Bid to prosecute King Charles reaches international court

The decision was handed down by three judges in Victoria’s Court of Appeal in Australia, who dismissed an attempt by Indigenous activist and elder Robbie Thorpe to bring a private prosecution against the monarch.

King Charles, who has a house locally in the Cotswolds, is Australia’s head of state as well as the King of the United Kingdom.

The ruling leaves Mr Thorpe with one remaining domestic avenue, seeking permission to appeal to Australia’s High Court.

ABC News reported that the High Court accepts only a small proportion of applications for leave to appeal.

Mr Thorpe, a 68-year-old elder of the Krautatungalung people, has been attempting since 2023 to launch legal proceedings against the King in Melbourne.

His case alleged that the monarch, together with Australian government institutions, was perpetrating genocide through systems that disadvantage Indigenous Australians.

Following the latest ruling, Mr Thorpe indicated he intended to pursue the matter internationally.

He said: “The International Criminal Court will expose Australia for what it really is — a lying, racist, illegal occupation committing genocide.”

Monday’s decision marked Mr Thorpe’s third legal defeat since beginning his campaign to bring the case before the courts.

According to ABC News and AP, Indigenous Australians make up around four per cent of the country’s population and experience poorer health outcomes, lower life expectancy and higher rates of unemployment and imprisonment than other Australians, according to official statistics.

Legal experts quoted by the news organisations said the British monarch enjoys extensive immunity from criminal and civil liability in the United Kingdom.

Constitutional lawyer Anne Twomey, of Sydney University, said this protection is likely to have been inherited by Australia, although she noted she was unaware of the issue having previously been tested in an Australian court.

The reports also noted that while the International Criminal Court does not recognise immunity for heads of state, individuals cannot themselves initiate prosecutions before the court.

International law expert Don Rothwell of the Australian National University said individuals can instead submit evidence to prosecutors for consideration.

He said: “An individual cannot commence a prosecution. If they’ve exhausted all of their options under Australian law, the best that they can do is seek to provide evidence that they believe constitutes the crime of genocide.

“It’s then up to the International Criminal Court to determine whether they would seek to prosecute.”

King Charles regularly carries out engagements across the UK and has longstanding links to the wider Thames Valley region through royal visits and events attended during his time as Prince of Wales.

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