Australian court rejects indigenous activist’s bid to prosecute King Charles over genocide; says ‘will take fight to ICC after exhausting domestic options’

An Australian appeals court has rejected an Indigenous activist’s attempt to bring a private prosecution against King Charles III over allegations that Australia’s treatment of Indigenous people amounts to genocide.Three judges at Victoria state’s Court of Appeal ruled against 68-year-old Uncle Robbie Thorpe on Monday, marking his third legal defeat since he began pursuing the case in 2023.The ruling leaves Thorpe with one domestic option: seeking permission to appeal to the High Court of Australia. The High Court accepts about 10% of applications for leave to appeal.Thorpe, an elder of the Krauatungalung people, said he did not expect a fair hearing in Australia and would take his allegations to the International Criminal Court (ICC) in the Netherlands after exhausting his domestic legal options.“The International Criminal Court will expose Australia for what it really is — a lying, racist, illegal occupation committing genocide,” Thorpe said.His case alleges that Charles, who is Australia's head of state, along with the Australian government and its institutions, is perpetuating genocide by maintaining systems that disadvantage Indigenous Australians across several socioeconomic measures.Indigenous Australians make up about 4% of the population and, according to official statistics, have shorter life expectancies, poorer health outcomes and higher rates of imprisonment and unemployment than other Australians.The monarch's legal immunity presents another hurdle. Sydney University constitutional lawyer Anne Twomey said the British monarch is protected from criminal and civil liability in the UK, including for personal acts outside official duties.She said the monarch's common law immunity has likely carried over to Australia, although she was unaware of it having been tested in an Australian court.The king is also protected by sovereign immunity under customary international law and Australian laws including the Foreign States Immunities Act 1985 and Diplomatic Privileges and Immunities Act 1967.The ICC does not recognise head-of-state immunity and can prosecute cases of genocide. However, individuals cannot directly launch private prosecutions there.Australian National University international lawyer Don Rothwell said individuals can instead submit evidence to the ICC prosecutor, as has happened in cases involving Russian President Vladimir Putin and Israeli Prime Minister Benjamin Netanyahu.“An individual cannot commence a prosecution,” Rothwell said. “It's then up to the International Criminal Court to determine whether they would seek to prosecute.”A UN Security Council referral is another possible route, but Rothwell said Britain would veto such a move against Charles.Thorpe has said he will pursue his allegations internationally after exhausting his options in Australia.You use AI every day. Now get your AI Quotient. Take the AIQ test.