“(I)f pressed on legality … our position is that it is for competent judicial bodies to determine whether crimes against humanity have been committed” – (DFAT, 2022, FOI release). What then are DFAT and Australia’s obligations following the finding by the International Court of Justice that Israel has established an apartheid system in the Occupied Palestinian Territories? (more…)
Paul Heywood-Smith
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The ICJ decision – where to from here?
The ICJ delivered its advisory opinion on 19 July regarding the legal consequences of Israel’s occupation of Palestinian territories. Readers are by now familiar with the basic rulings of the Court, not from mainstream media, I might add. The ICJ’s judgment has been reported, but its consequences, and particularly for Australia, have barely raised a comment. (more…)
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Failure of the International Courts: when will we hear their determinations?
Readers of P&I may recall my earlier papers on the International Criminal Court of Justice (ICJ), and the International Criminal Court (ICC), and their recent forays into the Middle East quagmire. Some may have thought that this is a positive development, perhaps humanity is enlisting international law which will finally bring some common sense to the issue. Some might now be querying whether this optimism was misplaced, and asking, “When am I going to hear something of the Courts’ determinations?”. (more…)
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Israel’s Moshe Feiglin repeats Hitler quote at AJA event
“I said on one of the Israeli channels… that he, Hitler, cannot live in the same world as long as one Jew still lives. This Islamo Nazism and the Jews cannot live together. Definitely, not in the same world, he [Hitler] said. But definitely not in the same country. That’s what I said. … And I said, from the river to the sea… it’s either you or me” – Israeli politician Moshe Feiglin at the Australian Jewish Association, June 19, 2024. (more…)
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The Jewish community raise their voice to call out extremists
The Jewish Council of Australia, according to reports by Al Jazeera, is deeply concerned that the Australian Jewish Association is promoting the far-right Israeli politician Moshe Feiglin as a speaker at an Australian Zoom event, apparently held on 19 June, notwithstanding that Feiglin has recently quoted Adolf Hitler in reference to the wiping out of Gaza’s population. (more…)
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Student protesters have done honour to themselves, and their University
For weeks encampment protests in universities have been occurring throughout Australia. Media coverage has to a significant extent been adverse, and undeservedly so. The public record suggests the protestors have been overwhelmingly well-behaved. And yet, Vice-Chancellors are said to have been pressed to stop the protests. There has even been conjecture that offending students might be disciplined in some way. Can we be assisted by history in this instance? (more…)
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What would James Crawford “Australia’s greatest international lawyer” say about Palestine today?
James Crawford has been described as “Probably Australia’s greatest international lawyer of all time” (SMH, 16 June 2021). James Crawford died on 31 May 2021. But perhaps he still has something to contribute to the major controversy facing today’s world: Palestine. (more…)
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“From the river to the sea”
“From the river to the sea, Palestine will be free” is a chant being used frequently today in rallies around the country in support of the Palestinian people, particularly in Gaza. More relevantly, for the purposes of this paper, the chant is being used in university campuses, where protestors are active, to the point of erecting tents, encampments, to accommodate themselves during the course of their protest. (more…)
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“Antisemitic hate crime”: US and Israel desperate to avoid ICC justice
Israel’s Prime Minister Netanyahu has labelled prospective action by the International Criminal Court to hold him accountable for the murder of 14,500 children in Gaza as “an unprecedented antisemitic hate crime”. (more…)
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Australian aid to Ukraine: False narratives and US hegemony
On Sunday 28 April, Defence Minister Richard Marles announced $100 million in military aid to Ukraine. It was said to raise Australia’s support to $1 billion in support of Ukraine’s attempt to counter “Russia’s illegal and immoral invasion”.
