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March 2024 - Ongoing

Communication to the Office of the Prosecutor of the ICC


International Criminal Court


Armed Conflict in Palestine

Recipient State


Case Type




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This communication to the ICC, submitted in March 2024, calls for an investigation into the conduct of members of the Australian government and the Leader of the Opposition for crimes that fall within Article 25(3)(c) and/or (d) of the Rome Statute. The communication states that the members of the Australian parliament have “both failed to prevent or respond to the genocide committed by Israel against Palestinians in Gaza and been complicit in the carrying out of this genocide”.  

The communication states that since the escalation of violence in Israel and Palestine since 7 October 2023, “the Australian government and individual government Ministers and political figures, such as Prime Minister Anthony Albanese, Foreign Minister Penny Wong, Defence Minister Richard Marles, and Opposition Leader Peter Dutton, have provided explicit political, rhetorical, moral, military, and material support for Israel’s genocidal attack, despite their indisputable knowledge of the extent of the violent attacks”. The Australian government and individual members have further aggravated the “ongoing genocide in Palestine” by suspending its funding for vital aid and humanitarian support.  

The communication states that, under Rome Statute Article 17, the absence of domestic criminal investigations or prosecutions means that the Court should exercise its jurisdiction.

The communication to the OTP is under preliminary examination.

Case Details

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).


04 Mar 2024

Communication submitted to ICC.

Read the communication here

Case Documents


Communiqué to the Office of the Prosecutor of the International Criminal Court: Conduct of members of the Parliament of Australia, in relation to the situation in Gaza, Palestine

Read the document in full


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Statement of ICC Prosecutor Karim A.A. Khan KC: Applications for arrest warrants in the situation in the State of Palestine

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Law for Palestine Releases its Communication Submitted to the International Criminal Court: Genocide Perpetration in Gaza by Israeli War Cabinet Members

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Contact the Claimants

Concerned Australians instructed Birchgrove Legal, a law firm for non-profit organisations, to submit the communication.

If you would like to know more about this case, please get in touch with our primary contact, Moustafa Kheir (Birchgrove Legal) by email.