australia, can NO LONGER be accessible by the flesh and

blood living persons of Indigenous and Aboriginal descent, immigrants, refugees, asylum

seekers.

There appears to be an absence of Judicial Officers in Australia, but mere administrators

usurping the Separation of Powers doctrine , and failing to perform Judicial Review and

oversight of the conduct of the Executive branch of the Australian Government.

In addition to breaching Article 7, members of the Australian Government are committing

breaches of the Refugees Convention, Convention of the Right of the Child, and the International

Covenant on Civil and Political Rights, inter alia, by pursuing and executing the policies

mentioned in this submission.

There have been numerous independent inquiries into the conditions being endured by the

flesh and blood living persons of Indigenous and Aboriginal descent, immigrants, refugees,

asylum seekers, and others, including by Australias Human Rights Commissioner, the United

Nations and various NGOs. Furthermore there have been a number of whistleblowers in recent


3/12

3

years, who have provided testimony and statements to the media, about the inhumane conditions,

that members of the Australian government are intentionally inflicting upon individuals seeking

protection under the Rule of Law, Principle of Legality and Competent, Impartial and

Independent Judiciary in Australia.

These reports and statements are available to you and my group can assist in sourcing this

material.

Rule of Law versus the Color of Law

Rule of Law - Democracy and Human Rights

Democracy is one of the universal core values and principles of the United Nations. Respect for

human rights and fundamental freedoms and the principle of holding periodic and genuine

elections by universal suffrage are essential elements of democracy. These values are embodied

in the Universal Declaration of Human Rights and further developed in the International

Covenant on Civil and Political Rights which enshrines a host of political rights and civil

liberties underpinning meaningful democracies.

The rights enshrined in the International Covenant on Economic, Social and Cultural Rights and

subsequent human rights instruments covering group rights (e.g. indigenous peoples, minorities,

persons with disabilities), are equally essential for democracy as they ensure an equitable

distribution of wealth, and equality and equity in respect of access to civil and political rights.

Democracy and the rule of law at the Human Rights Council

The former Commission on Human Rights adopted several landmark resolutions regarding

democracy. In 2000, the Commission recommended a host of legislative, institutional and

practical measures to consolidate democracy (resolution 2000/47). In 2002, the Commission

defined the essential elements of democracy in resolution 2002/46.

Since its establishment in 2006, the Human Rights Council (successor to the former Commission

on Human Rights) has adopted a number of resolutions highlighting the interdependent and


4/12

4

mutually reinforcing relationship between democracy and human rights. Recent examples

include resolution 19/36 on Human rights, democracy and the rule of law .

The Principle of Legality

The principle of legality is set forth in several military manuals and is part of most, if not all,

national legal systems.

The principle of legality has been interpreted by the European Court of Human Rights as

embodying the principle that only the law can define a crime and prescribe a penalty and the

principle that criminal law must not be extensively construed to an accuseds detriment, for

instance by analogy. This requires that the offence be clearly defined in law, so that the

individual can know from the wording of the relevant provision and, if need be, with the

assistance of the courts interpretation of it, what acts and omissions will make him liable. The

European Court of Human Rights has stated that the principle of legality allows courts to

gradually clarify the rules of criminal liability through judicial interpretation from case to case,

provided that the resultant development is consistent with the essence of the offence and could

reasonably be foreseen. The Inter-American Court of Human Rights has also stressed that the

principle of legality requires that crimes be classified and described in precise and unambiguous

language that narrowly defines the punishable offence.

Inept Lawyers beget Inept Judges

We believe that the failure by individual judges of the High court Australia to interpret the

Commonwealth of Australia Constitution Act 1901 , the Judiciary Act 1903 , the Administrative

Decisions (Judicial Review) Act 1977 , is an attack on the integrity of the High Court Australia

itself, and an attack on the Rule of Law, and the Human Rights and anti-discrimination Laws ,

in Australia.

The result is that there are many Indigenous and Aboriginal peoples, being incarcerated in

Australia without proper legal proceedings, trials, hearings, representation, or otherwise.

The Consistent and Verifiable abuses of human rights violations have led to the deaths in

custody of Indigenous and Aboriginal peoples, asylum seekers and other immigrants, by de facto


5/12

5

officers, amongst others the Victorian Police at Dandenong, when they threw an ill man of

Chinese descent, Mr Gong Ling Tang, out of the police station, citing that he was going to die

anyways.

The failure of judicial officers to act according to the law, and have authorized under the color of law, for private vigilantes in their police forces to act as Judge, Jury and Executioners .

We enclose the Summons and two (2) Affifavits of Mr Kevin Kelly, as a prime example of not

only DIRECT and INDIRECT unlawful discrimination by the legal and court systems in the

STATE OF VICTORIA and AUSTRALIA, in denying effective legal remedy, but also Racial

Vilification under Victorian and Australian laws, under the Color of law and an abuse of

discretion. Where an Aboriginal person has made the effort to comply with all court procedures,

further discriminatory hindrance is put before him to gain access to legal remedy for the protection of his children.

We believe that the Human Rights Council (and or the former Commission on Human Rights)

has erred greatly by failing to investigate properly other matters against the Australian

Government, that have gone before it under either the Optional Protocol 1 of ICCPR, and or

ICERD .

If the Human Rights Council (and or the Commission on Human Rights) has used language as

criteria for refusing an application for the United Nations to investigate, or using not exhausting

local remedies, the Human Rights Council must re-look at those cases as a totality in the

consistent and verifiable human rights abuses of the Australian government, under local and

international laws.

The International Criminal Court should note that INTERNATIONAL CRIMINAL COURT

ACT 2002 , is part of local laws. As is the various State and Commonwealth Crimes Act.

The text of Article II of the Genocide Convention was included as a crime in Article 6 of the

1998 Rome Statute of the International Criminal Court.


6/12

6

Andrew Wilkie MP has consulted with legal counsel experienced in the human rights arena. And

we would like to support his submission on the 22 October 2014, but at the same time to remain

separate. The Human Rights being violated are self-evident and unconscionable.

Please be aware that I am one of the Stolen Generations of Aboriginal Children, forcibly moved from one group to another, and made a refugee in my own lands, deprived of family, culture, and

identity, for which the Prime Minister Kevin Rudd apologized for such acts of genocide.

I wish to speak for those who do not have a voice.

I look forward to hearing from you, and please do not hesitate contact myself, on +612

if you require further information. I would of course be prepared to meet with you in person to

discuss this matter further if that would be useful.

Yours Sincerely,


7/12


8/12


9/12


10/12


11/12


12/12

Documents

International Criminal Court Submission highlights Australian Constitutional Crisis & Judicial Corruption, Genocide & Murder