Arms in Palestine at the International Criminal Court

Proceedings at the ICC are governed by the Rome Statute, which outlines and defines a series of criminal acts that fall within the jurisdiction of the court. This submission has been made pursuant to Rome Statute Article 15, which empowers the OTP to initiate investigations on the basis of information received.  

The submission to the OTP cites Rome Statute Article 25, which outlines individual criminal responsibility. The communication states that the crimes committed by the members of the Australian Parliament are covered under Article 25(3)(c) and/or (d) of the Rome Statute.  

Article 25(3)(c) states that a person shall be held criminally responsible and liable for a crime within the ICC’s jurisdiction if they have “[facilitated] the commission of such a crime [by aiding, abetting or otherwise assisting] in its commission or its attempted commission, including [by] providing the means for its commission”.  

Article 25(3)(d) states that a person can be held criminally responsible if they have “in any other way [contributed] to the commission or attempted commission of such a crime by a group of persons acting with a common purpose”. 

The communication argues that the provision of political and military support in full knowledge of the intentions of the Israeli government and IDF to commit the “crime of genocide”, the named individuals’ refusal to support South Africa’s application to the ICJ, the expression of solidarity on behalf of the Australian nation with Israel, and the named individuals’ assertions of Israel’s ‘right to self-defence’ fall under the facilitation of the commission of genocide or its attempted commission under Rome Statute Article 25(3)(c). The communication also states that the Australian parliamentarians continued rhetorical, material and political support for Israel amounts to “positive action that has contributed to genocidal operations” under Rome Statute Article 25(3)(d). 

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

To get in touch with the claimants and their legal representatives, please see here.