The International Criminal Court last week handed down a historic ruling confirming that the court’s prosecutor has the power to investigate war crimes and crimes against humanity in Palestine.
After half a century of impunity since the Israeli occupation began, the ICC decision finally offers some real hope for justice, as crimes in the West Bank and Gaza Strip may now to be subject to a formal probe.
So it was alarming to hear Australia’s Foreign Minister Marise Payne slam the ICC’s decision, saying that Australia “does not recognize a State of Palestine”, has “deep concerns” with the ruling, and that the ICC “should not exercise jurisdiction in this matter”. While several other states also signalled their disagreement on the merits of this ruling, no other country to date has explicitly said the court should not exercise jurisdiction in this case.
Australia, a member of the ICC, was among seven countries that intervened in the court proceedings to argue that the ICC did not have jurisdiction over the situation in Palestine.
The panel of judges invited written submissions while they considered the issue, but ultimately held that the court’s jurisdiction does extend to Gaza and the West Bank, including East Jerusalem. The UN General Assembly recognized Palestine as a state. As a result, the court’s pretrial chamber ruled that Palestine’s accession to the ICC treaty confers jurisdiction to the court for crimes committed on its territory.
Australia regularly supports and defends Israel’s actions on the international stage. But an ICC probe is not about taking sides in a political conflict. It’s about ensuring that perpetrators of serious international crimes, both Israeli and Palestinian, answer for their actions at a fair trial. As a court of last resort, the ICC has a critical role to play in situations like Palestine where the path to domestic justice is closed and impunity is the norm.
Recently, Australia has spoken out on human rights abuses across Asia, calling attention to China’s mass abuses in Xinjiang, human rights violations in Hong Kong, and the military coup in Myanmar.
If Australia wants to be a credible voice on human rights, it should speak out wherever abuses occur and respect the ICC’s decisions. It should be consistent in its support for justice, accountability, and the rule of law regardless of the context.
Instead of undermining the ICC, Australia should voice its support for the court, protect its independence, and stop trying to block a Palestine investigation.
This article first appeared on Human Rights Watch, on February 11, 2021. Original here.
Sophie McNeill is a former ABC investigative journalist, author and researcher for Human Rights Watch.
Comments
37 responses to “Australia should stop blocking international justice in Israel and Palestine”
Congratulations Sophie. Your comment about how Australian leaders approach specific human rights issues around the world is very disturbing. They should be condemning all governments that commit human rights abuses and demand that the ICC deal with those individuals who order such crimes to be carried out.
Many who hold to the concept “Israel right or wrong” do not seem to have done much homework on the history of the foundation of the modern state of Israel and how it was formed. Past British governments have much to answer for because of their connivance with the Zionists to allow them to set up the state in the first place. It seems to me that Jewish refugees had the right to escape Nazi barbarism, but they should only have been allowed to stay in Palestine if they became citizens of that state.
If refugees came to Australia claiming that they wanted asylum and then demanded a large piece of the land to establish their own nation, most Australians would be outraged including apologists for Israel
However, the British were in control and did very little to stop the wave of terrorism inflicted on the Palestinian Muslims by members of the Zionist terrorist gangs (Irgun, Haggana and Stern). Even British personnel were victims of these terrorist actions.
Since the establishment of the state of Israel, its successive leaders have gradually stolen more and more Palestinian territory and carried out dreadfully repressive policies. It has become a brutal and an apartheid state that stomps on the human rights of the Palestinian people. These victims of these crimes deserve justice.
But others deserve justice because of abuses of their human rights. Australian governments did nothing to speak up for the victims of the terrorism perpetrated by the Indonesian military (TNI) in West Papua, east Timor, Acheh and Indonesia itself. In fact it armed and aided and abetted the TNI.
The official Australian response to human rights is very partisan and is controlled by Australian leaders dogged commitment to the US alliance which has led to us being supportive of many disreputable regimes and involved many of our young people in far too many unnecessary wars.
