Dreyfus refuses to ‘speculate’ on ICC arrest warrants for Israeli officials

Labor’s most senior Jewish MP’s high-stakes trip to Israel comes at one of the most consequential points of the 15 month war in Gaza.

Attorney-General Mark Dreyfus has refused to weigh in on whether Australia would execute International Criminal Court (ICC) arrest warrants for Benjamin Netanyahu and his former defence minister, Yoav Gallant.

Mr Dreyfus, Labor’s most senior Jewish MP, is in Israel on a diplomatic mission to bolster relations with Australia’s Middle East ally amid friction between the Albanese and Netanyahu governments over the war in Gaza.

The ICC issued arrest warrants for the Israeli Prime Minister and Mr Gallant for alleged crimes against humanity and war crimes, including “starvation as a method of warfare”.

Israel does not recognise the ICC, but Australia does, meaning it is obligated under international law to comply with the court’s orders.

But whether Australian authorities actually would arrest Mr Netanyahu or Mr Gallant is unclear.

Mr Dreyfus said on Friday he would not “speculate”.

Attorney-General Mark Dreyfus has refused to weigh in on whether Australia would execute ICC arrest warrants for Benjamin Netanyahu and his former defence minister, Yoav Gallant. Picture: NewsWire / Martin Ollman

“Australia is a state party to the Treaty of Rome,” he told the ABC.

“We respect the role of the ICC.

“We’re not a party to this proceeding involving Israeli ministers, and I’m not going to speculate, particularly as Attorney-General, I am not going to speculate on those arrest warrants at any level.”

Mr Dreyfus is not the first senior Albanese government minister to tread with caution on the topic.

The Coalition pressed Foreign Minister Penny Wong on it during an exchange in the Senate after the warrants were issued in November last year.

She signalled that Australian authorities could arrest, but refused to say outright.

“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.

The Albanese government has joined other Western allies in criticising the high civilian death toll and dire humanitarian situation in Gaza. Picture: Jack Guez / AFP

The Albanese government has joined other Western allies in criticising the high civilian death toll and dire humanitarian situation in Gaza.

The criticisms have come against backdrop of increasingly common anti-Semitic attacks in Australia’s biggest cities, which Mr Netanyahu has partly blamed on Labor’s “extreme anti-Israel position”.

But Anthony Albanese has rejected his government is anti-Israel and repeatedly condemned Hamas, the Islamist militant group that runs Gaza.

In his comments on Friday, Mr Dreyfus also said there was “overwhelming support” among Israeli officials for a ceasefire brokered by the US and Qatar this week.

He said it had “been reflected in the meetings that I’ve had with Israeli government ministers”.

“It’s something that has been raised in every single meeting, not just the meetings I’ve had with ministers, but with agency heads with whom I’ve also been meeting,” he said.

“Everywhere you go, everything you see, there’s expectation and support for a ceasefire.”

Mr Netanyahu said on Friday morning (local time) his government would back the deal after concerns held by some were resolved.