22 November 2024
The Australian Centre for International Justice (ACIJ) welcomes the announcement from the Pre-Trial Chamber I of the International Criminal Court (ICC) that arrest warrants have been issued against Israeli Prime Minister Benjamin Netanyahu, Israeli Defence Minister Yoav Gallant as well as Hamas leader Mohammed Diab Ibram Al-Masri (Deif) following the Office of the Prosecutor (OTP)’s application on the 20 May 2024.
In issuing these arrest warrants, the Pre-Trial Chamber has exercised its power to judiciously assess the validity of the arrest warrant applications of the OTP, in a long-awaited opportunity to ensure steps are taken towards accountability for crimes committed on the territory of the State of Palestine, and end the decades-long impunity the State of Israel has enjoyed in relation to its unlawful and egregious actions against the Palestinian people.
The arrest warrants have been issued against Netanyhau and Gallant for war crimes and crimes against humanity, with reasonable grounds to believe both individuals intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival.
Under the Rome Statute, States have an obligation to fully cooperate with the ICC in its investigation and prosecution of crimes. The power to execute arrest warrants issued by the Court are vested in States Parties, underscoring the importance of cooperation in effectively fulfilling the mandate of the ICC. The ACIJ reminds the Australian Government that Australia is duty bound to comply and execute these arrest warrants.
Australia has long been at the forefront of building an effective and independent international criminal justice system. We look forward to a timely public statement from the Australian Government reiterating in the strongest terms Australia’s support for the Rome Statute system and commitment to fully cooperate with the execution of the arrest warrants.
We also urge the Australian Government to confirm its support for any potential requests made by the ICC, to rescind in full the Morrison Government’s 2020 attempt to block the opening of an ICC investigation into the Situation in the State of Palestine, and to reconfirm its support for the independence of the Court. These steps would support accountability for the heinous crimes committed on the territory of the State of Palestine and reaffirm that no State can act with impunity.
Executive Director of the Australian Centre for International Justice, Ms Rawan Arraf said:
“This is a welcome step to end Israel’s entrenched impunity and to hold those responsible for the commission of international crimes accountable and to bring them to justice.”
“We remind the Australian Government that they are duty bound to comply and execute these arrest warrants.”
Arms embargo
“These warrants also put the Australian Government on further notice that they may be assisting the commission of international crimes. All arms exports, including parts and components to Israel or that may go to Israel, and all defence deals that benefit Australia’s own defence capability, such as the one recently signed with Elbit Systems, must end and be rescinded. We welcome the Victorian Government’s decision not to renew the memorandum of understanding with the Israeli Defence Ministry. This only confirms that any relationship with Israel’s crimes are untenable, legally and ethically.”
Investigate and prosecute Australian citizens in the IDF
“The ICC’s arrest warrants reinforces the obligation incumbent on the Australian Government to investigate Australian citizens who have served and are serving in Israel’s military. Australia must now fulfil that obligation as a matter of urgency.”
Refer the strike killing Australian citizen Zomi Frankcom
“The Australian Government should refer the strike against World Central Kitchen which killed Australian citizen Zomi Frankcom to the Office of the Prosecutor.
Prosecute Australian complicity in the illegal settlement enterprise
“Furthermore, we call on all Australian Federal and State Governments to urgently review their economic and defence relationships with the State of Israel, especially in light of the International Court of Justice’s landmark Advisory Opinion of July 2024. Any aid or assistance that is linked to Israel’s litany of international crimes must end. The Australian Government must review and rescind any complicity with the illegal settlement enterprise and the Australian Federal Police must investigate any individuals and entities who are involved in Israel’s illegal settlement enterprise.”
Australian Government condemn political attacks against the ICC and its officials
“We call on the Australian Government to condemn any cynical attacks by political leaders on the ICC, which seek to interfere with and undermine the fulfilment of its mandate, in order to protect political interests, entrench impunity for Israeli leaders, and which come at the expense of international justice.”
ICC investigation must go further
“While this is a crucial first step, we urge the Prosecutor to take further steps to ensure full accountability. The Prosecutor must consider charging Israeli government and military leaders for the genocidal assault committed against the Palestinian people in Gaza. The Prosecutor should apply for warrants for all of Israel’s political and military leadership, and ensure all of Israel’s violations, which amount to crimes under international law, are considered.”
The ACIJ acknowledges the work of its partner organisations in Palestine, including Al-Haq, the Palestinian Centre for Human Rights, Al Mezan Center for Human Rights and others, who have been relentless in their pursuit of accountability globally, and at the ICC for over 15 years. We endorse their statement released on 20 May 2024. They have called on the Prosecutor to act to ensure the atrocity crimes against Palestinian prisoners and detainees are not neglected and that ICC Prosecutor Karim Khan must also issue applications for warrants for Israel’s political and military leaders for the crime of genocide, for the crimes committed during the Great March of Return, Israel’s 2014 military assault on Gaza, the 17-year illegal blockade on Gaza, Israel’s illegal settlement enterprise and the forcible transfer of Palestinians in the West Bank, including occupied East Jerusalem, and into Israel, and for the crimes of pillage and apartheid, amongst others.
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For media enquiries contact Rawan Arraf on +61(0)450 708 870.
Image Credit: Ashraf Amra/Anadolu via Getty Images (c) 4 November 2023
