Australian PM becomes first ICC referral for 'accessory to genocide'

By Al Mayadeen English
Source: News Websites
5 Mar 2024 13:14
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PM Albanese calls the referral for being an accomplice to the genocide in Gaza by the firm Birchgrove Legal as having “no credibility”.

Australian Prime Minister Anthony Albanese gestures during a press conference at the ASEAN-Australia Special Summit in Melbourne, Australia, Tuesday, March 5, 2024. (AP)

Australian Prime Minister Anthony Albanese has become the first Western leader to be referred to the International Criminal Court for being an “accessory to genocide” in Gaza.

According to attorney Sheryn Omeri in an interview for ABC‘s News Breakfast, he has been referred as a result of having supplied financial and political support for "Israel", which has now killed 30,534 martyrs in Gaza.

The referral, which has been based on Article 15 of the Rome Statute, signed by over 100 lawyers and requested by Australian law firm Birchgrove Legal, states that Albanese and members of his Cabinet and Parliament provided "Israel" with “rhetorical support in their public statements, their press conferences, their speeches,” in addition to material assistance.

Albanese calls the referral by Birchgrove Legal as having “no credibility”, as the firm has also called for an investigation into the government for pausing funding to UNRWA.

Omeri confirmed that the aid “most particularly” given to "Israel" has been the export of F-35 fighter jet parts alongside military intelligence through surveillance work at Joint Defense Facility Pine Gap in Australia’s Northern Territory.

Omeri added that “it’s been months since the 7th of October, 2023, and between then and now there has been very little in the way of urging restraint on Israel and discouraging what the International Court of Justice found on the 26th of January was a plausible case of genocide.”

The 92-page document maps out the ways in which Albanese and other Australian officials have contributed, and thus are accessories to genocide, including:

Freezing $6 million in funding to the United Nations Relief and Works Agency for Palestine Refugees in the Near East amid a humanitarian crisis based on unsubstantiated claims by "Israel";
Providing military aid and approving security exports to "Israel", which could be used by the Israel occupation forces (IOF) in the course of the prima facie commission of genocide and crimes against humanity;
Ambiguously deploying an Australian military contingent to the region, where its location and exact role have not been disclosed; and
Permitting Australians, either explicitly or implicitly, to travel to "Israel" to join the IOF and take part in their attacks on Gaza.

“The Rome Statute provides four modes of individual criminal responsibility, two of which are accessorial,” Omeri said.

US President Joe Biden, UK Prime Minister Rishi Sunak, and German Chancellor Olaf Scholz are among those who have defended "Israel’s" war on Gaza and continuously funded it - automatically becoming accessories and accomplices to the crime.

Cooperating to cover up

This comes amid a statement by the Australian ambassador to the UN, James Larsen, who urged "Israel" to “cooperate fully with UN investigators” and “provide all available evidence” for its allegations that UNRWA is involved with the Palestinian Resistance, adding that Australia wants to go back to funding UNRWA in Gaza.

Larsen told the UN on Monday that Australia “remains deeply concerned” by "Israel’s" claims that members of UNRWA – the UN Relief and Works Agency which provides aid to Palestinian refugees – were involved.

He continued that since then, UNRWA has fired its staff and claimed “no further information has been provided to me since that day," as he admitted that Australia acted quickly after the allegation.

“We have consistently called on Israel to provide all available evidence so that these serious allegations can be properly assessed and appropriate safeguards put in place. Australia repeats that call today,” he said.

“The humanitarian crisis is dire. We seek the urgent assurance that will allow us to restore funding” but said that Australia wanted “a clear commitment” that UNRWA would follow with recommendations from investigations, and seek “internal reforms with clear timelines."

The Israeli ambassador claimed that up to 12% of UNRWA personnel participated in the October 7 events, citing "proof" that the organization had contributed to their "terror machine".

UNRWA’s Commissioner General, Philippe Lazzarini, said during an interview for the Financial Times that "Israel" has not furnished evidence to support its accusations, and Financial Times, having reviewed the intelligence assessment, reported that "Israel" offered no proof for the accusations, including the claim of a staff member kidnapping a woman.

Birchgrove called Australia’s UNRWA funding “an act of collective punishment” against Palestinians in Gaza.