Graham Perrett (Moreton, Australian Labor Party) Share this | Link to this | Hansard source

When conflict erupts abroad, some Australians feel compelled to depart our shores to join the fighting. Their motivation may be for political, cultural or religious reasons. They could be dual citizens, have family ties, share beliefs and values or have the determination to make a difference by serving some greater cause. In some cases, it's simply a case of taking the opportunity to do something different or exciting far from home. Of course, there is nothing simple about such undertakings and there are a range of potential ramifications. Going overseas to participate in a conflict is a risky enterprise for many reasons. Firstly, there is the danger of serious injury or loss of life. Tragically, seven Australians have died while fighting for the Ukrainian armed forces in the Russia-Ukraine war.

Under the Criminal Code Act 1995, it is not an offence for Australians to join the official armed forces of a foreign country. However, the act indicates that it is an offence to engage in hostile activities overseas with listed terror organisations such as Hamas or Hezbollah. While it is not illegal to serve with a foreign military, it is crucial to note that this does not mean Australian participants are exempt from other Commonwealth criminal charges that may flow from such participation. Indeed, Australia has obligations under international law to prosecute certain crimes.

The Commonwealth government cautions all Australians who seek to serve with the armed forces of a foreign country to carefully consider their legal obligations and ensure their conduct does not constitute a criminal offence. Dual Australian-Israeli citizens who are fighting in the occupied Palestinian territory as part of the Israel Defense Forces should heed this explicit warning. Put simply, if Australians fighting overseas engage in activities that are against international law or some aspect of Australian law, such as war crimes, they can be prosecuted here in Australia.

In March this year in this House, I spoke about breaches of international humanitarian law committed by both the IDF and Hamas. I said at that time that a just and enduring peace needs to have redress for the horrific war crimes committed. All who have committed war crimes must be held accountable. Justice must prevail. I'm not suggesting that any or all Australians who've joined the IDF have committed or been complicit in war crimes. However, I'm very concerned, given the IDF's well publicised and ongoing atrocities against Palestinian civilians, which may directly contravene international humanitarian law, that Australians serving in the IDF may be put into situations where their conduct is later investigated. Under international humanitarian law, such collective punishment crimes include the indiscriminate bombing of civilians, the obstruction of basic services—water, medicines, fuel and aid—the targeting of hospitals, and the starvation of a civilian population.

With the International Criminal Court's application for arrest warrants for war crimes for the Israeli leadership, it is important to raise awareness of the potential consequences for Australians fighting for the IDF in the Israel-Hamas war, including prosecution back home in Australia. The Criminal Code Act 1995 facilitates the Australian Federal Police investigating core international crimes that happen overseas. This includes war crimes, crimes against humanity and genocide. The AFP acknowledges that investigating and prosecuting such crimes needs multiagency and multijurisdictional collaboration.

The other consequences of participating in conflict overseas concern the long-lasting psychosocial effects of war. There is no doubt that participation in conflict leads to the witnessing of traumatic events. I know many ex-servicemen and ex-servicewomen and their challenging battles with PTSD. Experiences on foreign battlefields can return as emotional baggage and even worse.

In addition to this, there is undoubtedly a risk of overseas combatants being radicalised into beliefs that are not aligned with our Australian values. Returned Australians may then seek to promulgate their corrupted beliefs when they are back home. This goes to the heart of concerns many in my community have about attacks on our social cohesion and about the twin scourges of Islamophobia and antisemitism.

We're approaching the one-year anniversary of the beginning of the horrific Israel-Hamas war. Australia continues to provide humanitarian aid. Australia continues to push for a ceasefire and, ultimately, a peaceful, stable two-state solution. I will continue to engage with those in my electorate who are affected by this conflict personally, and obviously I'll continue to speak more broadly on this significant matter, including to those who are directly participating. It has never been more important to uphold Australian values and our multicultural unity. There are people who are deliberately focusing on division and fear, some for base political purposes. So I say again: it is important that we focus on our Australian values and holding our multicultural community strong.