After 14 months of monkey business the Australian Government has batted off FOI requests for advice on Australian citizens serving in Israel’s army IDF. Yaakov Aharon reports on an heroic stonewalling.

In politics, when you can not win – delay.

A year and a genocide ago, in April 2024, MWM correspondent and former senator Rex Patrick wrote to the Attorney-General’s (AG) Department.

Documents were requested under the Freedom of Information (FOI) Act relating to the “conflict between Israel and Hamas since October 2023” and “Australian citizens serving in the Israeli Defence Force” (IDF). 

After 14 months of monkey business, the published FOI shows the government chose to avoid its obligations – under domestic and international law – to investigate Australian IDF soldiers for war crimes. 

It is estimated that 1000 Australians are serving with the IDF, but this FOI continues to obscure the true number.

Lone Soldiers. New Australian IDF recruits due to arrive in Israel in January

Arrested developments? Yes. Arrested war criminals? No.

Rex requested the documents in early April 2024. Usually requests are processed within 30 days.

Later that month, the AG Department told Rex that his request covered 1330 pages of documents and could not be approved.

Rex negotiated a reduction of the FOI’s scope, and negotiated another reduction in August. A short extension was negotiated by the AG Department in April, and again in May.

After months of silence, a heavily-censored 44 pages was published.

During that wait, the International Criminal Court charged Israeli Prime Minister Benjamin Netanyahu with war crimes and crimes against humanity. While Netanyahu is on the run from international law – as the rogue state’s wartime leader – he leads from the front. Israeli media has since published holiday guides for IDF soldiers wanting to avoid arrest for war crimes.

In December 2024, MWM uncovered IDF recruitment programs targeting Australian citizens. The Australian Federal Police, overseen by the AG Department, refused to comment.

Inaction is a choice

The Australian Centre for International Justice (ACIJ) wrote to the AG Department in December 2023, informing it of its legal responsibility to investigate Australian IDF soldiers for war crimes.

In response to the letter, the Department prepared talking points for its then-boss, Mark Dreyfus, titled ‘Australian citizens serving with the IDF’.

There is no further mention of the IDF or war crimes. There is only a single mention of the “Israel-Hamas conflict”.

Scouts honour. Come join the Israel army and learn to kill.

The clearest reference to Australian IDF soldiers is to clarify a crime they have not committed. 

“It is an offence for Australians to engage in hostile activities overseas,” the talking points read, “unless serving in or with the armed forces of a foreign country.”

The AG Department’s Office of International Law was initially excluded from contributing to the talking points. In the final hour, the office was asked to provide input “ASAP”.

The office recommended the talking points specifically refer to war crimes prohibited under domestic and international law, and to the government’s obligation to investigate them. Its email notes that these details were copied over from previously cleared talking points related to Australian war crimes committed in the Afghanistan War.

Those recommendations were ignored.

ACIJ told this masthead it found the government’s lack of meaningful action “regrettable”.

“Decisive and substantive action by the Australian Government is long overdue”. 

AG received legal advice from a foreign [REDACTED]

Which foreign government or organisation could it be? Safe to say, not the Palestinian Authority.

The AG Department refused access to three further documents, totalling 31 pages. 

The first document, dated 19 October 2023, was refused as the AG Department had given or received legal advice and publication of that advice may affect Australia’s relations with another country. On 18 and 19 October, the AG Department announced $132 million of grants for beefing up security at Jewish and Muslim sites, and boosting social cohesion projects.

The third document, dated 14 January 2024, concerns legal advice received by the AG Department, written “in confidence” by a foreign state or organisation. The International Court of Justice began hearing the case that Israel is committing genocide three days earlier.

This FOI arrives at a time when Australia seems more likely to join the war criminals than investigate them. 

President Trump is considering dropping the bomb on Tehran and Israel continues its crusade for greater land. For now, Australia is stuck on platitudes of Israel’s “right to self-defence.” 

Investigation: elite Australian big business group monetises Israeli war machine

This post was originally published on Michael West.