A non-aligned and independent Australia would give our future leaders the freedom to pursue the politics of human rights, true democracy, the rule of law and social justice. Sadly, that could be a long time off.
The power of the Jewish lobby in coalition ranks is deeply disturbing.
Excellent discussion of this decision and its implications in the context of B’Tselem’s statement about Israel: A regime of Jewish supremacy from the Jordan River to the Mediterranean Sea: This is apartheid, with Norman Finkelstein in conversation with Aaron Mate:
https://thegrayzone.com/2021/02/14/finkelstein-palestines-icc-victory-thwarted-by-israels-apartheid-reality/
I am yet to understand how Indonesia’s government have not been called to account by Australia over the beatings, torture, also the ongoing slow genocide of the Papua/West Papua indigenous people?
Minerals
If anything Judicial has to happen, we need to revive the Nuremberg War Crimes Tribunal – to be totally independent of the UN and all its agencies – and arraign the ICC & the Palestinians (& much of the UN General Assembly) before it on charges of relentless anti-Semitism and attempted Genocide against the Jewish People. At Nuremberg, the Civilized World vowed Never Again. Never again would the Jewish People be subject to such barbarity as they suffered under the Nazis. It is precisely this Never Again that is being repudiated by the ICC and the Palestinians – and the majority of the UN General Assembly – in a revived form of Nazism – in their continuation of the Nazi agenda of stealing Biblically Jewish Land from the Jewish People, and finally attempting global Genocide against the Jewish People.
Right now, we are entering the time of Purim. Where we recall that Haman attempted Genocide against the Jewish people in Persia. Where Esther (Hadassah) rose up and finally brought the downfall of Haman. The ICC and the Palestinians – and the majority of the UN General Assembly are now acting like Haman. Are we going to join Haman – both ancient and modern, or oppose him (in his modern reincarnation)?
You are conflating two issues here. There is a big difference between Jewish people, Jews that suffered intolerably in WWII at the hands of the Nazis, and the radical Zionists behind what we see in Israel today. Many are as extreme as any Muslim radical could be.
It was the original Zionist push from Europe and elsewhere that brought about the Balfour Declaration back in 1917 that allowed England as the post war victor to claim Palestine as a Mandate and the future home of Israelis. This, and the earlier Sykes-Picot agreement of 1914 set the last Century up, and the new millennium, for disaster in the Middle East.
Before Zionists moved to Palestine, the smaller number in population lived in relative harmony with Christians, Jews, and Muslims all mixing together.
Of course we would know nothing about the Declaration and Agreement cited above unless Lenin hadn’t spilled the beans exposing the support and approval of Tsar Nicholas II, the one that the starving Russians devoid of bread toppled. I don’t know you’ll like to here about that given Lenin was communist.
May I say that occasionally it is worth reading the history formulated by a competent academic rather than interpreting the Bible according to your own prejudices as your only reference.
I suggest you read The Invention of the Jewish People by Shlomo Sand, Professor of History at Tel Aviv University. He has another book titled The Invention of the Land of Israel worth the effort too.
Another book to add to your reading list is The Wandering Who? A Study of Jewish Identity Politics by Gilad Atzmon.
Sounds like a very good book , so thank you for the reference Hal.
I find many people don’t understand that being a Zionist, being Jewish, and being an Israeli are misinterpreted as to mean one and the same. Of course it can be the case that all three align in the one individual, but it is wrong to think it is the case for all Israelis and all Jews. And of course there is more to it than that if you think in terms of secular Israelis, and Haradem, and further religion-based groups.
I also find most people think Israel was the result of WWII when the fact is that the origins of the state go back to WWI and much further back again as an evolving concept for Jews in Europe and Britain.
Have you any idea at all, MaryJoy, just how easy it is for your readers to dismiss your comments as those of a raging, irrational, brainwashed ultra-Orthodox Zionist?
Why do you keep embarrassing yourself so publicly and persistently?
Do you have any idea yourself? I take it that you support the Palestinian-driven attempted Genocide against the Jewish People?
