Law firm threatens legal action against prime minister, senior ministers, over Gaza remarks

Lawyers acting on behalf of Palestinian Australians are threatening legal action against the prime minister and other senior members of the federal government, arguing they have provided "encouragement and moral support" for alleged crimes by Israel.

Key points:

• A Sydney law firm says the government may have breached the Racial Discrimination Act in its response to the Israel-Gaza conflict
• The firm demands the government condemn alleged breaches of international law, and call for a ceasefire
• Israel's ambassador to Australia says Israel has complied with international law

Sydney-based law firm Birchgrove Legal has sent a letter of demand to Anthony Albanese, saying his government "appears to have contravened domestic and international law" over its position on Israel and has issued seven demands to prevent the continuation of legal action.

The firm said it was also considering whether ministers had breached Section 18C of the Racial Discrimination Act by "failing to uphold the human rights" of Australians who remain trapped in Gaza, as well as by "inducing, encouraging and authorising an environment of vilification, hate crimes and hate incidents" against Palestinian and Arab-Australians.

More than 5,000 Palestinians have been killed in Gaza since Israel launched its unrelenting bombing campaign following Hamas' October 7 terror attack on Israel more than two weeks ago, according to health officials in Gaza.

Israel's response – which has included a blockade on food, water, and fuel into Gaza – has been condemned by human rights groups and the United Nations, which said it amounts to "collective punishment", a war crime under international law.

Speaking at the National Press Club in Canberra on Wednesday, Israeli Ambassador to Australia Amir Maimon defended Israel's actions as "in line and in full compliance with international law".

Birchgrove Legal said it was considering whether Australia's support for Israel, including remarks made by senior ministers, amounted to "complicity in genocide and other crimes".

The letter listed the Australian government's "failure to condemn dangerous rhetoric" emanating from Israel, the sale of weapons to Israel, and "historic advocacy on behalf of Israel to hinder [International Criminal Court] investigations into war crimes allegedly committed by Israel and Hamas" as their key concerns.

It said Australia's longstanding support for Israel has contributed to "an environment of lawlessness in that conflict where there is an extreme imbalance in military and political power in favour of Israel".

The firm also pointed to military technology contracts with Israel and support for dual Australian-Israeli nationals to travel overseas to "participate in a reasonably foreseeable genocide" as other examples of Australia's complicity.

"The Australian government should be aware that international criminal tribunals have previously examined the responsibility of those who have substantially contributed to a crime by providing encouragement and moral support to the perpetrators, and where the perpetrator is aware of this support," the letter said.

"Immediate action must be taken to ensure that Australian government policy towards the unfolding catastrophe in Gaza complies with international law and places the core humanitarian principles of proportionality, distinction, precaution and humanity at its heart.

"The genocide convention not only highlights the imperative of preventing or stopping an ongoing genocide, it also makes clear that inaction by states party to the treaty, including the third states, engages criminal complicity in genocide itself."

The letter refers to public comments made by Prime Minister Anthony Albanese, Foreign Minister Penny Wong, Deputy Prime Minister Richard Marles and Home Affairs Minister Clare O'Neil between October 7 and October 16.

It includes itemised interviews and statements from Israeli officials, which it said, "constitute direct incitement to commit genocide" including remarks by Israeli politician Ariel Kallner who on October 8 said, "Right now, one goal, Nakba" — a reference to the mass expulsion of Palestinians in the 1948 Arab-Israeli War.

The 32-page letter also includes a chronological list of interviews and remarks by Australian government members, which it said demonstrate Australia's intention to provide "unconditional support to Israel regardless of what international crimes" may be committed.

One example it refers to is Mr Albanese's statement that, "We will stand with Israel, we always will", on October 10. Frustration at government response to Australians trapped in Gaza

Ms Wong this week called for a "humanitarian pause on hostilities" to allow essential and emergency supplies to reach civilians.

"The way Israel exercises its right to defend itself matters. It matters to civilians throughout the region, and it matters to Israel's ongoing security," she said in a statement on Wednesday, 18 days after Israel began its bombardment of Gaza.

"Innocent Palestinian civilians should not suffer because of the outrages perpetrated by Hamas."

Two federal government ministers have said that civilians in Gaza are being subjected to collective punishment, however, other members of the government have refused to use the same language.

The law firm said to prevent further legal action the prime minister should issue a statement condemning alleged Israeli breaches of international law, ask ministers to rescind their public statements, call for a ceasefire and encourage accountability through the International Criminal Court.