Clash after Israeli PM issued arrest warrant

The International Criminal Court called for the arrest of Israeli Prime Minister Benjamin Netanyahu. Picture: Ohad Zwigenberg/ POOL/ AFP
The International Criminal Court called for the arrest of Israeli Prime Minister Benjamin Netanyahu. Picture: Ohad Zwigenberg/ POOL/ AFP

The Coalition says the International Criminal Court did not have the jurisdiction to issue an arrest warrant for Israeli Prime Minister Benjamin Netanyahu for alleged war crimes committed amid the Gaza conflict.

Former Israeli defence chief Yoav Gallant and Hamas leader Mohammed Deif – who Israel claims to have killed in an air strike in July despite no confirmation from Hamas – were also issued with the unprecedented order.

However, Deputy Liberal leader Sussan Ley said the ICC did not have the jurisdiction to issue the arrest warrants, comments that mirrored those made by the US – one of Israel’s closest international allies.

“Australia agrees with the US that the ICC does not have jurisdiction over these matters. It’s a position that we all used to hold, it’s a position I expect the government to adhere to,” Ms Ley said.

“I know that Australians would be troubled today to see this targeting of a democratically elected leader who is trying to protect his country from terrorists.”

The International Criminal Court called for the arrest of Israeli Prime Minister Benjamin Netanyahu for alleged war crimes committed amid the ongoing Gaza conflict. Picture: Ohad Zwigenberg/ POOL/ AFP
The International Criminal Court called for the arrest of Israeli Prime Minister Benjamin Netanyahu for alleged war crimes committed amid the ongoing Gaza conflict. Picture: Ohad Zwigenberg/ POOL/ AFP

Although the ICC is not able to enforce the warrant, the court’s 124 member states (which includes Australia) are obliged to arrest an individual who has a warrant out against them.

Notably the US and Israel, as well as China, India, and Russia, are not members of the court.

Instead, Foreign Minister Penny Wong said Australia “respected the independence” of the ICC and it had an “important role in upholding international law”.

“We have been clear that all parties to the conflict must comply with international humanitarian law,” Senator Wong shared in a statement.

“Civilians must be protected. Hostages must be released. Rapid, safe and unimpeded humanitarian relief must reach civilians. Aid workers must be protected to enable their lifesaving work.”

Mr Netanyahu also lashed the ICC’s statement as “anti-Semitic”, with high-profile members of his government following suit.

“The anti-Semitic decision of the international court in The Hague is a modern Dreyfus trial, and it will end the same way,” he said.