Thank you Sophie for a succinct comment on this topic.
The so-called creation of the State of Israel in 1948 was and is a disgrace. It was a way for the West (particularly the UK) to wash its hands of a problem. Based on the argument that they were the “Chosen People” Jews reclaimed what they considered to be their land having left it 2000 years ago.
One needs to ask the question – why were Jews excoriated from practically every country in which they resided. The answer is simple in my view – when asked who or what they were they answered “I am Jewish” not I am Australian, British or whatever. To their credit they ensured the boys in particular received a very good education and therefore were well positioned to be successful business people.
This in no way way excuses their murderous and appalling behavior to the Palestinians who have occupied that land forever.
Together with the US, Israel is one of the most dangerous and volatile countries in the world and it has nuclear weapons. The sooner Iran is a nuclear state the better.
Australia’s response to the ICC is incomprehensible but looking at the Government and the quality of its think-tanks, lobbyists and advisors makes perfect sense.
Erik
Totally agree. Australia is openly aiding and abetting criminal and murderous behaviour by both Israel and the US in the Middle East. I also don’t disagree with Iran acquiring a nuclear capability if that is the only way it can defend itself. No use going to a gun fight with a knife.
When it comes to Australia’s foreign policy, Canberra is a modern day colonial outpost, taking orders from both Washington and Tel Aviv. And whenever told, it would go against the wishes of the General Assembly of the UN. We are very consistent in our obedience.
Sorry if this is too blunt, but I think agreeing with Iran acquiring nuclear weapons is a fantastically irresponsible and stupid position. The world’s foremost exporter of terrorism.
You need to fact check your statement that Iran is the foremost exporter of terrorism.
Al Qaeda, the first major terrorist group, was formed from the Mujahideen, which was aided and abetted by the CIA, including supplying them with Stinger missiles to shoot down Russian helicopters.
ISIS or Islamic State, the current biggest group of terrorists, was one of the resultant outcomes of the war in Iraq (and who caused that illegal war?).
ISIS was and is still supported by Turkey in the war situation in Syria, till today. The US, via the CIA, has been known to funnel weapons to this group for the purpose of regime change in Syria. The CIA/US actually doesn’t give two hoots about who are or are not terrorists, as long as they serve US purposes- especially for regime change.
Mujahedin-e-Khalq (an anti-Iran terrorist group) used to be recognised by the US as a terrorist group, but not anymore. I wonder why!
Iran supports the Syrian government, and it also supports the Lebanese Hezbollah, an anti-Israel resistance group which have fought alongside Iranians and Russians in support of the sovereign government of Syria.
These are the facts. Perhaps you have just lifted from page xxx of the CIA report about Iran being the “world’s foremost exporter of terrorism”.
I won’t call the position you have taken stupid, but just misguided… .
Man Lee, a very classy last sentence. You drew a broad smile.
Let’s not split hairs though. One could argue that Russia, the US, Turkey, Saudi Arabia etc export terrorism and you are right – I don’t have sufficient depth of knowledge of each of them. But there is little doubt that Iran does export terror, whether support for Hamas and Hezbollah, whether attacks on Israelis or others in countries like Argentina, like the drone attack on Saudi oilfields. Or that internal terrorism is going strong, with Christians and especially Baha’is facing severe persecution. Iranian dissidents have shown exceptional courage – but we can agree that they shouldn’t have to.
Iran supports Hamas and Hezbollah, both resistance groups against Israeli military hegemony. You could say that one man’s terrorist is another man’s freedom fighter. I don’t consider these 2 groups as terror groups simply because it is their people who are being seriously oppressed by a vastly superior military occupying force.
Whether it is China, Russia or Iran, every opportunity to demonise is being used by the US, simply because these 3 countries have chosen to be fiercely independent of the US. Whatever instances of failure in all these 3 countries, you have to apply a kind of pub test, and not simply accept what our media says. (Most people don’t quite appreciate the sheer human misery that US sanctions on Iran have caused its people, but that is another story).
