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Australia Debates ICC’s Quest for Israel and Hamas Arrest Warrants


Multiple politicians assert that there is no equivalence between Israel and Hamas.

A row has ensued among Australian politicians regarding the International Criminal Court (ICC) seeking arrest warrants for Israeli and Hamas leaders.

Despite the ICC’s arrest bid, Coalition politicians, including Foreign Minister Simon Birmingham and former Prime Ministers Tony Abbott and Scott Morrison, emphasize that there can be no equivalence between Israel and Hamas.

Prime Minister Anthony Albanese argues that it was the Howard government, not him, who initially signed Australia up to the ICC.

“So, it’s up to them, I think, to explain those decisions at that time,” Mr. Albanese stated on May 23.

The prime minister further clarified the government’s stance on the terrorist actions of Hamas on Oct. 7, reiterating the lack of equivalence between a terrorist organization like Hamas and Israel.

“There is no equivalence between a terrorist organization like Hamas; we support the continuous classification of Hamas as a terrorist organization,” Mr. Albanese reaffirmed during a doorstop interview. 

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Australia, as one of the 124 signatories to the Rome Statute that established the ICC, has a general obligation to cooperate with the court’s investigations, according to the government. 

ICC’s chief prosecutor Karim Khan is seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Israeli Defense Minister Yoav Gallant for alleged “war crimes against humanity” in the Gaza strip.

Additionally, Mr. Khan has filed arrest warrant applications against Hamas leaders Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri, and Ismail Haniyeh.

U.S. President Joe Biden and others have criticized this move, with Mr. Biden calling it “outrageous.”

Israeli Prime Minister Benjamin Netanyahu has been invited to address a joint session of Congress amid the Israel-Hamas war.

Albanese Maintains Call For Two State Solution

Mr. Albanese reiterated the government’s resolution that opposed Oct. 7 and called for the release of hostages and cessation of attacks on Israel.

“We also called for the application of international humanitarian law and a humanitarian ceasefire, as well as the progress towards a two-state solution for peace and security for both Israelis and Palestinians,” Mr. Albanese emphasized.

Shadow Foreign Minister Simon Birmingham urged the prime minister to clarify his stance on the ICC.

Responding to Mr. Albanese’s remarks on the Howard government, Mr. Birmingham questioned if Mr. Albanese believes it was a mistake for Australia to join the ICC.

“If he is defending the ICC action and suggesting his government would arrest Benjamin Netanyahu or others if they came to Australia, he should state so,” Mr. Birmingham emphasized, asserting the absence of moral equivalence between Hamas and Israel.

“The ICC’s portrayal of moral equivalence has brought significant shame to the organization,” he added.

Morrison Weighs In

Mr. Morrison criticized the ICC for putting nations like Australia in a difficult position.

“Any denial of the moral equivalence between Israel and Hamas due to the ICC’s actions is at best a willful blindness,” Mr. Morrison stated.

The ongoing discussion occurs amidst the Middle East conflict, triggered when Hamas attacked Israel on Oct. 7, resulting in many casualties and hostages. The Ministry of Health reports a high death toll in Gaza since then.

What is the ICC Trying to Do?

The International Criminal Court is seeking to prosecute Israel and Hamas for alleged war crimes.

In a May 20 statement, ICC prosecutor Mr. Khan accused Mr. Netanyahu and Mr. Gallant of war crimes against civilians, while alleging Hamas leaders of various war crimes.

Abbott Believes Labor Prioritising Western Sydney Seats

Mr. Abbott expressed concern that some politicians are prioritizing sectarian politics over national interests.

“It’s disappointing that some leaders refuse to acknowledge the significant moral differences between Israel and Hamas,” Mr. Abbott commented on Sky News.

When asked if Mr. Abbott thinks the prime minister is seeking Muslim votes in Western Sydney, he suggested this might be the case.

Opposition leader Peter Dutton called the ICC’s actions anti-Semitic and urged a reversal of their decision.

However, Labor Minister Ed Husic criticized this labeling, highlighting the losses in Gaza and expressing concern over Israeli actions in the conflict.

The Rome Statute, establishing the ICC, was adopted on July 17, 1998, and Australia signed the statute on Dec. 9, 1998 after the re-election of Mr. Howard.



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