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AAP
AAP
Politics
Dominic Giannini

Wong walks tightrope over top court's Israel ruling

The foreign minister has faced pressure from both sides of politics over Australia's stance on Israel's war against Hamas.

As parliament resumed on Tuesday, Penny Wong was caught in the middle of calls from the Greens, who wanted her to take a stronger stance in support of Palestine, and the opposition, who urged her to object to an international court's ruling.

The Greens moved an urgency motion in the Senate calling on the government to publicly support and formally intervene in the genocide case brought before the International Court of Justice by South Africa.

The court made an interim ruling that Israel needed to take measures to prevent genocide but did not order a ceasefire in Gaza.

"The court has sent a clear message, it's the court's expectation that the world will not sit in silence as the State of Israel continues its ruthless military campaign against Palestinians," Greens senator Jordon Steele-John said.

But the motion failed to mention that the armed conflict could end if Hamas - designated a terrorist organisation by Australia - released Israeli hostages and laid down their arms, Liberal senator Claire Chandler said. 

Senator Chandler also called for the government to be clear that Israel was not committing genocide and to affirm that South Africa's case did not have merit. 

"What members of parliament should not be doing is misusing the word genocide in a way which directly parrots the propaganda of Hamas," she said. 

Labor senator Raff Ciccone, speaking on behalf of the government, said Australia was not a party to the matter and the court had not invited interventions from other states.

The ruling was an interim one and not a final determination, he said, adding that Israel both had a right to defend itself but needed to act in accordance with international law.

"And whilst not a party to the matter brought by South Africa to the ICJ, it does not mean that Australia isn't continuing to work for peace in the region," he said.

Foreign Minister Penny Wong earlier told the chamber an Australian and New Zealand joint statement specifically referencing the ICJ and calling for Israel to act in accordance with the court's ruling was significant.

Lidia Thorpe
Senator Lidia Thorpe will move to make it easier for Australia to prosecute allegations of genocide. (Lukas Coch/AAP PHOTOS)

The motion failed, supported only by Greens members and independent senator Lidia Thorpe.

Senator Thorpe will move to strip authority from the attorney-general and make it easier for people to prosecute allegations of genocide with a private senator's bill on Wednesday.

The changes would "get political interference out of our legal system", she said, referencing former attorneys-general Robert McClelland and Christian Porter both refusing to allow legal action against foreign leaders in 2011 and 2018 respectively. 

Diplomatic immunity was cited in both cases as a reason not to take legal action. 

Australian law allows for the prosecution of genocide and war crimes but cases need to be ticked off by the attorney-general due to possible implications for international and diplomatic relationships.

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