20 July 2024
The Australian Centre for International Justice (ACIJ) welcomes the landmark ruling from the International Court of Justice (ICJ) on 19 July 2024, which categorised Israel’s 57-year occupation of the Occupied Palestinian Territory (OPT) as unlawful. In its historic Advisory Opinion, the ICJ also held that Israel’s policies and practices in the OPT have amounted to annexation of significant portions of the OPT. The ICJ found that the consequences of Israel’s illegal occupation and annexation of the OPT has resulted in the severe deprivation of the rights of the Palestinian people to self-determination and to be free from the prohibitions of racial discrimination, segregation and apartheid.
The ICJ determined Israel’s settlement enterprise to be unlawful according to international law and ordered it be dismantled. It called on Israel to end its illegal occupation as rapidly as possible and further ruled that Israel was obligated to provide full reparations for all harm caused since the occupation of the Gaza Strip, the West Bank, including East Jerusalem, first began in June 1967.
In a warning to all States, including Australia, the ICJ found that all States and international organisations have a positive obligation not to render aid or assistance which would maintain Israel’s illegal presence in the OPT. The Court stated that all States must “abstain from entering into economic or trade dealings with Israel concerning the Occupied Palestinian Territory or parts thereof which may entrench its unlawful presence in the territory.”
Executive Director of the Australian Centre for International Justice, Ms Rawan Arraf said:
“The ICJ ruling is monumental and creates an urgency and a positive obligation for Australia to act to ensure it ends its complicity in these serious violations of international law which also amount to international crimes.”
ACIJ calls on the Australian Government to implement the following non-exhaustive list of measures to ensure Australia complies with the ICJ’s ruling and does not aid or assist Israel’s unlawful occupation:
- The Australian Government impose targeted sanctions, including asset freezes against Israeli individuals and entities involved in Israel’s illegal occupation, settlement enterprise, annexation, persecution, racial segregation and apartheid policies against the Palestinian people.
- The Australian Government impose a comprehensive arms embargo on Israel. This arms embargo must include the suspension of all arms agreements and deals, and cover both the export, import and transfer of arms, including parts and components and other dual-use items. This military cooperation only serves to bolster the illegal Israeli occupation regime and its military forces.
- The Australian Government suspend all defence cooperation with Israel and end its facilitation of defence industry partnership.
- The Australian Government undertake an extensive review and urgent inquiry, with the purpose of identifying Australia’s economic relationships, investments, trade agreements, cooperation schemes and programs with Israel, and cancel them immediately.
- The Australian Government direct all State Governments to end all agreements relating to cooperation with defence, agriculture and water and other such industry agreements with Israel.
- The Australian Government immediately end any intention of entering into any free trade agreement with Israel.
- The Australian Government enact legislation banning settlement goods and services from entering Australia’s marketplace.
- The Australian Government enact legislation preventing Australian businesses from operating, trading, or investing in settlements or contributing to their maintenance and/or expansion.
- The Australian Government direct the halt of unlawful flow of investment from Australian charities that benefit the illegal settlement enterprise and Israel’s military.
- The Australian Government provide clear advice and direction to Australia’s Future Fund, Australian businesses, universities, pension funds, registered charities, and financial institutions to ensure they are not engaging in commercial or non-commercial activities with Israel.
- The Australian Government investigate and prosecute dual citizens serving in Israel’s military and provide clear directives to citizens to refuse to enlist in the Israeli military.
- The Australian Government support the investigation and prosecution of international crimes committed as part of the Situation in Palestine at the International Criminal Court (ICC) and commit to fully cooperate with the Office of the Prosecutor of the ICC, in line with Australia’s international and domestic legal obligations.
- The Australian Government refer the situation in Palestine to the ICC.
Rawan Arraf further stated: “These recommendations are not wish-lists. They are the necessary and bare minimum actions Australia is obliged to take under international law. These actions should have been taken long ago, but Australia, like other Western states, empowered Israel’s illegal military occupation for decades and contributed to it through countless deals and agreements and political cover, entrenching impunity and denying Palestinians their right to self-determination and to be free from the prohibitions of apartheid, persecution, racial discrimination and racial segregation.”
“We welcome the Foreign Minister’s response to the ruling. It is important that Australia respects the decision of the ICJ. However the statement barely scratched the surface and it fails on numerous fronts to adhere to the warning from the Court on Australia’s positive legal obligations.”
“While Gaza is burning and Palestinians there are facing forced starvation and annihilation of their health, education and every sector of their society, the Albanese Government thinks its hands are tied and that it can’t do much on this issue. This is false and misleading. Its hands are indeed tied, but in direct complicity with Israel’s illegal occupation in a myriad of ways as we’ve outlined above. The Albanese Government has the opportunity to correct course and repair its contribution to harming the Palestinian peoples’ fundamental human rights.”
“Nothing short of a comprehensive arms embargo will ensure Australia’s compliance with international law and the ICJ’s ruling, and in reducing the risk of Australian officials being complicit in international crimes. The extensive military cooperation between Australia and Israel must end immediately.”
“The extent and breadth of Australia’s links necessitates an inquiry to ensure Australia is not complicit in these severe breaches of international law and to ensure compliance with the ICJ’s ruling.”
“This is a test for Australia and whether it truly respects the United Nations Charter, its commitment to international law, the rule of law and the ICJ as the principal judicial organ of the United Nations.”
“Australians will judge the Australian Government on their actions, not their rhetoric.”
Note:
Some of the above recommendations were developed in coordination with the Palestinian Human Rights Organizations Council in a joint submission with ACIJ in 2021 to a DFAT feasibility study into ‘strengthening trade and investment in Israel. To access the submission please see here.
END
For media enquiries contact Rawan Arraf on +61(0)450 708 870.
Image Credit: A demonstrator holds a Palestinian flag in front of Israeli forces during a protest against Israel’s plan to annex parts of the occupied West Bank, near Tulkarm June 5, 2020. REUTERS/Mohamad Torokman
