The charges allege that he publicly endorsed actions constituting genocide during the Gaza siege
Mark Regev, former senior adviser to Israeli Prime Minister Benjamin Netanyahu, has been charged with advocating genocide under Australian law.
Regev was served with the charges in Melbourne, with his next court appearance scheduled for 10 December, at the Victorian Magistrates’ Court.
The charges, initiated by Krautungalung Elder and human rights advocate Uncle Robbie Thorpe, allege that Regev publicly endorsed actions constituting genocide during the Gaza siege. The accusations centre on statements made by Regev on Australian media that purportedly advocated policies leading to the destruction of the Palestinian population in Gaza, including the use of starvation as a tactic.
Under section 80.2D of the Criminal Code Act 1995, advocating genocide carries a maximum penalty of seven years’ imprisonment. This legal provision has a lower burden of proof than international law, making it a key test of Australia’s domestic mechanisms for prosecuting serious international crimes.
Thorpe, who filed the case, emphasised its importance for upholding Australia’s legal and moral obligations. "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,” Thorpe said in a statement.
This prosecution unfolds against the backdrop of Australia’s evolving stance on the Israel-Palestine conflict. Recently, Australia supported a UN resolution calling for an end to Israel's occupation of Palestinian territories, signalling a shift away from its traditional alignment with the United States.
Israel has invoked diplomatic immunity on Regev’s behalf, leaving the decision to proceed with prosecution to the Commonwealth and the Department of Public Prosecutions. Advocates argued that the case presents an opportunity for Australia to lead in enforcing accountability for international crimes.
Keiran Stewart-Assheton, president of the Black Peoples Union and a Traditional Owner of Wani-Wandian Country, described the case as a pivotal moment. “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 Stewart-Assheton.
If Australian courts cannot pursue the matter to its conclusion due to procedural barriers or claims of diplomatic immunity, advocates suggested the case could escalate to the International Criminal Court (ICC). The ICC serves as a venue of last resort for crimes such as genocide when domestic systems are unable or unwilling to act.
