Communication to the Office of the Prosecutor of the ICC

The communication makes the following factual allegations against the members of the Australian Parliament: 

• Senior Australian politicians have, in their official and personal capacities, rhetorically and politically supported the Israeli government, while the latter has expressed “genocidal intent” towards Palestinians in Gaza through public comments and speeches made by Israeli officials at the highest political and military levels. The communication provides evidence of this allegation. 

• Australia has also provided several types of material support to Israel during the latter’s attack on Palestinians in Gaza.  

• The communication asks the OTP to investigate the Australian government’s exports of military-specific and dual-use goods to Israel, as the latter has not been forthcoming or transparent regarding military material sent to Israel.  

• Australia is a member of the F-35 aircraft global supply program. The F-35s are key for the bombings conducted in Gaza; bombs have “been dropped on civilians”. The Albanese government has also permitted the Israeli supplier Elbit to constrict turrets for the Australian Infantry Fighting Vehicle project. Elbit has been supplying the IDF for its attacks on Gaza. The Communication also cited the Dutch court’s decision on the export of F-35 parts from the Netherlands to Israel.  

• Australia has also dispatched a “significant contingent” of troops and two aircraft to the Middle East during Israel’s ongoing operations in Gaza. However, the Minister of Defence, Richard Marles, has not revealed where the contingent will be based or its exact role.  

• Australians have also been permitted by the Federal Government to travel to Israel to join the IDF in its operations in Gaza.  

• Australia also appears to have provided “not insignificant” intelligence assistance to Israel.  

• Australia has also supported Israel’s “genocidal intentions” in Gaza by suspending key humanitarian support to the United Nations Relief for Palestine Refugees in the Near East (UNRWA).