An Australian family of three has left war-torn Gaza through the Rafah crossing as the government continues efforts to help its citizens flee.
In a post on X, formerly known as Twitter, Foreign Minister Penny Wong said the family left overnight and was receiving support in Egypt.
Her department has so far helped 28 people leave the region but at least 76 more remain as the government continues advocate for the safe passage of foreign nationals from Gaza.
But legal experts say Australia is failing civilians if the government does not fulfil its legal obligations to prevent genocide.
In a letter addressed to Prime Minister Anthony Albanese, the foreign minister, Defence Minister Richard Marles and Attorney-General Mark Dreyfus, hundreds of legal professionals and academics have urged the government to uphold international law by helping to secure a ceasefire.
"The well-accepted limits of international law, human rights law and the law of armed conflict have been exceeded," the letter says.
Israel's ground forces have encircled Gaza City after stepping up a bombing campaign aimed at "annihilating Hamas" after the group, considered a terrorist organisation by the Australian government, killed 1400 people and took more than 240 hostages in an attack a month ago in southern Israel.
More than 10,000 Palestinians have since been killed after Israel cut off power, food and water to the territory while unleashing a bombing campaign that has hit hospitals, refugee camps, ambulances and schools.
"Hamas's war crimes cannot be justified by reference to prior war crimes by Israel; neither do they justify further such crimes by Israel in its response," the lawyers' letter said.
Regardless, international humanitarian law is not being upheld as it requires parties to distinguish between civilians and combatants and take all feasible action to spare innocent people - which is especially necessary in the densely populated Gaza Strip, where a population more than five times that of the Australian capital live in an area half the size of Canberra.
As a signatory of the Geneva Conventions and the Rome Statute, Australia must not violate international humanitarian law nor encourage its violation by others and has a duty to bring any breaches by other parties to the International Criminal Court
Any Australian nationals responsible for aiding, committing, abetting or facilitating international crimes are liable for prosecution, the letter said.
Senior politicians have maintained Israel's "right to defend itself" and while there is a general recognition of Palestinian and Israeli deaths, none have called for a ceasefire.
Instead, Senator Wong has asked for a "humanitarian pause" to allow aid into the region.
Rawan Arraf, the principal lawyer for the Australian Centre for International Justice, says Australia is flaunting its international obligations and the people of Gaza are paying the price.
"We cannot allow Israel to commit such grave violations without censure," she said.
The letter has also called on the federal government to provide humanitarian assistance to Gaza, advocate for an end to Israel's occupation of Palestine and stop defence exports to Tel Aviv.
"Palestinians are being dehumanised and killed on an almost unimaginable scale and Australia has a responsibility to act in defence of human rights and international law and end the double standards it applies to Palestinians," Ms Arraf said.
