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MEDIA RELEASE


Tuesday, 16 July 2024

A recent Article 15 Communication submitted by Birchgrove Legal to the International
Criminal Court citing the complicity of Australian leadership in the plausible genocide
in Gaza has been formally included in the official investigation.


In early March, Australian Prime Minister, Anthony Albanese was referred to the
International Criminal Court as an accessory to genocide, making him the first leader
of a Western nation to be referred to the ICC under Article 15 of the Rome Statute.
In personalised correspondence received this week, the Office of the Prosecutor –
International Criminal Court (OTP-ICC) advised Birchgrove Legal that the 92-page
document, which was endorsed by more than one hundred Australian lawyers and
barristers, had been added to the evidence gathered as part of the ICC’s
investigation into the Situation in the State of Palestine and transmitted to relevant
staff members for further review.


The initial communication, which was headed by King’s Counsel Sheryn Omeri, also
implicated other senior members of the Australian Parliament with direct reference to
the actions and decisions of Foreign Minister, Penny Wong and the Leader of the
Opposition, Peter Dutton.


Ms Omeri KC said the addition of the Birchgrove Legal communication by the OTPICC to the on-going investigation was a significant step towards holding those responsible to account and achieving justice.

“These cases demonstrate a growing desire on the part of Western civil society to
ensure that their governments do not assist in the perpetration of international
crimes,” Ms Omeri KC said.

“The International Court of Justice has already recognised the possibility of genocide
in Gaza in the actions of Israel in response to the events of 7 October.

“As set out in the communication to the ICC, over the last 10 months Australian
leadership has failed to attempt to dissuade their Israeli counterparts from
committing war crimes in Gaza and, it appears, have continued to participate in the
provision of fighter jet parts to Israel.

“The Article 15 communication specifically invites the Prosecutor to investigate
Australia’s arms exportation to, and intelligence sharing with, Israel. The Australian
government has been less than forthcoming with its citizens about these matters.

“This, coupled with the permanent displacement of more than 2.3 million Gazans, the
deliberate starvation of the entire population and the arbitrary arrest, imprisonment
and torture of doctors, nurses, civil service workers, as well as women and children
make a compelling case of complicity in genocide.”

Principal solicitor at Birchgrove Legal, Moustafa Kheir, said the OTP invited
Birchgrove Legal to make additional submissions to support the communication.

“Australian resources have supported grave atrocities across the Gaza strip. We
have documented each of these and fully intend to add our evidence to the existing
communication to further assist the Prosecutor,” Mr Kheir said.

“As lawyers, we consider that this communication tests the strength of international
law to hold all leaders, including Western leaders, to account where national law
fails. We will continue to do what we can within our remit to fight this gross injustice.”

ENDS

MEDIA CONTACT:
info@birchgrovelegal.com.au