The following letter was individually sent to: Prime Minister Albanese, Foreign Minister Wong, Minister for Government Services Shorten, former Home Affairs Minister Clare O’Neil, Minister for Defence Marles, Minister for Home Affairs and Immigration Burke, Leader of the Opposition Federal Member for Dickson Dutton

Subject: Urgent Appeal to Comply with the International Court of Justice Ruling on the Occupation of the Palestinian Territory, 19 July 2024
 
Dear Prime Minister Albanese,
 
We write to you on behalf of Families for Palestine, a nationwide group established in November 2023, dedicated to empowering community voices, engaging in advocacy, and showing solidarity with Palestinians. Our group brings together families from diverse backgrounds and political spectrums who share a common belief: it is our moral responsibility and Australia’s obligation to uphold international law. We firmly assert that any support, whether verbal or financial, towards systems that enable the continued illegal occupation of the Palestinian Territory, contradicts this obligation. Furthermore, we believe that inaction and omission from our representatives amount to silent complicity in the ongoing military aggression towards Palestinian civilians and aid workers.

Families for Palestine, now thousands strong, have made numerous attempts to engage with your respective offices, including daily sit-in protests outside Prime Minister Albanese’s office in Marrickville. Despite these efforts, we have been consistently ignored and, at times, negatively portrayed in the media. This is incredibly disappointing, given many of us are members of your constituencies. Our commitment, however, remains unwavering. What began as a small group of mothers mourning the children murdered in this genocide has evolved into a substantial movement dedicated to those still living under apartheid.[1] This letter, then, serves as a renewed request for a meeting to discuss Australia’s compliance with the recent ruling of the International Court of Justice (ICJ). It is crucial to have an open dialogue about this pressing international issue and its implications for Australian foreign policy.

On 19 July 2024, the ICJ issued a landmark ruling regarding Israel’s presence in the Occupied Palestinian Territory. Although non-binding, this conclusive and unambiguous decision declared “Israel’s presence” since 1967 “in the Occupied Palestinian Territory unlawful”.[2] As such, the Court mandated that “Israel has an obligation to bring an end to its presence in the Occupied Palestinian Territory as rapidly as possible”.[3]
 
The ICJ’s decision determined that Israel’s settlement policy in the West Bank violates international law. The Court found that Israel had effectively annexed large parts of the West Bank, including East Jerusalem (formally annexed in1980). As legal consequences of these findings, the ICJ ruled that Israel must:
1. End its presence in these areas[4]
2. “Cease all new settlement activity”[5]
3. “Repeal all legislation and measures creating or maintaining the unlawful situation, including those which discriminate against the Palestinian people in the Occupied Palestinian Territory”[6]
4. “Provide full reparations for the damage caused by its internationally wrongful acts”[7]
 
Crucially, the court emphasised that all UN member states, including Australia, are “under an obligation not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the Occupied Palestinian Territory”.[8]Furthermore, member states must ensure the removal of any impediments “to the exercise of the Palestinian people of its right to self-determination”.[9]
 
In light of the ICJ ruling, we urge the Australian Government to take the following decisive actions:

1. Diplomatic and Economic Measures:
a. Formally condemn Israel’s unlawful occupation of the Occupied Palestinian Territory.
b. Implement comprehensive sanctions against Israel, including: diplomatic, economic and financial sanctions; a complete military embargo, halting all import, export, and transfer of weapons and military equipment; and, cessation of all military cooperation, including training, joint research, and investment.
c. Initiate a boycott and divestment of Australian funds from companies operating in or profiting from the occupation of the Occupied Palestinian Territory.
d. Advocate for Israel’s suspension from international organisations and events, including: supporting efforts to suspend Israel’s UN membership and privileges; and, campaigning for Israel’s suspension from international sporting events like the Olympics and FIFA tournaments.

2. Call for Immediate Israeli Action:
a. Demand an immediate halt to all new settlement activities.
b. Insist on the removal of settlers from the Occupied Palestinian Territory.
c. Urge Israel to make reparations for all damage caused to individuals and entities in the Occupied Palestinian Territory.

3. Support for Palestinian Rights:
a. Advocate for the repatriation of Palestinians exiled from the Occupied Palestinian Territory since 1948.
b. Actively support Palestinian efforts for self-determination.

4. Australian Legal Actions:
a. Review the actions of Australian dual citizens serving in the Israel Defence Forces (IDF), including condemning activities related to the occupation; investigating potential involvement in war crimes; and, taking appropriate legal action against those involved in illegal settlements. 
 
Furthermore, we remind the Australian Government of its obligations under international law, as highlighted by the ICJ ruling. The Australian public expects its government to:

1. Uphold International Legal Obligations:
a. Refrain from recognising as legal the situation arising from Israel’s unlawful presence in the Occupied Palestinian Territory.
b. Withhold any aid or assistance that maintains Israel’s illegal presence in the Occupied Palestinian Territory.

