A disturbing and insupportable trend
'Our government must make a stand if we are to save the UN as a meaningful organisation, defend free speech and strengthen our democracy'
The recent actions and comments by the government, touching on aspects of the war being waged against Israel and in support of the General Assembly Second Committee proposed resolution on the “permanent sovereignty” of the Palestinian people, have become a disturbing and insupportable trend.
It was inexcusable to have misrepresented the report from Air Chief Marshall Mark Binskin AC (ret’d) that the IDF had intentionally targeted WCK personnel. It is unconscionable and does great damage to the credibility of the laws of armed conflict to make false assertions about the legality of Israel’s efforts to defend itself against a multi-pronged, large-scale war of annihilation. It is important to note these key extracted comments by Binskin:
“Based on the information available to me, it is my assessment that the IDF strike on the WCK aid workers was not knowingly or deliberately directed against the WCK.
“(T)he IDF’s view of the material issues in respect of targeting law relevant to this incident – particularly precautions in attack, including identification criteria and classification of people in terms of liability to lethal targeting – are the same as the Australian Defence Force (ADF) would likewise be concerned with in such a situation. Similarly, the IDF’s view of the role of Rules of Engagement and Standard Operating Procedures in respect of where delegations to engage are held, also appears similar to that of the ADF. The IDF’s view on which targeting rules and control mechanisms are relevant and applicable to this incident is similar to what Australia’s would be in a like situation.”
Binskin in fact referred, as an example, to the Kunduz MSF Hospital incident in Afghanistan on 3 Oct 2015 when the hospital was destroyed and 42 people killed, as an example of unintentional operational mistakes and how they are dealt with.
Then there is the statement to the UN on 28 September where Foreign Minister Penny Wong made assertions giving the impression that Israel was deliberately targeting aid workers, that all casualties in Gaza were civilians, accepting Hamas statistics unequivocally, that the civilian casualties were violations of International Humanitarian Law, that Israel was not complying with ICJ orders to enable the provision of basic services and humanitarian assistance. All of this is both legally wrong and factually flawed.
It is appalling that this latest draft resolution has been supported, which we now learn was contrary to advice from our UN mission, took allies Canada and the US by surprise and was not cleared by Cabinet.
Had this been a statement supporting the goal of Palestinian statehood and encouraging a return to the negotiating table, that would have been understandable. The resolution doesn’t do this. It is effectively rewarding terrorism and aggression. The content is a rambling set of half-truths and distortions. It feeds the “Big Lie” that the reason there is no Palestinian State is all because of Israel, neglecting the myriad of opportunities since 1937 whereby this could already have been achieved, but for the rejection and obstinacy of Palestinian and neighbouring state leadership.
This also draws us to the question of the steady corrosion of the UN. The institution, and several of its mechanisms and agencies are losing ground because it reflects the lack of liberal democratic members. The International Institute for Democracy and Electoral Assistance notes that over the last five years 47 per cent of countries have experienced a decline in key democratic indicators.
In a detailed study by the Department of Political Science at the University of Gothenburg it was found that of 61 countries holding elections in 2023, 31 were witnessing a decline in democracy and 71 per cent of the global population (5.7 billion people) live in autocracies. Only 13 per cent live in liberal democracies.
UNRWA reflects how the malaise plays out. In addition to the direct role of UNRWA staff in Hamas and committing acts of terror, in a European Parliament (EP) statement, adopted on 11 April 2024 they highlighted the role UNRWA teaching materials, had played a role in radicalising Gazans prior to the October 7 onslaught.
The EP reaffirmed “in the context of the despicable terrorist attacks carried out by Hamas on 7 October 2023, that education to hatred [has] direct and dramatic consequences on the security of Israelis as well as on the perspectives of a better future for young Palestinians”. And yet the Australian government, unlike Switzerland, has resumed funding for UNRWA, claiming there is no alternative despite the presence of availability of the WFP, UNHCR and NGOs.
The role of oppressive regimes such as Iran, who hold human rights in contempt but nevertheless are permitted to fill positions on the UN Human Rights Council and escape the systematic obsession Israel faces, is notorious.
Unfortunately the International Criminal Court (ICC) has joined this pantheon of perversion in issuing arrest warrants for Israeli politicians, which are patently flawed as a matter of substance and which also defy the ICC’s jurisdictional “complementarity” test. The effect of this test relates to the fact that Israel has a functional and reputable justice system that is duly investigating any matters arising from the current war, thereby automatically precluding action by the ICC.
To compound all this the Australian government has further tarnished its efforts to promote social cohesion and defend democracy by refusing to issue a visa to former Israeli Justice Minister Ayelet Shaked, who was due to be here for a short visit for a strategic dialogue conference.
This is totally unjustified and seems to only be based on her position that the two state solution is no longer the best way forward. There are some on both sides of the divide who advocate this and I disagree with it, but the point is there is nothing in what she says that would justify denying her coming her to engage in open dialogue. All the government is achieving with this decision is to embolden the violent activists even more in the wake of the latest antisemitic incidents in Sydney to believe their tactics are working, and that even greater escalation will achieve greater results.
Our government must make a stand if we are to save the UN as a meaningful organisation, defend free speech and strengthen our democracy. It should vote against the UNGA resolution, make a seperate statement reaffirming Australia’s commitment to a negotiated two state outcome, urge Iran and its proxies to cease their war of aggression, call on the world to work together on delivering security for Israel and the reconstruction effort needed to bring relief and a peace dividend to the Palestinian people. It should also support the US condemnation of the ICC action and allow the Ayelet Shaked visit to proceed.
Mike Kelly is a former minister for defence materiel and the co-convenor of Labor Friends of Israel.
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