In March 2024 over 100 lawyers signed a 92-page statement implicating Australian government ministers and opposition leader in complicity in the genocide in Gaza. This week WBT contacted the legal firm, Birchgrove Legal, asking what progress has been made in the International Criminal Court on this indictment. We have received the following update. I wonder what labor ‘true believers’ will think should Prime Minister Albanese be indicted on charges of complicity. – Ian Curr, 17 July 2024.
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ICC accepts evidence of Australian leaders’ complicity in genocide into formal Palestine investigation
A recent Article 15 Communication submitted by Birchgrove Legal to the International Criminal Court citing the complicity of Australian leadership in the plausible genocide in Gaza has been formally included in the official investigation.
In early March, Australian Prime Minister, Anthony Albanese was referred to the International Criminal Court as an accessory to genocide, making him the first leader of a Western nation to be referred to the ICC under Article 15 of the Rome Statute.
In personalised correspondence received this week, the Office of the Prosecutor – International Criminal Court (OTP-ICC) advised Birchgrove Legal that the 92-page document, which was endorsed by more than one hundred Australian lawyers and barristers, had been added to the evidence gathered as part of the ICC’s investigation into the Situation in the State of Palestine and transmitted to relevant staff members for further review.
The initial communication, which was headed by King’s Counsel Sheryn Omeri, also implicated other senior members of the Australian Parliament with direct reference to the actions and decisions of Foreign Minister, Penny Wong and the Leader of the Opposition, Peter Dutton.
Ms Omeri KC said the addition of the Birchgrove Legal communication by the OTP-ICC to the on-going investigation was a significant step towards holding those responsible to account and achieving justice.
“These cases demonstrate a growing desire on the part of Western civil society to ensure that their governments do not assist in the perpetration of international crimes,” Ms Omeri KC said.
“The International Court of Justice has already recognised the possibility of genocide in Gaza in the actions of Israel in response to the events of 7 October.
“As set out in the communication to the ICC, over the last 10 months Australian leadership has failed to attempt to dissuade their Israeli counterparts from committing war crimes in Gaza and, it appears, have continued to participate in the provision of fighter jet parts to Israel.
“The Article 15 communication specifically invites the Prosecutor to investigate Australia’s arms exportation to, and intelligence sharing with, Israel. The Australian government has been less than forthcoming with its citizens about these matters.
“This, coupled with the permanent displacement of more than 2.3 million Gazans, the deliberate starvation of the entire population and the arbitrary arrest, imprisonment and torture of doctors, nurses, civil service workers, as well as women and children make a compelling case of complicity in genocide.”
Principal solicitor at Birchgrove Legal, Moustafa Kheir, said the OTP invited Birchgrove Legal to make additional submissions to support the communication.
“Australian resources have supported grave atrocities across the Gaza strip. We have documented each of these and fully intend to add our evidence to the existing communication to further assist the Prosecutor,” Mr Kheir said.
“As lawyers, we consider that this communication tests the strength of international law to hold all leaders, including Western leaders, to account where national law fails. We will continue to do what we can within our remit to fight this gross injustice.”
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