Request to the Attorney-General to Investigate Isaac Herzog Under Divison 268

Dear Attorney General Rowland,  

The Australian Friends of Palestine Association (AFOPA) writes to notify you of the planned visit to Australia by the President of Israel, Isaac Herzog, scheduled to take place in early January 2026. We are requesting that should Mr Herzog arrive in Australia, the Australian Federal Police and the Commonwealth Department of Public Prosecutions urgently investigate Mr Herzog’s criminal liability in compliance with domestic and international law. 

In 2024, the International Court of Justice found that it was plausible that Israel was committing a genocide in Gaza. Statements made by senior Israeli government officials, including Mr Herzog, were considered in this assessment; specifically, the statement below, made on 13 October 2023. In this statement, Mr Herzog advocates for collective punishment, a war crime under international law:

“It is an entire nation out there that is responsible. It is not true this rhetoric about civilians not aware, not involved. It is absolutely not true. They could have risen up. They could have fought against that evil regime which took over Gaza in a coup d’état. But we are at war. We are at war. We are at war. We are defending our homes. We are protecting our homes. That’s the truth. And when a nation protects its home, it fights. And we will fight until we break their backbone.”

Furthermore, on 16 September 2025, the United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem and Israel found that the Israeli Government, of which Mr Herzog serves as the Head of State, had committed the crime of genocide against the Palestinian people in Gaza. It was found that Israeli authorities had committed four of the five genocidal acts defined by the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, to which Australia is a party. Specifically, the Commission concluded that the “direct and public incitement to commit genocide” under Article III(c) of the Genocide Convention had been established in relation to statements made by Mr Herzog. 

Division 268 of Australia’s Criminal Code Act 1995 establishes Australian jurisdiction for genocide, crimes against humanity and war crimes, even if the acts are committed outside of Australia. This Division allows the Australian Federal Police to interview and investigate such crimes, including the incitement of or advocacy for genocide.  Furthermore, under the Geneva Conventions and the Statute of the International Criminal Court, Australia has a duty to “exercise its criminal jurisdiction over those responsible for international crimes”, including individuals suspected of grave breaches of international humanitarian law when such actors are present within its territory. 

Given these findings by the International Court of Justice and the United Nations Independent Commission, we suspect Isaac Herzog of bearing criminal responsibility for alleged war crimes, crimes against humanity, actions that constitute plausible genocide and the plausible incitement of genocide. 

We are formally requesting that the Australian Federal Police urgently investigate Mr Herzog’s liability and do everything possible to secure an interview with him should he arrive in Australia, in compliance with Australia’s international and domestic obligations. 

Christa Christaki 

Chairperson 

Australian Friends of Palestine Association (AFOPA)