Jun 5, 2024, 3:00 PM
Jun 1, 2024, 8:00 PM

Legal experts discuss the use of Howard-era law to resist ICC arrest warrants for Israeli leaders

Left-Biased
Highlights
  • Legal experts suggest a 'carve-out' clause in a Howard-era law can help Australia resist ICC arrest warrants for Israeli leaders.
  • Penny Wong criticizes Dutton for undermining Australia's security interests with ICC threats.
  • Australia calls for a ceasefire in Gaza and urges Israel and Hamas to accept a hostage release proposal.
Story

In a Senate meeting, the foreign minister said Australia wants to solve problems by talking, not by using force. This is important for following international laws, like in the Israel-Gaza conflict. The government is being asked to not follow arrest warrants from the ICC for Israeli leaders. A law from the Howard government gives the attorney general the power to decide if Australia should follow these requests. This law is broad and allows the attorney general to make decisions without being challenged in court. Experts say this law was made to protect Australians from facing trial at the ICC. The attorney general can refuse to act on an ICC request unless they believe it is right to do so. This provision in the law was important for the Howard government to get support and for Australia to join the Rome Statute in 2002. An Israeli spokesperson wants countries like Australia to oppose ICC warrants and not enforce them. Australia, as an ICC member, must cooperate with the court. However, the law from the Howard government gives Australia the choice to follow ICC warrants. Experts say Australia is obligated to follow ICC warrants and hand over suspects. People involved in the 2002 debate, like Howard and Downer, are upset about the prosecutor's actions. Australia has been following the International Criminal Court since 2002.

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