Australia must defend International Criminal Court
August 25, 2025
If it were China or Russia, the imposition of sanctions and threats of harm to prosecutors and judges of the International Criminal Court would be front page news in Australia.
The Australian’s headline writers and columnists, for example, would be apoplectic. Prime Minister Albanese, Attorney-General Michelle Rowland and Foreign Minister Penny Wong would issue the strongest possible warnings to those countries about consequences.
But, of course, that’s not happening because instead it is the US that is seeking to put the lives and well-being of the ICC’s staff in danger, the reasons the ICC has rightly issued arrest warrants against undoubted war criminals and genocide enablers such as Israeli Prime Minister Benjamin Netanyahu and his former defence minister Yoav Gallant.
This week, US Secretary of State Marco Rubio, purely a slavish appendage of the worst US president on record, Donald Trump, announced sanctions on two judges and two prosecutors at the ICC.
Rubio issued a statement calling the ICC “a national security threat that has been an instrument for lawfare” against the US and Israel. A statement that, no doubt, war criminals around the world will be applauding.
These are not the first attacks on the ICC. In February this year, Trump issued an order that said the US “will impose tangible and significant consequences on those responsible for the ICC’s transgressions, some of which may include the blocking of property and assets, as well as the suspension of entry into the US of ICC officials, employees, and agents, as well as their immediate family members, as their entry into our nation would be detrimental to the interests of the US".
The ICC was established in 2002 to administer the Rome Statute, the international law that governs war crimes, crimes against humanity, genocide and other crimes. Australia is a signatory, but the US and Israel have not signed up in the case of the former, and failed to ratify in the case of the latter, because they are, of course, leading nations when it comes to committing atrocities overseas and, in the case of Israel, within its own borders, through what many scholars say is a policy of apartheid inflicted on Arab Israelis.
So, despite the relatively muted interest in Australia today at the latest outrage against the international order by the corrupt thugs in the Trump Administration, what should the Albanese Government do?
Trump’s shielding of Netanyahu and his advisers from criminal proceedings through sanctions and threats to members of the court is akin to both aiding and abetting crimes under the Rome Statute and clearly threatening judges, prosecutors and court officials.
This means Australia should make it very clear, in very public terms, that this nation will not stand for conduct by a so-called ally, which is clearly running a protection racket.
Australia has long joined with the US and other allies in imposing sanctions on regimes around the world.
When it comes to Washington, those days are over. Sarah Dehm of UTS and Jessica Whyte of the University of New South Wales, writing in The Conversation in December last year, referenced Trump and Rubio’s thuggery towards the ICC among other sanctions outrages, and observed correctly that “Australian sanctions law and decision-making be reoriented towards recognising core principles of international law, including the right of all people to self-determination". Dehm and Whyte argue this “could be done through ‘a trigger mechanism’ that automatically implements sanctions in accordance with decisions of the International Court of Justice concerning serious violations and abuses of human rights".
What the Albanese Government could do immediately is make it abundantly clear that any person subject to an ICC arrest warrant would be detained if they set foot in Australia. This would obviously include Netanyahu and Gallant. And further, that Australia stands to contribute to protection for any ICC personnel.
Not only that, but given the Rome Statute is incorporated into domestic law in Australia via the Commonwealth Criminal Code, a warning should be given by Attorney-General Rowland that any person suspected of breaches of the Rome Statute could be prosecuted under Australian law if they visit this country.
What Australia could also do is make it mandatory, rather than discretionary, for the attorney-general to issue an arrest warrant if Netanyahu and others subject to ICC warrants came to this country.
As Oxford international law scholar, Australian Dane Luo, has observed, while Foreign Minister Wong has said in relation to the Netanyahu and Gallant warrants that “Australia will act consistently with our obligations under international law and our approach will be informed by international law, not by politics”, this should not be taken as an indication that Rowland would have them arrested.
The Trump administration must be told clearly Australia will not harbour international criminals. And while we are at it, tell Washington we are imposing economic, cultural, educational and other sanctions on Israel.
The views expressed in this article may or may not reflect those of Pearls and Irritations.