As the new Parliament returns this month, it is timely to ask just how many Australian parliamentarians need urgent instruction in international law and how it impacts on government decision-making which complies with the United Nations rules-based order developed by the efforts of so many nations since 1945.

Deputy Prime Minister Richard Marles paraded his knowledge of the global rules-based order in a speech to the Shangri La Dialogue in June 2024 repeatedly citing “the international rules-based order“ which, according to his interpretation, applies to Russian war crimes, but not to Israeli crimes against humanity in Gaza. This stark double standard has overwhelmed all rational debate in Australia where the majority of parliamentarians fail to understand international law, so they have little capacity to assess their responsibilities and inform national debate about the way in which international law is being undermined, risking future global security.

It is refreshing to see Tasmanian Independent Andrew Wilkie reminding his community in a local newspaper article “Australia must realise that international law doesn’t just apply to our enemies but to our allies as well”. It is rare to hear most parliamentarians speak about international law, as they lack knowledge and confidence. The Australian media knows little about how our government is an integral part of the international legal system so it is very easy to perpetuate the myth that overseas conflict is not our responsibility.

Penny Wong had the potential to be an independent foreign minister committed to our region and with the capacity to restore Australia’s reputation in international diplomacy. Unfortunately, she was redirected to follow old allies, never questioning the United States or Israel and meekly accepting the inevitability of being a junior follower of these powerful friends. Together with the prime minister and defence minister, Wong has failed to condemn an ally openly defying international law and becoming a pariah state which relies on violent illegal military occupation, starvation and killing of civilians to impose its political will.

In October 2023, it was appropriate for the Albanese Government to offer Israel sympathy after the Hamas atrocity and death of 1000 citizens. Yet, despite many months of genocidal targeting of Palestinians with the current loss of life approaching at least 58,000 civilians, we are yet to hear an Australian leader express any sympathy to the Palestinian people. The Netanyahu regime ignores international law daily, yet Australian leaders avoid any reference to how his reign of terror is systematically undermining the global rules-based order.

No doubt, future historians will eventually unravel the truth about this shameful period in Australian diplomatic relations. Official records will reveal that professional advice was given and ignored because emails and phone records will show who exerted influence on our government. Defence contracts will detail which locally based arms companies were complicit in genocide. Volumes of unanswered correspondence from civil society — if these have been retained — could detail the efforts of so many Australians to alert the government to its responsibilities during such a devastating humanitarian crisis.

How can our leaders avoid commenting on Israeli Government policies that have been the subject of extensive scrutiny and criticism by the United Nations, International Criminal Court and International Court of Justice? Whether supporting President Biden in 2023 and 2024 or avoiding conflict with President Trump in 2025, the Australian Government has consistently failed to address its responsibilities as a signatory to the Genocide Convention which was first signed in 1949 and incorporated in the International Criminal Court (Consequential Amendments) Act 2022, including genocide as a crime within our Commonwealth Criminal Code. While past Australian Governments have acted against genocide in Cambodia and East Timor, the Albanese Government has refused to publicly address Israel’s defiance of international law and humanitarian standards. While Netanyahu dares to criticise Australia for solitary criminal acts by individuals, our leaders are silent despite the scale of sanctioned Israeli Defence Force atrocities.

Prime Minister Albanese has tried to distance his government and the Australian community from the crisis in the Middle East, at the same time proudly rallying to offer military support to Ukraine. Just another blatant double standard implying Europeans are more worthy of support than those in the Middle East. One overseas crisis attracts his attention while another is pushed aside as being “distant from Australia“.

Over many months now any protest or criticism of the current Israel Government has been labelled antisemitic, but the Australian Federal Court has recently clarified the situation in the Lattouf v the ABC judgment:

“The ordinary reasonable listener would understand that not all Jews are Zionists or support the actions of Israel in Gaza and that disparagement of Zionism constitutes disparagement of a philosophy or ideology and not a race or ethnic group. Needless to say, political criticism of Israel, however inflammatory or adversarial is not by its nature criticism of Jews in general or based on Jewish racial or ethnic identity.”

As the new Parliament assembles on 22 July, our elected representatives need to listen to those Australians who have a far greater depth of understanding of international law than our current leaders who, by their public statements and inaction, are failing to show the strong leadership we expect. All parliamentarians have a responsibility to inform themselves about agreed international standards developed through United Nations processes over the last eighty years to prevent arbitrary lawlessness by individual states.

The views expressed in this article may or may not reflect those of Pearls and Irritations.