Denison Independent MHR Andrew Wilkie and human rights lawyer Greg Barns have requested the International Criminal Court investigate what they allege are crimes against asylum seekers by members of the federal government.
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''The actions of the Prime Minister [Tony Abbott] and members of his government against asylum seekers are criminal,'' Mr Wilkie said.
''Actions such as forcible deportation, detention without trial, detention of children and conditions of detention constitute breaches of Article 7 (Crimes Against Humanity) of the Rome Statute, the treaty that governs the jurisdiction of the ICC,'' he said.
Mr Wilkie said the government's conduct in relation to asylum seekers also contravenes the Refugee Convention, Convention on the Rights of the Child and the International Covenant on Civil and Political Rights.
Mr Barns said based on the definition of 'crimes against humanity' there was ''little doubt'', the government’s mandatory detention of asylum seekers would be in breach.
Bass Liberal MHR Andrew Nikolic described the letter written by Mr Wilkie as ill-considered and embarrassing.
''Australia is a sovereign country that implements our policies consistent with our domestic laws and our international obligations,'' Mr Nikolic said.
''These policies have been endorsed by the Federal Parliament of which Mr Wilkie is a member,'' he said.
Mr Nikolic said the claims were vague and ''defy even a cursory examination''.