{"id":1538129,"date":"2024-03-06T08:09:56","date_gmt":"2024-03-06T08:09:56","guid":{"rendered":"https:\/\/asiapacificreport.nz\/?p=97764"},"modified":"2024-03-06T08:09:56","modified_gmt":"2024-03-06T08:09:56","slug":"why-have-albanese-and-other-politicians-been-referred-to-the-icc-over-israels-war-on-gaza","status":"publish","type":"post","link":"https:\/\/radiofree.asia\/2024\/03\/06\/why-have-albanese-and-other-politicians-been-referred-to-the-icc-over-israels-war-on-gaza\/","title":{"rendered":"Why have Albanese and other politicians been referred to the ICC over Israel\u2019s war on Gaza?"},"content":{"rendered":"
ANALYSIS:<\/strong> By Donald Rothwell<\/a>,<\/em> Australian National University<\/a><\/em><\/p>\n In an unprecedented legal development, senior Australian politicians, including Prime Minister Anthony Albanese, have been referred to the International Criminal Court (ICC) for investigation into whether they have aided or supported Israel\u2019s actions in Gaza.<\/p>\n The referral, made by the Sydney law firm Birchgrove Legal<\/a> on behalf of their clients, is the first time any serving Australian political leaders have been formally referred to the ICC for investigation.<\/p>\n The referral asserts that Albanese, Foreign Minister Penny Wong, Opposition Leader Peter Dutton and other members of the government have violated the Rome Statute<\/a>, the 1998 treaty that established the ICC to investigate and prosecute allegations of war crimes, genocide and crimes against humanity.<\/p>\n Specifically, the law firm references:<\/p>\n A key aspect of the referral is the assertion, under Article 25 of the Rome Statute, that Albanese and the others bear individual criminal responsibility for aiding, abetting or otherwise assisting in the commission (or attempted commission) of alleged crimes by Israel in Gaza.<\/p>\n At a news conference today, Albanese said the letter<\/a> had \u201cno credibility\u201d and was an example of \u201cmisinformation\u201d. He said:<\/p>\n Australia joined a majority in the UN to call for an immediate ceasefire and to advocate for the release of hostages, the delivery of humanitarian assistance, the upholding of international law and the protection of civilians.<\/p><\/blockquote>\n How the referral process works<\/strong> Referrals to the ICC prosecutor<\/a> are most commonly made by individual countries — as has occurred following Russia\u2019s invasion of Ukraine in 2022<\/a> — or by the UN Security Council. However, it is also possible for referrals to be made by \u201cintergovernmental or non-governmental organisations, or other reliable sources\u201d, according to Article 15 of the Rome Statute.<\/p>\n The ICC prosecutor\u2019s office has received 12,000 such referrals<\/a> to date. These must go through a preliminary examination before the office decides whether there are \u201creasonable grounds\u201d to start an investigation.<\/p>\n The court has issued arrest warrants for numerous leaders over the past two decades, including Russian President Vladimir Putin<\/a> and his commissioner for children\u2019s rights, Maria Lvova-Belova; former Sudanese President Omar al-Bashir<\/a>; and now-deceased Libyan leader Muammar Gaddafi<\/a>.<\/p>\n ABC interview with barrister Sheryn Omeri KC on the referral of Australian political leaders to the International Criminal Court.<\/p>\n Acting for over 100 Australian lawyers, Omeri, through the law firm Birchgrove Legal, has referred Australian prime minister Anthony Albanese & key\u2026 pic.twitter.com\/aHAdVct6eV<\/a><\/p>\n \u2014 Peter Cronau (@PeterCronau) March 5, 2024<\/a><\/p><\/blockquote>\n\n
\n
\nThere are a couple of key questions here: can anyone be referred to the ICC, and how often do these referrals lead to an investigation?<\/p>\n\n