Former Liberal PMs urge government to rethink support of International Criminal Court
It comes after the Albanese government suggested on Friday it would follow the International Criminal Court’s ruling – to arrest Israeli Prime Minister Benjamin Netanyhau – as ‘a point of principle’.
Numerous former Liberal prime ministers have urged Australia to rethink its support of the International Criminal Court after it issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu.
On Friday, the Albanese government suggested it would follow the court’s rulings as “a point of principle”.
The court’s unprecedented move against the leader of a democratic state means the court’s 124 member nations, including Australia, are obliged to arrest the Israeli leader if he visits.
Former prime minister Tony Abbott said Australia should withdraw from the “conflicted body”.
“There is no moral equivalence – none – between democratic Israel and terrorist Hamas. The ICC arrest warrant that makes no distinction between terrorist aggression and national self-defence is a shameful travesty,” he wrote on X.
“Downer is right: unless it rethinks, Australia should withdraw from this compromised and conflicted body.”
He referred to comments made by former foreign minister Alexander Downer, who led Australia joining the ICC under the Howard government, but very quickly urged the government to now consider withdrawing from the international court.
“I had hoped it’d be a serious court,” Mr Downer said.
“We should make it clear that we wouldn’t arrest the Prime Minister of Israel.”
Former prime minister Scott Morrison also questioned support for the ICC.
“The ICC’s actions seeking the arrest of PM Netanyahu and former minister Gallant demonstrate that the ICC is no longer an institution that Australia can and should support,” he wrote on X.
Anthony Albanese declined to make a direct comment on Friday.
US President Joe Biden denounced the ICC decision soon after it was released, calling the decision “outrageous”.
“Let me be clear: whatever the ICC might imply, there is no equivalence – none – between Israel and Hamas,” the US President said. “We will always stand with Israel against threats to its security.”
Hungarian Prime Minister Viktor Orban said he would invite Mr Netanyahu to the country and that the arrest warrant would “not be observed”.
Leader of the Australian Greens Adam Bandt urged Labor should abide by global law.
“As bombs have rained down on Gaza, Labor have spoken a lot about ‘respecting international law’. Now is the time to show it. The Australian Government must confirm they will comply with the arrest warrants issued by the ICC.”
“International law only means something if its signatories abide by its rulings. It cannot be applied selectively,” he added.
“Canada, Netherlands and Italy have all confirmed they’d act on the ruling, and arrest Netanyahu if he visited. Australia must too.”
Ireland’s Prime Minister Simon Harris also said they would be prepared to arrest Mr Netanyahu if he visited the country.
On Friday, Labor frontbencher Ed Husic declared the ICC was “doing its job” and suggested that the nation should not waver from global law.
Hours later, a government spokeswoman refused to explicitly confirm whether Australia would comply with the warrant, declaring “it’s not appropriate to speculate on hypotheticals around individual cases”.
However, in a comment that suggested the government would uphold the warrant, the spokeswoman continued “as a point of principle, Australia acts in a manner consistent with our international legal obligations”.
Foreign Minister Penny Wong did not join the US and Israel in criticising the court’s findings and did not say whether Mr Netanyahu would be arrested if he visited Australia. In a short statement on Friday, Senator Wong said the government “respects the independence” of the ICC.
“We have been clear that all parties to the conflict must comply with international humanitarian law,” Senator Wong said.
“Australia respects the independence of the ICC and its important role in upholding international law. Australia is focused on working with countries that want peace to press for an urgently needed ceasefire.”
Labor’s comments on the ICC came as Israel criticised Australia for denying a visa to former justice minister Ayelet Shaked on character grounds. The Jewish state’s Foreign Ministry called the decision “unacceptable”.
The ICC accused Mr Netanyahu and former defence minister Yoav Gallant of war crimes and crimes against humanity in the Gaza Strip, saying they “intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity”.
The decision will further isolate Israel internationally and means Mr Netanyahu and Mr Gallant risk arrest if they visit many parts of the world, including all of Europe and the UK.
Israel accused the court of rewarding terrorism in its decision. Mr Netanyahu called the ICC’s allegations “absurd and false”, while Mr Gallant said it equated Israel with the terror group Hamas.
Jewish groups in Australia were also outraged by the ICC ruling. Executive Council of Australian Jewry co-chief executive Alex Ryvchin said the move was “an attack on a democracy fighting a lawful and just war”.
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