Senior Netanyahu Adviser Served in Victorian Court facing Genocide Charges

Melbourne, Australia — Mark Regev, former senior adviser to Israeli Prime Minister Benjamin Netanyahu and Australian citizen, has been served with charges of advocating genocide. The next hearing will take place at the Victorian Magistrates' Court on 10 December 2024. The case, initiated by Krautungalung Elder and human rights advocate Uncle Robbie Thorpe, accuses Regev of publicly endorsing actions constituting genocide during the Gaza siege. In statements broadcast on Australian media, Regev allegedly supported policies aimed at destroying the Palestinian population in Gaza, including advocating for starvation. These actions, in breach of Section 80.2D of the Criminal Code Act 1995, carry a maximum penalty of seven years' imprisonment.

 

This case is a significant step forward compared to ongoing International Criminal Court (ICC) prosecutions involving Netanyahu and Israeli Defence Minister Yoav Gallant, as the ICC case cannot proceed until their arrests. In contrast, the prosecution of Regev is already underway. The legal proceedings unfold against the backdrop of Australia’s shifting stance on Palestine, marked by its recent vote at the United Nations in support of a resolution demanding an end to Israel's occupation of Palestinian territories. This marks a departure from Australia's traditional alignment with the United States.
Under the Criminal Code Act 1995, this case tests Australia’s commitment to upholding justice, both locally and in the context of international accountability. With Israel invoking diplomatic immunity on Regev's behalf, the decision to proceed with prosecution now lies with the Commonwealth and the Department of Public Prosecutions. This highlights the far-reaching implications of the case.

"This case will show whether Australia is serious about prosecuting crimes of genocide, or whether we allow our citizens to shield themselves behind bureaucracy. We have a law in place with a lower burden of proof than international law. It must be applied now to ensure accountability for actions that promote destruction and suffering" Uncle Robbie Thorpe stated. Thorpe urges the Commonwealth Director of Public Prosecutions to take decisive action in filing an indictment against Regev.  He believes this case presents an opportunity for Australia to lead in enforcing laws against genocide. "Australia has the tools, the evidence, and the obligation. Now we must act. Failure to prosecute Mark Regev for advocating genocide would be a stain on our nation’s conscience," Uncle Robbie said. “The charges against Mark Regev mark an important moment in the fight for accountability and justice. For far too long, leaders and officials responsible for the suffering and destruction of marginalised communities have acted with impunity. This case isn’t just about Gaza, it’s about the broader principle that no individual, no matter their position or connections, is above the law.”  said Keiran Stewart-Assheton, president of the Black Peoples Union and a Traditional Owner of Wani-Wandian Country in the Yuin Nation. If the Australian courts fail to pursue the case to its full conclusion or diplomatic immunity prevents a fair prosecution, the matter could escalate to the International Criminal Court (ICC). The ICC holds jurisdiction over genocide and other international crimes when domestic systems are unable or unwilling to act. With Regev already served and the case progressing, this prosecution presents an opportunity to set a precedent for domestic accountability while reinforcing global
Monday 9 December at 6pm (AEDT) (GMT+11): Online press conference with Djuran Bunjileenee Robbie Thorpe & Keiran Stewart-Assheton. Attendance via
RSVP to prosecutions@crimesceneaustralia.com.
Tuesday 10 December at 8.30am (AEDT) (GMT+11): International Human Rights Day Vigil in the Flagstaff Gardens, crn LaTrobe & William St
prosecutions@crimesceneaustralia.com