The foreign affairs minister, Penny Wong, says a “reckless” threat by the opposition leader, Peter Dutton, to cut ties with the international criminal court will make it harder for Australia to insist that China follow international law.
Wong took aim at Dutton during a Senate estimates committee hearing on Monday, while also accusing the Greens of “participating in protests which have become violent and aggressive”.
Defending the Albanese government’s response to the Israel-Gaza war amid criticism from the Coalition and the Greens, Wong said Labor was pressing for peace “in a way that holds the Australian community together”.
Citing “horrific” levels of “death and destruction” in Rafah in southern Gaza, Wong said: “We reiterate to the Netanyahu government: this cannot continue.”
She welcomed the new ceasefire-and-hostage-release proposal announced by the US president, Joe Biden, and urged Israel and Hamas “to agree to its terms”.
Wong made a broader point that Australia must show consistency on “upholding international law, whether it be the law of the sea or humanitarian law”.
“We do nothing to help make it happen by recklessly threatening to pull out of the bodies that uphold international law,” Wong told the committee.
“That kind of talk may seem tough to some, but it undermines Australia’s core security interests.”
Dutton has said Australia must “put pressure on the ICC” not to proceed with the pursuit of Israeli leaders, and said last month he was “very open” to cutting ties with the ICC.
Wong said Australia “cannot insist that China abide by international legal decisions in the South China Sea, but threaten to pull out of the international criminal court”.
“We do nothing to shape the kind of region Australia needs by picking fights, blowing up relationships or beating the drums of war,” Wong said.
The Australian government has repeatedly urged China to adhere to a 2016 ruling by an international tribunal that largely backed the Philippines regarding Beijing’s expansive claims in the South China Sea.
China is not a member of the ICC, but it has ratified the UN convention on the law of the sea. It never accepted the 2016 ruling.
Dutton has condemned as “terrible” a decision by the ICC’s chief prosecutor, Karim Khan KC, to seek arrest warrants for the Israeli prime minister, Benjamin Netanyahu, and the Israeli defence minister, Yoav Gallant.
Khan said he had “reasonable grounds to believe” Netanyahu and Gallant were responsible for alleged war crimes and crimes against humanity, including “starvation of civilians as a method of warfare”.
The Israeli government has rejected the allegations, arguing the move amounted to an attempt to deny the country’s right of self-defence to the Hamas attacks of 7 October.
Khan is also seeking the arrest of three Hamas leaders.
Wong’s comments build on a speech by the deputy prime minister, Richard Marles, stressing the importance of the global rules-based order.
“If that order is to apply anywhere it needs to apply everywhere,” Marles told the Shangri-La Dialogue in Singapore.
The Department of Foreign Affairs and Trade declined on Monday to provide “legal advice or assessments” on Israel’s compliance with international law.
The Greens senator Jordon Steele-John told the Senate committee: “So 35,000-plus people dead, horrific, horrific crimes – clear for the entire world to see – and the Australian government is not able to answer the question whether the state of Israel has acted in compliance with international law since its invasion of Gaza?”
Wong accused Steele-John of deploying such rhetoric for social media purposes. She said the ICC and the international court of justice were “the appropriate tribunals to make the findings that you now assert”.
Steele-John accused the Australian government of having “such a breathtaking double standard” given that it was “so happy to place sanctions” on other countries.
Under the protection of parliamentary privilege, Wong accused the Greens of “participating in protests which have become violent and aggressive”.
“If you think you are for the cause of peace, maybe you should start practising it in this country.”
The Australian Greens later issued a statement saying the party supported “peaceful protest” and the minister’s statements were “not correct”.
“The protest at an MP’s event Senator Wong refers to was not addressed by a Greens MP – a former Greens candidate spoke,” the Greens said in a statement.
“As long as Labor fails to take action against the State of Israel to stop the invasion of Gaza and the occupation of Palestine, including sanctions, the community will continue to be concerned.”
The Coalition challenged the government to explain supporting a UN general assembly resolution that included a clause saying the state of Palestine was qualified for full UN membership.
Wong said the world was “confronted with a catastrophic set of circumstances in Gaza”, and Australia “as a decent international player needs to play our part” in progressing a two-state solution.
