"Ideological witch hunt"Government urged to denounce decision

ICC issues arrest warrants for Israeli leaders

AIJAC executive director Colin Rubenstein said the ICC "first stretched the bounds of procedure, then broke its own rules on process".

Israeli Prime Minister Benjamin Netanyahu (right) and former Defence Minister Yoav Gallant. Photo: Yonatan Sindel/Flash90
Israeli Prime Minister Benjamin Netanyahu (right) and former Defence Minister Yoav Gallant. Photo: Yonatan Sindel/Flash90

Foreign Minister Penny Wong has signalled that Australia would likely arrest Israeli Prime Minister Benjamin Netanyahu for alleged war crimes if he were to enter Australia.

It follows the International Criminal Court (ICC) issuing arrest warrants late last week for Netanyahu and former Israeli Defence Minister Yoav Gallant, a decision which has shocked Jewish and Israeli leaders.

It also issued a warrant for senior Hamas leader Mohammed Deif, who Israel says it killed in July.

Asked in Parliament on Monday by Shadow Attorney-General Senator Michaelia Cash if Australia would arrest Netanyahu, Wong said it was a hypothetical question.

“Australia will act consistently with our obligations under international law and our approach will be informed by international law, not by politics,” she said.

The Executive Council of Australian Jewry (ECAJ) passed a motion at its annual conference on Sunday condemning the arrest warrants, citing bias, lack of jurisdiction, and failure to address broader violations in other conflicts.

ECAJ co-CEO Alex Ryvchin said if Australia was a real friend to Israel, Wong would have repudiated the ICC warrant as the US had done.

“The Foreign Minister had an opportunity to demonstrate whether this government is supportive of Israel or hostile to it. The Foreign Minister made her choice,” he said.

In a speech at Central Shule on Monday night, prominent lawyer and national chair of the Australia/Israel & Jewish Affairs Council (AIJAC) Mark Leibler said, “Imagine the ICC issuing arrest warrants for Bin Laden alongside George W. Bush, and Barack Obama, treating them as equally responsible for 9/11. That’s exactly what the ICC did by equating Israel and Hamas.

“I call on relevant ministers and the Prime Minister to unequivocally condemn and renounce the politically corrupt actions of the ICC, thereby upholding Australia’s reputation as a courageous and honest broker that punches above its weight on the world stage,” Leibler said.

AIJAC executive director Colin Rubenstein said the ICC “first stretched the bounds of procedure, then broke its own rules on process”.

Calling it an “ideological witch hunt”, he said “all Western governments should be looking closely at why the ICC has chosen to break the rules when it comes to Israel”.

“Joe Biden and our opposition took the correct approach. It’s a great pity our government didn’t adopt a similarly principled stance,” he added.

The Zionist Federation of Australia (ZFA) labelled the ICC move a “shameless attack” that undermines justice.

ZFA president Jeremy Leibler described the ICC’s decision as “morally bankrupt”, arguing it targets the leaders of a democratic nation defending itself against terrorism.

“Equating Israel and Hamas only serves to legitimise the atrocities of October 7,” he said.

Alexander Downer, who was Australia’s Foreign Minister who negotiated our entry into the ICC, said the legislation contained a provision that the Attorney-General could refuse to arrest someone indicted by the ICC.

“It was a safeguard in case the ICC went rogue. So the AG could refuse to arrest [the] Israeli PM.”

ICC prosecutor Karim Kahn, who recommended the arrest warrants, is currently under investigation for sexual abuse.

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