The Albanese government is refusing to reveal its position on South Africa’s case against Israel at the UN’s international court of justice before the court’s first hearing into allegations of genocide on Thursday at The Hague.
The foreign affairs department has, however, vowed to call out any inflammatory comments made by Israeli officials, as outlined in South Africa’s claim, adding that it has conveyed “concern about such remarks on several occasions”.
The case brought by South Africa at the beginning of the year will be heard on 11 and 12 January, with the potential for a provisional ruling within weeks. It accuses Israel of committing genocide, and having genocidal intent, in Gaza. Israel has called the allegations “a despicable and contemptuous exploitation” of the ICJ and urged the court to reject it.
While the Australian government has previously thrown its support behind the Ukrainian government in its case against Russia at the ICJ shortly after Moscow’s invasion, the government is keeping its cards close in South Africa’s case against Israel.
The Department of Foreign affairs and Trade (Dfat) declined to respond to questions by Guardian Australia about whether it had exercised its responsibility to the genocide convention – of which Australia is a signatory – in relation to the Israel-Gaza conflict and what its position on South Africa’s ICJ claim is.
A provisional ruling in favour of South Africa against Israel would require the Netanyahu government to reconsider its military operation in Gaza, which has killed more than 22,000 Palestinians since 7 October, according to Gaza’s health ministry.
Measures could include the immediate suspension of Israel’s operations in Gaza and the lifting of a blockade to allow humanitarian assistance and aid into the strip.
If such a ruling were made, Australia, and other OECD countries yet to reveal their position, would have to decide whether to accept the international court’s ruling, which arbitrates matters in line with the global rules-based order.
Only a handful of countries, including Malaysia, Turkey and Bolivia, have so far offered their support for South Africa’s case.
The US has spoken out against the claim, with the national security council spokesperson John Kirby describing it as “meritless, counterproductive, and completely without any basis in fact whatsoever”.
South Africa’s application accuses Israel’s acts and omissions in relation to Gaza as being “genocidal in character”, citing public comments made by top Israeli officials.
One example highlighted in the 84-page application is the Israeli defence minister Yoav Gallant’s reference to Palestinians in Gaza as “human animals”.
Another example referenced are comments made by Israeli president, Isaac Herzog, who said on 12 October it was “an entire nation out there that is responsible”, in reference to those in Gaza, and that Israel “will fight until we break their backbone”.
When asked whether the federal government had seen the comments detailed in the claim, a Dfat spokesperson said it had conveyed its concern to Israeli officials.
“Australia is concerned at remarks by any party that are provocative or inflame tensions,” the spokesperson said. “We have conveyed to Israeli counterparts our concern about such remarks on several occasions in the past and will continue to do so.
“While Australia has reaffirmed Israel’s right to defend itself, we have said consistently that the way it does so matters. We regularly press Israel on the need to respect international law and protect civilian lives.”
The opposition’s foreign affairs spokesperson, Simon Birmingham, told Guardian Australia on Friday that the Albanese government should rule out its support for South Africa’s “unbalanced” case.
“No country could live with the threat posed by Hamas to innocent civilians, which must be removed for both Israelis and Palestinians to have any hope of living peacefully alongside one another,” he said.
Independent ACT senator David Pocock has supported South Africa’s case, saying on Thursday he was “strongly supportive of the need for a credible and robust examination of Israel’s conduct under the Genocide Convention”.
A number of advocates in Australia are also urging the Albanese government to intervene and support the case.
Rawan Arraf, the head of the Australian Centre for International Justice, an independent not-for-profit legal centre, called on the prime minister, Anthony Albanese, the foreign affairs minister, Penny Wong, and the attorney general, Mark Dreyfus, to back the ICJ application in a letter on Tuesday.
The Australia Palestine Advocacy Network also announced that its national campaign pushing the Australian government to support the case had attracted almost 22,000 supporters in just two days.
Additional reporting by Daniel Hurst
