Indigenous Australian activist and elder Robbie Thorpe has been pursuing a legal case against King Charles III since 2023. He alleges that the King, alongside Australian government institutions, perpetrated genocide through systems that disadvantage Indigenous Australians. Thorpe, a 68-year-old elder of the Krautatungalung people, brought the case before a Melbourne court. However, his case was rejected, marking his third legal defeat.
The case was rejected by three judges at Victoria's Court of Appeal. This leaves Thorpe with one remaining avenue within Australia: applying to the High Court for permission to appeal. The High Court accepts only a small proportion of applications for leave to appeal. King Charles is Australia's head of state as well as the King of the United Kingdom.
Despite the setback, Thorpe plans to pursue the matter internationally. He stated that the International Criminal Court will expose Australia for its alleged actions. Thorpe described Australia as a "lying, racist, illegal occupation committing genocide." This comes as Indigenous Australians experience poorer health outcomes, lower life expectancy, and higher rates of unemployment and imprisonment than other Australians.
King Charles may have legal immunity from criminal and civil liability in the United Kingdom. Constitutional lawyer Anne Twomey of Sydney University stated that this protection is likely to have been inherited by Australia. However, she noted that this issue has not been tested in an Australian court.
The International Criminal Court does not recognize immunity for heads of state. However, individuals cannot independently initiate prosecutions before the court. International law expert Don Rothwell of the Australian National University explained that a person can provide evidence to the court's prosecutors for consideration.
To proceed with the case, Thorpe must provide evidence that constitutes the crime of genocide. The International Criminal Court will then determine whether to seek prosecution. This process involves the court's prosecutors reviewing the evidence provided.
The case highlights the disparities faced by Indigenous Australians. They account for around four percent of the country's population. According to official statistics, they experience significant disadvantages compared to other Australians. The outcome of Thorpe's international bid remains uncertain.
Key points
- Robbie Thorpe's case against King Charles III has been rejected by an Australian court.
- Thorpe plans to pursue the matter internationally through the International Criminal Court.
- King Charles may have legal immunity from criminal and civil liability in the United Kingdom.
