All UN member states, including Australia, have been urged by the commission to not only stop the genocide but also hold those accountable. Experts argue that these recommendations sketch a path for Australia to take bolder actions, such as imposing stricter sanctions, though it’s uncertain if the government will follow through.

Navi Pillay, chair of the UN commission of inquiry, noted that “genocide is occurring in Gaza and continues unabated.” Source: AAP / Yousef Al Zanoun

Caitlin Reiger, CEO at the Human Rights Law Centre, said it is the “strongest call so far” from the UN that Israel is committing genocide.

Genocidal intent

Israel has denied prior accusations of employing a scorched earth policy, understood as a military tactic that involves annihilating resources useful to the enemy, including agriculture and infrastructure.

Ben Saul, an international law expert at the University of Sydney and UN special rapporteur on human rights and counter-terrorism, highlighted that the UN commission’s report “activates the duty on all countries to take feasible measures to prevent genocide from occurring.”

Does Australia have an obligation to act?

“What the report is calling on us to do is to stop sending that material,” she said.

Saul also says that Australia can push for stronger action at the upcoming UN General Assembly in New York.

“For instance, Australia could join the genocide case against Israel at the ICJ, or increase its support to the International Criminal Court. Numerous avenues are available for Australia to pursue.”

What happens if we fail to meet the obligations?

Israel, along with the US, has opted out of engaging with the Human Rights Council, standing firmly against the findings of the recent report. Source: AAP / Salvatore Di Nolfi

McIntyre points to a case brought to the ICJ from Nicaragua against Germany over its military support of Israel. The case was ultimately rejected by the court, but it shows that states could be held accountable in international forums in the future.

“Having contributed in some way to the commission of the genocide against the Palestinian people is, you know, shameful. And I think will have consequences for governments domestically as well. You know, they will not be voted back into office,” McIntyre said.

Political response

Opposition foreign affairs spokesperson Michaelia Cash said that Israel has the right to defend itself from terrorism, but that it must comply with international law.