Australian civil society submits statement on Gaza genocide to the International Court of Justice
In the absence of a response from the Australian government to the ICJ ruling, at least 81 groups representing civil society are observing with concern Australia’s failure to act to prevent genocide in Gaza
As a signatory to the Genocide Convention, Australia is obliged to prevent any action that further risks the survival of the Palestinian people and failure to do so risks complicity in genocide.
In the absence of a response from the Australian government to the ICJ ruling, at least 81 groups representing civil society are observing with concern Australia’s failure to act to prevent genocide in Gaza, and have made the following submission to the International Court of Justice.
International Court of Justice
Peace Palace
Carnegie Plein 2
2517 KJ The Hague
The Netherlands
27 February 2024
To whom it may concern,
On 26 January the ICJ identified in its interim response to South Africa’s submission, that genocide in Gaza is plausible.
As a signatory to the Genocide Convention, Australia is obliged to prevent any action that further risks the survival of the Palestinian people and failure to do so risks complicity in genocide.
In the absence of a response from the Australian government to the ICJ ruling, at least 81 groups representing civil society are observing with concern Australia’s failure to act to prevent genocide in Gaza.
These civil society groups include Australian Arab and Australian Jewish citizens.
They are concerned that by its inaction, the Australian government does not reflect their concerns. The organisations are named in the attached list.
With respect, we draw this evidence of civil society opinion in Australia to the International Court of Justice.
Margaret Reynolds AC,
former Senator,
President of Women’s International League of Peace and Freedom Australia
Dr Alison Broinowski AM
former diplomat
member of Australians for War Powers Reform
Mary Kostakidis
journalist
former SBS television presenter
The Australian Council for International Development open letter
The Hon Anthony Albanese MP
Prime Minister of Australia
Canberra, 2600
CC: Senator the Hon. Penny Wong
Minister for Foreign Affairs
Canberra, 2600
Dear Prime Minister Albanese and Minister Wong,
The undersigned Australian Council for International Development (ACFID) members write to you today to urge your public support for the decision made last week by the International Court of Justice (ICJ) to implement urgent provisional measures to limit harm to Palestinian civilians. We also urge the Australian Government to actively ensure its adherence to international law and uphold its own obligations under the Genocide Convention and the Arms Trade Treaty.
The ICJ decision adds further weight to the ongoing global calls for an immediate and permanent ceasefire. It is imperative that Australia adds its voice to ensure that the state of Israel and Hamas immediately end the war in Gaza so that critical recovery and reconstruction efforts can begin.
Minister Wong has previously stated:
“The International Court of Justice plays a critical role in upholding international law and the rules-based order.”
It is important that the Australian Government meets this moment with this same tone, as well as respect for the experience, neutrality and expertise of the Justices, including an Australian, who have made this decision. The people of Gaza in particular are desperate to access immediate and unconditional humanitarian assistance which this cessation of hostilities can provide for. It is essential that a cessation of hostilities guarantees the unconditional release of all hostages.
In over 100 days of war, the world has witnessed the death of over an estimated 26,000 Palestinians in Gaza, over 65,000 injured, 1.7 million internally displaced and the collapse of healthcare, education and welfare systems. Many more thousands of people are missing under rubble. Our members and their partners working on the ground tell us that they are already significantly impeded in their efforts to reach those who are vulnerable, hungry and without shelter due to the ongoing bombardments of the civilian population of the Occupied Palestinian Territories.
We welcome the $21.5 million of funding provided to Gaza, the West Bank and the region to date by the Australian Government. However, in addition, we ask the Australian Government to support the following measures:
- New and additional funding of $100 million of humanitarian assistance to Gaza and the West Bank, including a portion to Australian NGOs who are operational in these settings.
- Immediately end the transfer of any military goods to the state of Israel and provide transparency of the due diligence process for arms sales.
- Use its voice to amplify global calls for an immediate ceasefire in Gaza.
- Double the Humanitarian Emergency Fund to $300 million to accurately reflect the growing number and scale of disasters each year, in our immediate region and beyond.
The dire situation in Gaza will rapidly escalate without UNRWA’s critical support, with 2 million Palestinians facing starvation, imminent famine, and disease outbreak. UNRWA, one of the biggest employers in the Gaza strip with 13,000 staff, has terminated the contracts of several employees who were allegedly engaged in misconduct. One of the accused employees was confirmed dead and the other two are still under investigation. We urge you to be judicious and discriminate between allegations against a small number of individuals and the foreseeable impact of defunding UNRWA on millions of Palestinians reliant on their services, including children. Our concerns have been echoed by UN Human Rights Rapporteur, Ms Francesca Albanese, who stated that ‘defunding UNRWA based on those allegations is actually in contradiction to the ICJ ruling…’. As acknowledged by Minister Wong, UNRWA provides vital, lifesaving services in Gaza and if suspension of funding is not reversed immediately, we risk a complete cessation of already limited humanitarian assistance in Gaza.
We look forward to hearing back from you as to what actions the Australian Government intends to take to ensure that this ICJ decision is respected and upheld by all involved parties, and what steps Australia will take to ensure its own compliance with the Genocide Convention.
Your sincerely,
Susan Pascoe AM
President of The Australian Council for International Development
Co-signed by:
Action Aid Australia
Act for Peace
Adventist Development and Relief Agency Australia
Anglican Overseas Aid
Baptist World Aid
Caritas Australia
Good Return
Global Mission Partners
Oxfam Australia
Plan International Australia
WaterAid
Letter to Albanese Government from Women’s International League of Peace and Freedom Australia
Anthony Albanese
Prime Minister
Parliament House
Canberra ACT 2600
2 February 2024
Dear Prime Minister,
We are deeply disturbed by your government’s decision to suspend aid to the United Nations Relief and Works Agency (UNRWA) in Gaza after allegations about 12 of its 13,000 workers.
This decision amounts to “collective punishment” of already grossly deprived Palestinians and cannot be justified.
We are most concerned that the Australian Government continues to rate diplomatic friendship. ahead of its humanitarian obligations under the Genocide Convention.
The International Court of Justice has provided an interim ruling that the Government of Israel must act to prevent genocide with the court specifically identifying humanitarian support – “Enable and facilitate the provision of basic services and humanitarian assistance to the people of Gaza” as one of the measures the Government of Israel must report back to the court by 27 February.
Yet the Australian Government soon after announced its suspension of aid to Gaza. It would appear your government is more concerned about its relationships with Israel, the United States and other so called “like minded “countries than our nation’s traditional humanitarian values.
We understand the pressures in international diplomacy, but Australia, like New Zealand, Ireland and Finland, must assert its independence and rely on our long-term commitment to international law.
Please urgently restore aid to UNRWA and act to influence our allies who also have obligations under the Genocide Convention. A suspension of military aid to Israel is recommended as a basic start to mediating an end to this war.
Yours sincerely,
Margaret Reynolds
President
WILPF Australia
president@wilpf.org.au
