Wong signals Australia would arrest Netanyahu after ICC issued arrest warrant

Penny Wong says Australia would “act consistently with our obligations under international law” on Benjamin Netanyahu’s arrest warrant.

Penny Wong has signalled the government would follow through with an international arrest warrant for Israeli Prime Minister Benjamin Netanyahu if he visited Australia.

The International Criminal Court (ICC) last week issued an arrest warrant for the Israeli Prime Minister, his former defence minister Yoav Gallant and Mohammed Deif, a Hamas leader believed to be dead.

During a tense exchange in the Senate on Monday, the Foreign Minister told the chamber “unlike” the Coalition “we actually believe that adherence to international law is a matter of principle, and it is in Australia’s interests”.

Foreign Minister Penny Wong has signalled Australia would arrest Israeli Prime Minister Benjamin Netanyahu if he entered Australia Picture: NewsWire / Martin Ollman

“What I would say to you is that I have made clear many times in this place that all parties to the conflict must comply with international law, and I again say we respect the independence of the International Criminal Court and its important role in upholding international law,” she said.

Israel’s casualty-heavy war against Hamas has killed upward of 40,000 people in Gaza and displaced nearly all 2.1 million inhabitants of the densely populated Palestinian territory.

Western allies and international aid groups have repeatedly called on Mr Netanyahu’s government to do more to limit civilian deaths and get more supplies into the densely populated Palestinian territory.

Penny Wong says Australia will ‘act consistently with our obligations under international law’ on Benjamin Netanyahu’s arrest warrant. Picture: Abir SULTAN / POOL / AFP

But the ICC has alleged he and Mr Gallant were responsible for war crimes, including “starvation as a method of warfare”.

The court only has jurisdictional powers in countries that are party to it, and even then, enforcement is notoriously tricky.

Australia became a party in the early 2000s.

Senator Wong knocked back criticism that the Albanese government’s position was at odds with the US, pointing out that “the United States is not a party to the Rome Statute”.

“The Rome Statute which established, or which gives effect to the International Criminal Court, was in fact, ratified by the Howard Government in 2002,” she said.

“Since Mr Howard ratified the Rome Statute, we have as a country respected the International Criminal Court.

“This is because it is in our interests as a nation for international law to be upheld.”

Asked point blank if Mr Netanyahu would be arrested if he entered Australia, Senator Wong said she would not “speculate on hypotheticals”.

“What I can say to the chamber is that Australia will act consistently with our obligations under international law and our approach will be informed by international law, not by politics,” she said.

“Israel rejects with disgust the absurd and false actions levelled against it by ICC,” Netanyahu’s office said in a statement after the warrants were issued.

In a thread of posts to X, the Israeli Prime Minister said it was an “antisemitic decision” based off false allegations.

“No biased anti-Israel decision in The Hague will prevent the State of Israel from defending its citizens,” he said.

“Israel does not, will not, recognize the validity of this decision. We will continue to do everything we must do to defend our citizens and to defend our state against Iran’s axis of terror. Iran and its terrorist proxies, which include Hamas, Hezbollah, the Houthis and others.”

Israel launched its military action in Gaza after Hamas’ horrific October 7 terrorist attacks.

The Iran-backed Palestinian militants killed some 1200 and took hundreds more hostage.

Mr Netanyahu has vowed to continue pursuing Hamas until the group is eradicated.