Andrew Wilkie wants international probe into Government's asylum seeker 'crimes'

Updated

Federal independent MP Andrew Wilkie wants the International Criminal Court (ICC) to investigate whether the Abbott Government has committed crimes against asylum seekers.

Mr Wilkie has formally asked the ICC prosecuting authority to investigate whether the treatment of asylum seekers contravenes international conventions.

He has named Prime Minister Tony Abbott and each member of the federal Cabinet.

Mr Wilkie said the Government's actions were criminal and the ICC had jurisdiction to investigate.

"The fact is it is not illegal to come to Australia and claim asylum, and we have a fundamental obligation to hear those claims and to give those people refuge if those claims are accurate," he said.

"But instead the practice of forcibly sending people to other countries, for example, Naura, Paua New Guinea and back to Sri Lanka - that is a crime against humanity in accordance with article seven of the Rome statute."

Mr Wilkie said he wanted an investigation to occur under that statute as well as the Refugee Convention and the Convention on the Rights of the Child.

The ICC prosecutor has also been asked to asses if the conditions asylum seekers are held in contravene international law.

The independent from Tasmania, who has taken the action in conjunction with human rights lawyer Greg Barns, denied it was a stunt.

"It's [the ICC prosecutor's] job to respond to my request and decide if there is a case to be heard specifically against the individuals that I've named... specifically the Prime Minister Tony Abbott and the 19 members of his Cabinet and the Immigration Minister," he said.

"He (Mr Barns) is in no doubt, and other legal people I've consulted, are in no doubt that this does fall within the response of the International Criminal Court.

"He and I are in no doubt that the way we have been treating asylum seekers... over a number of years does constitute a crime against humanity and is something the ICC should look at."

Immigration Minister Scott Morrison accused Mr Wilkie of attention seeking.

"Australia is a sovereign country that implements our policies consistent with our domestic laws and our international obligations," he said in a statement.

"The Coalition Government will not be intimidated by attention-seeking advocates calling for a return to the failed policies of the past that resulted in unprecedented cost, chaos and tragedy on our borders, including almost 1,200 deaths of men, women and children at sea."

Topics: refugees, federal-government, immigration, community-and-society, laws, australia, tas

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