“Perpetrators – Individual responsibility
40. On the basis of the brief factual outline provided above, there are a number of persons who have, or would have had whilst elected, knowledge of the relevant facts outlined in the elements detailed below, and played a considerable role in the implementation and enforcement of the Immigration Policies. Further, these people have, or would have had whilst elected, the requisite intent to cause a particular consequence or were aware that the consequence would occur in the ordinary course of events (for example, that the implementation and enforcement of the Immigration Policies would result in Immigration Detention, or deportation and Immigration Detention, of boat people).” [In The Matter Of A Prosecution Of The Australian Government In Relation To Indefinite Detention And Forcible Removal Of Asylum Seekers (2016), p.]
In a communique to the International Criminal Court, Malcolm Turnbull, Tony Abbott, Kevin Rudd, Julia Gillard, John Howard, Peter Dutton, Scott Morrison, Tony Burke, Brendan O’Connor, Chris Bowen, Chris Evans, Kevin Andrews, Amanda Vanstone, Phillip Ruddock, Baron Waqa and Rimbink Pato were all named as administrating authorities in relation to the offence of unlawful confinement.
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