“(I)f pressed on legality … our position is that it is for competent judicial bodies to determine whether crimes against humanity have been committed” – (DFAT, 2022, FOI release). What then are DFAT and Australia’s obligations following the finding by the International Court of Justice that Israel has established an apartheid system in the Occupied Palestinian Territories?

Readers may recall that in an earlier article – Australia must clarify Israel’s status as an Apartheid state: November 3, 2022 – I addressed the consequences for Australia of Israel being established as an apartheid state, as was asserted by two then recent reports by Human Rights Watch and Amnesty International (the Reports). I also drew attention to the fact that Foreign Minister Wong was on record at that time as asserting that Australia does not accept that Israel is an apartheid state.

In a subsequent article – Australia’s DFAT blocks FOI request on Israel apartheid status: January 9, 2023 – I informed of an FOI application seeking, inter alia, any report emanating from DFAT on the question of Israel practicing apartheid in Israel or the Occupied Territories.

A third article – FOI exposes Australia’s attempts to protect Israel on apartheid status: March 28, 2023 – detailed the results of the FOI application, including the limited disclosure given. The conclusion was that there was no suggestion of Australia having carried out any in depth analysis of either of the........

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