Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

My question is to the Minister representing the Prime Minister, Senator Wong. American President Joe Biden described the decision of the International Criminal Court to issue an arrest warrant for Israeli Prime Minister Benjamin Netanyahu in the following terms:

The ICC issuance of arrest warrants against Israeli leaders is outrageous. Let me be clear once again: whatever the ICC might imply, there is no equivalence—none—between Israel and Hamas. We will always stand with Israel against threats to its security.

Does the Prime Minister agree with our ally President Biden's very strong stance in support of our other democratic ally, Israel?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

You've heard me say many times in this place, Senator Cash, that there is no equivalence between Hamas, a terrorist organisation, and the elected Israeli government. In relation to the International Criminal Court, Australia respects the independence of the International Criminal Court and its important role in upholding international law, as I have—

I'll take the interjection from the shadow Attorney-General. She says, 'Right.' Unlike you, we actually believe—

Opposition senators interjecting—

Sue Lines (President) Share this | Link to this | Hansard source

Order!

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I am answering the question. We actually believe that adherence to international law is a matter of principle and is in Australia's interests. What I would say to you is that I have made clear many times in this place that all parties to the conflict must comply within international law, and I again say that we respect the independence of the International Criminal Court and its important role in upholding international law.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Cash, first supplementary?

Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

In contrast to President Biden, Albanese government minister Ed Husic said the ICC 'was doing its job by issuing the arrest warrant for Mr Netanyahu'. Does the Prime Minister back the US President's view that the arrest warrant was outrageous or the view of Minister Husic?

Hon. Senators:

Honourable senators interjecting—

Sue Lines (President) Share this | Link to this | Hansard source

Order!

Excuse me! Order! The interjections between Senator Whish-Wilson and Senator McKenzie will stop. They should have stopped when I said 'Order!' the first time, not the third time. I expect silence when the minister responds. Minister Wong.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

First, in relation to the United States, the United States is not a party to the Rome statute. The Rome statute, which established, or gives effect to, the International Criminal Court was, in fact, ratified by the Howard government in 2002. Since Mr Howard ratified the Rome statute we have as a country respected the International Criminal Court. This is because it is in our interests as a nation for international law to be upheld. So I would again say to you, Senator, that our position is that we respect the independence of the international court and its important role in upholding international law.

Sue Lines (President) Share this | Link to this | Hansard source

Senator McKenzie, I believe that I am managing the chamber, not you. Your interjection was, again, unhelpful. Senator Cash, second supplementary?

Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

Minister, is it the intent of the Albanese government to execute any arrest warrant issued by the ICC?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I certainly don't propose to speculate on hypotheticals. What I can say to the chamber is that Australia will act consistently with our obligations under international law, and our approach will be informed by international law, not by politics.