Therefore, it may not be fair or viable to refer all matters of law enforcement to a community, which may only have appropriate customary responses to certain acts, or types of acts. Traditional punishment for an offence may be argued by the national legal system and international human rights instruments as too harsh. Tribal killings are in conflict with the national legal system and every international human rights instrument. It is less obvious whether a State must, under the convention, condone physical punishments such as spearing or other forms of wounding. Be that as it may, it is highly questionable whether imprisonment is less cruel and inhuman, given the high incidence of Aboriginal deaths in custody.
Some Aborigines believe that a spear in the stomach is better than a gaol sentence.
The victim will not be harassed further by the accused. The application of this Convention into domestic legislation would require the implementation of possible guidelines, or a legislative instrument. These would be utlilised by the judiciary which would be composed of Aboriginal and non-Aboriginal individuals. All members would be well educated in Aboriginal issues. Unfortunately, Australia has not complied with the ILO Convention.