Senator Steele-John – Estimates questions regarding whether the Government is supportive of the ICC’s investigations into the situation in Palestine, and whether it has jurisdiction; and Mohammad El Halabi’s case

October 26, 2023

I have a question of clarification. Notwithstanding that you have taken on notice the question of whether the current government is supportive of the ICC prosecutor’s investigations in relation to the situation in Palestine, is it the government’s position that the court has jurisdiction to investigate such matters?

Senator STEELE-JOHN: I have a question of clarification. Notwithstanding that you have taken on notice the question of whether the current government is supportive of the ICC prosecutor’s investigations in relation to the situation in Palestine, is it the government’s position that the court has jurisdiction to investigate such matters?

Ms Adams : I think we will take it on notice as part of the original question.

Senator STEELE-JOHN: The reason I ask it here is that I’m following the foreign minister’s lead in having asked the same question in, I think, February 2020 of the Department of Foreign Affairs and Trade.

Senator Wong: Did I get an answer?

Senator STEELE-JOHN: Yes, you did, from Mr Larsen.

Senator Wong: The advice I have from the department is that they need to take it on notice, so we are going to take it on notice.

Senator STEELE-JOHN: So you can’t tell the committee today whether—

Senator Wong: No.

Senator STEELE-JOHN: the government believes—

Senator Wong: Senator Steele-John, please. We’re entitled to take—

Senator STEELE-JOHN: It’s actually quite a simple question.

Senator Wong: You think it is.

Senator STEELE-JOHN: It is.

Senator Wong: It’s not as simple as you think it is.

Senator STEELE-JOHN: It is a simple policy question.

Senator Wong: We are entitled to take it on notice and that’s what we have done.

CHAIR: Correct. Thank you, Minister.

Senator STEELE-JOHN: Turning to the case of Mohammad El Halabi, has the government made representations concerning the delays in Mr El Halabi’s appeal hearings to the State of Israel?

Ms Adams : I will take that on notice. I don’t have the staff here at the moment.

Senator STEELE-JOHN: Okay. Can you also take on notice how many times the department has been in contact with Mr El Halabi’s family. Is somebody here that can answer that question? When was the last time the department had contact with—

Ms Adams : I don’t know; I’m sorry. I’ll take it on notice.

Senator STEELE-JOHN: Mr Gerard, are you able to enlighten us?

Mr Gerard : No. I will have to take that on notice.

Senator STEELE-JOHN: Could you also take on notice the number of communications you’ve received from Mr El Halabi’s family in relation to the case. Just finally, would the government be supportive of the ICC conducting investigations into the events in Israel and Palestine since 7 October? We have war crimes committed by Hamas. We have war crimes committed by the State of Israel. Surely this is what the ICC was created to investigate, Minister.

Ms Adams : We’ll take the question on notice.

Senator STEELE-JOHN: Fascinating. Thank you, Chair.

CHAIR: You’ve done an excellent job. We’re ahead of schedule. On that note, I think you’ll all be pleased to break early.

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