Above photo: Palestine supporters await the rulings of the ICJ. Image dw.com.
Is Anthony Albanese’s government guilty of aiding and abetting Israel’s genocide in Gaza?
If the ICC finds him guilty, Australia’s PM could face criminal proceedings.
The evidence of complicity by Australia’s Prime Minister Anthony Albanese and senior parliamentarians has been accepted into the ongoing International Criminal Court (ICC) investigation into the Situation in the State of Palestine.
The ‘Article 15 Communication’ submitted by Birchgrove Legal in March this year named Prime Minister Albanese as an accessory to genocide, making him the first leader of a Western nation to be referred to the ICC under the Rome Statute.
In personalised correspondence received this week, the Office of the Prosecutor – International Criminal Court (OTP-ICC) advised Birchgrove Legal that the 92-page document, which was endorsed by more than one hundred Australian lawyers and barristers, had been “added to the evidence gathered and transmitted to relevant staff members for further review.”
The initial communication, headed by King’s Counsel Sheryn Omeri, also implicated other senior members of the Australian Parliament with direct reference to the actions and decisions of Foreign Minister, Penny Wong and the Leader of the Opposition, Peter Dutton.
These actions include:
- Freezing $6 million in funding to the primary aid agency operating in Gaza – UNRWA – amid a humanitarian crisis based on unsubstantiated claims by Israel after the International Court of Justice had found it plausibly to be committing genocide in Gaza.
- Providing military aid and approving defence exports to Israel, which could be used by the IDF in the course of the prima facie commission of genocide and crimes against humanity.
- Ambiguously deploying an Australian military contingent to the region, where its location and exact role have not been disclosed.
- Permitting Australians, either explicitly or implicitly, to travel to Israel to join the IDF and take part in its attacks on Gaza.
- Providing unequivocal political support for Israel’s actions, as evidenced by the political statements of the PM and other members of Parliament, including the Leader of the Opposition.
Ms Omeri KC said the OTP-ICC’s addition of the Birchgrove Legal communication to the ongoing investigation was a significant step towards holding those responsible accountable and achieving justice, stating that:
These cases demonstrate a growing desire on the part of Western civil society to ensure that their governments do not assist in the perpetration of international crimes.
ICJ Genocide Case Ongoing
The International Court of Justice has already recognised the possibility of genocide in Gaza in the actions of Israel in response to the events of 7 October.
As set out in the communication to the ICC, over the last 10 months, Australian leadership has failed to attempt to dissuade their Israeli counterparts from committing war crimes in Gaza and, it appears, have continued to participate in the provision of fighter jet parts to Israel.
The Article 15 communication specifically invites the Prosecutor to investigate Australia’s arms exportation to, and intelligence sharing with, Israel. The Australian government has been less than forthcoming with its citizens about these matters.
This, coupled with the permanent displacement of more than 2.3 million Gazans, the deliberate starvation of the entire population and the arbitrary arrest, imprisonment and torture of doctors, nurses, civil service workers, as well as women and children, make a compelling case of complicity in genocide.
– King’s Counsel Sheryn Omeri
Minister Penny Wong has maintained her government’s position in calling for a ceasefire.