Government pressed on legal implications of Isaac Herzog visit

Dr. As Israeli President Isaac Herzog begins his visit to Australia, the Federal Government faces increasing legal pressure over its obligations under international and domestic law, writes Binoy Kampmark.

Things got pretty tense in the days leading up to the Israeli President’s invitation Isaac Herzog He will visit Australia on February 9.

The decision came amid the pain Bondi Beach attacks On December 14, 2025, Hanukkah attendees were attacked by two gunmen, leaving 15 dead. Prime Minister of Australia Anthony Albanese He clearly thought the invitation was a sensible precaution at the time.

Israeli Prime Minister has been snarling at the Albanese government for months Benjamin Netanyahu for allegedly providing aid to antisemitism. The pathetic thesis was that Australia’s recognition of the State of Palestine at the UN General Assembly meeting in September had somehow set this in motion.

By inviting Herzog, Albanese seemed to believe that it might be possible to combat the gargoyles of antisemitism and generate goodwill. “We need to establish social unity in this country” HE insisted. Australia/Israel Council for Jewish Affairs (AIJAC) also supported the invitation, I am describing it When sending ‘A strong message of solidarity and support following the tragic events in Bondi and the rise of antisemitism across the country’.

Such fluffy claims of approval ignored the serious and blindingly obvious possibility that legal grounds for Herzog’s visit might emerge; not to mention the public protest and agitation this would cause. Australia is a party to both agreements. UN Genocide Convention And Rome Statute establishment International Criminal Courtmust always be wary of membership measures. A determined opposition, armed with legal arguments and anger, made clear its intention to prevent the visit from proceeding smoothly.

On January 30, Hind Rajab Foundation (IHÖ), Jewish Council of Australiaand the Australian National Imams Council (ANIC) announced that: common legal complaint Request to arrest Herzog or ban him from entering Australia sent to Attorney General Michelle RowlandMinister of Interior Tony Burke and Australian Federal Police (AFP). “Since the Prime Minister of Israel is not allowed to visit Australia, the President should not be allowed to act as his proxy,” the complaint argued, as Netanyahu is unlikely to be able to visit Australia without inconvenience, given the arrest warrant issued by the International Criminal Court.

Complaint begs Australian authorities must do any of three things: Herzog Immigration Act 1958 (Cth)covering character and public interest grounds; Refer him to AFP for investigation. Criminal Code Act 1995 (Cth), Geneva Conventions Act 1957 (Cth) and Australian hate crime legislation; and ensure that Australia complies with its international obligations to investigate and prosecute persons reasonably suspected of having committed serious international crimes against the country.

Group as evidence quotes The President’s October 2023 “All Nation” declaration asserting that no civilian in Gaza was “unrelated” to the Hamas attack on Israel that month; strange famine denials in August 2025, claiming that footage of chronic hunger featuring Palestinian children was “staged”; and broader approval of military operations that involve the commission of war crimes.

The complaint references Herzog’s visit to the Nahal Oz military base in December 2023; here the soldiers were encouraged two days before the “inadvertent destruction” and “leveling” of the town of Khuza’a in Khan Younis.

The complaint also denies any application for Head of State immunity; Nuremberg Principles and international law demands that this shield be removed when serious crimes such as genocide and war crimes are committed.

The complaint is certainly true in that it highlights Herzog’s incitement to collectively punish the clearly complicit population of Gaza.

South Africa filed a lawsuit against Israel at the International Court of Justice, alleging genocide in Gaza. Quoting Herzog’s words From 12 October 2023:

“It is the entire nation that is responsible. This narrative that civilians were unaware and not involved is not true. This is absolutely not true… and we will fight until we break their spine.”

The application also states: social media post Herzog shows him addressing reservists and writing messages on bombs to be used on Palestinians.

September 2025 analysis Prepared by the UN Independent International Commission of Inquiry on the occupied Palestinian territories, including East Jerusalem, and which found Israel’s behavior in Gaza after October 7, 2023 to be genocidal, Israel also refers to Herzog’s statement dated October 12, 2023 and adds the following words accusing the Gazans: “He Could Rise”.

In the Commission’s opinion, the President condemned the Palestinians to equal responsibility for the attacks on Israel on October 7 of the same year. Such a statement, along with similar statements made by Israeli Prime Minister Benjamin Netanyahu and the then Israeli Minister of Defense Joab BraveIt constituted “direct and flagrant incitement to genocide” within the meaning of the Genocide Convention.

AFP Commissioner Krissy Barrett there is also reminded In a presentation made by Australian International Justice CenterTwo West Bank-based Palestinian non-governmental organizations together with human rights organization Al-Haq and based in Gaza Al Mezan Human Rights CenterAustralia has obligations to research ‘Credible allegations of serious international crimes’ and domestic laws allow it ‘An investigation has been launched’ to their commission.

Even if the Israeli President’s immunity is lifted, it would not stop AFP ‘For taking preliminary investigative steps, including a voluntary interview with Herzog upon his arrival in Australia’.

AFP states o Chapter 268 Criminal Code Act donations to the Commonwealth ‘Authority to investigate basic international crimes occurring on the high seas. But it is often impractical for the AFP to do so.’. AFP shrugs its shoulders, preferring that the country where such alleged crimes are committed follow up on the matter. (What a rosy comfort that would be.)

Investigating such crimes will present problems, including evidence issues such as location, identifying and locating witnesses, the occurrence of crimes in an ongoing conflict, and the reluctance of foreign governments to assist.

Australian MPs have also shown reluctance to block the visit. The waters have been tested attempt By Greens Senator David Shobridge On 3 February, suspending existing orders to move a motion asking the Government to cancel Herzog’s invitation.

Shoebridge said:

“When someone is accused by the United Nations of inciting genocide, you don’t invite them to tea, you don’t give them a platform, and you certainly don’t welcome them as a guest of honor.”

Their efforts were blocked by a large Senate majority. Herzog’s five-day visit begins today, with all its misleading instability and legal baggage. A citizen’s arrest may be necessary.