Australian court rejects activist’s bid to prosecute Britain’s King Charles for genocide

Three Australian appellate judges ruled on Monday against an activist's bid to prosecute Britain's King Charles III for alleged genocide against Indigenous Australians. The decision was made by the Court of Appeal in Victoria state. The activist, Uncle Robbie Thorpe, a 68-year-old representative of the Krautatungalung people, had sought to bring a private prosecution against the monarch in Melbourne Magistrates' Court since 2023.

His allegations claimed that King Charles, as the head of state of Australia, along with the Australian government, perpetuates genocide through systems that disadvantage Indigenous Australians. According to official statistics, Indigenous Australians are younger, have poorer health outcomes, and are more prone to imprisonment or unemployment compared to other Australians.

Thorpe's case is the third legal setback since he initiated the pursuit in 2023. The judges rejected his lawsuit, leaving him with one final domestic option: requesting permission to appeal to the High Court of Australia, which accepts only about 10% of applications for leave to appeal. If he exhausts all options within Australia, he plans to present his case to the International Criminal Court in the Netherlands.

Thorpe believes the court will expose Australia as a lying, racist, and illegal occupation perpetuating genocide. However, international law and Australian statutes, such as the Foreign States Immunities Act 1985 and the Diplomatic Privileges and Immunities Act 1967, provide the British monarch with sovereign immunity, including in Australia, which is a former British colony.

The International Criminal Court does not recognize head of state immunity and primarily relies on the U.N. Security Council's referral to prosecute cases. Thorpe can provide evidence to the ICC's Office of the Prosecutor, but he cannot initiate a private prosecution.