Extract from The Guardian
Israeli soldiers fire mortar shells near the border with Gaza on Wednesday. Rank-and-file Labor party members want Australia to support South Africa’s case against Israel at the ICJ accusing the state of committing genocide in its military campaign in Gaza.
Rank-and-file members say joining the ICJ case accusing Israel of genocide would send a ‘powerful signal to the world’
Thu 4 Jan 2024 20.14 AEDT
Last modified on Thu 4 Jan 2024 20.16 AEDTThe first hearing in The Hague is set for 11 and 12 January with a provisional ruling possible within weeks. Israel has responded to the allegations and urged the ICJ to reject it.
“South Africa’s claim lacks both a factual and a legal basis, and constitutes a despicable and contemptuous exploitation of the Court,” an Israel Foreign Ministry spokesperson said.
The case will probably coincide with Penny Wong’s expected trip to Israel later this month.
In a letter co-authored by NSW MLC Cameron Murphy and top criminal silk Phillip Boulten SC on behalf of Labor Friends of Palestine, the group argued Australia needed to intervene in and support the case for “moral, legal and political reasons”.
Citing comments allegedly made by high-ranking Israeli officials as detailed in South Africa’s application to the ICJ – such as descriptions likening those in Gaza to “human animals” – the letter said the language used suggested “a genocide is occurring, or is threatening to occur”.
The group said Australia should stop relegating the Palestinian people to “a lesser status on account of international political dynamics”, adding that “history is watching”.
“This is a seminal moment for our party, our country and for the international community,” said the letter addressed to Anthony Albanese, Mark Dreyfus and Penny Wong on Thursday afternoon.
“Notwithstanding the positive steps this government has taken with respect to Palestine … this silence is inconsistent with our national values.”
The grassroots group, which has hundreds of members across western and south-western Sydney branches, were also behind a New South Wales push supporting an immediate ceasefire in Gaza, which has so far been passed in 50 branches across the state.
Murphy, a Labor backbencher in NSW parliament, said the letter encouraged Australia to be consistent in its support of international human rights law and that joining the ICJ case would send a “powerful signal to the world that Australia is a nation that cares about the lives of innocent people”.
“Australia has had a strong tradition of standing in to uphold international human rights law, and in this case, it’s really no different to the many others that we have been involved in,” he told Guardian Australia.
“What we should be doing is expressing a view about genocide wherever we see it.”
Australia has consistently supported Ukraine’s case against Russia at the ICJ, with Dreyfus saying Australia’s showed “unwavering commitment to upholding fundamental rules of international law and the integrity of the Genocide Convention”.
The ICJ ordered Russia to stop its invasion of Ukraine and withdraw its military in March 2022, but the legally binding direction was ignored.
The death toll in Gaza as a result of Israel’s bombardment and ground assault has surpassed 22,000 in the three months since the Palestinian militant group Hamas launched its attack against southern Israel, killing more than 1,200 people.
The Australian National University professor of international law, Donald Rothwell, described the ICJ case as “unprecedented” and said it had “immense cultural, diplomatic, historical, and political significance”.
Rothwell said Australia would also need to make a choice whether to support a provisional ICJ ruling against Israel, which could be handed down as early as 15 January.
“An ICJ ruling that Israel is committing genocide would require a radical modification of Israel’s military operations in Gaza. Israel would, however, retain its right of self-defence against Hamas,” Rothwell said.
“If the ICJ ordered provisional measures, Australia would be faced with either supporting the international court and the rules-based international order, or Israel’s ongoing military operations.”
It is not believed any federal Labor MPs have been involved in or backed the letter.
The offices of the prime minister, the attorney general and the foreign affairs minister have been contacted for comment.
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