Australia is being urged to reconsider its support for the Israeli government after the top United Nations court ordered the country to take all measures to prevent genocide in Gaza.
Multiple Australian-based humanitarian organisations have welcomed the ruling, as the Greens call on the Albanese government to place sanctions on Israeli prime minister Benjamin Netanyahu and his cabinet, including financial sanctions and travel bans. The Greens have also urged the government to back South Africa’s case at the ICJ.
The court’s interim judgment stopped short of granting South Africa’s request to order an immediate ceasefire to the war. But the order to Israel to “take all measures within its power” to stop from killing Palestinians in contravention of the genocide convention, went further than many international law experts predicted and South Africa’s president, Cyril Ramaphosa, hailed the court’s ruling as a “decisive victory” for the international rule of law.
Attention has now turned to whether Israel will comply with the orders, and what pressure international governments will apply, given the ICJ rulings are binding, but it has no enforcement powers.
Without directly urging Israel to comply with the order, a spokesperson for foreign minister, Penny Wong, said on Saturday: “We note decisions of the ICJ are binding on the parties to a case.”
“Australia respects the independence of the International Court of Justice and the critical role it plays in upholding international law and the rules based order,” the spokesperson said.
“Australia’s position has been clear and consistent throughout this crisis. We have consistently urged all parties to the conflict to respect international humanitarian law, advocated for humanitarian access, and called for civilians to be protected and hostages released.”
The leader of the Australian Greens, Adam Bandt, said the ruling obligates the Australian and international governments to act.
“The implications of the ICJ’s landmark ruling are clear: the invasion of Gaza must stop, the occupation of Palestine must end and the serious risk of genocide must be prevented,” he said.
“Labor must stop backing the invasion and pressure the Israeli government to end the invasion and end the occupation.”
On Saturday, prime minister Anthony Albanese was asked about the Greens calls to formally intervene at the ICJ on behalf of South Africa’s case and commit to sanctions.
He said the government’s foreign policy was set according to Australia’s national interests and the statement Australia put out in December with Canada and New Zealand, which supported international efforts towards a sustainable ceasefire in the Gaza Strip, was the “appropriate response.”
“That was an appropriate position, one that recognised the terrorist actions of Hamas on October 7th, went on to say that we value every innocent life and that we need to protect every innocent life, whether that be Israeli or Palestinian,” he said.
The court has ruled Israel take action to prevent acts of genocide, including by its own forces, prevent and punish incitement to commit genocide, and take measures to improve the humanitarian situation in Gaza.
The ruling is not the final word from the court on whether Israel’s actions amount to genocide, this will be determined at a later date. But the ruling, following South Africa’s application for special measures, provides a strong indication that the judges believe there is a credible risk to Palestinians under the 1948 genocide convention, enacted after the mass murder of Jews in the Nazi Holocaust.
Australian Centre for International Justice executive director, Rawan Arraf, told 2GB the federal government could reassess its ties to Israel in light of the ICJ ruling.
“Australia also has legal obligations as a state party to the genocide convention and that means it really needs to review all of its economic, political and military ties with the state of Israel,” she said.
The Australian Council For International Development urged the government to amplify calls for an immediate and permanent ceasefire in the region.
“In more than 100 days of war, the world has witnessed the death of over 25,000 Palestinians in Gaza and 65,000 injured, as well as 1.7 million internally displaced, and the collapse of healthcare, education and welfare systems,” chief executive Marc Purcell said. “The humanitarian situation in Gaza is beyond dire.”
Alex Ryvchin, co-chief executive officer of the Executive Council of Australian Jewry, said the ruling would not impede Israel’s campaign to rescue hostages and “destroy Hamas”, but said it had, in part, served “Hamas’ propaganda”.
“The fact that Hamas has welcomed the ruling shows at whose behest and for whose benefit these proceedings were brought,” he said.
Israeli officials have accused the international court of justice of antisemitic bias and expressed dismay that a South African case alleging that the war in Gaza amounts to genocide was not thrown out altogether.
After Friday’s interim rulings, Netanyahu said his country was committed to international law but added: “The mere claim that Israel is committing genocide against Palestinians is not only false, it’s outrageous, and the willingness of the court to even discuss this is a disgrace that will not be erased for generations.”
Meanwhile South Africa’s foreign minister, Naledi Pandor, said: “Israel has very powerful friends who I hope will advise Israel that they should act.”
The Palestinian foreign minister, Riyad al-Maliki, called the court’s ruling a decision “in favour of humanity and international law”.
However, there was disappointment among Palestinian supporters that the court did not go further and meet South Africa’s demands to order Israel to stop its assault on Gaza, as the Hamas-run Gaza health ministry reports at least 26,083 people have been killed and 64,487 have been injured in Israeli strikes on Gaza since 7 October.
The UN secretary general, António Guterres, has said he hopes Israel will comply with the international court of justice’s ruling.
