Prominent justice advocates in Australia have formally requested that federal police investigate Israeli President Isaac Herzog for alleged incitement to genocide. This request comes ahead of Herzog’s anticipated visit to Australia, a trip that follows an invitation from Prime Minister Anthony Albanese. The invitation was extended in the wake of the Bondi terror attack, an event that has deeply affected the Australian Jewish community.
Rawan Arraf, executive director of the Australian Centre for International Justice (ACIJ), emphasized the gravity of the allegations against Herzog. “At a time when the federal government is criminalising hate speech, a person who is alleged to have incited hate to commit the ultimate crime — genocide — must not be allowed to enter Australian territory without facing accountability for these serious allegations,” Arraf stated.
Background and Context
Last year, a United Nations Human Rights Council special commission of inquiry into the conflict in Gaza concluded that Israel was committing genocide. The commission cited comments made by Herzog following the Hamas attack on October 7, 2023, as evidence of genocidal intent. Herzog had remarked, “It’s an entire nation out there that is responsible [for October 7]. It is not true, this rhetoric about civilians who were not aware or not involved. It is absolutely not true,” on October 13, 2023.
These comments have been included in South Africa’s genocide case against Israel, currently before the International Court of Justice. Herzog has denied the allegations, asserting that his statements were taken out of context, a stance echoed by the Israeli government.
Political Reactions and Legal Implications
In response to inquiries about Herzog’s visit, the Department of Prime Minister and Cabinet referred to comments made by Prime Minister Albanese shortly before Christmas. Albanese described the visit as an opportunity for Herzog to “honour and remember victims of the Bondi antisemitic terrorist attack and provide support for Jewish Australians and the Australian Jewish community.”
The ACIJ’s request for an investigation coincides with the recent passage of laws criminalising the incitement of politically motivated or communal violence, a legislative move prompted by the Bondi attack. These laws introduce new penalties for hate preachers and leaders advocating violence.
Foreign Minister Penny Wong expressed her support for Herzog’s visit, stating it was a “good thing” and an important signal of the strong relationship between Australia and Israel, as conveyed by members of the Jewish community.
Community and International Reactions
Despite governmental support, critics such as the Australia Palestine Advocacy Network (APAN) have condemned the invitation, describing it as a “grave moral failure” and a “direct insult” to those opposing Israel’s military actions in Gaza. Conversely, Alex Ryvchin from the Executive Council of Australian Jewry argued that Herzog’s visit would “lift the spirits” of survivors and families affected by the Bondi attack and help mend bilateral relations.
Ryvchin emphasized the historical alliance between Australia and Israel, stating, “Australia and Israel have been historic allies, and as Jewish Australians, we want to see a strong relationship between the two countries.”
Legal Challenges and Head of State Immunity
Foreign leaders are generally protected under head of state immunity, a legal doctrine that shields them from prosecution in foreign jurisdictions. However, the ACIJ contends that this immunity should not apply to Herzog due to the severity of the allegations against him. “No person, a head of state or otherwise, should be immune from facing accountability for such serious and credible allegations,” Arraf argued.
The ACIJ also posited that claims of immunity should not prevent the Australian Federal Police (AFP) from conducting preliminary investigations. The AFP has not commented on the request for an investigation or the issue of immunity.
“By allowing Herzog to enter Australia without an AFP investigation of the crimes being alleged against him, the Australian government is not only showing a blatant disregard for its international legal obligations, but also its own domestic law,” Arraf said.
The request for an investigation was made jointly with Al-Haq, a Palestinian legal group. Shawan Jabarin, Al-Haq’s general director, highlighted the broader implications of unchecked racial hatred, stating, “Genocide could not happen in a vacuum. Racial hatred is incited and permitted to propagate with impunity, to the point of mass killing and annihilation. We call on Australia to arrest, investigate and prosecute President Herzog.”
As the debate continues, the Australian government faces mounting pressure to balance its international legal obligations with diplomatic relations, while addressing the concerns of various community groups within the country.
