Above photo: Thorpe and Regev. Cathy Vogan.
Australian prosecutors dropped the case for “advocating genocide” against Israeli official Mark Regev.
The plaintiff says the matter will now be sent to the International Criminal Court in The Hague.
The charge of “advocating genocide” against Australian Mark Regev, a former Israeli ambassador to Britain and spokesman for Prime Minister Benjamin Netanyahu, will head to the International Criminal Court after Australia’s prosecution service dropped the case following a diplomatic note from Israel.
The charge against Regev was brought initially in a private prosecution by Uncle Robbie Thorpe, an indigenous Krautungalung Elder and human rights advocate.
Thorpe charged Regev with aligning himself as a government spokesman with statements made by Netanyahu and former Defense Minister Yoav Gallant, which the U.N. special rapporteur for the Palestinian occupied territories called genocidal.
Regev made the statements in an interview with the Australian public broadcaster ABC, which, Thorpe argues, violated s.80.2D of the Australian criminal code (1995) for “advocating genocide,” which carries a maximum sentence of seven years in prison.
Addressing supporters outside the Melbourne courthouse at the case’s first hearing on Oct. 9, Thorpe told supporters: “I find it offensive that this country that committed genocide against us is now allowing our country to be used as a base to advocate genocide against Palestinian people.”
Regev’s attorney told the magistrate’s court on Oct. 9 that Israel had sent a formal diplomatic note to the Australian Government and had contacted the Commonwealth Director of Public Prosecutions seeking to get the case quashed on the grounds of diplomatic immunity.
Regev, however, lost his immunity when he left his post in Britain. He never had immunity in Australia, his home country.
On Tuesday in Melbourne a magistrate told the court that the Australian prosecution service had taken over Thorpe’s private prosecution and decided to drop the case. The magistrate told Thorpe his next step could be to go to a higher court.
Taylor, told Consortium News near the courthouse afterward that Thorpe would take the case to the Australian High Court and the ICC in The Hague, which has already issued arrest warrants for Netanyahu and Gallant.
Before a case can be submitted to the ICC the national court of the defendant must be given an opportunity to try the case first. Taylor called Regev an “architect of genocide.” He also said the magistrate could have resigned rather than accept the government prosecutors’ decision.
Also in The Hague, the International Court of Justice is trying the state of Israel on genocide charges brought by South Africa.