Arrest Herzog for war crimes, says UN Commissioner Sidoti

“Israeli President Herzog should be arrested on arrival [to Australia] UN Commissioner Chris Sidoti called MWM “for incitement to genocide”.

Australia invited a president accused by the United Nations of inciting genocide. So what happens now?

When the Albanian Government quietly confirmed that Israeli President Isaac Herzog would visit Australia from 8 to 12 February, it framed the trip as routine diplomacy. A ceremonial head of state, a formal invitation, business as usual.

But that framework collapses the moment Herzog steps off the plane, according to one of Australia’s most senior international human rights lawyers.

“There is both a legal scope and a moral duty to arrest Isaac Herzog on arrival,” Chris Sidoti said in a live Youtube interview on The West Report. “The law is not beyond doubt [on immunity for ceremonial heads of state].”

Sidoti is not a fringe activist. He is the former Australian Human Rights Commissioner and current member of the UN Independent International Commission of Inquiry into the Occupied Palestinian Territories, including East Jerusalem and Israel. The commission found Herzog responsible for inciting genocide, a crime under both international law and the Australian Criminal Code.

Immunity claim collapses

The government’s implied defense is familiar; Herzog is a head of state, and heads of state enjoy immunity.

Sidoti says the principle is no longer absolute.

“In the past, it was traditional for heads of state to have immunity when traveling,” he said. “But this old principle is slowly collapsing. Many international lawyers now argue that the immunity of the head of state is valid.”

It does not apply to atrocity crimes.”

These crimes include genocide, war crimes and crimes against humanity. Incitement to genocide falls squarely into this category.

“Our commission of inquiry found that Israeli President Herzog was responsible for inciting genocide,” Sidoti said. “This means that head of state immunity does not apply to him when he visits Australia.”

This finding is not based on Herzog’s role in military decision-making. Sidoti is clear that the Israeli presidency is largely ceremonial and in some ways comparable to the Governor General of Australia.

“Therefore, we have not found that he is responsible for war crimes or crimes against humanity,” he said. “But this does not exempt him from actions for which he is personally responsible. This is where the incitement to genocide comes into play.”

“The whole nation is responsible”

The commission’s finding is based on Herzog’s own words.

Following the Hamas attacks on October 7, 2023, Herzog openly blamed the entire civilian population of Gaza, saying, “It is the entire nation that is responsible.”

“And in the context of ongoing debates in Israel, his long statement constituted, in our view, an incitement to genocide,” Sidoti said.

“The fact that he is a ceremonial head of state does not absolve him of responsibility for the words he personally speaks.”

And Australian Criminal Code

Under Australian law, inciting genocide is not just an international crime.

This is a domestic crime.

“There are provisions in our Penal Code covering the crime of incitement to genocide,” Sidoti said. “So this is not just an international crime, it’s an Australian crime.”

Arrest warrants and disturbing precedents

There is currently no public arrest warrant for Herzog from the International Criminal Court. This was used to eliminate controversy.

Sidoti says that’s beside the point.

“So he may be subject to an ICC arrest warrant. And if that is the case, the Australian Government has a legal obligation to arrest him as soon as he lands in this country. But if there is no arrest warrant, then in my view that is an obligation under international law, customary international law, and an obligation to enforce the Australian Crimes Act.”

He pointed to a precedent. When the former president of Sudan traveled to South Africa subject to an ICC order, South African courts ruled that his status as head of state did not protect him from arrest.

“He escaped before he was arrested,” Sidoti said. “But the legal principle was very clearly established.”

Immigration Act option

Even before his arrest, he had another tool that the Australian Government did not explain why he was not using.

“We now have very strong provisions in our immigration law,” Sidoti said. “The Home Secretary may refuse entry or cancel visas on character grounds.”

“This guy doesn’t meet the character test, no matter how you put it.”

This raises a simple question that the government has not answered: Why is Herzog allowed to come?

Genocide still continues

Legal debate does not occur in a vacuum.

According to figures acknowledged by the Israeli army itself, at least 75,000 Palestinians have been killed and identified. Sidoti says this figure is minimal.

“It is estimated that there are at least 100 thousand people under the rubble. There are also unidentified bodies that were not taken to the hospital or morgue and were buried by their families. We have no idea how many of them there are.

“There are also people buried by their families without being identified, and there are many secondary deaths due to starvation, disease and lack of medical care.”

Despite claims of a ceasefire, Sidoti rejects the term.

“The most accurate definition is to reduce the fever,” he said. “Some days it’s lower, some days it’s very high. On Friday alone, 30 people were killed.”

“This is about the same as the average daily civilian death toll in Ukraine, where there was no ceasefire at all.”

So what happens if it lands?

innocent until proven guilty

Sidoti is careful not to declare his guilt.

“I’m not saying he’s guilty,” he said. “This will be decided by the court. However, there is sufficient evidence to warrant investigation and prosecution.”

In practical terms, this could mean being refused entry, being detained for questioning, or being arrested by the Australian Federal Police.

“He should be met at the airport,” Sidoti said. “He should be detained for questioning and, if there is sufficient evidence to prosecute, he should be tried.”

A political decision with legal consequences

Sidoti believes that the invitation itself was a mistake made following traumatic domestic events, but one that can still be reversed.

crazy mistake

“This is a crazy mistake,” he said. “And the Prime Minister needs to change course. It is not too late to withdraw the invitation.”

It is an open question whether the Albanian Government will face legal liability in the future for inviting Herzog. Sidoti says he has not assessed this risk yet.

But the broader problem is already clear. Australia cannot assert its commitment to international law while selectively suspending it for diplomatic convenience.

If incitement to genocide is a crime, the problem is no longer theoretical.

To whom does the law actually apply?

you can watch full video here.

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Australia, International Law and Armed Conflict – What are our obligations?

Thursday, March 12, 2026, starting at 18.00, followed by a light dinner

Harold Lobb Concert Hall, Newcastle Conservatorium