Calls for the AFP to Investigate the Israeli President for Inciting Genocide Ahead of Visit

The Australian Centre for International Justice (ACIJ) and Palestinian legal organisations Al-Haq and Al Mezan Centre for Human Rights have called on the Australian federal police (AFP) to investigate Israeli president Isaac Herzog over his alleged role in inciting genocide against the Palestinians in the Gaza Strip, ahead of his just confirmed official visit to Australia over 8 to 12 February 2026.

Australian prime minister Anthony Albanese officially invited Herzog in the wake of the 14 December 2025 Bondi Beach massacre. The Israeli president will be visiting the Jewish families of those murdered by the ISIS inspired killers. And this is occurring while the head of state is presiding over a nation that the United Nations has recognised as committing a genocide in Gaza.

The ACIJ and the Palestinian rights groups wrote to AFP commissioner Krissy Barrett on 21 January 2026, setting out that when the UN Commission of Inquiry pronounced that Israel was committing genocide in Gaza in September last year, it also raised the point that Herzog is documented as having publicly incited genocide against the Palestinians, and his nation had done nothing to counter this.

This official determination by the UN inquiry means that Herzog has likely breached the 1948 Convention on the Prevention and Punishment of Genocide, as well as the Australian federal offences of advocating genocide and incitement to genocide, which, as ACIJ explains, carry universal jurisdiction. So, the ability to open such an investigation is completely within the power of the AFP.

The letter to Barrett further sets out that our nation has an obligation to investigate the atrocity crimes that are contained in the Criminal Code Act 1995 (Cth), when it is considered that one of these federal offences has been broken. The letter further warns that the tragedy of Bondi shouldn’t be used as a means to legitimise a politician assessed as having engaged in an horrendous crime.

AFP investigation warranted

“In light of the information canvassed in this submission, we urge the AFP take steps to investigate the serious and credible allegations of incitement to genocide and advocating genocide, given the real possibility that Herzog may soon enter Australian territory,” the ACIJ and the Palestinian rights organisations outlined in their letter to the AFP head, prior to this week’s confirmation of tour dates.

The authors of the letter then assert that ‘head of state immunity’ should not hold in such serious breaches of international law. Head of state immunity under customary international law provides leaders of nations with immunity from prosecution under the criminal and civil jurisdictions of foreign nations. But even with the potential for immunity, the AFP could commence inquiries now.

In terms of incitement to genocide, this is made out by the inchoate offence of incitement in section 11.4 of the Code, when combined with four of the five forms of genocidal act that the UN found Israel has engaged in and are offences under division 268 of the Code. These comprise of genocide by killing, by causing serious harm, by inflicting destructive life conditions and by preventing births.

The other offence the ACIJ considers is likely to have been committed by Herzog is advocating genocide under section 80.2D of the Code.

In accordance with section 15.4 of the Code, extended geographical jurisdiction applies to both the inciting and advocating genocide offences, which means if such crimes are perpetrated overseas and the consequences do not impact in this country, the crime can still be prosecuted here.

In terms of Herzog being an Israeli citizen, nothing in the law precludes trying a foreigner for having advocated or incited genocide in an overseas jurisdiction in the Australian courts.

The issue in prosecuting the offence of inciting genocide, as well as all the atrocity crimes contained in division 268 of the Criminal Code, is these offences require the Australian attorney general to approve such a prosecution prior to it being progressed. This law is contained in section 268.121 of the Code, and it is known as the attorney general’s fiat.

However, the ACIJ further notes that it was found in the 2019 High Court case Taylor versus the Attorney General that criminal inquiries into such matters can be commenced prior to AG approval.

Inciting the public

Two authorities oblige this country to prosecute genocide. Article 1 of the 1948 Genocide Convention requires states do all they can to prevent and to punish genocide. Australia ratified the convention in 1949, while it did the same in respect of the Rome Statue in 2002, which then required that Australia enact the atrocity crimes it contains into domestic federal law and then prosecute these offences.

The UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel outlined last September that it had assessed that Tel Aviv had been perpetrating genocide against the Palestinians. The following month saw a ceasefire established. However, Israel continues to bomb Palestinians in Gaza, as well as starve them.

In terms of Herzog, the inquiry found that after the 7 October 2023 Hamas attacks on Israel, the Israeli president said on 13 October, that there is “an entire nation out there that is responsible” for the attacks on Israelis, and he further suggested that all Palestinian civilians in Gaza were complicit in the attacks, as they were aware they would happen, but they did not rise up to stop the assailants.

According the inquiry, it was reasonable to interpret these comments “as incitement to the Israeli security forces personnel to target the Palestinians in Gaza as a group as being collectively culpable”, and it also found that comments Herzog later made in regard to there being “many innocents Palestinians”, as a deliberate later attempt to hide his earlier criminal behaviour.

The UN inquiry further concluded that this incitement from Herzog, and other officials, including PM Benjamin Netanyahu, had enabled “a persistent disregard for international law” and “actively fuelled the killing”. The Israeli president’s behaviour was then assessed as comprising of “direct and public incitement to commit genocide under article 3(c) of the Genocide Convention”.

Bringing shame to the nation

“At a time when the federal government is criminalising hate speech, a person who is alleged to have incited hate to commit the ultimate crime, genocide, must not be allowed to enter Australian territory without facing accountability for these serious allegations,” said ACIJ executive director Rawan Arraf. “There is a compelling basis for the AFP to commence an investigation.”

“No person, a head of state or otherwise, should be immune from facing accountability for such serious and credible allegations. Australia has binding obligations, under the Genocide Convention and the Rome Statute, to investigate and prosecute serious international crimes,” the lawyer continued.

The Jewish Council of Australia called on the Albanese government to rescind the invitation to Herzog on 28 January, after the Israeli president confirmed his dates of attendance. The council added that it is an outrageous act to have invited the head of the rogue state to this country at a time when it is engaged in such heinous acts.

Nationwide protests are set to take place to demonstrate the visit from a head of state, who has been charged by the United Nations with inciting the people he governs into perpetrating the mass killing of another people. This is unsurprising as many constituents are offended that they live in a nation that would permit such a visit from an official who has allegedly engaged in such crimes.

“By allowing Herzog to enter Australia without an AFP investigation of the crimes being alleged against him, the Australian government is not only showing a blatant disregard for its international legal obligations but also its own domestic law,” Arraf concluded.