In recent discussions, Australian Foreign Minister Penny Wong condemned the actions of Israeli soldiers concerning the Gaza humanitarian flotilla, labeling them as “shocking and unacceptable.” Furthermore, she expressed dismay over the treatment of Australian women involved in the flotilla. Former Minister Ed Husic emphasized the necessity for the Australian government to take significant actions against Israel’s ongoing violations in the occupied Palestinian territories. Aligning with their views, it is imperative that Australia takes a stand on these pressing issues.
Ongoing Violations and Humanitarian Crisis
For the past five years, I have diligently gathered evidence of serious breaches of international law in Gaza and the West Bank. Since October 2023, my focus has intensified on Gaza, where the extent of civilian suffering has sparked considerable legal and ethical concerns. A UN commission of inquiry has established that Israel’s actions in Gaza amount to war crimes, crimes against humanity, and potentially genocide under international law. Despite a global spotlight on every other conflict, including the Israeli-American engagements with Iran, the humanitarian situation in Gaza continues to deteriorate, leading to a staggering death toll.
As of now, nearly 73,000 direct victims of violence have been documented in Gaza, with indirect fatalities possibly reaching hundreds of thousands. The devastation has left the region in ruins, with humanitarian access severely limited. Displacement, poverty, and insecurity remain rampant, contributing to alarming rates of malnutrition, especially among infants and young children. After gaining control of 53% of Gaza last October, Israel’s grasp has reportedly expanded to 60%, with intentions to increase that figure to 70%.
The West Bank Deterioration
While Gaza grapples with a severe crisis, issues in the West Bank have escalated as well. Instances of violence and forced displacement are on the rise, accompanied by an uptick in settler assaults and stringent restrictions on Palestinian daily life. Disturbing evidence of torture, mistreatment, and sexual violence in Israeli detention facilities continues to surface, highlighting the urgent need for global action.
International law mandates obligations for member states, including Australia, to respond to such atrocities through both individual and collective measures. Although Australia may seem distant with limited influence, its responsibilities under international law are unyielding. There are several practical actions the Australian government can implement to counter these violations, which I have detailed in a series of talks alongside Professors Emily Crawford and Ben Saul.
Proposed Actions for Australia
To begin, a comprehensive review should take place to identify how Australia’s relations with Israel may inadvertently support these international crimes. Diplomatic and trade measures should include an immediate cessation of defense-related commerce with Israel, encompassing dual-use items and technology, as well as withdrawing defense officials from the Australian embassy in Tel Aviv.
Furthermore, an emphasis on accountability is critical. Australia must affirm its commitment to enforcing international criminal court arrest warrants for Israeli leaders and impose sanctions on those implicated in violence in the West Bank. Additionally, legal actions could involve investigating Australian citizens involved in the Israel Defense Forces since October 2023 for potential war crimes, thereby ensuring that Australian laws are robustly applied to prevent international atrocities.
Other measures might encompass prohibiting financial transactions with illegal Israeli settlements and ceasing tax benefits for Australian charities funding such settlements. It is also crucial for Australia to increase humanitarian support, providing at least 15,000 places for Palestinian refugees escaping Gaza.
This isn’t merely theoretical; it is an essential manifestation of Australia’s legal obligations. If Australia genuinely aspires to be a responsible global citizen, taking these steps is not just advisable—it is necessary.