Australian Government must do all in its power to prevent genocide against Palestinian people by Israel
In light of an imminent military operation by the Israeli Defense Force in Rafah and the ongoing assault on Gaza, the Human Rights Law Centre has written to Prime Minister Anthony Albanese, Minister Penny Wong, Minister Richard Marles and Attorney-General Mark Dreyfus KC with an urgent call for the Australian Government to use all efforts to prevent genocide against the Palestinian people.
Since Israel commenced its ongoing military response to Hamas’ attacks of 7 October 2023, it has continually designated Rafah as a "safe zone", resulting in some 1.5 million Palestinians now sheltering in the area. The Human Rights Law Centre welcomes the joint statement issued by the Prime Minister and his counterparts in New Zealand and Canada on 14 February 2024, recognising the imminent risk of such an operation, but calls for further urgent action by Australia.
On 26 January the International Court of Justice recognised the plausibility that Israel’s actions, to that date, may constitute genocide and issued interim orders to prevent irreparable harm to Palestinians in Gaza. As a party to the Genocide Convention, the Australian government must employ all reasonable measures to prevent genocide wherever it may occur. The actions of the Government of Israel and its defence forces since those orders have further amplified the risk of genocide.
This warrants immediate, decisive action by all parties to the Convention. The Human Rights Law Centre calls for the Albanese government to:
immediately cease all military exports or other military assistance to the Government of Israel, including terminating all contracts with the Israeli Defense Force and related contractors;
immediately restore aid to humanitarian agencies operating in Gaza, including UNRWA, and support the international community’s efforts to ensure the effective delivery of aid;
robustly investigate anyone in Australia who may be responsible for international crimes, including those participating in military activities in Gaza, and unequivocally support international accountability mechanisms with jurisdiction over the situation in Israel and the Occupied Palestinian Territory, including the UN Independent Commission of Inquiry, the International Criminal Court and the International Court of Justice.
The Human Rights Law Centre was founded with a mission to advance human rights protections in Australia and overseas where there is a connection to Australia. This involves upholding international human rights legal frameworks. We also promote the importance of international justice mechanisms, such as the International Court of Justice as the principal judicial organ of the United Nations, particularly where binding legal orders pertain to a State with which Australia has a close relationship.
Given the clear and present risk of genocide in Gaza, the Australian Government has a continuing obligation to act to avoid facilitating this further, including through its relationship with the government of Israel. In view of the conduct of Israel’s military forces and political leaders to date, the Centre considers a complete and permanent ceasefire is a necessary first step towards full compliance with the Court’s orders.
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