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Palestinian Groups File Federal Court Application Seeking Documents on Australian Military Export Permits to Israel

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Palestinian Groups Seek Transparency on Australian Military Exports to Israel

A coalition of Palestinian human rights organizations has filed an application in the Federal Court of Australia seeking the release of documents related to Australian military export permits to Israel that were active during the war in Gaza. The groups, represented by the Australian Centre for International Justice (ACIJ), state the aim is to determine whether the Defence Minister properly assessed the risk that exported goods could be used to commit serious human rights abuses. The Australian Defence Department has stated it will not comment on the filing as it is a pending legal matter.

The Legal Application

The application, filed by organizations including the Palestinian Centre for Human Rights, Al-Haq, and the Al Mezan Center for Human Rights, seeks an order for preliminary discovery. This legal step would compel the Defence Department to release documentation before a potential judicial review case is launched.

Objective: The applicants state they require the documents to ascertain whether Defence Minister Richard Marles properly assessed the risks under Australian law that exported goods might be used to commit or facilitate serious violations of international humanitarian law or human rights abuses.

Scope: The application relates to permits granted before October 7, 2023, that remained active. It also seeks information on exports not directly supplied to Israel but which form part of global military supply chains, such as components for platforms including the F-35 fighter jet.

Background on Export Permits

The application follows a 2024 review by the Department of Defence into military export permits to Israel.

  • Review Outcome: The department reviewed 66 "active" permits that were approved before the conflict in Gaza began. Following the review, 31 permits on the 'Part 1 – Munitions List' (items designed or modified for military use) remained active. A further 16 permits were reported to be under ongoing scrutiny, with some sources specifying 13 permits remain under review.
  • Permit Categories: Australian military exports are controlled under the Defence and Strategic Goods List, which has two main parts:
    • Part 1 – Munitions List: Items specially designed or modified for military use.
    • Part 2 – Dual-use List: Items and technologies with commercial purposes but potential military or weapons of mass destruction applications.
  • Lack of Specifics: The Department of Defence has not provided specific details about the nature of the exports covered by these permits.

Statements from Involved Parties

From the Applicants and Supporting Groups

  • Rawan Arraf, Principal Lawyer, ACIJ: Argued the Australian arms export regime operates with minimal public scrutiny. Arraf stated the secrecy of the process prevents the groups from knowing if they have grounds for judicial review without first obtaining the documents.
  • Raji Sourani, General Director, Palestinian Centre for Human Rights: Said, "We have a right to know who armed the Israeli... regime, with what and how they justified making those decisions to permit the export of arms."
  • Joint Australian Organizations: A coalition of Australian human rights groups, including Amnesty International Australia and the Australian Palestine Advocacy Network, released a statement supporting the legal bid, arguing Australians have a right to know if exports risk contributing to human rights abuses.

From Australian Government Officials

  • Defence Department Spokesperson: Said, "Australia is not making and supplying weapons or ammunition to Israel," and described the country's export control regime as "robust and thorough," with each application assessed on its merits.
  • Foreign Minister Penny Wong: Has stated that Australia provides "non-lethal" parts for F-35 fighter jets to Lockheed Martin as part of a global supply chain. Minister Wong has said responsibility for any transfers from that chain to Israel lies with US arms companies.

From Australian Parliament

  • Senator David Shoebridge (Greens): Welcomed the legal action, describing Australia's weapons export regime as "one of the least transparent weapons export regimes on the planet." He stated the bid is a step to help end exports of weapons and parts to Israel.

International Law and Broader Context

Several points of international law and context are cited in relation to the application.

  • UN Arms Trade Treaty: Australia is a party to this treaty, which regulates the international trade in conventional arms and their parts and components. The treaty prohibits state parties from authorizing arms transfers where they have knowledge the arms would be used in the commission of genocide, crimes against humanity, or other war crimes.
  • UN Commission of Inquiry Report: A 2024 report by a UN Commission of Inquiry found that Israel had been committing genocide in Gaza. Israel has rejected the report's findings. Some major international human rights groups and legal experts have made similar assessments.
  • F-35 Supply Chain: More than 70 Australian companies contribute parts and components to the global F-35 fighter jet program. Some components are manufactured exclusively in Australia. Israel is a partner nation in the F-35 program and has confirmed it uses the jets in Gaza.

Current Status

The matter is now before the Federal Court of Australia. The Department of Defence has declined to comment on the specifics of the filing, citing it as a pending legal matter. The next procedural steps will depend on how the Defence Minister responds to the application.