Royal Commission doubles down on IHRA definition

Commissioner Virginia Bell has reaffirmed her commitment to using the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism, saying it “makes sense” to adopt the same definition as Australian governments if her recommendations are to be useful.

Opening the first block of public hearings into the Royal Commission on Antisemitism and Social Cohesion on Monday, Bell acknowledged criticism that the IHRA definition could be “weaponised” to suppress criticism of Israel, but said such criticisms proceed on a misconception.

“The examples of conduct under that working definition that may constitute antisemitism are just that, in every case, the question of whether the conduct is to be assessed as antisemitic is considered in its overall context,” Bell said.

“I expect the application of the IHRA definition will be fleshed out in the course of the evidence of witnesses in this first block of hearings, witnesses who have appropriate expertise.”

The two-week hearing block will focus on defining antisemitism, its historical and contemporary manifestations, lived experiences and metrics for assessing its prevalence in institutions and society.

Bell extended the deadline for public submissions to June 14 to maximise reach, saying it was “not too late” for members of the Jewish community to indicate their willingness to give evidence in later hearing blocks.

The Commission has received more than 5700 submissions as of April 30, an increase of almost 2000 in the previous week. More than 2700 were from NSW-based submitters and around 1700 from Victoria, correlating with Sydney and Melbourne being home to Australia’s largest Jewish communities. More than 4000 submitters identified as Jewish.

“I emphasise that no one making a submission will be pressured to give evidence if they don’t want to do that,” Bell said.

Bell said many witnesses had expressed fear that giving evidence would subject them to more hostile attention, and agreed any witness with security concerns could testify under a pseudonym. She issued a direction prohibiting publication of any information that might identify such witnesses, warning it was a criminal offence to contravene the order.

Counsel assisting Richard Lancaster told the hearing that antisemitism was “not a belief system” but “a virus” that mutates, describing it as one of society’s oldest hatreds.

“The Hamas attack on Israel on October 7, 2023 during which 1200 Israelis were murdered and 250 were taken hostage, marked a significant turning point for antisemitism in Australia,” Lancaster said.

He said the hearing would examine when antizionism becomes antisemitism, noting that for many Australian Jews, Zionism – the belief in the Jewish people’s right to self-determination in their ancestral homeland – is a core value.

“Current Australian political and social commentary undoubtedly displays many instances of very strongly expressed criticism of the polarising actions of Israel’s current government,” Lancaster said.

“We anticipate that the experts will assist in understanding the ways in which and the circumstances in which legitimate criticism of government action is to be distinguished from antisemitic attribution of collective fault to Jews generally, or to Zionists generally.”

Counsel assisting Zelie Heger said Executive Council of Australian Jewry (ECAJ) data showed a 316 per cent increase in antisemitic incidents in the year following October 7, 2023, with 2062 incidents recorded compared with 495 the previous year.

While the number decreased to 1654 in the following year, it remained much higher than the average of 342 incidents in the 10 years prior to October 7.

“These numbers are not exhaustive of all antisemitic incidents in the country,” Heger said.

Witnesses scheduled to appear in the first hearing block include Jillian Segal, Australia’s Special Envoy to Combat Antisemitism; Peter Wertheim, co-CEO of ECAJ; Jeremy Leibler, president of the Zionist Federation of Australia; and Julie Nathan from ECAJ, who compiles the annual antisemitism report.

Expert witnesses will include Dr Dave Rich, director of policy at the Community Security Trust in London, and Dr Daniel Allington, senior associate fellow at the Counter Extremism Group and reader in social analytics at King’s College London.

The Commission will also hear from Holocaust survivor Peter Halasz, rabbis, school principals, medical and aged care workers, and ordinary Jewish Australians about their lived experiences.

Heger said the Commission had received submissions describing incidents ranging from overt verbal attacks to “more flippant and casual and subtle antisemitism” deeply traumatic for the Jewish community.

Examples included a Jewish man wearing a kippah being called a “dirty Jew” and subjected to Nazi salutes in broad daylight on Oxford Street in Bondi Junction, and a school student telling a Jewish student on a public bus that “Hitler should have gassed them all”.

“One mother expressed her fear that her children are growing up in an environment where Jewish identity must be guarded, where visibility feels risky and where hatred is louder and more emboldened than ever,” Heger said.

Lancaster outlined future hearing blocks, with the second scheduled from May 25 to June 12 focusing on the circumstances surrounding the Bondi attack, including the conduct of intelligence and law enforcement agencies.

A third block will examine case studies of antisemitism in Australian society, with particular focus on social media and universities.

“The interim report recorded the warnings of intelligence and law enforcement agencies about the significant and continuing harm caused by the dissemination online of antisemitism and other forms of hateful speech and the radicalisation that it may generate,” Lancaster said.

Future blocks will also address security arrangements at synagogues, schools and events; improvements to guidance and training for government agencies; drivers of radicalisation and de-radicalisation mechanisms; and ways to advance social cohesion.

Two weeks of hearings are scheduled for Melbourne in mid-July.

The Executive Council of Australian Jewry, NSW Jewish Board of Deputies, Jewish Community Council of Victoria, Zionist Federation of Australia, National Council of Jewish Women Australia, Australia/Israel & Jewish Affairs Council and Dor Foundation have been granted leave to appear, with Bell saying she was satisfied these organisations represent the majority of Australian Jews.

Bell also granted limited leave to appear to the antizionist Jewish Council of Australia, to examine expert witnesses on the IHRA definition and the prevalence of antisemitic attitudes.

The Commonwealth and NSW were granted leave to observe without examining witnesses.