The Australian Government risks breaking international law splashing billions in public money on Israel weapons deals. A Stephanie Tran analysis.
The Australian government has funnelled $2.5 billion of taxpayer funds to Israeli arms manufacturers over the past two decades via government contracts.
An analysis of Austender data shows that since 2004, the Australian government has signed dozens of deals with Israel’s largest defence companies, making them some of the country’s most significant foreign suppliers of arms.
But this is just the tip of the iceberg. The true sum is certainly much higher as the government is not required to disclose subcontracting arrangements, such as the $900 million deal between Elbit Systems and South Korean firm Hanwha to supply the Australian Army with armoured vehicles.
The breakdown of the funds is as follows:
- $1.92 billion to Elbit Systems and its subsidiaries Elistra Electronic System Ltd, Universal Avionics Systems, Geospectrum Technologies and Ferranti Technologies
- $307 million to Israel Aerospace Industries and its subsidiaries Elta Systems and Elta Electronics industry
- $180 million to Rafael Advanced Defense Systems, its subsidiary Pearson Engineering and joint venture with Australian company Varley Group, “Varley Rafael”
- $10 million to Israel Military Industries, also known as IMI Systems. (Note: IMI Systems was acquired by Elbit Systems in 2018)
- $870,000 to Plassan
- $210,00 to Rada Electronic Industries
Lara Khider, Senior Lawyer at the Australian Centre for International Justice, said the contracts place Australia at risk of breaching its international legal obligations.
Breaking international law
“States have been put on notice that Israel may be committing internationally wrongful acts in relation to its military and other operations in Gaza and through its unlawful occupation of Palestinian territory,” Khider said, citing multiple International Court of Justice (ICJ) rulings in the South Africa v Israel genocide case and its advisory opinion on Israel’s occupation of Palestinian territory.
“On this basis, States have an obligation to cease aid and assistance to Israel in relation to the commission of these acts. Otherwise, States may be deemed complicit in internationally wrongful conduct.”
She said the ICJ was unequivocal that all states must avoid trade or economic dealings that entrench Israel’s unlawful presence in occupied Palestinian territory and refrain from aiding or assisting its maintenance. Under the Arms Trade Treaty, to which Australia is a signatory, governments are required to block weapons transfers if there is an overriding risk they would be used to commit serious violations of the Geneva Conventions.
The Australian Centre for International Justice has called for a two-way arms embargo “as a bare minimum” to ensure Australia does not contribute directly or indirectly to violations of international law in the Occupied Palestinian Territories.
Department of Defence did not respond – does it ever?
The Department of Defence did not respond to a request for comment regarding whether it would cancel its existing contracts and refrain from entering into new contracts for the procurement of arms from Israeli defence companies in light of the ongoing genocide in Gaza.
Greg Barns SC, a spokesman for the Australian Lawyers Alliance, said continuing the contracts undermines Australia’s moral and legal credibility.
“Australia has an obligation to comply with all of the international agreements, treaties and covenants to which it is a signatory. That any Australian government would allow the supply of defence equipment to a country committing war crimes and genocide is morally reprehensible and a clear breach of international law,” Barns said. “This reduces Australia’s standing globally in terms of adherence to the rule of law.”
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Stephanie is a journalist and has a law/journalism degree. She was a finalist for the 2021 Walkley Student Journalist of the Year Award and the winner of the 2021 Democracy's Watchdogs Award for Student Investigative Reporting.