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“Considering” recognition of the State of Palestine
The recognition of the State of Palestine has been an issue for the current Labor government since it came to office. Readers are reminded of these articles: The ALP and the Israeli occupation of Palestine, 9 August 2022; Why did Australia oppose the ICJ advisory opinion on Israeli settlements?, 15 February 2023; Recognise Palestine Now!, 3 October 2023; and The 2025 Federal Election – what are we to do?, 30 January, 2024. (more…)
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A state of Palestine? Outrage as US backs perpetual occupation and oppression
Readers will recall my article of 16 April, The end of occupation: A state of Palestine at the UN. It advised of an anticipated vote in the Security Council on April 18. The Security Council was sitting in New York. Because of the time difference, that was early in the morning of 19 April in Australia. So, what happened? (more…)
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The end of occupation: A state of Palestine at the UN
UNSC approval of the application for Palestine to become a full UN member state this week would necessarily lead to the end of the occupation. One UN member state cannot occupy the land of another. In the present circumstances, a US veto of Palestinian statehood would make America look ridiculous. It would be seen as a puppet of the State of Israel, incapable of thinking for itself and doing considerable injury to US standing in world affairs. (more…)
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Dunstan by-election: Voters abandon Labor over stance on Gaza
The Federal government’s reaction to Israel’s conduct of the war in Gaza and treatment of Palestinians in the West Bank and East Jerusalem is a likely reason for the significant increase in the Green’s vote. (more…)
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International law and Israel’s occupation: Understanding the ICJ advisory opinion case
Between Monday 19 February and Monday 26 February the ICJ heard oral submissions on the request for an advisory opinion in respect of the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem. Make no mistake. This case is about as important as it gets. It raises the question of what does humanity mean, and where is the human race heading. (more…)
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Misrepresenting the ICJ and muzzling our press – the Empire strikes back
On 26 January, the World spoke to Israel and its supporters – on the issue of Gaza. The World spoke through the International Court of Justice (ICJ). There can be no doubt about that. A number of provisional orders were made. Israel, and its primary accomplice, the United States – hereinafter “the Empire” – did not like what the World said. The Empire has struck back. Let us consider what it has done. (more…)
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Israel and the weaponisation of antisemitism
As someone who has written in the past on the topic of antisemitism in this Journal – South Australia and antisemitism, July 12 2022, and Antisemitism and the IHRA definition, April 26 2023, I was moved to do so again following the piece published by the newly formed Jewish Council of Australia (the Council) on February 8, 2024: Jewish Council of Australia launches to provide expert voice on antisemitism and racism in Australia. (more…)
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South Africa seeks ICJ emergency order to halt genocide in Rafah
South Africa has made an urgent request for the International Court of Justice (ICJ) to issue emergency orders to prevent “large-scale killing, harm and destruction” from Israel’s imminent assault on Rafah. The ICJ, which is preparing to commence separate hearings on the legal status of Israeli occupation next week, has yet to respond. The world awaits the Hague’s response. (more…)
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The decision of the International Court of Justice
By way of introduction let me quote Richard Falk, noted international law professor and former UN Special Rapporteur on Human Rights in the Occupied Palestinian Territory. Falk: the decision by the ICJ “marks the greatest moment in the history of the [Court]”. (more…)
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The 2025 Federal Election – what are we to do?
For many of us a burning issue in our lives at this time is clearly what is happening in the Middle East – or more particularly Palestine. (more…)
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Ending Genocide: a mechanism for change
These last three months have made it apparent that there has to be a major change to what we know of as Israel/Palestine. But it has been coming for some time – perhaps since the enactment of Israel’s Basic Law of 2018 which conferred a right of self-determination exclusively on the Jewish people thereby asserting supremacy at the expense of the Palestinian people, they making up some 50% of the inhabitants of the land controlled by Israel. The offensiveness of the concept is beyond belief. It has led, directly, to an apartheid state. (more…)
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Israel and the Tour Down Under
The Israel-Premier Tech (PRT) team is clearly a vehicle for advancing Israel’s image, and, indeed, advancing favourable propaganda.
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‘Palestine’ – The name the Australian Jewish Association wants expunged
The AJA is seeking to suppress Palestinian identification with the country … for political purposes from an exhibition entitled Ramses and the Gold of the Pharoahs. (more…)
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Gaza cannot be a mere holding pen. A new ghetto
“Gaza can only succeed as an entity as part of a genuine Palestinian state. It cannot be allowed to be a mere holding pen, a new ghetto. The whole of the West Bank must be combined with Gaza as the Palestinian state. It must be a state with real sovereignty, with free and open borders with all neighbouring states, and with real security. Real security means freedom from incursions by Israel, whether by land, sea or air.” – Paul Heywood-Smith, 2004. (more…)
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Embracing Palestinian statehood
R. David Harden, a former senior adviser to President Barack Obama’s special envoy for Middle East peace, and Larry Garber, who served as the USAID mission director to the West Bank and Gaza have recently penned an article in the New York Times arguing that, to achieve peace and end the war on Gaza, ‘The U.S. Must Embrace Palestinian Statehood Now’. (more…)
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Australia has abandoned international law
Two months have passed since the events of October 7. Publicly, Australia has done nothing except perhaps indicate that it desires a two-state solution, and expects Israel to only take action which has regard to the need to protect civilians. Is this enough? The answer is no. (more…)
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As genocide unfolds, what can you do? Boycott. Divest. Sanction.
Israeli children sing, “We will annihilate everyone” in Gaza. The song was played on Israel’s national broadcaster Kan. This fact was exposed by the Electronic Intifada – Ali Abunimah – on 19 November. It pretty well says it all. So, what can you do about it? Well, one thing you might do is support BDS. (more…)
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Blood: The bitter harvest of breaching Resolution 2334
I have been troubled by the West’s media treatment of the October 7th military raid on Israel by the Palestinian people. Who is really responsible for the fact that the October 7 raid occurred? (more…)
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Gaza – What is the end game?
In recent weeks some frightening possibilities have come to the world’s attention. The Israeli newspaper Haaretz has noted plans, by some, for high density Jewish cities in the Gaza Strip. Such plans call for total destruction and mass expulsion in Gaza. (more…)
