The Traditional Owners of this land are those who identify as
Aboriginal and Torres Strait Islander Peoples.

Sovereignty was never ceded.

ANTAR pays respect to Elders past, present, and emerging through our dedicated advocacy for First Nations Peoples’ justice and rights.

ANTAR acknowledges the responsibility of committing to a truth-telling process that promotes an honest and respectful path forward for future generations to build upon.

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Resources Criminal Code Amendment Bill 2024

Criminal Code Amendment Bill 2024

Blake Cansdale Jessica Johnston
Last edited: July 29, 2024

ANTAR provides commentary and recommendations to the Inquiry into the Criminal Code Amendment (Genocide, Crimes Against Humanity and War Crimes) Bill 2024 and expresses its full support for the Bill.

In particular, ANTAR expresses concern with the current barriers to justice that sections 268.121 and 268.122 of the Criminal Code Act 1995 (Cth) (the Act) engender in respect to victims of atrocity crimes. ANTAR is concerned with how these laws function to undermine First Nations Peoples seeking justice for historical and ongoing acts of genocide committed against their peoples. We further argue that the drafting and operation of s.268.121 and s.268.122 is indicative of the kind of violent logic that underpins the settler colonial project on which so-called Australia is founded.

ANTAR makes the following recommendations:

  1. Pass the Criminal Code Amendment (Genocide, Crimes Against Humanity and War Crimes) Bill 2024 in its entirety, removing the Attorney-General’s fiat and allowing for judicial review of decisions made under s.268.121 of the Act since 2002;
  2. Implement the recommendations from the Bringing Them Home report and the Royal Commission into Aboriginal Deaths in Custody in full;
  3. Amend the Criminal Code Act 1995 (Cth) to include genocide as a retroactive offence, thus allowing victims of past atrocities – including First Nations victims – to seek justice; and
  4. Establish a national Truth and Justice Commission as a matter of urgency to inquire into the historical and continuing acts of violence against First Nations Peoples and the impacts of these injustices on First Peoples.