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senate vote 2024-02-06#3
Edited by
mackay staff
on
2024-02-29 16:51:26
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Title
Matters of Urgency — Middle East- Matters of Urgency - Middle East - ICJ case against Israel
Description
<p class="speaker">James McGrath</p><p>The Senate will now consider the proposal from Senator McKim. Is consideration of the proposal supported?</p>-
- The majority voted against a motion introduced at the request of Tasmanian Senator [Nick McKim](https://theyvoteforyou.org.au/people/senate/tasmania/nick_mckim) (Greens), which means it failed.
- ### Motion text
- > *That, in the opinion of the Senate, the following is a matter of urgency:*
- >
- > *The Australian government must publicly support, and formally intervene in, South Africa's genocide case at the International Court of Justice.*
<p class="italic"> <i>More than the number of senators required by the standing orders having risen in their places—</i></p><p>With the concurrence of the Senate, the clerks will set the clock in line with the informal arrangements made by the whips.</p> <p class="speaker">Jordon Steele-John</p><p>At the request of Senator McKim, I move:</p><p class="italic">That, in the opinion of the Senate, the following is a matter of urgency:</p><p class="italic">The Australian government must publicly support, and formally intervene in, South Africa's genocide case at the International Court of Justice.</p><p>Australia must voice its support for South Africa's genocide case against the State of Israel, which is currently being considered by the International Criminal Court. South Africa's case brings together compelling evidence that the State of Israel is committing genocide against Palestinians right now in Gaza.</p><p>On 25 January, the ICJ made a historic interim ruling. They decided that, based on the evidence presented by the nation of South Africa, the State of Israel is to refrain from acts contravening the genocide convention. It has been ordered to prevent and to punish direct incitement of genocide towards Palestinians, and it is to take all measures to ensure people in Gaza can access humanitarian assistance. The court has sent a clear message: it is the court's expectation that the world will not sit in silence as the State of Israel continues its ruthless military campaign against Palestinians.</p><p>Even after the UN made clear that the court's ruling must be considered binding, the Albanese government has failed to take decisive action. The Albanese government's response so far has been completely inadequate. As a signatory to the UN's genocide convention, Australia has an obligation to take measures to prevent and punish the crime of genocide. And the Albanese government has so far failed to take action that is appropriate to the scale of the devastation that we are witnessing. Instead of calling for an end to the genocide, instead of calling for an end to the war crimes, the crimes against humanity and the destruction which rains down daily upon the people of Gaza, the Australian government has cut aid funding to the very organisations trying to keep people alive while continuing to supply resources and give support to the IDF forces as they carry out these atrocities. Shame!</p><p>The Greens are imploring the Australian government to send a strong message that these war crimes are unacceptable to the Australian community. We have seen thousands joining rallies and picket lines across the country. They are united in their calls. It is time for the Australian government to publicly support South Africa's case in the ICJ. The Australian government must make its position clear in support of South Africa now, as we enter this substantive stage of consideration by the court. The community expects that the Australian government will formally intervene, and the Australian Greens will continue to place pressure upon the Albanese government to ensure that they do just that. The time for sitting by in silence is over. We must hear the voices of the Palestinian people. We must answer their cry for justice. We must take tangible action to ensure that crimes of genocide, crimes against humanity and war crimes are punished under international law.</p> <p class="speaker">Claire Chandler</p><p>I rise to speak on this urgency motion moved by the Greens. We are all extremely troubled by the ongoing loss of life in Gaza caused by Hamas. We all want the conflict to end as soon as possible. But once again we see the Greens come into this chamber with a motion that completely ignores the fact that the Hamas terrorists can end the conflict in Gaza today. They could have ended this conflict on any day during the last four months by surrendering and by releasing the hostages who they have now held in cruel and inhumane conditions for more than 120 days.</p><p>Of course, this motion also doesn't mention that the only reason there is an armed conflict in Gaza right now is that Hamas terrorists carried out one of the most barbaric, deliberate mass murders the modern world has ever witnessed. Not only did they murder in cold blood more than 1,200 Israelis and take hundreds of hostages; they then promised to carry out such attacks again and again as soon as they were able. Hamas have stated genocidal intent to wipe Israel from the face of the map. They aim to kill as many Israeli Jews as they can, and they openly celebrate when they are able to do so. They have hidden themselves and the hostages they've taken in a tunnel network that they have spent 15 years building, with the specific intent of placing the civilians of Gaza in danger. That is the context in which Israel are attempting to rescue their citizens and destroy the terrorist group Hamas, and it's the context which, sadly, the Greens choose to ignore once again.</p><p>Members of the Senate are, of course, entitled to express a view about Israel's attempt to rescue its people and destroy a terrorist group which murdered 1,200 of its people. But what members of parliament should not be doing is misusing the word 'genocide' in a way which directly parrots the propaganda of Hamas and their funders in the Islamic Republic of Iran. Nor should governments, including the Australian government, be misusing that word, as this motion calls for the government to do.