Information and Evidence Unit

Office of the Prosecutor

International Criminal Court
Post Office Box 19519
2500 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,

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
2

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

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
4

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.

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,