Our Work

Permanent, Specialised International Crimes Unit

Our theory of change recognises that structural and institutional reform in Australia’s investigative and prosecutorial capacity is necessary to advance and open avenues for justice to survivor communities around the world. Australia lacks the necessary institutional mechanism to investigate atrocity crimes effectively. The Australian Federal Police, being the agency assigned to investigate and refer for prosecutions, allegations which amount to torture, war crimes, crimes against humanity, and genocide, is under-resourced, under-staffed and lacks the specialist skills required to investigate these crimes. Past referrals were not taken seriously or investigated with rigour. In addition, there have been only limited allegations, and investigations and minimal international coordination of strategy.

Policy Paper – Challenging Impunity: Why Australia Needs a Permanent, Specialised International Crimes Unit

In September 2023 we published our Policy Paper, titled Challenging Impunity: Why Australia Needs a Permanent, Specialised International Crimes Unit which includes detailed research and a series of recommendations to the Australian government on the need to establish an investigative international crimes unit.

The paper explores the rise in domestic accountability processes for atrocity crimes overseas, and outlines Australia’s chequered history of international crimes investigations. Drawing on research and experience from overseas jurisdictions, the paper advocates for the creation of a permanent, specialised international crimes unit in Australia, and outlines recommendations for the establishment of an effective unit.

Launch Event

Melissa Chen, Senior Lawyer at the Australian Centre for International Justice, provided an introductory overview of the policy paper. Melissa noted the continual rise in the number of national investigations and prosecutions for atrocity crimes, before shining a spotlight on Australia, which has the legal framework to support such investigations and prosecutions but an inadequate institutional capacity, political willingness and approach. Melissa outlined the paper’s eight key recommendations, highlighting the crucial takeaway that the Australian government can demonstrate its willingness to meaningfully investigate and prosecute international crimes through the establishment of a permanent, specialised unit which could finally create tangible accountability pathways for victims and survivors of atrocity crimes within Australia and our region.

Sareta  spoke about her work with international justice mechanisms and the shift in in the focus of international criminal justice, with the importance of domestic investigations and domestic prosecutions deepening tremendously, through bringing perpetrators to account and engaging in outreach to survivors and victims, which is key to delivering accountability. Sareta explained that countries with specialised units often benefit from the most cutting edge approaches to international crimes investigation, such as gender competency and other intersectional approaches that focus on crimes against marginalised groups who are more likely to be rendered less visible. She also noted that independent, specialised units are more likely to develop outreach to survivor communities and diaspora communities, creating a pathway and a bridge of trust between the unit and these communities, creating an environment where communities know where to go for assistance and provide the spark of justice through tips from the community.

Helen discussed her decades of experience at the International Criminal Court and other international criminal tribunals, noting that the principle of complementarity lies at the heart of the Rome Statute, and is the cornerstone of the International Criminal Court, meaning that the primary responsibility for bringing perpetrators to account for serious international crimes lies with national jurisdictions. She spoke on the limited resources and the vast number of cases being considered by the International Criminal Court, meaning that in the Office of the Prosecutor’s latest strategic plan, the Office is envisaged as a hub for accountability efforts, working with other countries and accountability mechanisms and partners to ensure a coordinated and effective effort towards closing the impunity gap. Helen also spoke on the lessons that domestic courts could learn from the International Criminal Court and other international tribunals, including the multidisciplinary, multicultural and multinational approach to investigations.

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