Human rights organisations have referred evidence to the AFP, urging an investigation into whether Australian-Israeli dual nationals may have been involved in genocide, war crimes or crimes against humanity in Gaza.
Leading human rights and advocacy organisations have called on Australian authorities to investigate whether Australian-Israeli dual nationals may have been involved in alleged war crimes, crimes against humanity or genocide during Israel’s military operations in Gaza.
The Australia Palestine Advocacy Network (APAN), Amnesty International Australia, the Australian Muslim Advocacy Network (AMAN) and several other civil society organisations have formally referred a legal submission to the Australian Federal Police (AFP), urging investigations under Australia’s existing war crimes legislation.
The referral is supported by a substantial evidentiary dossier prepared by the International Centre of Justice for Palestinians (ICJP), containing legal analysis, witness testimony and evidence gathered from survivors, journalists, humanitarian workers and medical professionals who have worked inside Gaza since October 2023.
According to the submission, ICJP collected more than 120 witness statements detailing allegations of attacks on civilians, hospitals, refugee camps and humanitarian infrastructure, as well as claims of starvation, obstruction of aid deliveries and the collapse of Gaza’s healthcare system during the conflict.
The organisations are calling on the AFP to investigate not only senior Israeli political and military figures named in the submission but also any Australian dual nationals who may have participated in military operations that could constitute offences under Australian law.
Australia’s Criminal Code Act 1995 provides jurisdiction to investigate and prosecute genocide, war crimes and crimes against humanity, including conduct alleged to have occurred overseas. The organisations argue that Australian authorities have a legal obligation to examine credible allegations wherever they arise.
The submission urges the AFP to commence a full investigation into the allegations, engage directly with Palestinian victims and survivor communities in Australia, investigate any Australian dual nationals alleged to have participated in hostilities in Gaza, and prepare evidence for possible referral to the Commonwealth Director of Public Prosecutions.
APAN Executive Officer Katie Shammas said Palestinians had spent more than two years documenting what she described as mass death, starvation and the destruction of civilian life in Gaza.
“Now we see more evidence that is extensive, deeply disturbing and impossible to ignore,” Shammas said.
“The question continues to be what it will take for Australian authorities to engage with that evidence seriously and independently and act in a way that is required of them under international law.”
She added that Palestinian victims and survivors deserved the same access to justice afforded to victims of atrocities elsewhere in the world.
“There cannot be one standard for some conflicts and another for a genocide in Gaza,” she said.
Amnesty International Australia’s Occupied Palestinian Territory spokesperson Mohamed Duar said any Australian found to have committed international crimes should be held accountable.
“Any Australian who has committed war crimes, crimes against humanity or genocide must be held to account and face justice,” Duar said.
“The international rules-based order must be respected and upheld, and the Australian Government must honour its obligations to bring accountability for perpetrators of these grave crimes. The impunity must come to an end.”
The submission comes amid growing international efforts to investigate alleged crimes committed during the Gaza conflict. Human rights advocates note that authorities in several countries, including Belgium, Brazil, Canada, France and Sri Lanka, have initiated investigations involving alleged war crimes linked to the conflict.
The referral also points to Australia’s obligations under the Rome Statute of the International Criminal Court and notes that arrest warrants have already been issued by the ICC for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant.
Advocacy groups argue that Australia should apply its existing laws consistently and independently, regardless of the nationality or political affiliation of those accused.
The organisations also expressed concern that Palestinian, Arab and Muslim communities increasingly believe that Australian institutions apply different standards of accountability depending on who the victims are.
Whether the AFP proceeds with a formal investigation remains to be seen. However, the referral has intensified calls for Australia to demonstrate that allegations of genocide, war crimes and crimes against humanity will be examined under the rule of law, irrespective of where they occur or who may be involved.
As the conflict in Gaza continues to generate international legal scrutiny, human rights organisations say accountability and equal access to justice remain essential principles that Australia must uphold.
Republished from AMUST
Mohamed Ainullah
Mohamed Ainullah is an AMUST subeditor responsible for the Mediascan section of AMUST