Australian Foreign Minister Penny Wong is making an official visit to the Middle East this month and will need to convey a clear position to different audiences: the Palestinian Authority, Israel and neighbouring countries. But at home, many Australians are shocked that their government has been a loyal apologist for Israel and failed to condemn the military and political assault on Palestinians.
Australians know little about international law and unfortunately many parliamentarians know even less. There is a national tendency to bypass or criticise the United Nations system of international law making to set global standards that could maintain peace and security. Australian Governments have worked hard to lead many aspects of this process since 1948 but have failed to convey details to their electorates.
However, when the Federal Parliament returns on February 6th it will be essential that our political leaders have informed themselves about our international responsibilities under the Genocide Convention signed by Australia on 11 December 1948 and incorporated into the Criminal Code 1996 and the International Criminal Court (Consequential Amendments) Act 2002.
This international human rights convention together with the Universal Declaration of Human Rights were developed by the newly formed United Nations after World War Two as a direct response to prevent the atrocities the world witnessed during the Holocaust. Currently 132 countries have now committed to the Genocide Convention which requires that “The contracting parties confirm that genocide whether committed in times of peace or in times of war is a crime under international law which they undertake to prevent and punish.” (Article 1)
Since October many commentators have described Israel’s military and political response to the Hamas terrorist attack as ‘genocide’ because of the extreme measures taken in targeting Gaza’s civilian population. However, the crime of genocide must be proven at the International Court of Justice to show that there is a deliberate government intent ‘to destroy in whole or in part a national, ethnic, racial or religious group’. (Article 11)
On December 29th the Government of South Africa filed an 84-page application in the International Court of Justice alleging that Israel is committing genocide and seeking a provisional ruling which may be made by the end of January. The South African document argues that there is little doubt about the motivation of the Israeli Government in its indiscriminate bombing and denial of food water, energy and medical care. It details pages of statements by Israeli civilian and military officials that document genocidal intentions in Gaza and include statements from Prime Minister Netanyahu President Herzog, Defence Minister Galliant, five other Cabinet ministers, senior military officers and members of parliament.
The case has been supported by a number of countries and 1500 international human rights organisations around the world. The Israeli Government is defending the case against it and on January 4th the Foreign Ministry instructed its embassies to pressure politicians and diplomats in host countries to make statements opposing South Africa.
Many eminent international lawyers agree South Africa has made a strong case, under the Genocide Convention but the initiative has been dismissed by the United States and others, while the Australian Government has avoided public comment. However, Department of Foreign Affairs managed a cautious response about conveying “concern to Israel about inflammatory comments”.
-“Gaza won’t return to what it was before. We will eliminate everything “, Defence Minister Galliant
– “We are now rolling out the Gaza Nakba”. a reference to the 1948 ethnic cleansing of Palestinians to create the state of Israel. – Minister for Agriculture, Avi Dichter.
-“Now we all have one common goal -erasing the Gaza strip from the face of the earth” Nissim Vaturi, member of the Foreign Affairs and Security Committee
Clearly Australian Foreign Affairs staff need to urgently refresh their understanding of the Genocide Convention.
What will be Australia’s official response to an International Court of Justice ruling and what will be the consequences for our foreign policy in the Middle East?
Foreign Minister Penny Wong is making an official visit to the region this month and needs to convey a clear position to different audiences: the Palestinian Authority whose community is being systematically destroyed, Israel which believes its use of excessive force is necessary and neighbours whose leaders have tried to find a peaceful solution in their region. Obviously, this is a diplomatic challenge that countless western leaders have failed to resolve in the past and which has now led to the current tragedy. The scale of loss of life and destruction in Gaza over the past three months demands urgent action.
Australia’s Foreign Minister must continue her call for an immediate ceasefire and a timetable for the long anticipated two state solution She needs to confirm Australia’s commitment to recognise Palestine as a state, finally catching up with 139 countries which already recognise Palestine.
Minister Wong must also prioritise Australia’s preeminent commitment to international law and the role of the International Court of Justice. As a party to the Geocide Convention, the Australian Government has a responsibility to uphold its requirements, and this must be included in all diplomatic discussions.
The Federal Parliament resumes in the first week of February so we would expect a formal statement about the Middle East visit to be made in the Senate by the Foreign Minister. It would also be timely for the Prime Minister or his Attorney General to table the statements presented to the International Court of Justice by South Africa and Israel so that our elected representatives have the opportunity to debate this historic case and Australia’s responsibilities as a signatory.
Many Australians are shocked that their government has been a loyal apologist for Israel by continuing to condemn Hamas for its atrocities but failing to condemn the military and political assault on Palestinians. Labor Friends of Palestine and Palestinian advocates have called for Australia to support the South African case.
There will be those in the Australian Parliament who will continue to exploit the Middle East crisis without any understanding that this momentous period in our history will have global consequences for many years to come. The Australian media is poorly informed, and most journalists do not access detailed current information from international sources. Regardless of these challenges it is essential that the Australian Government does not allow itself to be wedged into irrelevance. Elected representatives, with some commendable exceptions, have already shown they lack knowledge and courage in responding to this international crisis, but they can no longer avoid facing their responsibilities. We need real leadership and principled commitment to international law.
Margaret Reynolds has a long commitment to the peace movement dating back to the Anti-Vietnam Moratorium to current advocacy against militarism as National President of Women’s International League for Peace and Freedom.(Australia )
She was a Labor Senator for Queensland 1983-1999 and a member of Bob Hawke’s Ministry 1987-1990. She taught Human Rights and International Relations at University of Queensland 1999-2004 and has worked with a number of international non-government organisations.