Genocide, Human Rights Implementation and the Relationship and between International and Domestic Law: Nulyarimma v Thompson

Abstract

This article begins by describing the international crime of genocide, and considers Australia's response to its international obligations regarding genocide in the context of its implementation of international human rights generally. It then sets out the background to Nulyarimma v Thompson and how the issue of genocide was raised. To provide some understanding of whether implementation of human rights standards is possible without Government action, the relationship between international law and domestic law is then considered. The next section of the article examines the decision of the Full Court of the Federal Court in Nulyarimma v Thompson. Finally, subsequent judicial and parliamentary developments are surveyed and an assessment made of whether further reforms are required.

Keywords: Genocide, Human Rights, Relationship Between International and Domestic Law

JEL Classification: K14, K33