Peter Dutton and former PM John Howard in 2022. The opposition leader has threatened to cut ties with the ICC as it prepares to issue arrest warrants against Israeli and Hamas leaders.Peter Dutton and former PM John Howard in 2022. The opposition leader has threatened to cut ties with the ICC as it prepares to issue arrest warrants against Israeli and Hamas leaders.
“There is a further, very important stipulation that no Australian can be surrendered or no warrant can be issued for the arrest of an Australian citizen under the statute without the prior consent of the attorney general,” Howard Don Rothwell, an international law expert at the Australian National University, says this “remarkable provision” suggests the attorney general’s view can’t be challenged in court.
“It was sufficient for the Howard government to win over doubters in the party room and Australia became an original party to the Rome Statute on its entry into force on 1 July 2002,” Rothwell says.in the past two weeks after the ICC’s chief prosecutor, Karim Khan KC, announced he was seeking arrest warrants for two Israeli leaders and three Hamas leaders.
In a Senate estimates hearing on Thursday, officials from the attorney general’s department confirmed that Australia - as one of the ICC’s 124 member states - had “a general obligation to cooperate fully with the court and prosecutions”.
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