Minns invokes more draconian powers against Herzog protesters

Herzog PB
A sign sums up many people's views on the Isaac Herzog visit. February 1 Palestine rally on Gadigal Country. Photo: Peter Boyle

Hours before Israeli President Isaac Herzog lands in Australia, the NSW Labor Premier is ramping up his threats against those who disagree that an invitation to a war criminal is a good idea and especially in the wake of the Bondi terrorist attack.

Many Jewish groups have expressed their anger at the invitation, and have called on federal Home Affairs Minister Tony Burke to cancel the invitation.

Despite widespread and growing concern — including inside the Labor Party — Premier Chris Minns is hoping to intimidate people from expressing their anger, both at the Herzog invitation and his unsubstantiated and outlandish attempts to link the Bondi attack to the peaceful Palestine movement.

Minns’ invocation of the “major event” designation on February 7 allows NSW Police to direct people to move, close specific locations, including airspace, and arrest people on the most flimsy of reasons. Fines can be as high as $5500 for those resisting police orders.

However, he can also cancel the “major event” designation at any time — which is what Palestine justice groups are demanding.

The Palestine Action Group (PAG) is challenging Minns over the special powers rule in the NSW Supreme Court on February 8.

PAG spokesperson Josh Lees said: “This is a global PR tour for Israel, plain and simple, where Herzog and his band of war criminals will parade around, try to normalise genocide and drum up investment and support for even more illegal Israeli settlements and weapons’ deals to massacre children in Gaza and start more wars in the region.

“The whole world is watching, and they need to see a HUGE mobilisation of all of us against this monstrosity.”

Sam Wainwright, Socialist Alliance national co-convenor and activist in Friends of Palestine WA, told Green Left that Labor's invitation to Herzog “does nothing to promote social cohesion or tackle antisemitism”.

“It does the opposite. By conflating Jewish identity with the state of Israel, the [Anthony] Albanese government risks inflaming antisemitism. The tide of public opinion really started turning against Israel late last year as the scale of Israel’s genocide become obvious.

“There can be no doubt that one the purposes of the Herzog visit is to try to turn back the clock and shut down opposition to Australia’s bilateral military ties with Israel. We cannot and will not let that happen.”

Many lawyers, including Chris Sidoti, a former Human Rights Commissioner and a former commissioner of the Australian Law Reform Commission, say Herzog should not have been invited.

Furthermore, Sidoti said Herzog’s visit provides Australia with an opportunity to issue an arrest warrant.

However, when questioned by NSW Greens Senator David Shoebridge the Australian Federal Police said Herzog would have full immunity from prosecution.

Sidoti told Michael West Media that the principle of head-of-state immunity “is no longer absolute”.

“In the past it’s been traditional that heads of state have immunity when travelling. But that old principle is being gradually broken down. It is now argued by many international lawyers that head-of-state immunity does not apply to atrocity crimes.”

Those are genocide, war crimes, crimes against humanity and incitement to genocide — which is what Herzog is notorious for.

Incitement to genocide is not just an international crime under Australian law, Sidoti said. The Criminal Code has provisions covering the crime of incitement to genocide. While the ICC has yet to issue an arrest warrant, Sidoti said Australia must enforce the Australian Crimes Act to arrest him.

Otherwise, Sidoti said the Home Affairs minister can refuse entry or cancel the visa on character grounds. “This guy does not meet the character test, no matter how you put it.”

[Join an anti-Herzog protest in your city and show your support for justice for Palestine, including breaking ties with Israel.]

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