Aiding and abetting and war crimes
Sep 16, 2024
The participation of four Israeli arms companies in the Land Forces International Land Defence Exposition in Melbourne is a clear instance of the Australian Government aiding and abetting the commission of an ongoing war crime in Gaza.
Their participation is clear evidence of Australia’s contempt for the ICC rulings and the foundations of the UN. The UN genocide convention establishes a duty on state parties to take measures to prevent and to punish the crime of genocide, including by enacting relevant legislation and punishing perpetrators, “whether they are constitutionally responsible rulers, public officials or private individuals”.
The participation of Elbit Systems Ltd, Fibrotex Technologies Ltd, Rafael Advanced Defence Systems Ltd and UVision Air Ltd in the Land Defence Expo is the equivalent of Winston Churchill in 1944 inviting Messerschmitt AG and gas developer Tesch and Stabenow to exhibit their weapons for potential purchase by the allies.
The same argument can be applied to the participation of US weapons companies, although their participation in the Gaza war crimes remains a careful arm’s length supply of munitions. Israeli companies are directly involved in equipping the troops who are committing, photographing and distributing evidence of their war crimes on social media platforms.
The evidence cannot be ignored.
The UK, home of the term aid and abet, has become uneasy about its continued complicity in the atrocities in Gaza. In September, it suspended 30 arms export licences to Israel because of a “clear risk” they may be used to commit or facilitate a serious violation of international humanitarian law.
Canadian Minister Joly says Canada will block the proposed General Dynamics sale of ammunition to Israel routed through the United States.
Quick to follow the US lead and impose sanctions on other countries, Australia shows no inclination to follow the lead taken by the UK and Canada. Israeli participation in the Land Defence Expo has been both welcomed and facilitated with visas. Compliance with UN obligations requires the blocking of these visas. Whilst Australia is quick to refuse visas to victims trapped in Gaza, they have not moved to stop visits by Israeli arms companies.
The Australian Government was quick to sanction universities for failing to address antisemitism, but is oblivious to any need to impose sanctions on Israel in response to ongoing evidence of war crimes on social media and media reporting. In particular, it should have imposed sanctions on the four Israeli companies visiting Melbourne.
Prime Minister Anthony Albanese, Minsters Richard Marles, Penny Wong and others are more concerned about hurting the feelings of one group of people than the emotional impact on the more than 40, 000 people, mostly civilians, killed by Israel’s ground and air campaign.
The US continues to doggedly ignore the rulings of the UN and the International Criminal Court, imposing sanctions on ICC officials.
In May, more than 30 UN expert officials expressed utter dismay over statements made by United States and Israeli officials threatening to retaliate against the ICC, its officials and members of their families.
As a supplier of weapons and support, the US goes beyond aiding and abetting to enabling the commission of war crimes. Quick to warn others not to supply weapons to Hamas, the United States blatantly ignores its own role in supplying ordinance that enables the slaughter of women and children in Gaza.
The American arms industry is so deeply and seamlessly embedded in the Australian defence economy that sanctioning its participation in the Land Defence Expo is nigh-on impossible and certainly unthinkable. This sanctions’ exception has also been extended to the four Israeli company exhibitors.
Australia’s failure to take appropriate action to comply with its UN obligations in relation to Israeli companies directly involved in the Gaza genocide has further undermined its moral authority in its engagement with the Pacific and with Asia. The unhindered participation of four Israeli arms companies in the Land Defence Expo shows tacit support for, and complicity in, Gaza war crimes. Australia’s failure to condemn or apply sanctions is a failure to support the ICC and the UN. The lack of action further destroys the pretence that Australia supports anything other than a global order where responses are dictated by the United States.
The participation of the four Israeli companies goes beyond complicity. Australia is aiding and abetting these companies involved in the commission of war crimes. The failure to, at the very least, deny visas stands in direct defiance of Australia’s obligation to the United Nations genocide convention.
Daryl Guppy
Daryl Guppy is an international financial technical analysis expert. He has provided weekly Shanghai Index analysis for mainland Chinese media for more than a decade. Guppy appears regularly on CNBC Asia and is known as "The Chart Man". He is a former national board member of the Australia China Business Council. The views expressed here are his own.
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