In response to a question at an ASEAN Summit press conference Australian Prime Minister, Albanese has labelled a communique to the International Criminal Court as ‘lacking credibility and misinformation’.

Albanese referred to joint statements he made with the Prime Ministers of Canada and New Zealand and said he didn’t think peaceful resolutions are advanced by “misinformation about what is occurring”.

He said Australia joined a majority in the UN to call for an immediate ceasefire.

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The Convention on the Prevention and Punishment of the Crime of Genocide establishes on State Parties the obligation to take measures to prevent and to punish the crime of genocide.

The communique alleges actions taken by Prime Minister, other Ministers and Members of Parliament breach obligations under the Convention and have asked the ICC Prosecutor to investigate, including:

  • Freezing $6 million in funding to the primary aid agency operating in Gaza – UNRWA – amid a humanitarian crisis based on unsubstantiated claims by Israel after the International Court of Justice had found it plausibly to be committing genocide in Gaza.
  • Providing military aid and approving defence exports to Israel, which could be used by the IDF in the course of the prima facie commission of genocide and crimes against humanity.
  • Ambiguously deploying an Australian military contingent to the region, where its location and exact role have not been disclosed.
  • Permitting Australians, either explicitly or implicitly, to travel to Israel to join the IDF and take part in its attacks on Gaza.
  • Providing unequivocal political support for Israel’s actions, as evidenced by the political statements of the PM and other members of Parliament, including the Leader of the Opposition.

On the 26th of January the International Court of Justice (ICJ) ruled against Israel in a case brought by South Africa, a plausible genocide is occurring in Gaza by the hands of Israel.

To prevent a genocide in Gaza occurring (or continuing) the ICJ ordered six provisional measures. The orders are binding on Israel.

All State entities that are signatories to the Genocide Convention are legally obligated to take all reasonable steps to prevent genocide and must not take actions that assist a genocide occurring.

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