Former Chair of the UN Commission of Inquiry on the Occupied Palestinian Territory, Judge Navi Pillay has warned that Australia risks complicity in genocide if we fail to act on Israel’s assault on Gaza, Stephanie Tran reports.
Speaking at the National Press Club, the former UN High Commissioner for Human Rights reiterated calls for the Australian government to fulfil its obligations under international law in light of the findings of the UN Commission of Inquiry on the Occupied Palestinian Territory which concluded that Israel’s actions in Gaza meet the threshold for genocide under international law.
‘We are all witnesses to the carnage’
Pillay stressed that every government, including Australia’s, had witnessed the livestreamed atrocities in Gaza unfold in real time and could not claim they “didn’t know” what was happening.
“We are all witnesses to the carnage in real time on our TV screens…. 65,000 Palestinian civilians [have been] killed, including women and children and it was all shown live on our TV sets, so nobody can say we didn’t know what was happening. No Australian parliamentarian could say we didn’t know what was happening. That was the defence the Nazis put up. …That is what some South African whites said.”
The veteran jurist, who presided over the International Criminal Tribunal for Rwanda, said the Commission’s findings were based on verified evidence collected over the past two years. Pillay said that in determining whether Israel had genocidal intent, the panel implemented the legal test established by the International Court of Justice, that genocidal intent is the “only reasonable inference” from the facts.
“We followed UN rules, and we followed the test for genocidal intent. … It must be the only reasonable inference from the acts themselves.”
In September, the Commission concluded that genocidal intent was “the only reasonable inference” from Israel’s conduct, pointing to the military’s use of heavy munitions in densely populated areas, the systematic destruction of cultural and religious sites, and repeated defiance of International Court of Justice (ICJ) rulings ordering provisional measures.
The report also found that Israeli authorities committed four of the five genocidal acts defined by the Genocide Convention, namely killing, causing serious bodily or mental harm, deliberately inflicting conditions of life calculated to bring about the destruction of the Palestinians in whole or in part, and imposing measures intended to prevent births.
Australia’s obligations under the Geneva Convention
Pillay criticised Australia’s muted response to the Commission’s finding that Israel has committed genocide in Gaza.
“Under the Genocide Convention, every state… has the legal obligation to prevent the commission of genocide, to deal with the commission of genocide, and to protect against genocide.”
She called on the Australian government to define and publicise its policy on genocide prevention, warning that the government’s maintenance of ties to entities complicit in the genocide could leave it open to prosecution.
“Be careful what you’re doing,” Pillay said.
“You may one day face charges of complicity in genocide.”
Her comments come amid growing pressure on the Albanese government over Australia’s defence ties with Israel, via the F-35 program and contracts with Israeli weapons manufacturers.
UN Commission puts world on notice – Israel is committing genocide in Gaza