I am sure Iran can do better with its minorities (even Australia can!), but whatever they are doing, it would be a lot less crazy than what the Saudis are doing or had done. After all, it was they, apparently at very high echelons of the Saudi establishment, who helped facilitate 9/11. Something that is now conveniently swept under the carpet. Americans who campaigned for justice and prosecution of Saudi officials got zero for their many years of sweat and tears.
Barney – totally agree – Islamic Iran is, if possible, worse and more murderously bloodthirsty against the Jewish People than the Nazis ever were and even aspired to be.
If we all followed your white supremacist views driven by your personal interpretations of the Bible full of hate, we would be at war all of the time, at least until all Asians, Muslims, brown-skinned people and ‘commies’ would be all dead. I have no idea how you would deal with multiculturalism. I guess you have to send all migrants back to where they came from, no matter how many generations they would have lived here, and exterminate the others. Then there would be the First Australians to deal with.
All very much aligned with the teachings of Jesus.
What would you do with the British ‘Anglo-Saxons’ who display 80% Spanish derived genes from people who migrated to England from there 10,000 years ago or less, who had blue eyes from the Black Sea region, and very dark brown skin and black hair that still persisted from their origin from Africa.
You should get yourself a DNA test to see how pure your white blood is. I’m sure it is a condition for entering heaven.
Excellent rejoinder, George. I lived in London for about 6 years, and whilst I was there I often wondered why a few of my English colleagues had hair almost as black as mine!
A few years ago I read that there are actually many English people with ancestors from places like Egypt; now I understand why some of my very English friends had dark hair!
I thoroughly endorse your recommendation to MaryJoy333 to have a DNA test. But I wonder if the criterion for entering heaven should be white or should it Jewish (the latter meaning your forebears could be Middle Eastern, Eastern European/Turkic, or indeed North African).
And by the way, whilst I was in England, I also saw an interview with a Bishop (it could be the Archbishop of Canterbury…) who mentioned that Jesus was NOT a white man. He was Middle Eastern, which means, by our current Anglo view of the world, he was most definitely was a Black Man.
I feel sure that if Jesus came back in person today, many conservative white Christians, especially those in Woop Woop Land, USA would disavow their faith almost instantly!
I mean the folly of trying to put everyone back in their own country is absurd. If anything is recorded in history as well as prehistory is that human beings are entropic, in other words, they love moving around the globe and mixing up with everyone else. I’m sure you already know that, but it is worth saying it to set the record straight.
Rather than see it as a threat to life, I see it as something quite beautiful. Would I Like only one plant in my garden? The one that has only white flowers? No way, its the variety and the depth of human culture no matter where it comes from, that makes life so attractive.
Most definitely. Diversity, whether in the human, animal or plant world, most definitely enriches all our lives on this little planet of ours.
We lose that diversity, we will lose everything. Sadly, I think we are still primitive in so many ways. An example, as in “My God is better than your God”. In this respect, I think the 3 Desert Religions have a lot to answer for.
If only John Lennon’s “Imagine” could be made true! If we could only dispense with the Fake News from 2,000 years ago! (Ok, I am ready for the blow back on this post…)
Yeah I think Lennon’s Imagine was the golden theme song for a far better future. I have never forgotten that.
And I agree with the religions. Most of the followers never understood the teachings anyway. They turned it into praying to Jesus to get a new car at Christmas.
Fixed the name of the song in my post! Ta!
#1 Quote: the Palestinians who have occupied that land forever
Response: they had no Biblical Right to do so. It is Jewish Land forever – NOT the so-called Palestinians.
#2 Quote: Israel is one of the most dangerous and volatile countries in the world.
Response: The sentiments contained in this quote are pure Josef Goebbels.
Given that you’ll have to do something with all non-white people in the world to achieve your aims I wonder who is more like Josef Goebbels? In fact Goebbels being better known for his anti-Semitic propaganda, also fashioned his own views around Christianity to suit his personal aims, he even wrote a book about it.
There must be a way for our correspondent to be sectioned, it is obvious help is required.
