Expert urges Australia to enforce legal obligations on Israel over Gaza and West Bank
International law scholar argues Canberra must cease defence trade, enforce ICC warrants and provide humanitarian places for Palestinian refugees following UN findings of war crimes and genocide.
Chris Sidoti has published an opinion piece in The Guardian arguing that Australia holds a legal obligation under international law to respond to grave violations committed by Israel in Gaza and the West Bank. The article, which references recent statements by Foreign Minister Penny Wong and former minister Ed Husic regarding unacceptable actions by Israeli soldiers, outlines 20 specific measures for the Australian government.
Sidoti, who has spent five years collecting evidence of violations of international law, cites a conclusion by the UN commission of inquiry that Israel’s conduct constitutes war crimes, crimes against humanity, and genocide. The piece notes that while attention has shifted to other conflicts, the situation in Gaza remains critical, with identified direct victims numbering almost 73,000 since October 2023 and indirect death estimates reaching into the hundreds of thousands.
The proposed measures, developed in lectures with Professors Emily Crawford and Ben Saul and organised by the Association for the Promotion of International Law and Amnesty International Australia, include ceasing all defence-related trade with Israel. This would encompass dual-use products, components, materials, and technology, as well as ending trade with companies developing military items for use by Israel.
Further recommendations involve withdrawing Australian defence and trade officials from the Tel Aviv embassy and imposing secondary sanctions on states conducting defence-related trade with Israel. Sidoti also calls for Australia to affirm its commitment to enforce International Criminal Court arrest warrants for Israeli political and military leaders, alongside imposing personal sanctions against those responsible for violence in the West Bank.
Legal enforcement actions proposed include investigating and prosecuting Australian citizens who served in the Israel Defence Forces since October 2023 for potential international crimes, and prohibiting Australian citizens from fighting in foreign armed forces. The article also suggests prohibiting financial transactions with illegal Israeli settlements and ending tax deductibility for Australian charities funding organisations supporting such settlements.
On humanitarian grounds, Sidoti proposes that Australia provide at least 15,000 places for Palestinian refugees from Gaza and restore scholarship eligibility for Palestinians to undertake tertiary studies in Australia. The piece references comments by Foreign Minister Penny Wong and former minister Ed Husic regarding unacceptable actions by Israeli soldiers.
Sidoti argues that international law, as interpreted by the International Court of Justice, imposes obligations on all states to act individually and collectively in response to these atrocities. He asserts that Australia’s distance or political limitations do not reduce these obligations, describing the proposed actions as the implementation of legal requirements rather than a wishlist.