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What ICC Arrest Warrants Tell Us About Dualism in Australia
Dane Luo
On 21 November 2024, the International Criminal Court (ICC) issued an arrest warrant against the Israeli Prime Minister, Benjamin Netanyahu, and former Defence Minister, Yoav Gallant. The judges found reasonable grounds to believe that Netanyahu and Gallant bear criminal responsibility for the war crime of starvation as a method of warfare, and the crimes against humanity of murder, persecution, and other inhumane acts.
After this announcement, one question that attracted attention was: ‘Will they be arrested if they step foot into Australia?’ There are several legal issues associated with this question, which are not the subject of this post. Rather, this post uses Australia’s legal framework for ICC arrest warrants and requests for arrest and surrender to highlight how the constitutional principle of dualism works, how it gives flexibility to nation-states and how issues about compliance with international law can still arise.