Supporting ‘illegal aggression’ against Iran ‘the worst thing’ Australia could do, international law experts say | Australian foreign policy
International law experts have criticized Australia for “returning” and supporting Israel and the US’s illegal attack on Iran.
Foreign Minister Penny Wong endorsed the new war, saying “Australia supports actions that will prevent Iran from acquiring nuclear weapons and prevent Iran from continuing to threaten international peace and security.”
When Wong and prime minister Anthony Albanese confirmed the bombings ordered by Benjamin Netanyahu and Donald Trump, they also cited the 2024 attacks in Melbourne and Sydney by Iran’s Islamic Revolutionary Guard Corps.
Australia has expelled Iran’s ambassador and designated the IRCG as a state sponsor of terrorism over anti-Semitic attacks in 2024, including the Adass Israel synagogue bombing.
But University of Sydney professor and United Nations special rapporteur Ben Saul said the reasoning was flawed.
He told Guardian Australia on Sunday that the attack on Iran was “a clear violation of the prohibition on the use of force under the UN charter and international law, which has been a cornerstone of the international order since 1945”.
“Domestic criminal acts, such as the Revolutionary Guard intervention here, are of course not armed attacks that would somehow justify military self-defense against Iran.
“You may not like Iran, you may not like what they are doing, but that does not justify an aggressive armed attack against Iran.”
Saul said countries like Australia and Canada should force the United States to respect international law.
“It’s hard to stop a superpower, but if middle powers and other coalitions of states increase the political cost to the United States by pushing back hard every time they break the law, that makes it much harder for the United States to get away with it in future cases.
“When countries like Australia turn down and support such illegal attacks, that is the worst thing in terms of contributing to the erosion of international law.”
Donald Rothwell, professor of international law at the Australian National University, said the weekend attack on Iran was not justified based on publicly available information.
“There is no basis for exercising the right of self-defense under the UN charter, nor is there any UN Security Council resolution authorizing the use of force to intervene in Iran,” he said in a statement on Sunday.
“I can understand why the government is currently being cautious on these issues, just 24 hours after the incident. But Australia will need to explain its views more clearly in due course.”
Wong said on Sunday: “I leave it to the United States and Israel to talk about the legal basis for the attacks.”
“What I would say to Australians is that Iran has been a destabilizing force in the region for decades. It has launched attacks on Australia, and I think we all understand that this problem did not start yesterday.”
Greens foreign affairs spokesman David Shoebridge accused the Albanian government of delegating Australian foreign policy to Washington.
“Labour has made Australia part of this war by allowing Pine Gap and other US military bases there to be used to gather intelligence and target US bombs and missiles,” he said.
“People understand that Labor says it believes in international law and then repeatedly supports the US and its illegal wars.”
Wong on Sunday did not address Pine Gap’s involvement in the Northern Territory, stating: “We never comment on this facility as a general recommendation.”
Asked on Sunday whether the attack was legal and whether it would further erode the rules-based order, Albanese said the questions were directed at the United States and those directly involved in the attack.
“I can say that the Iranian regime’s threat to international peace and security is real. The fact that they are carrying out attacks here, on the other side of the world in Australia, underscores the threat this regime poses to the rule of law and international norms of conduct.”
Albanese said Australia had “long been aware” that Iran’s nuclear program and ballistic missile development were a threat to global peace and security.
The Australian government made similar comments while supporting Trump’s bombing of Iran’s nuclear facilities in June 2025 during the 12-day war.
At the time, Trump said the US had successfully struck three nuclear facilities in Iran and that key enrichment facilities had been “completely and utterly destroyed”.
On Sunday, members of the Labor Party Against the War criticized the federal government for supporting Netanyahu and Trump.
Boss Doug Cameron said: “Albanese’s support for Israeli and US attacks on Iran shows our complete lack of independent action.”
“There was a time when the Labor Party sought peace, not war. That era is long gone. Leadership is needed, not sycophantic submission to militarism.”
On Sunday, Wong said Australia wanted dialogue and diplomacy to resume.
“We join our partners in calling on all parties to comply with international humanitarian law,” the foreign minister said.
