Australia must support a genocide case against Israel at the UN’s highest court to protect Palestinians, a justice expert says.
In a letter sent to the prime minister, Foreign Affairs Minister Penny Wong and Attorney-General Mark Dreyfus on Tuesday, the Australian Centre for International Justice urged the government to publicly support South Africa’s application to the court.
The centre’s principal lawyer and executive director Rawan Arraf says the measures requested by South Africa align with the Australian government’s position, so the nation must do more.
At the end of December, South Africa asked the International Court of Justice (ICJ) for an urgent order declaring Tel Aviv in breach of its obligations under the 1948 Genocide Convention due to its offensive in Gaza.
In the lead up to the public hearings – which will be held at the Hague on Thursday and Friday – Malaysia, Turkey, Jordan and Bolivia issued public statements in support of South Africa’s application.
Israel’s foreign ministry responded by blaming Hamas for the suffering of Palestinians and claimed the designated terrorist group was using them as human shields.
Australia is yet to take a stance.
“As a State Party to the Genocide Convention, Australia has a duty to prevent and punish the crime of genocide wherever it occurs,” the letter from the Australian Centre for International Justice reads.
“If Australia is serious about bringing a sustainable end to the violence, it should offer its full support to South Africa’s application to the ICJ.”
As the conflict stretches into its fourth month, Israel’s bombardment, blockade and ground invasion of Gaza has killed more than 23,000 Palestinians, put half the territory’s 2.3 million residents at risk of starvation and left most without homes, according to its local health ministry and the UN.
Israel’s violence stems from an October 7 attack where Hamas killed more than 1200 Israelis and took 240 hostages, according to Tel Aviv officials.
The ICJ application details conditions in Gaza and provides evidence of “genocidal intent” expressed by Israel’s top politicians, including Prime Minister Benjamin Netanyahu, the letter claims.
“South Africa has advanced an urgent and compelling case demonstrating that Israel is currently committing acts of genocide against the Palestinian population in Gaza,” it says.
“The situation worsens every day and the international community must act to prevent further atrocities.”
Australia has previously supported other ICJ actions and made calls for a ceasefire.
In September, it joined 31 other nations to deliver an intervention before the international court in support of Ukraine’s case against Russia, calling the latter’s invasion “illegal and immoral”.
Australia also voted in favour of an immediate humanitarian ceasefire at the UN General Assembly in December.
Prime Minister Anthony Albanese released a joint statement with his Canadian and New Zealand counterparts on the same day calling for a “sustainable” ceasefire.
The Department of Foreign Affairs and Trade said it was aware of the proceedings but it was not appropriate to comment on matters before the court.
with Reuters