Someone/anyone, who may have some idea as to what relationship to reality the correspondents utterances have, please ask RUOK?
Thankyou Sophie for your article making it clear that human rights apply to all people and that Australia is blotting its international reputation as a country guided by the Declaration of Human Rights by objecting to the ICJ adhering to its obligations.
I completely agree with you Annette (and Sophie) – Israel must be accountable. But I’d have a lot more sympathy with the UN if it weren’t so blatantly anti-Israel. In 2020, the UN General Assembly passed 17 motions censuring Israel, compared with six for the entire rest of the world. I find its alleged concerns for human rights contemptible. Members of the UN Human Rights Council include such charming regimes as China, Pakistan, Cuba, Russia, Uzbekistan among others – some of the worst abusers of human rights.
Apart from your first sentence, I totally agree. The civilised world would be better-off without the UN General Assembly. And the UNHRC and the UNHCR.
Barney – I’m just asking, I don’t know this, but it seems to me that the power of the hegemon of international protection that Israel has excited at least since 1967 may itself have so deeply motivated the relatively powerless of our World’s nations to reiteratively raised the gross injustices perpetrated by Israel so deeply and for so long in the merest hope that we, unaffected directly by such injustices, can begin to argue for restorative justice. Yet, while the yet-to-be-convicted criminal Netanyahu keeps retaining power, the ultra-orthodox linear Deists persist in extracting more than one eye-for-an-eye. Were I to be such a powerless nation, I would do the same.
Charles, I can understand that you think Israel’s actions are reprehensible. For myself, I find myself defending Israel against those who attack it, and attacking it against those who defend it.
But you can’t seriously believe that Israel’s offences are three times worse than the whole rest of the world put together, surely? It sometimes seems to me that the only point of the UNHRC is to attack Israel. Never any criticism of Pakistan, Saudi Arabia, China and some of the most vicious regimes on earth. Many or most posters on this site think China has an untramelled right to do whatever it wants to Tibetans, Uighurs, Hong Kongers, Taiwanese, Christians, Falun Gong. I can’t think of much that strikes me as more hypocritical than arguing that then blasting Israel which similarly wants to make itself secure as a nation. Do you care about restorative justice for Yemenis? Uighurs? Religious minorities in Muslim countries? Slave workers in Saudi Arabia? Families enslaved by drug cartels in Latin America? If not, why not?
Thanks Barney. Mate, of course (as an individual and as an activist) I do not – nor could I believe that the manifest intensity of the Global community concerning Israel’s inhumanity truthfully and accurately reflects its relative concern for Israel’s abuse. I don’t.
What I am trying to say – and it’s not an easy point to make – is that Israel’s ‘humanistic dysfunction’ is both so globally influential (look at the power of those nations who have supported – for so many decades and still support – Israel) and so reflective of its internal dysfunction (a corrupt and criminal Prime Minister holding onto ambiguous electoral power by the merest of pinky fingernails as dictated by the electoral manipulation of the most ultra of ultra-Orthodox Abrahamics) that, as a top-rating global ‘casua sui’, it is politically irresistible, indeed, it is politically compulsory!
I wonder if Jacinda might start ramping up some ‘diplomacy’ in relation to those other egregious national behaviours you’ve mentioned. Albo may never get the chance!
Incredible that Netanyahu is still there, and for the reasons you outline. I have no doubt – I don’t have the numbers – that the US or Britain have used their veto to protect Israel often and doubtless improperly, but it’s been the same with Russia and its satellites.
Yep. And we still don’t have a proper restorative handle on one of the most important components of these horrible equations: Dark Tetradism.
If the UN were anti-Israel, ( it’s the opposite) it would have slammed sanctions against and/or suspended Israel from the UN decades ago.
Well, how do you explain the statistic I just quoted? 17 anti-Israel motions and six for the entire rest of the world. You need special glasses to interpret that as pro-Israel. And it always worries me when people lash Israel and ignore everyone else. I think there might be something else going on.