Anthony Albanese has suggested court cases will not help achieve peace between Israel and Palestine, declaring that the Australian government won’t participate in International court of justice (ICJ) proceedings initiated by South Africa.
The Australian government declined last week to state a position on the accusations of genocide levelled against Israel stemming from its bombardment of Gaza, but the prime minister went further on Monday by making clear his government would not intervene in the case either.
“We obviously are not a participant in the process [and] don’t intend to be a participant in the process,” he told ABC Radio Melbourne when asked about the ICJ proceedings.
As the foreign affairs minister, Penny Wong, sets off on a trip to the Middle East, Albanese said the Australian government would instead focus on “a political solution” based on “a pathway to security and peace and prosperity in the region”.
“That’s the main game – not any court case, not anything else. That is the main game that we need to work on - that durable peace that has been absent for far too long.”
Albanese’s signal is in contrast with how his government handled the dispute between Russia and Ukraine over alleged breaches of the genocide convention.
In that case, Australia intervened in the ICJ proceedings to offer its interpretation on aspects of the genocide convention and to argue the court had jurisdiction.
“Australia submits these written observations as part of its continued commitment to protecting and promoting the rules-based international order and the peaceful settlement of disputes, in which the Court plays a vital role,” the government said in its filing to the ICJ dated 5 July 2023.
On Monday, more than 150 pro-Palestine protesters rallied outside the US and Israeli embassies after joining a “convoy to Canberra” from cities including Sydney and Melbourne. They chanted “ceasefire now” and applauded South Africa for bringing the ICJ case against Israel.
Some of the demonstrators held signs bearing a 1997 quote from the late South African president Nelson Mandela that “our freedom is incomplete without the freedom of the Palestinians”.
A member of the Palestine Action Group Canberra, Diana Abdel-Rahman OAM, told the crowd gathered outside the Israeli embassy in Canberra that some politicians and media would likely change their tune after an ICJ ruling.
“Once it comes out they will all suddenly say we are supporting Palestine. But for 100 days they have been in a coma,” she said.
“Come election time, remember who was on the right side of history. Remember those politicians who have the backbone to stand up and speak for Palestine and remember the politicians who sat cowardly and never said a word.”
Abdel-Rahman said Wong’s media release on Monday – which included comments expressing support for “Palestinians’ right to self-determination” – came “three months too late”.
The pro-Palestine event included speeches from two Jewish Australians, including a woman from Melbourne who covered her face and said: “I’m standing here anonymous but I reject the right to stay quiet for my comfort. It is an ethical imperative to act when I know I can make a difference in the face of genocide.”
The genocide convention, adopted in the wake of the Holocaust, prohibits acts “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such”.
The Israeli government has rejected South Africa’s allegations, arguing the ICJ case reflected “an upside down world, in which the State of Israel is accused of genocide at a time when it is fighting genocide”.
The US and Germany have also rejected the substance of the complaint, but it is possible the ICJ will issue “provisional measures” in the coming weeks before considering the substantive case over the longer term.
In a defiant speech marking 100 days since the conflict erupted after Hamas’s cross-border attack on Israel, Netanyahu vowed to pursue “total victory”. He signalled that his government would ignore any preliminary measures from the ICJ.
“No one will stop us, not The Hague, not the axis of evil and not anyone else,” he said.
Wong is due to arrive in Jordan on Tuesday before travelling to Israel, where she plans to meet with survivors of the 7 October Hamas attack and relatives of Israeli hostages held in Gaza.
The minister will also travel to the Occupied Palestinian Territories and meet with communities affected by Israeli settler violence, followed by a visit to the United Arab Emirates.
The Zionist Federation of Australia criticised Wong for not visiting communities in southern Israel where Hamas carried out its 7 October attacks.
“A visit to Ground Zero of the worst antisemitic attack since the Holocaust would have been an important show of solidarity with Israel and Jewish Australians,” the ZFA president, Jeremy Leibler, said on Monday.
