Newly declassified documents reveal how early and how much Australia knew of Israel’s genocide in Gaza after 7 October – and how it is failing to uphold its international obligations.

Australia has a duty, under Article 1 of the Genocide Convention, to “undertake to prevent and punish” the crime of genocide, and to “employ all means reasonably available to them, so as to prevent genocide so far as possible.”

The ‘Israel Country Brief’ published by the Department of Foreign Affairs and Trade (DFAT) confirms that ‘Australia and Israel share a close relationship with significant people-to-people links and broad commercial engagement. Australia established diplomatic relations with Israel in 1949.’

The International Court of Justice (ICJ), in the case of Bosnia and Herzegovina v. Serbia and Montenegro, determined that a key factor in determining what a state must do is its “capacity to influence effectively the actions of persons likely to commit, or already committing genocide.”

The fact that during Israeli Prime Minister Benjamin Netanyahu’s visit to Australia in 2017, he said, “…We have an extraordinary friendship, it’s based on values. When I colour the map, I colour Australia in the same colour as the United States…” is a demonstration of the depth of Australia’s links to, and the strength of its capacity to influence, Israel and highlights Australia’s obligation to try to prevent the commission of genocide.

Knowledge of possible genocide

The ICJ, in the case of Bosnia and Herzegovina v Serbia and Montenegro, held that the obligation to prevent genocide arises “at the instant that the State learns of, or should normally have learned of, the existence of a serious risk that genocide will be committed.”

DFAT documents obtained under Freedom of Information by Declassified Australia [LEX 10306] include an email from the Assistant Director, International Law and Security Section/Legal Division dated 3 November 2023 headed ‘UN experts allegations of genocide, partners’ responsibilities’.

The email relates to the 2 November 2023 UN Special Rapporteur’s press release “Gaza is ‘running out of time’ UN experts warn, demanding a ceasefire to prevent genocide”.

The DFAT Legal Division’s email references the press release in stating:

‘We note the UN has published the following statement overnight – Gaza is running out of time’ UN experts warn, demanding a ceasefire to prevent genocide. (s47E(d), s47C…but please let us know if there’s anything further that we can assist with.

Key extracts are as follows: “We remain convinced that the Palestinian people are at grave risk of genocide”, the experts said. “The time for action is now. Israel’s allies also bear responsibility and must act now to prevent its disastrous course of action”, they said.

The experts expressed “deepening horror” about Israeli airstrikes against the Jabalia refugee camp in northern Gaza since Tuesday (31 Oct) night, which have repeatedly killed and injured hundreds of Palestinians calling it a brazen breach of international law.

“The Israeli airstrike on a residential complex in the Jabalia refugee camp is a brazen violation of international law – and a war crime. Attacking a camp sheltering civilians including women and children is a complete breach of the rules of proportionality and distinction between combatants and civilians”, the experts said’. (Emphasis in original)

The document has several redactions but interestingly, one redaction seems to be about advice prepared for the Minister. It is based on s47(C)(i) of the Freedom of Information Act (Cth) which says that ‘a document is conditionally exempt if its disclosure under this Act would disclose matter (deliberative matter) in the nature of, or relating to, opinion, advice or recommendation obtained, prepared or recorded, or consultation or deliberation that has taken place, in the course of, or for the purposes of, the deliberative processes involved in the functions of an agency or a Minister or the Government of the Commonwealth’.

Departmental documents obtained under FOI by Declassified Australia from the department of Prime........

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