Following Germany's invasion of the Soviet Union in 1941, some Ukrainians chose to collaborate with the Wehrmacht, including Polyukhovich, one of six siblings.
Limited examinations outside the town of Serniki of 533 selected crania confirmed that 410 of the men, women, and children exhumed had been shot in the head.
[2][3] On 20 December 1988 Australia's federal parliament passed the War Crimes Amendment Bill which allows prosecutions against suspected European criminals in ordinary Australian civilian courts.
[4] On 3 September 1990 the High Court began hearing a challenge to the constitutional validity of the War Crimes Amendment Act itself.
[3][2] According to the High Court, “the Act discharges an international obligation or meets an international concern that persons alleged to be guilty of war crimes and crimes against humanity be sought out, brought to trial and, upon conviction, punished, irrespective of the place where the crime was committed or where the alleged offender is found and irrespective of the citizenship or residence of the alleged offender or the victim.” The court ruled “Australia’s international personality would be incomplete if it were unable to exercise a jurisdiction to try and to punish offenders against the law of nations whose crimes are such that their subjection to universal jurisdiction is conducive to international peace and order.”[3][2] On 28 October 1991 the prosecution opened the case against Polyukhovich in the Adelaide Magistrate Court.