Private Prosecution Filed in Australia Against President Isaac Herzog for Genocide and Crimes Against Humanity

Private Prosecution Filed in Australia Against Isaac Herzog for Genocide and Crimes Against Humanity

A landmark private prosecution has commenced in Australia following a joint complaint submitted to the Australian government by the Hind Rajab Foundation (HRF), the Jewish Council of Australia, and the Australian National Imams Council (ANIC) concerning the conduct of Isaac Herzog.

Lawyers representing Melbourne academic Tasnim Sammak have now formally filed a charge sheet before the Magistrates’ Court of Victoria, accusing President Herzog of eight grave offences under Australian law, including genocide and crimes against humanity.

HRF has announced that it will seek leave to intervene as amicus curiae (friend of the court) should proceedings advance, underscoring its position that head-of-state immunity cannot shield individuals from accountability for the gravest international crimes.

Herzog's visit lead to mass protests in various Australian cities

Charges Under Australian Law

The most serious allegation concerns genocide under section 268.5 of the Commonwealth Criminal Code Act 1995, which provides for extended geographical jurisdiction over international crimes.

The charge asserts that President Herzog, through acts and public statements, aided and abetted the deliberate infliction of conditions of life calculated to bring about the physical destruction of the Palestinian people in Gaza.

Additional charges include crimes against humanity and incitement to hatred under Victorian law, referencing public statements made on 12 October 2023 that were transmitted from Israel and received within Victoria.

The prosecution is brought by Dr Sammak, who has suffered profound personal loss. She reports that 162 members of her extended family have been killed during Israel’s military assault on Gaza, including relatives killed while sheltering in the Bureij refugee camp.

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My family have been refugees in Gaza since 1967. Over a dozen of my relatives have been murdered when the Israeli army bombarded the Bureij refugee camp in central Gaza, they were sheltering at home and in a school. Four women of my family were killed together in one room. My grandma who is in her 70s survived the Nakba. She is devastated, her sister's children were killed during the Gaza Genocide. Our surviving family is trying to rebuild their demolished homes, they had no avenue to seek asylum.

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Says Dr Tasnim Sammak. Her legal representative, lawyer Marco Man, stated:

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We have been retained and instructed to assist with the private prosecution on behalf of the Informant, who has lost 162 family members in the Gazan war. No one is above the law, and in particular, heads of state that spreads hate and promotes genocide.

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He further added:

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There is an abundance of evidence, a dossier of this to sustain charges. The Australian public demands action, the State should enforce the rule of law which they have for everyday citizens, we say that he is not immune to prosecution when he is in Australia, the rule of law persists.

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HRF’s Position

The Hind Rajab Foundation views this private prosecution as a significant legal development in the global effort to ensure accountability for crimes committed in Gaza.

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“Regardless of political considerations, the rule of law must prevail,” said Dyab Abou Jahjah, General Director of HRF. “International criminal law exists precisely to address situations where state power is used to destroy a protected population. Immunity cannot become a mechanism of impunity.”

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HRF reiterated that it will continue to support legal initiatives in all jurisdictions where credible pathways to accountability exist, and will seek to assist the court should the Australian proceedings move forward.

A Turning Point

This private prosecution represents a rare but lawful avenue for accountability under Australian legislation incorporating international criminal norms. It reflects the growing use of domestic courts to address allegations of genocide, crimes against humanity, and incitement where international mechanisms have proven slow or constrained.