Australia Palestine Advocacy Network (APAN) is urging the Australian Government to “issue a statement of support” for South Africa’s case at International Court of Justice against Israel, similar to Australia’s endorsement of Ukraine’s ICJ case against Russia in September 2023, urging the Albanese government to demonstrate a similar commitment to the Genocide Convention in the case of Palestine.
The state of South Africa filed an application on Friday 29 December 2023 against the state of Israel at the International Court of Justice (ICJ), the principal judicial organ of the United Nations, alleging violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”) in relation to Palestinians in the Gaza Strip.
South Africa has invoked the ICJ’s jurisdiction based on Article 36, paragraph 1, of the Statute of the Court and on Article IX of the Genocide Convention, to which both South Africa and Israel are parties.
According to the Application, “acts and omissions by Israel . . . are genocidal in character, as they are committed with the requisite specific intent . . . to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group” and that “the conduct of Israel — through its State organs, State agents, and other persons and entities acting on its instructions or under its direction, control or influence — in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention”.
The Application further states that “Israel, since 7 October 2023 in particular, has failed to prevent genocide and has failed to prosecute the direct and public incitement to genocide” and “Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza.”
Seeking Australian support for South Africa, APAN President Nasser Mashni said that Israeli actions constitute genocide, punishable by international law and called on the Australian Government to “uphold its responsibilities” as a state party to the Genocide Convention and act immediately emphasizing the need for consistency.
“There can be no double standards when it comes to international law and genocide – Australia must today stand up for the people of Palestine and work together with the international community to put an end to Israeli genocide,” he said.
In an open letter sent to Australian Prime Minister Anthony Albanese on Monday 8 January 2024, the Alliance of Australian Muslims representing over 200 Muslim organisations has condemned Israel’s “war crimes,” “indiscriminate attacks,” and the killing of innocent Palestinians while stating that the “conduct of Israel” is in violation of its obligations under the Genocide Convention.
The Alliance accuses Israel of killing more than 23,000 innocent Palestinians, mostly women and children amounting to acts of genocide, failing to prevent genocide, prosecuting incitement to genocide, and engaging in genocidal acts against Palestinians in Gaza while urging the Australian government to support South Africa’s ICJ application.
“Australia has a moral and humanitarian obligation to support the prosecution of the application and step to bring attention and scrutiny to the acts of aggression by Israel. To not do so would be inconsistent with the importance which Australia has placed on international human rights law and the role of legal institutions such as the ICJ,” the letter states.
In a fervent plea for international accountability, the Australian Federation of Islamic Councils (AFIC) the peak body representing over 150 member Islamic organisations issued a media release on Monday 8 January 2024 calling on the Australian Government urging immediate action in support of South African legal proceedings against Israel.
Quoting historical figures like Archbishop Desmond Tutu and President Nelson Mandela, the letter draws attention to their beliefs that true freedom for South Africans was intertwined with the freedom of Palestinians and for the Australian government to recognise Israel’s consistent brutal actions aimed at what they term as “the destruction of the resilient Palestinian population.”
AFIC goes further, advocating for the referral of Israel to the International Criminal Court for Genocide. The killing of journalists in Gaza is highlighted as a war crime, with the letter citing Article 8 of the Rome Statute. AFIC questions the lack of global accountability for Israel’s actions and calls for international attention to the explicit intentions of Israeli officials, warning against turning a blind eye to these actions.
AFIC President, Dr Rateb Jneid, expressing alarm over the escalating death toll said, “Australia has a moral obligation to prevent genocide; it has a moral obligation to align itself with the actions of the South African Government, to bring out the truth of what is happening in Gaza and to prioritise law over war.”
He further added, “With our members, we call on the Australian Government to ensure the rule of law prevails and as a responsible member of the global community, we must act immediately to halt the bloodshed where all segments of Australian society must hold Israeli politicians accountable for their words and actions and stand united against injustice, violence, and the violation of human rights.
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