Ed Husic took to the floor of parliament to deliver a statement during the adjournment debate last night, in light of Israel’s call up of reserve forces in its assault on Gaza. We have included it in its entirety so he can not be misinterpreted.

Let me state clearly, unambiguously at the start of this contribution:

Hamas is a terrorist organisation, what it did on October 7, 2023 is an abomination

Hamas should be held to account for its actions

All Israelis taken hostage by Hamas must be released immediately

I also want to state clearly and unambiguously:

Innocent Palestinians should be protected.

They should not being targeted by actions in Gaza

I made comments like this in this House back in October 2023 and I have expressed similarly, repeatedly, since the horrific events of October 7. And since then, I’ve stressed we should be conscious of the humanity of others.

My stance has been utterly consistent and steadfast.

But it’s gotten stronger when I’ve witnessed the suffering of the innocent, the starvation of kids.

Starvation should not be used as a weapon against civilians.Civilians, aid workers and journalists should be off limits

It’s just wrong and we can’t turn away from that. And this has remained the case even as the supporters of a foreign government – here and abroad – have consistently sought to deny, deflect or outright misrepresent my position and those who share my views about preserving and protecting innocent life.

They do that because it’s easier than confronting the morally challenging reality that: 63,000 Palestinians have been killed as a result of the

Netanyahu governments actions since October 2023

Nearly 70% of those killed are women and children

There are more child amputees and orphans in Gaza per capita than anywhere else in the world.

I think it’s important for the Parliament to note:

The ICJ believes its plausible that that the acts of the Netanyahu government could amount to genocide. The Convention on the Prevention and Punishment of the Crime of Genocide requires countries – including ours – to take steps to prevent genocide, not just punish it, the Netanyahu government is planning to seize control entirely of Gaza City.

It is also mobilising recruits to join the IDF and that there is resistance to this from within Israel itself.

In these circumstances it’s not unrealistic to expect that dual nationals from our country may be called to serve in the IDF.

We should be sending a clear message: please don’t join.

Some dual nationals have already left Australia to join the IDF, prompting concerns in civil society.

For example, three months ago, the Australian Centre for IInternational Justice wrote to the Ministers for Foreign Affairs and Home Affairs, plus the AFP, asking that we send unambiguous public warnings about the legal implications of joining IDF actions in Gaza.

The ACIJ emphasised it was troubled by statements from Netanyahu government officials highlighting an intent to pursue the “systemic and widespread transfer” and deportation of Gazans from territory in which they lawfully live.

Why’s that an issue?

Because it’s a crime against humanity, Specifically the deportation or forcible transfer of population, as defined in the Rome Statute of the International Criminal Court (ICC) and is an offence under our own Criminal Code Act.

We don’t need Australians placed in a position where they witness, abet or participate in what will likely be deemed a genocide.

I’m also be concerned about the impact of trauma on those returning after witnessing what they would have in Gaza.

I note in the Australian today ANU Professor Donald Rothwell stated: “Because it’s such a high-level political crime, I would find it most unlikely… individual soldiers who are members of the IDF could rarely be held responsible individually for genocide.”

However, a counter-weight to this position is the ACIJ view that any Australian participating in action in Gaza, risks being held liable via what they state are “a number of modes of liability, including as direct perpetrators, as well as aiding and abetting through the provision of logistical, material or operational support.

”They also highlight that the International Criminal Tribunal for the Former Yugoslavia previously considered “even lower ranking individual soldiers can potentially be held responsible for the crime against humanity of forcible transfer, notwithstanding any attempt at utilising a ‘superior orders’ defence.“

I’d urge our government to send a clear statement surrounding the risks of participating in IDF actions in Gaza.

It’s a prudent act to guide Australians out of harms way.

I’d also urge our government to consider reforming our laws to prevent dual nationals joining a foreign force, in cases where a body with the weight of the ICJ believes plausible genocide could be occurring in a part of the world where that foreign force is operating.

Both of these steps are actions we can take or begin to take right now.

They’re sensible, measured steps that would be welcomed by fair minded people, who believe we should do what we can to end the tragedy we’ve witnessed for far too long.

T