A private criminal prosecution has been filed in Australia against Israeli President Isaac Herzog, accusing him of genocide and crimes against humanity under Australian law. As reported by The New Arab, the case has been lodged before the Magistrates’ Court of Victoria while Herzog is on an official visit to the country.
According to The New Arab, lawyers acting for Melbourne academic Tasnim Sammak submitted a charge sheet alleging eight serious offences under the Commonwealth Criminal Code Act 1995. The legislation allows Australian courts to exercise jurisdiction over certain international crimes, including genocide, when specific conditions are met.
The filing follows a joint legal complaint submitted last month by the Hind Rajab Foundation, the Jewish Council of Australia and the Australian National Imams Council. According to The New Arab, that earlier complaint called on the Australian government to arrest Herzog or bar him from entering the country over Israel’s conduct in Gaza.
The most serious allegation in the new charge sheet claims Herzog, through his public statements and conduct, aided and abetted the deliberate infliction of conditions of life calculated to bring about the destruction of Palestinians in Gaza. The New Arab reports that the case also cites crimes against humanity and incitement offences under Victorian law.
What reactions and context have emerged?
According to The New Arab, additional charges in the private prosecution refer to statements attributed to Herzog from October 2023 that were broadcast internationally and received in Australia. The complainant argues those statements form part of the alleged incitement and support for actions in Gaza.
Sammak is bringing the case as a private informant and has linked the complaint to her personal losses in the conflict. As reported by The New Arab, she says 162 members of her extended family have been killed during Israel’s war in Gaza, including relatives who died while sheltering in the Bureij refugee camp.
“My family have been refugees in Gaza since 1967,” she said in a statement cited by The New Arab. She added that more than a dozen relatives were killed when the Israeli army bombarded the Bureij camp, including four women “killed together in one room.”
Her lawyer, Marco Man, stated that the case is supported by a substantial evidentiary dossier. According to The New Arab, he argued that no official should be beyond accountability under the rule of law, framing the prosecution as an attempt to test the reach of domestic and international criminal norms in Australian courts.
The Hind Rajab Foundation has welcomed the action and signaled its intention to participate if the case moves forward. As reported by The New Arab, the group has said it will seek leave to intervene as amicus curiae, arguing that head-of-state immunity should not shield individuals from prosecution for serious international crimes.
Supporting details and legal background
According to The New Arab, the Hind Rajab Foundation’s director Dyab Abou Jahjah stated that international criminal law is designed to address situations where state power is used to destroy a protected population. He warned that immunity should not become a mechanism of impunity in cases involving grave human rights violations.
The New Arab notes that Herzog’s visit has triggered large demonstrations in several Australian cities, where protesters have called for accountability over Israel’s actions in Gaza. Thousands of people gathered in Sydney, Melbourne, Canberra and Brisbane, with many accusing Herzog of complicity in alleged war crimes.
In Sydney, The New Arab reports that police deployed heavy security as around 5,000 protesters assembled near Town Hall. Demonstrators condemned Israel’s military offensive in Gaza, which has killed tens of thousands of people and severely damaged much of the territory’s infrastructure, according to the outlet’s reporting.
Security across the visit was significantly tightened, The New Arab adds, with thousands of police officers deployed and road closures implemented around key locations. The heightened presence underscored both the political sensitivity of Herzog’s visit and the intensity of public concern over the Gaza war.
Private prosecutions are relatively rare in Australia but are allowed under certain circumstances within the legal system. As noted by The New Arab, this case is seen by supporters as an effort to use domestic courts to address alleged violations of international criminal law when international mechanisms are viewed as slow, limited or politically constrained.
What are the implications and possible next steps?
Whether the private prosecution will proceed remains uncertain. According to The New Arab, the next stages will depend on procedural rulings by the Magistrates’ Court of Victoria and any potential intervention by Australian authorities, who may decide whether to allow or halt the case.
If the matter is allowed to advance, it could test the scope of Australian jurisdiction over alleged international crimes and the extent of any immunity enjoyed by visiting heads of state. As reported by The New Arab, groups like the Hind Rajab Foundation argue that serious offences such as genocide and crimes against humanity should not be shielded by traditional immunity doctrines.
The case may also influence broader debates about the role of national courts in enforcing international criminal law. According to The New Arab, activists view the private prosecution as part of a wider push to seek accountability for actions in Gaza through multiple legal avenues, including domestic and international forums.
For now, the filing underscores the intensifying scrutiny of Israel’s Gaza campaign and the political impact of Herzog’s visit in Australia. The New Arab reports that public protests, legal challenges and calls for accountability are likely to continue as the conflict and its humanitarian consequences remain at the center of international attention.
In summary, the private criminal case lodged in Victoria against President Isaac Herzog accuses him of genocide and related offences under Australian and international law, rooted in alleged statements and conduct linked to the Gaza war. The future of the prosecution will hinge on court decisions and any government response, with potential implications for how Australian law engages with alleged international crimes and head-of-state immunity.
