Robbie Thorpe, an Aboriginal Australian activist and uncle of Senator Lidia Thorpe, has filed a private prosecution against Mark Regev. Regev, the former senior adviser to Israeli Prime Minister Benjamin Netanyahu, faces accusations of advocating genocide against Palestinians.
Court hearing in Melbourne
Thorpe brought the case under section 80.2D of the Australian Criminal Code. The Melbourne Magistrates Court heard it earlier this month.
In a statement before the hearing, Thorpe expressed his strong disapproval: “I find it offensive that a country which committed genocide against us now allows its land to be used to advocate for genocide against Palestinians.”
Thorpe highlighted the importance of the case, saying: “This case challenges the issue directly – no one, not even the Prime Minister or Attorney General, is above the law.”
Regev’s alleged statements supporting genocide
Thorpe’s legal team argues that Regev’s comments on ABC Radio National on 10 October 2023 qualify as advocacy for genocide. On the program, Regev defended the Israeli Defence Minister Yoav Galant’s decision to impose a full siege on Gaza, cutting off vital supplies such as food, water, fuel, and electricity. Critics have denounced the actions as collective punishment and a form of genocide.
Thorpe and his lawyers assert that Regev’s statements meet the legal criteria for genocide under Australian law.
Israel’s efforts to block the case
On Regev’s behalf, lawyer Dennis Miralis confirmed that Israel had asked the Australian government to intervene and dismiss the case. They contacted the Commonwealth Director of Public Prosecutions (DPP) with this request.
The DPP is aware of the case, and the court has scheduled a further hearing for 10 December. Legal challenges about jurisdiction or possible intervention from the DPP are still possible.
Israel’s ongoing military actions in Gaza have caused severe displacement, leaving many people without essential resources like food, clean water, and medical care. The International Court of Justice (ICJ) is currently reviewing accusations of genocide related to these actions.