Kruger v The Commonwealth: Does Genocide Require Malice?

Abstract

On 31 July 1997, the High Court passed its decision in the case of Kruger & Ors v The Commonwealth of Australia where the plaintiffs in the action, members of the Stolen Generation of the Northern Territory, had argued that the legislation, which authorised their removal from their Aboriginal families, was unconstitutional and thus invalid. Members of the Court in Kruger held that settled principles of statutory construction compel the conclusion that it did not authorise persons to remove those children 'with intent to destroy in whole or in part'.

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