Australian lawyers call for Gaza, West Bank ceasefire by Israel

More than 300 prominent Australian lawyers have called on the government to support an immediate ceasefire in Gaza and the West Bank, and halt defence exports to Israel.

More than 300 Australian lawyers have signed a letter to senior government leaders calling for an immediate ceasefire in Gaza and the West Bank.

More than 300 Australian lawyers have signed a letter to senior government leaders calling for an immediate ceasefire in Gaza and the West Bank, urging them to halt defence exports to Israel and secure the immediate return of hostages.

The letter, signed by legal practitioners and academics from across the country, urges Anthony Albanese, Foreign Minister Penny Wong, Defence Minister Richard Marles and Attorney-General Mark Dreyfus to help fulfil Australia’s international legal obligations in relation to the “ever escalating and horrific” conflict in the Middle East.

“The well-accepted limits of international law, human rights law and the law of armed conflict have been exceeded,” the letter reads. “There is mounting evidence that atrocity crimes have been committed. Atrocity crimes are considered to be the most serious crimes against humankind.”

Prominent signatories to the letter include Greg Barns SC, Guy Gilbert SC, David Hooke SC, legal scholar Simon Henderson, University of Technology Sydney Professor Thalia Anthony and Griffith University Professor Susan Harris Rimmer.

The Executive Council of Australian Jewry says signatories have “fallen into the trap of moral equivalence’’.

The letter calls on the government to “exert its influence to secure an urgent ceasefire in Gaza and the West Bank, and the adequate provision of food, fuel, medicine and other humanitarian assistance to Gaza, and the unconditional restoration of water and electricity.”

It also urges to government to rally alongside other countries to ensure international humanitarian law is complied with, and advocates for an end to the occupation of Palestine.

Under the Geneva Conventions, Australia must not encourage violations of international humanitarian laws by others, and is required to “act to prevent genocide where there is a risk of genocide occurring”, the letter says.

“Australia is duty-bound to “respect and ensure respect” for international humanitarian law in all circumstances,” it reads.

“That means that Australia must not itself violate international humanitarian law, and that it must not encourage violations of international humanitarian law by others.”

The letter also calls on the government to “immediately to halt defence exports to Israel, and confirm what military-specific goods have been provided.”

“We call on the Government to confirm whether these defence goods are being used in accordance with international law,” it reads.

Principal Lawyer of the Australian Centre for International Justice Rawan Arraf said it was “clear” Australia was failing in its international obligations, and as a result, “the people of Gaza are paying a terrible price.”

“We cannot allow Israel to commit such grave violations without censure,” she said. “Palestinians are being dehumanised and killed on an almost unimaginable scale, and Australia has a responsibility to act in defence of human rights and international law and end the double standards it applies to Palestinians.”

Victorian barrister Felicity Gerry KC, who practices international law, said it was clear there are “serious breaches of international law taking place in Gaza”.

“This is unacceptable and undermines the international legal system,” she said. “Australia should do everything in its power to condemn atrocities whenever they occur, including when committed by our allies.”

Executive Council of Australian Jewry co-CEO Peter Wertheim took issue with the letter, saying the signatories had “fallen into the trap of moral equivalence”.

“Israel is a democracy whose citizens were subjected to a brutal massacre at the hands of terrorists. Other Israelis, including dozens of children, were carried off as hostages,” he said.

“It seems extraordinary that 300 lawyers should focus disproportionately on the limits of Israel’s undoubted right to defend itself, and call for Australia to take punitive measures only against Israel, but not Hamas or the Iranian regime which sponsors Hamas.”