Australia’s Israel Policy in Spotlight as Labor Members Challenge Herzog Invitation Over Gaza Genocide Allegations

Israeli President Isaac Herzog

A deepening rift has emerged within Australia’s Labor movement over the war in Gaza and the federal government’s response to a recent antisemitic terror attack, after a group of rank-and-file Labor members called on Prime Minister Anthony Albanese to withdraw an invitation for Israeli President Isaac Herzog to visit Australia.

The internal pushback, led by the grassroots network Labor Friends of Palestine, reflects mounting unease among sections of the party base about Canberra’s engagement with Israel amid its ongoing military campaign in Gaza. The group has urged the Albanese government to rescind Herzog’s invitation, arguing that his visit would amount to tacit approval of what they describe as grave violations of international law.

In an escalation of rhetoric, Labor Friends of Palestine said that if Herzog does travel to Australia, federal authorities should investigate him for his alleged role in the “incitement of genocide” during Israel’s bombardment of Gaza. International law experts, however, have dismissed the prospect of any such investigation, citing head-of-state immunity and the absence of any arrest warrant against Herzog.

The group, which claims more than 1,000 grassroots members across Australia, has been active internally in pressing the Labor government to formally recognise a Palestinian state. Its statement accused Herzog of having “actively supported and enabled a long list of the gravest violations of international law” and of working “hand-in-hand” with Israeli Prime Minister Benjamin Netanyahu, who is the subject of arrest warrants issued by the international criminal court (ICC) for alleged war crimes and crimes against humanity. No such warrant exists for Herzog.

The criticism of the invitation has extended beyond Labor’s internal networks. A coalition of smaller Jewish community organisations – including the Jewish Council of Australia, Jewish Voices of Inner Sydney and Anti-Zionism Australia – wrote to Albanese this week urging him to reconsider the visit. In their letter, the groups argued that Herzog was “not a neutral or ceremonial head of state” and warned that his presence in Australia risked “exacerbating racism and antisemitism” at an already sensitive time.

Their stance contrasts sharply with that of mainstream Jewish representative bodies, which have welcomed the invitation. Alex Ryvchin, co-chief executive of the Executive Council of Australian Jewry, said he looked forward to Herzog’s visit bringing “tremendous comfort to the families” of victims of the Bondi beach attack and potentially helping to reset strained bilateral relations between Australia and Israel.

Albanese announced on 24 December that he had requested the governor general, Sam Mostyn, formally invite Herzog to visit Australia in early 2026. The move followed the fatal attack on Jewish Australians attending a Hanukah celebration at Bondi beach, an incident that sent shockwaves through the country and prompted renewed concern about antisemitism.

At the time, Albanese stressed that the invitation was extended to Israel’s head of state, not its head of government. Herzog’s role is largely ceremonial, unlike Netanyahu, who wields executive authority as prime minister. Albanese described it as “entirely appropriate for the head of state to visit,” signalling that Netanyahu himself had not been invited. Herzog subsequently accepted the invitation on social media, adding that he had also been invited by the Zionist Federation of Australia to meet with the Jewish community during his trip.

Labor Friends of Palestine, however, argues that Herzog’s ceremonial status does not absolve him of responsibility. The group cited a statement Herzog made in October 2023, shortly after Hamas’s 7 October attacks, in which he said that “it is an entire nation out there that is responsible.” Critics have long argued that such remarks amount to collective punishment rhetoric.

The group also pointed to a United Nations commission of inquiry report released in September 2025, which concluded that Israel had committed genocide in Gaza. That commission – which does not speak on behalf of the UN as a whole – stated that Herzog, Netanyahu and then defence minister Yoav Gallant “have incited the commission of genocide.”

Israel’s foreign ministry has categorically rejected the commission’s findings, describing the report as “distorted and false” and claiming it relied on “Hamas falsehoods.” Israeli officials have consistently denied that Israel’s actions in Gaza amount to genocide, insisting the military campaign is aimed at dismantling Hamas following the 7 October attacks.

Herzog himself has strongly criticised the genocide case brought against Israel at the international court of justice (ICJ), describing it as a “form of blood libel.” He has also pushed back against interpretations of his 2023 remarks, saying they were taken out of context and noting that in the same media appearance he emphasised Israel’s commitment to international law and stated that there was no excuse for the killing of innocent civilians. The ICJ has yet to deliver a final ruling on the case.

Legal experts say the calls for police action against Herzog have no realistic prospect of success. Donald Rothwell, a professor of international law at the Australian National University, said it was “highly unlikely” the Australian government would take any steps to investigate or restrict the Israeli president during a visit.

“He’s been explicitly invited to visit by the Australian government itself,” Rothwell said. “And in any case, there is no publicly announced ICC arrest warrant for Herzog – unlike Prime Minister Netanyahu – which means Australia is under no obligation under international law to take legal action against him.”

Rothwell added that Herzog’s status as a sitting head of state would place him beyond the reach of Australian courts. “Unquestionably, he enjoys head-of-state immunity. Under that doctrine, he’s not subject to Australian law or prosecution for crimes he may have committed within or outside Australia.”

Monash University law academic Monique Cormier echoed that view, saying the Australian federal police could not investigate Herzog even if they wanted to. “That’s definitely something they cannot do,” she said, noting that any such action would require the consent of the attorney general. “The high court has made that really clear.”

Cormier acknowledged that some critics might argue Australia risks breaching its obligations under the UN genocide convention by hosting Herzog, but said any such claim would be unlikely to progress. “In inviting him here or having him here, there’s a possibility that Australia could be accused of failing to prevent or punish genocide, but it’s unlikely that this would go anywhere in legal terms,” she said.

Despite the legal hurdles, opposition to Herzog’s visit is gaining momentum among activists and sections of the community. The letter from smaller Jewish organisations warned of “mass protests” should the visit proceed, including “a very large contingent of Jewish participants.”

Personal grief has also fuelled calls for the government to rethink its position. Shamikh Badra, a Palestinian Australian who has lost seven family members in Gaza, has lodged a formal complaint with the home affairs minister, Tony Burke, urging the government to assess its obligations under the genocide convention.

In a letter seen by Guardian Australia, Badra wrote that he was addressing the government “as a person directly and gravely affected by the events in Gaza.” He detailed the loss of his father, brother, sister-in-law and four nieces and nephews, whose remains, he said, have yet to be recovered.

“I have lost seven members of my family as a result of the ongoing military assault on Gaza,” Badra wrote. “To this day, their remains have not been recovered.” Burke has been contacted for comment.

The Zionist Federation of Australia has condemned the campaign to cancel Herzog’s visit. Its president, Jeremy Leibler, described the calls as a “troubling escalation in rhetoric” that ignored Australia’s longstanding diplomatic relationship with Israel.

“The government’s invitation to President Herzog is an appropriate and important gesture of solidarity with Australians following the deadliest terrorist attack on Australian soil,” Leibler said. “Calls by groups such as Labor Friends of Palestine to rescind the invitation, or for police to investigate a visiting ceremonial head of state, are not grounded in fact or law.”

As the debate intensifies, the controversy underscores the balancing act facing the Albanese government: responding to domestic concerns about antisemitism and community safety while navigating deep divisions over Israel’s actions in Gaza and Australia’s role on the international stage. With Herzog’s proposed visit still months away, the pressure on Labor’s leadership – and the fault lines within its support base – appear set to grow.

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