Legal groups are urging Australia to investigate Israeli President Isaac Herzog for alleged incitement to genocide.

Australian and Palestinian legal organizations have called on Australian authorities to investigate Israeli President Isaac Herzog for incitement to genocide ahead of his expected visit to Australia in February.

The request was submitted by the Australian Centre for International Justice (ACIJ), in coordination with Palestinian legal group Al-Haq, urging the Australian Federal Police (AFP) to open an investigation into statements made by Herzog following the Hamas-led attack of October 7, 2023, according to Anadolu.

In a statement, ACIJ Executive Director Rawan Arraf said it would be unacceptable for Herzog to enter Australia without accountability for what she described as serious allegations of international crimes.

“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 said, adding that “there is a compelling basis for the AFP to commence an investigation.”

International and Domestic Legal Obligations

Arraf said Australia has binding obligations under international law, including the Genocide Convention and the Rome Statute of the International Criminal Court, to investigate and prosecute genocide and incitement to genocide.

“Australia has both the legal authority and responsibility to act,” she said, warning that failure to do so would place Australia in breach of its international commitments as well as its own domestic law, under which incitement to genocide constitutes an offence against the Commonwealth.

The ACIJ said it has not yet received a response from the Australian government.

The legal request follows findings by a UN Human Rights Council special commission of inquiry, which last year concluded that Israel was committing genocide in the Gaza Strip. The commission cited statements by senior Israeli officials, including Herzog, as evidence of genocidal intent, according to ABC Australia.

Among the remarks referenced was a statement Herzog made on October 13, 2023, days after the Hamas attack.

“It is an entire nation out there that is responsible,” Herzog said. “It is not true, this rhetoric about civilians who were not aware or not involved. It is absolutely not true.”

The statement has been included in South Africa’s genocide case against Israel before the International Court of Justice. Herzog has denied the allegations, saying his comments were taken out of context. Israel has rejected accusations of genocide.

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Invitation Following Bondi Beach Attack

Herzog was invited to Australia by Prime Minister Anthony Albanese following the Bondi Beach attack last month, which killed 15 people and injured 42 others. According to ABC Australia, Albanese said the visit would provide an opportunity for Herzog to honor the victims and support the Australian Jewish community.

Foreign Minister Penny Wong also defended the invitation, saying it was an important signal of Australia’s relationship with Israel.

The invitation has drawn criticism from rights groups and pro-Palestinian organizations. The Australia Palestine Advocacy Network (APAN) described the move as a “grave moral failure” that would further divide the community.

By contrast, Alex Ryvchin of the Executive Council of Australian Jewry said the visit would “lift the spirits” of survivors and families affected by the Bondi attack and help mend bilateral relations, according to ABC Australia.

While foreign leaders are typically protected by head-of-state immunity, the ACIJ argued that such protections should not apply in cases involving serious international crimes.

“No person, a head of state or otherwise, should be immune from facing accountability for such serious and credible allegations,” Arraf said, adding that immunity claims would not prevent the AFP from undertaking preliminary investigative steps.

The AFP declined to comment on the request or on the issue of immunity.

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Joint Call with Al-Haq

The request was submitted jointly with Al-Haq. Its general director, Shawan Jabarin, said genocide does not occur in isolation but is preceded by incitement and dehumanization.

“Racial hatred is incited and permitted to propagate with impunity, to the point of mass killing and annihilation,” Jabarin said.

“We call on Australia to arrest, investigate and prosecute President Herzog,” he added.

As Herzog’s planned visit approaches, legal advocates say Australia faces growing pressure to reconcile its diplomatic decisions with its obligations under international and domestic law.

(ABC Australia, Anadolu, PC)