Opposition Leader Peter Dutton believes Israel鈥檚 leaders have been hard done by the International Criminal Court (ICC) and suggests Australia cut ties to show its solidarity.
Dutton has taken strong issue with ICC prosecutor Karim AA Khan announcing on May 20 that it was seeking approval for five arrest warrants in relation to the Israel-Hamas war.
They included Hamas chief Yahya Sinwar; the commander-in-chief of the Al-Assam Brigades, Mohammed Al-Masri; Ismail Haniyeh, head of the Hamas Political Bureau; Israeli Prime Minister Benjamin Netanyahu; and Israeli defence minister Yoav Gallant.
The measure was roundly condemned by Israel鈥檚 closest ally, the United States.
US President Joe Biden听听of Israeli leaders 鈥渙utrageous鈥. He claimed there is 鈥渘o equivalence 鈥 none 鈥 between Israel and Hamas鈥.
US lawmakers are debating steps to sanction ICC officials, while US Secretary of State Antony Blinken has promised to cooperate with any such measure.
Britain struck the same note. 鈥淭here is no moral equivalence between a democratically elected government exercising its lawful right to self-defence and the actions of a terrorist group,鈥澨齈rime Minister Rishi Sunak.
When asked if, in the event of the warrants being issued, he would comply with the ICC and arrest the individuals named, he replied: 鈥淲hen it comes to the ICC, this is a deeply unhelpful development 鈥 which of course is still subject to final decision.鈥
Australia, another close ally of Israel, has adopted a confused response.
Prime Minister Anthony Albanese听听journalists: 鈥淚 don鈥檛 comment on court processes in Australia, let alone court processes globally, that which Australia is not a party.鈥
Following that fudge, the Department of Foreign Affairs and Trade said: 鈥渢here is no equivalence between Israel and Hamas鈥.
Treasurer Jim Chalmers听:听鈥淭here is no equivalence between Hamas the terrorist organisation and Israel, we have it really clear in condemning the actions of Hamas on October 7, we have made it clear we want to see hostages released, and we want to see the Israeli response comply completely with international humanitarian law.鈥
顿耻迟迟辞苍听听a punchier formula, coming out firmly on the side of Israel and donning gloves against the ICC for its 鈥渁nti-Semitic" stance.
The PM had 鈥渟quibbed it鈥, Dutton said, adding that Albanese鈥檚 response had damaged Australia鈥檚 鈥渋nternational relationships with like-minded nations鈥.
鈥淭he ICC,鈥 顿耻迟迟辞苍听听on May 23, 鈥渟hould reverse their decision and the prime minister should come out today to call for that instead of continuing to remain in hiding or continuing to dig a deeper hole for himself.鈥
Dave Sharma, a Liberal MP and former Australian ambassador to Israel,听听Australia must examine 鈥渙ur options and our future co-operation with the court鈥 if the arrest warrants were issued.
He told听Sky News听that everything he had seen indicates that "Israel is doing its utmost to comply with the principles of international humanitarian law鈥.
Ron Dermer, Israel鈥檚 Strategic Affairs Minister and Observer of its War Cabinet, was delighted to hear Dutton鈥檚 views. 鈥淚 didn鈥檛 know the head of your opposition had said that,鈥 Dermer听听7.30, adding, 鈥淚 applaud him for doing it鈥.
Dutton and his conservative colleague are expressing an unintended, brute honesty about Australia鈥檚 troubled relationship with international law and human rights.
Despite being an enthusiastic signatory and ratifier of conventions 鈥 on paper 鈥 Canberra has tended, over the years, to ignore them when politically expedient.
The contempt, for instance, Australian governments have shown for protections guaranteed by the UN Refugee Convention (the 鈥渢urn back the boats鈥 policy; the concentration camps in sweltering Pacific outposts; and breaching the principle of non-refoulement) is plain for all to see.
On the subject of genocide, Australian governments听听to domestically criminalise it until 2002, despite ratifying the UN Genocide Convention in 1949.
As for the ICC itself, the John Howard Coalition government was wary about what it would actually mean for Australia鈥檚 sovereignty.
Despite eventually ratifying the Rome Statute establishing the court, the scepticism continued. Then-shadow foreign affairs minister Kevin Rudd听听that听鈥淛ohn Howard is neither Arthur nor Martha on ratification of the International Criminal Court鈥.
When he was home affairs minister, Dutton preferred to treat his department as an annex of selective law and order, indifferent to people鈥檚 rights and liberties.
For him, bodies like the ICC exist like a troublesome reminder that human rights do exist, and should be the subject of protection, even at the international level.
[Binoy Kampmark lectures at RMIT University.]