Palestinian Human Rights Groups Launch Legal Action Over Australian Arms Exports to Israel
Three prominent Palestinian human rights organisations have initiated a federal court case aimed at compelling Australia's Defence Minister, Richard Marles, to disclose documents related to military export permits for Israel. This legal move seeks to uncover whether the Australian government has approved permits that could contravene international law by facilitating serious human rights abuses.
Details of the Legal Bid
The groups involved – the Palestinian Centre for Human Rights, Al-Haq, and Al Mezan Center for Human Rights – filed an affidavit in the federal court last week. Supported by the Australian Centre for International Justice (ACIJ), they plan to make a discovery application for arms export documents. Their goal is to determine if permits were granted without proper assessment of the risk that exported items might be used in violations of human rights.
Rawan Arraf, principal lawyer at ACIJ, criticised the secrecy surrounding Australia's arms export regime, stating it operates with "minimal public scrutiny, and no meaningful visibility as to what exports have been approved by the Australian government, and on what basis." She added that assurances from the government have led to "public mistrust, frustration and anger" over potential complicity in grave international crimes.
Government Stance and Permit Review
The Albanese government has consistently denied supplying weapons to Israel since the conflict escalated on 7 October 2023. Minister Marles emphasised in August, "Let's be clear: we don't supply weapons to Israel." The government has described existing permits as "dual-use" – covering parts or technologies with potential military applications but typically used for commercial or civilian purposes.
In November 2024, the defence department confirmed it had amended or lapsed at least 16 defence-related export permits to Israel as part of a review of 66 active exports. Deputy Secretary Hugh Jeffrey explained that these actions were taken because the department could not be confident the permits aligned with Australia's national security or international obligations. By October 2025, there were 54 active permits, including 22 issued to Israeli end-users since October 2023, with five expired and others under ongoing scrutiny.
International Law and Expert Opinions
International law experts have highlighted Australia's obligations under international law. Associate Professor Joanna Kyriakakis from Monash University noted that Australia must "not to knowingly contribute to real risks of genocide, crimes against humanity and war crimes committed by other states through the use of technologies Australia supplies." She described this case as critical for assessing whether the minister considered such risks when permitting exports.
Professor Donald Rothwell from the Australian National University pointed out the complexity of tracking defence materiel through global supply chains, making it difficult to link Australian exports to the Israeli Defence Forces. He stated that the discovery request is a standard step in civil litigation to build a legal case against the Commonwealth.
Context and Global Comparisons
The United Nations independent international commission of inquiry, chaired by Navi Pillay, found in September that "genocide is occurring in Gaza and is continuing to occur." Former human rights commissioner Chris Sidoti, a member of the commission, urged Australia to ensure it is not involved in arms trading that breaches international law.
Shawan Jabarin, general director of Al-Haq, asserted that Palestinians have "the right to know who is arming Israel and what is being exported." He expressed frustration that legal action is necessary to uncover this information, following a previous unsuccessful attempt in November 2023.
In contrast, Germany, the second-largest arms supplier to Israel after the US, has halted exports of material that could be used in Gaza operations. Marles has argued that Australia cannot take similar action as it does not directly supply arms to Israel.
Australian Involvement in Global Defence Programs
The Greens have campaigned against the use of Australian-made parts in F-35 fighter jets used in strikes on Gaza. Australia participates in the Joint Strike Fighter Program, with over 75 companies contributing to the global supply chain. RUAG Australia, for instance, is the sole global supplier of the F-35's uplock actuator system, crucial for missile deployment while maintaining stealth.
This legal bid underscores ongoing tensions between government transparency, international legal responsibilities, and the complexities of global arms trade networks.
