Allegations, immunity, and a test of character |
Australia’s migration law allows entry to be refused on character grounds including genocide, war crimes and incitement. How that discretion is exercised speaks directly to Australia’s commitment to international law.
Section 501 the Migration Act gives the Minister for Home Affairs a discretion to refuse an application for a visa if the applicant does not satisfy the Minister that they pass the character test. A person does not pass the character test if, for instance, the Minister reasonably suspects that the person has been involved in conduct constituting the crime of genocide, a crime against humanity, a war crime, or a crime that is otherwise of serious international concern whether or not the person has been convicted of an offence constituted by the conduct.
Isaac Herzog, the President of Israel who has been officially invited to visit Australia next month, has made statements about Palestinians that the ICJ referred to and relied on in South Africa’s genocide case to find Israel’s intent to commit genocide. He has also been photographed signing a bomb to be dropped on Gaza. These specific instances alone seem to be sufficient to support an allegation that he has committed the offence of incitement to genocide which is proscribed under the Commonwealth Criminal Code, as well as being a grave offence under international law. Crimes like that fall to be investigated by the AFP.
One member of his proposed entourage is Major General (retired) Doron Almog, who was the subject of an arrest........