Australian Foreign Minister Backs ICC’s ‘Independence’ Amid Warrant for Netanyahu and Hamas Leader

The ICC has issued arrest warrants against Israeli leaders and a Hamas commander.

Australia's Foreign Minister Penny Wong speaks during a joint press conference following an Australia and South Korea Foreign and Defence Ministers meeting on May 1, 2024 in Melbourne, Australia. Asanka Brendon Ratnayake-Pool/Getty Images

The Australian Labor government has expressed support for the ICC’s decision to issue arrest warrants for Israel’s Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant, as well as Hamas commander Mohammed Diab Ibrahim Al-Masri.

The International Criminal Court (ICC) stated there was sufficient evidence to suggest Netanyahu and Gallant may be criminally responsible for alleged war crimes, including the use of starvation as a weapon, and targeting civilians in Gaza.

The court clarified that the warrants do not constitute a verdict. It also dismissed Israel’s objection, maintaining its jurisdiction over the case.

Foreign Minister Penny Wong emphasised Australia’s recognition of the ICC’s independence and its critical role in enforcing international law.

“We have been clear that all parties to the conflict must comply with international humanitarian law,” she said in a statement on X.

A warrant was also issued for Al-Masri—also known as Mohammed Deif—a commander of Hamas’ military wing.

He is accused of crimes against humanity, including murder, extermination, torture, taking hostages, and sexual violence.

According to Reuters, the warrant also accuses Masri of his involvement in the Oct. 7, 2023 mass killings which claimed the lives of 1,200 people and resulted in 250 hostages. One hundred hostages remain missing with 35 presumed dead.

Reports suggest Al-Masri may have been killed two months ago during an Israeli airstrike in July, but Hamas has neither confirmed nor denied this.

The prosecution indicated it would continue to gather information around his reported death.

Netanyahu Denies Allegations

Israel’s prime minister rejected the accusations, and called them baseless.

He defended himself as the democratically elected leader of Israel, and denied allegations of targeting civilians.

“We do everything in our power to avoid civilian casualties,” he said during an address.

ICC Outlines Reasons

ICC Prosecutor Karim Khan said the decision backed the need to uphold international humanitarian law through an impartial judicial processes, and that the focus should be the victims of both sides of the conflict.

The ICC also concluded it had jurisdiction to investigate matters in Palestinian territories, and said Israel’s objection was “premature.”

“The acceptance by Israel of the Court’s jurisdiction is not required, as the Court can exercise its jurisdiction on the basis of territorial jurisdiction of Palestine, as determined by Pre-Trial Chamber I in a previous composition,” the ICC said in a statement.

Warrants for the Hamas leader in Gaza and a former head of its political bureau were withdrawn after confirmation of their deaths.

The Hamas-backed Gaza Health Ministry reports 44,000 fatalities amid Israel’s military response, with tens of thousands missing or trapped under debris.

National Party Senator Criticises ICC Decision

Nationals Senator Bridget McKenzie expressed concern over the ICC’s decision targeting “an elected leader of a democratic, sovereign nation-state defending itself against terrorists.”

“The ICC is meant to work alongside nation-states and their legal systems, not override them,” Senator McKenzie said, adding, “We should stand with the United States on this matter.”

The United States is not a member of the ICC, unlike Australia.