2. Respect UN Charter and International Law:
a. Take active steps to remove impediments to the Palestinian people’s right to self-determination, resulting from Israel’s illegal presence in the Occupied Palestinian Territory.
b. As a signatory to the Fourth Geneva Convention, ensure Israel’s compliance with international humanitarian law in relation to protection of civilians during armed conflicts.

3. Demonstrate Leadership:
a. Publicly affirm Australia’s commitment to upholding international law and the ICJ ruling.
b. Engage in diplomatic efforts to encourage other nations to comply with the ICJ ruling.
 
By taking these actions in compliance with the ICJ ruling, Australia stands to gain significant benefits. Our nation would reinforce its commitment to international law and human rights, positioning itself as a principled global leader with enhanced diplomatic influence, particularly in the Middle East. This demonstration of moral courage could inspire other nations to follow suit, creating a coalition for positive change. Economically, disengaging from companies involved in the occupation could redirect investments towards more ethical and sustainable ventures, with the potential to open new markets. Domestically, taking a clear stand on this issue would resonate with a significant portion of the Australian public, fostering unity around shared values of justice and human rights. Moreover, contributing to a just resolution of the Israeli-Palestinian conflict could help promote long-term stability in the region, benefitting Australia’s strategic and economic interests in the Middle East.
 
As Australia approaches the 2025 Federal Elections, the nation will be closely observing how its current and potential governments comply with the ICJ ruling and uphold its obligations as a UN member. The Australian public rightfully expects its government to respect international law and maintain its standing within the United Nations. They demand leadership that embodies moral integrity and humanity. There remains an opportunity for leaders of such calibre to demonstrate their commitment to the Australian public and act in the best interests of humanity.
 
Thank you for your time and consideration. We look forward to your response and the opportunity to meet and discuss these critical issues further.
 
Sincerely,
 
1. Families for Palestine Community Group (unceded Aboriginal land, NSW)
2. No Weapons for Genocide (Awabakal, Worimi and Wonnarua Country, NSW)
3. Newcastle Mums for Palestine (Awabakal and Worimi Country, NSW)
4. Teachers for Palestine (many Aboriginal and Torres Strait Islander Lands, QLD)
5. Northern Rivers Friends of Palestine (Bundjalung Country, NSW)
6. University of Technology Staff for Palestine Collective (Gadigal Land, NSW)
7. Muslim Votes Matter (Aboriginal lands all over ‘Australia’)
8. Nillumbik 4 Palestine (Wurundjeri William Country, VIC)
9. Greek Australians for a Free Palestine (on unceded Lands)
10. Mums for Palestine Meanjin/Magan-djin on the land of the Turrbal and Yuggera people (QLD)
11. Teachers and School Staff for Palestine (many First Nations lands, NSW)
12. Communist Students’ Collective (Awabakal and Worimi Land, NSW)
13. Muslim Women Australia MWA (Unceded lands)
14. Friends of Palestine (Rubibi/Broome, Yawuru/Djugan Country, WA)
15. Loud Jew Collective (unceded lands of the Kulin Nation, VIC)
16. Social Workers for Palestine Australia (Unceded lands)
17. Teachers and School Staff for Palestine (Naarm, VIC)
18. Jews for Palestine WA (Boorloo, WA)
19. Healthcare Workers for Palestine WA (Boorloo, WA)
20. Australia Palestine Mental Health Network (Unceded lands)
21. Health workers for Palestine CBR (Ngnunnawal country, ACT)
22. Central West for Palestine (Wiradyuri country, NSW)
23. Palestine Solidarity Gumbaynggirr (NSW)
24. Healthcare Workers for Palestine VIC (Naarm, VIC)
25. Tzedek Collective (on unceded Dharug and Tharawal Lands, NSW)
26. WSU4Palestine Collective, a collective of staff and students for Palestine at Western Sydney University – (unceded Darug Land, NSW) 
27. Welfare Alliance (Gadigal Land, NSW) 
28. Welcome Merchant (Wurundjeri Woi Wurrung, VIC)
29. Friends of Palestine Western Australia (Noongar Country, WA)
30. Tasmanian Palestine Advocacy Network (TPAN) (Lutruwita, TAS)

[1] Para 229, p. 64 Advisory Opinion: “the Court considers that Israel’s legislation and measures constitute a breach of Article 3 of CERD” on the most severe forms of racial discrimination: racial segregation and apartheid.
[2] Para 262, p. 72. Advisory Opinion.
[3] Para 267, p. 73. Advisory Opinion.
[4] Idem.
[5] Para 268, p. 73 Advisory Opinion.
[6] Idem.
[7] Para 269, p. 73 Advisory Opinion.
[8] Para 279, p. 76 Advisory Opinion.
[9] Idem.