Justice Murray Wilcox was appointed a Judge of the Federal Court of Australia in May 1984; he served as a Judge of the Supreme Court of the Australian Capital Territory and Supreme Court of Norfolk Island and as Chief Justice of the Industrial Relations Court of Australia (see: http://www.fedcourt.gov.au/aboutct/wilcox.html ).
Background. ABC PM Report “Federal Court finds no law against genocide”(1 September 1999): “MARK COLVIN: The Full Bench of the Federal Court has found that genocide is not a crime under Australian law. The judgment was handed down in response to an appeal from more than 20 Aboriginal plaintiffs. Lawyers for the plaintiffs say the judgment means Australia is in breach of the International Convention on Genocide. Petria Wallace reports. PETRIA WALLACE: Indigenous groups gathered in courts around Australia this afternoon to hear the verdict by teleconference from the Federal Court in Sydney. Lawyers for the plaintiffs were seeking a declaration that genocide is a crime under Australian law. They had argued that because Australia is a signatory to the International Convention on the Prevention and Punishment of Genocide, the same crime must be automatically recognised in Australian common law. All three judges found that genocide is a universal crime under international law. But a majority of the Bench found that genocide is not a crime under Australian Law… PETRIA WALLACE: However, all three Judges found there was no basis for the allegation that the Federal Government has engaged in genocide by amending the Native Title Act and by failing to stop mining on Aboriginal land. Outside the court the plaintiff's lawyer argued that if Australia has no law against genocide, it must be seen as a safe haven for people suspected of the crime.Len Lindon says his clients will immediately appeal the matter to the International Court of Justice, arguing the Federal Government is in breach of its commitments under the Genocide Convention.” (see: http://www.abc.net.au/pm/stories/s48553.htm ).
Justice Wilcox on the Federal Court Aboriginal Genocide Case finding (1999): “In the opinion of Justice Whitlam and myself, the international obligation does not have the result that without enabling legislation, Australian courts have jurisdiction to try genocide suspects. In our view it is necessary for Parliament to enact specific legislation before this may be done. Justice Mirkel does not share this view. In his opinion, customary international law in relation to genocide is to be adopted and received as part of Australian law with the consequence that genocide is a crime under Australian law and superior courts in Australia have jurisdiction to try a person for genocide.” [1].
[1]. ABC PM, “Federal Court finds no law against genocide”(1 September 1999): http://www.abc.net.au/pm/stories/s48553.htm .