</p><p>The Albanese government should have been faster and clearer in providing Australia's response to this claim and making clear that, along with the United States, Canada, the United Kingdom and other like-minded partners, we do not believe that Israel is committing genocide and we do not believe that South Africa's application to the ICJ is appropriate. Israel has an inherent right to self-defence, which was recognised in the ICJ ruling. Israel is in an incredibly difficult position of conducting a defensive war to remove Hamas from a position of power and influence and as a terrorist threat in the region. Hamas, incidentally, have repeatedly refused not only to surrender but even to accept a ceasefire which would see hostages released and further aid able to be safely provided to civilians. The only way the lives of civilians in both Gaza and Israel can be protected is to remove Hamas from a position where they deliberately use Palestinians in Gaza as human shields and place them in greater danger and jeopardy.</p><p>It is deeply troubling to have propaganda being spread in our country that seeks to save Hamas, keep them in power and keep the civilians of Gaza under this oppressive, misogynistic, murderous rule of a terrorist regime. We want to see civilians protected and terrorism defeated. Hamas, on the other hand, wants to see civilians on both sides killed, and they have done and continue to do everything in their power to make that happen. Any effort which ignores the need for Hamas to be removed from power is not a serious proposal for peace; it is a proposal for ongoing violence against Jews, women and the innocent civilians of Gaza.</p> <p class="speaker">Raff Ciccone</p><p>I want to make a short remark with respect to the urgency motion before the Senate this afternoon. The government won't be supporting this motion that has been brought forward by the Australian Greens regarding the International Court of Justice matter brought by South Africa concerning the State of Israel. We do so because Australia is not a party to the matter that South Africa has brought to the International Court of Justice. Indeed, the ICJ has not invited interventions from other states, a point that sometimes has been missed in some of the commentary of late.</p><p>This motion shows, with the greatest respect, sheer ignorance to the reality of what is actually before us today. Australia respects the independence of the International Court of Justice. We respect the role that it plays in the international legal system and the maintenance of an international rules based order. It's with this respect that it also follows that we also expect every single state around the world will act in accordance with the rulings of the court. I note in particular that the court has already made a ruling on provisional matters in the matter, a ruling that constitutes merely an interim decision, not a final determination.</p><p>I stood here in October of last year to condemn without qualification the horrific terrorist attacks that were committed by Hamas against many people in the State of Israel on 7 October. What happened on that day will always be remembered in the hearts of many with great sorrow. Since that time, the Australian government's position has been unequivocal and consistent. There is no justification for terrorism. There can be no excuse for what happened on that day. Like any other state, the State of Israel has a right to defend itself, and, in doing so, like any state, it must have regard for international law.</p><p>Whilst not a party to the matter brought by South Africa to the ICJ, that does not mean that Australia isn't continuing to work for peace in the region. Indeed, although not a central player in the Middle East, we are a respected voice, and with that voice we are able to advocate, and have said so many times, for sustained peace. Throughout this conflict the Australian government has been consistent in calling for civilians to be protected. We have consistently called for more humanitarian aid into Gaza and unimpeded passage for relief for those in great need. We've also used our voice to advocate for the immediate release of hostages, the delivery of humanitarian assistance, respect for international humanitarian law, caution at the prospect of regional escalation, and a sustainable ceasefire—a ceasefire which cannot be one sided.</p><p>As Australians, we mourn the loss of innocent life in all conflict and pursue enduring peace in the region. That is our shared goal. Therefore it remains our view that such peace can only be achieved through a two-state solution where security and dignity for both parties is guaranteed.</p> <p class="speaker">Lidia Thorpe</p><p>I stand before you today to advocate for a cause that resonates with our shared values of justice, compassion and human rights. I support the motion that the Australian government must publicly support and formally intervene in South Africa's genocide case at the International Court of Justice. Our commitment to truth demands that we confront injustice wherever it occurs, regardless of borders or political affiliations.</p><p>The ongoing conflict in Gaza has resulted in untold suffering and loss of life, particularly amongst innocent civilians, including women and children. In a historic legally binding ruling, the ICJ declared that it is highly likely that genocide is occurring in Gaza and that Israel is not doing enough to prevent it. By endorsing South Africa's efforts to hold Israel accountable at the ICJ, we send a powerful message that Australia stands on the side of justice and humanity. Our support is not just a matter of policy. It's a reflection of our values and commitment to the promotion of peace and justice in the world.</p><p>As a signatory to the Convention on the Prevention and Punishment of the Crime of Genocide, we cannot turn a blind eye to such horrendous violations of human rights and crimes against humanity. Let's not ignore our duty to speak against inhumane cruelty. Let's stand in solidarity with those who are oppressed and marginalised, wherever they may be, so that it actually never happens again anywhere, to anyone. Thank you.</p> <p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>-
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