Ed Husic (Chifley, Australian Labor Party) Share this | Link to this | Hansard source

Let me state this clearly and unambiguously at the start of this contribution: Hamas is a terrorist organisation; what it did on 7 October 2023 was an abomination; Hamas should be held to account for its actions; and all Israelis taken hostage by Hamas must be released immediately. I also want to state clearly and unambiguously that innocent Palestinians should be protected; they should not be targeted by actions in Gaza. I made comments like this in this House back in October 2023, and I've expressed similarly repeatedly since the horrific events of October 7. Since then, I've stressed we should be conscious of the humanity of others. My stance has been utterly constant and steadfast, but it's gotten stronger and stronger as I've witnessed the suffering of the innocent and the starvation of kids. Starvation shouldn't be used as a weapon against civilians. Civilians, aid workers and journalists should be off limits. It's just wrong, and we can't turn away from that.

This has remained the case, even as the supporters of a foreign government here and abroad have consistently sought to deny, deflect or outright misrepresent my position and those who share my views about preserving and protecting innocent life. They do that because it's easier than confronting the morally challenging reality that 63,000 Palestinians have been killed as a result of the Netanyahu government actions since October 2023. Nearly 70 per cent of those killed are women and children, and there are more child amputees and orphans in Gaza per capita than anywhere else in the world.

I think it's important for the parliament to note that the ICJ, the International Court of Justice, believes it's plausible that the acts of the Netanyahu government could amount to genocide. The Convention on the Prevention and Punishment of the Crime of Genocide requires countries, including ours, to take steps to prevent genocide, not just punish it. The Netanyahu government is planning to seize and control entirely Gaza city. It's also mobilising recruits to join the IDF, and there's resistance to this from within Israel itself. In these circumstances, it's not unrealistic to expect that dual nationals from our country may be called to serve in the IDF. We should be sending a clear message—please don't join. Some dual nationals have already left Australia to join the IDF, prompting concerns in civil society. For example, three months ago, the Australian Centre for International Justice wrote to the Ministers for Foreign Affairs and Home Affairs, plus the AFP, asking that we send unambiguous public warnings about the legal implications of joining IDF actions in Gaza. The ACIJ emphasised it was troubled by statements from Netanyahu government officials highlighting an intent to pursue the systemic and widespread transfer and deportation of Gazans from territory in which they lawfully live. Why is that an issue? It's a crime against humanity, specifically the deportation or forcible transfer of population as defined in the Rome Statute of the International Criminal Court, and it's an offence under our own Criminal Code Act. We don't need Australians placed in a position where they witness, abet or participate in what will likely be deemed a genocide. I'm also concerned about the impact of trauma on those returning after witnessing what they would have seen in Gaza.

I note, in the Australian today, ANU professor Donald Rothwell stated:

Because it is such a high-level political crime, I would find it most unlikely … Individual soldiers who are members of the IDF could rarely be held responsible individually for genocide.

However, a counterweight to this position is the ACIJ view that any Australian participating in action in Gaza risks being held liable via what they state are a number of modes of liability, including as direct perpetrators, as well as aiding and abetting through the provision of logistical, material or operational support. Indeed, they highlight that the International Criminal Court Tribunal for the former Yugoslavia previously considered even lower ranking individual soldiers can potentially be held responsible for the crime against humanity of forcible transfer, notwithstanding any attempt at utilising superior orders defence.

I urge our government to send a clear statement surrounding the risks of participating in IDF actions in Gaza. I also urge our government to consider reforming our laws to prevent dual nationals joining a foreign force in cases where a body with the weight of the ICJ believes plausible genocide could be occurring in a part of the world where a foreign force is operating. Both of these steps are actions we can or begin to take right now. They're sensible, measured steps that will be welcomed by fair minded people who believe we should do everything we possibly can to end the tragedy we witnessed for far too long.