Israel using a ‘non-existing’ right, says UN

A UN official has argued that Israel does not have a legal right to self defence against Hamas following the October 7 terrorist attack.

Francesca Albanese, UN Special Rapporteur for Palestinian Human Rights, at the National Press Club of Australia in Canberra.

UN Special Rapporteur for the Palestinian territories Francesca Albanese says Israel is using a “non-existing right to self defence” in response to the October 7 terror attack by Hamas, arguing the Jewish homeland was committing “war crimes”.

In an address to the National Press Club in Canberra, Ms Albanese said that Israel’s right to self defence should only be applied under international law when it was attacked by another state.

Ms Albanese also argued Palestinians were facing “the most significant existential threat” as she attacked Western countries – including Australia – for being “completely paralysed” in response to the unfolding crisis.

She stopped short of calling Hamas a terrorist organisation, instead referring to it as “an armed group”, in remarks that drew condemnation from Jewish groups. “Israel has not claimed that it has been threatened by another state,” Ms Albanese said. “It has been threatened by an armed group. Qualify it the way you want, but it is an armed group within the occupied territory and, frankly, even saying the war between Gaza and Israel is wrong, because Gaza is not a stand-alone entity, it is part of the occupied territories.

“Israel cannot claim the right of self-defence against a threat that emanates from a territory it occupies, from a territory that is under belligerent occupation.”

The comments are at odds with the government position, with Prime Minister Anthony Albanese having recognised Israel’s “inherent right to defend itself” on October 16.

The Prime Minister told caucus on Tuesday that Muslims, Jews and Palestinians were “really hurting at the moment” and set out the need for Labor to unequivocally oppose the October 7 terror attack while also making the observation that too many civilians had now been killed in Gaza.

Mr Albanese said there was a responsibility to de-escalate tensions given a noticeable increase in anti-Semitism within Australia, and accused Peter Dutton of taking an opportunistic approach to the Middle East conflict.

While most Australians were horrified by the loss of life, Mr Albanese said some were personally affected and traumatised. He said unity and harmony were needed in the response to the ongoing violence.

Mr Albanese said international law required a proportionate response and the protection of civilians, despite the fact that Hamas – as a terrorist organisation – did not abide by these requirements.

He was also critical of the Pro-Palestinian motorcycle convoy that ventured through the eastern suburbs of Sydney on the weekend where there is a large Jewish community.

While Australians had a right to protest, Mr Albanese said that protests should not be conducted in a manner or at a location that was inflammatory

However, he also said that “many in Muslim and Palestinian communities feel hurt, believing there has been less emphasis on Palestinian lives.”