Nulyarimma v. Thompson & Buzzacott v. Hill et al. fr

Country of proceedings: Australia
Context of crimes: Australia
Date: 1999
Keywords: Genocide

The two cases of Nulyarimma v. Thompson and Buzzacot v. Minister for the Environment were heard together by the Federal Court of Australia in September 1999.

In Nulyarimma v. Thompson, the appellants claimed that the Prime Minister of Australia and three other government officials and members of Parliament committed genocide by formulating and supporting the “Native Title Amendment  Act 1998” which supposedly severely restricted and disadvantaged Indigenous Australians' land ownership. 

In the second of the two cases, Buzzacot v. Minister for the Environment, the appellant claimed that the Minister for Foreign Affairs and the Minister for the Environment refused to pursue the World Heritage listing of Lake Eyre, allowing a mining company to start operations in its surroundings. The appellant claimed that by doing so, these Ministers committed genocide against Indigenous Australians.

The judges ruled that both the appeals had to be dismissed, in the absence of Australian legislation declaring genocide a crime. One judge dissented, finding that customary international law was incorporated into Australian law but also dismissed the appeal, finding that the accused had no intention to commit genocide.

Court documents

01-09-1999 - Appeals judgement