Pearls and Irritations

Some readers may recall an earlier article Israel and the Tour Down Under, published on 4 January. The article addressed the then forthcoming Santos Tour Down Under due to take place from 12 – 21 January. The cycling event, established in South Australia in 1999, is an annual event and part of the UCI (Union Cycliste International) World Tour.

The article drew attention to the fact that one of the teams due to participate was Israel-Premier Tech (PRT). It reported on attempts by the Australian Friends of Palestine Association (AFOPA) to persuade the South Australian Tourism Commission to exclude Israel-Premier Tech from participating. Those attempts at that time were unsuccessful.

So, what about 2025? The 2025 event is due to commence on 17 January. The writer is privy to the fact that AFOPA has again sought to have Israel-Premier Tech excluded. Is it likely to be successful this time round? Has anything changed?

The answer to that last question is most definitely “Yes”. What has happened is the publication by the International Court of Justice (ICJ) of its Advisory Opinion of 19 July 2024 confirming the illegal occupation by Israel of the Occupied Palestinian Territories, and the subsequent resolution of the UN General Assembly of 13 September, affirming the same.

How best to explain the impact of the ICJ opinion? Dr. Ralph Wilde, Professor of International Law, Faculty of Laws, University College London, published a legal opinion on 1 December addressing the legal consequences for “third States”, i.e. States other than Israel and Palestine, of the ICJ decision. For our purposes, it is sufficient to refer to the Executive Summary of the opinion.

Wilde documents the legal duties of third States to suppress Israel’s violations of international law. He asserts that certain positive obligations arise for third States, and he gives examples. One example is said to be – and I quote:

• “Take positive steps to ensure nationals, and other non-state actors, including companies and other legal entities under their jurisdiction, do not recognise the situation created by the illegal presence.
• This requires the following activities to be prohibited.:
• 1. All travel to Israel, including for the purposes of business, tourism, cultural and sporting events, education and other academic activities including research, university exchanges, conference attendance, employment, residents, service in the armed forces.
• 2. ………
• 3 All other forms of collaboration with Israeli state and Israeli entities, such as science and technology collaboration, sports games, cultural events, university exchanges and partnerships.”

(Emphasis added)

I am aware that this opinion has been brought to the attention of the Australian Government, and its various ministers. I am also aware that approaches have been made to other “non-state actors” who would breach the ruling of the ICJ by allowing Israel-Premier Tech to participate. Such actors include the South Australian Premier, Peter Malinauskas, the South Australian Tourism Minister, SANTOS, as a partner of the UCI World Tour, and Race Director Stuart O’Grady.
O’Grady is one “national” and “non state actor”. There are others, namely the Police Commissioner in South Australia, who would be condoning an illegal act in international law by allowing Israel-Premier Tech to take to the streets of South Australia. And there are other actors, including anyone who attended the event, thereby participating in it.

I call upon at least the following to come out and declare, if they intend to take no action to prevent the proposed illegality – why? The following are: the Prime Minister, the Foreign Minister, the Commonwealth Attorney General, SA’s Premier, SA’s Attorney General., the South Australian Tourism Minister, SANTOS, and Stuart O’Grady.

We all await your responses, and we note the urgency, given the 17 January date.

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