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Liability for war crimes

A Citizen made this Freedom of Information request to Department of Foreign Affairs and Trade

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A Citizen
Delivered

Dear Department of Foreign Affairs and Trade,

Under the FOI Act, I seek copies of documents held by your department that include information of the following type:

- any assessment, discussion, evaluation, deliberation or consideration of the risk or likelihood of any Australian official being investigated or prosecuted by the International Criminal Court in connection with any acts or omissions by Australian officials relating to Israel's actions in Gaza since 7 October 2023; and

- any assessment, discussion, evaluation, deliberation or consideration of the risk or likelihood of any Australian official being investigated or prosecuted for war crimes in connection with any acts or omissions by Australian officials relating to Israel's actions in Gaza since 7 October 2023.

The above should be construed to include legal advice and/or advice to any Government Minister.

Without limiting the above, the purpose of this request is to understand whether your department has considered whether any Australian officials could become liable for war crimes in connection with Australia's support of Israel's actions in Gaza since 7 October 2023.

Please exclude any personal or business information from any documents within scope of the above.

Yours faithfully,

A Citizen

Link to this Report
FOI, Department of Foreign Affairs and Trade

1 Attachment

OFFICIAL

 

Dear A Citizen

 

Thank you for your request dated 17 December 2023 seeking access to
documents under the Freedom of Information Act 1982.

 

This email sets out some information about how your request will be
processed by the Department of Foreign Affairs and Trade.

 

Scope of request:

You have sought access to:

 

“- any assessment, discussion, evaluation, deliberation or consideration
of the risk or likelihood of any Australian official being investigated or
prosecuted by the International Criminal Court in connection with any acts
or omissions by Australian officials relating to Israel's actions in Gaza
since 7 October 2023; and

 

- any assessment, discussion, evaluation, deliberation or consideration of
the risk or likelihood of any Australian official being investigated or
prosecuted for war crimes in connection with any acts or omissions by
Australian officials relating to Israel's actions in Gaza since 7 October
2023.

 

The above should be construed to include legal advice and/or advice to any
Government Minister.

 

Without limiting the above, the purpose of this request is to understand
whether your department has considered whether any Australian officials
could become liable for war crimes in connection with Australia's support
of Israel's actions in Gaza since 7 October 2023.

 

Please exclude any personal or business information from any documents
within scope of the above.”

 

Timeframe for receiving our decision and request for extension of time:

 

We received your request on 17 December 2023 and the 30-day statutory
period for processing your request commenced from the day after that date.
The period of 30 days may be extended in certain circumstances.

 

Due to the upcoming holiday and shutdown period over Christmas and New
Year, we are seeking your agreement to an extension of 30 days to process
your request (under section 15AA of the Freedom of Information Act 1982),
which is currently due on 16 January 2024, bringing the due date to 15
February 2024. We will endeavour to finalise your matter as soon as
possible. 

 

We would be grateful if you could please confirm your agreement by return
email. Should you agree to this extension, we will inform the Office of
the Australian Information Commissioner (OAIC).

 

Charges:

 

Please note that the department may issue charges for processing FOI
requests. If applicable, we will advise you of any relevant charges when
we are in a position to estimate the resources required to process your
request.

 

Disclosure log:

 

Please note that, with some exceptions (such as personal information),
documents released under the FOI Act may later be published on the
department’s disclosure log:
[1]https://www.dfat.gov.au/about-us/corpora....

 

Exclusion of officials’ names and contact details:

 

It is the department’s policy to withhold the mobile numbers of all
government officials. If you require the mobile numbers of all government
officials, please let us know at [2][DFAT request email] so the decision-maker
may consider; otherwise we will take it that you agree to that information
being excluded from the scope of your request.

 

Personal Information:

 

If we need to consult with other people or organisations regarding your
FOI request, we may need to disclose your personal information (e.g. your
name).  When we consult it may be apparent that you have made a request,
even if we do not disclose your identity.  Please let us know if you have
any concerns in this regard.  The department’s privacy policy is available
at [3]dfat.gov.au/privacy.html.

 

Should you require any further information, please do not hesitate to
contact us by return email at [4][DFAT request email].

 

Kind regards

 

DFAT FOI Team

_______________________________
Freedom of Information Section
Public Interest Law Branch | Regulatory and Legal Policy Division
Department of Foreign Affairs and Trade

[5]dfat.gov.au | [6]Twitter | [7]Facebook | [8]Instagram  | [9]LinkedIn

© Kim Hill, Among Women (2011)

 

[10]We acknowledge the Traditional Custodians of Country throughout
Australia, and their continuing connection to land, waters and community.
We pay our respects to all First Nations peoples, their cultures and to
their Elders, past, present and emerging.

 

 

-----Original Message-----
From: A Citizen <[FOI #10973 email]>
Sent: Sunday, 17 December 2023 11:54 AM
To: FOI <[DFAT request email]>
Subject: [EXTERNAL] Freedom of Information request - Liability for war
crimes

 

CAUTION: This email originated from outside the organisation. Do not click
links or open attachments unless you recognise the sender.

 

Dear Department of Foreign Affairs and Trade,

 

Under the FOI Act, I seek copies of documents held by your department that
include information of the following type:

 

- any assessment, discussion, evaluation, deliberation or consideration of
the risk or likelihood of any Australian official being investigated or
prosecuted by the International Criminal Court in connection with any acts
or omissions by Australian officials relating to Israel's actions in Gaza
since 7 October 2023; and

 

- any assessment, discussion, evaluation, deliberation or consideration of
the risk or likelihood of any Australian official being investigated or
prosecuted for war crimes in connection with any acts or omissions by
Australian officials relating to Israel's actions in Gaza since 7 October
2023.

 

The above should be construed to include legal advice and/or advice to any
Government Minister.

 

Without limiting the above, the purpose of this request is to understand
whether your department has considered whether any Australian officials
could become liable for war crimes in connection with Australia's support
of Israel's actions in Gaza since 7 October 2023.

 

Please exclude any personal or business information from any documents
within scope of the above.

 

Yours faithfully,

 

A Citizen

 

-------------------------------------------------------------------

 

Please use this email address for all replies to this request:

[11][FOI #10973 email]

 

Is [12][DFAT request email] the wrong address for Freedom of Information
requests to Department of Foreign Affairs and Trade? If so, please contact
us using this form:

[13]https://aus01.safelinks.protection.outlo...

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[14]https://aus01.safelinks.protection.outlo...

 

Please note that in some cases publication of requests and responses will
be delayed.

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

-------------------------------------------------------------------

References

Visible links
1. https://www.dfat.gov.au/about-us/corpora...
2. mailto:[DFAT request email]
3. http://dfat.gov.au/privacy.html
4. mailto:[DFAT request email]
5. http://www.dfat.gov.au/
6. https://twitter.com/DFAT
7. https://www.facebook.com/dfat.gov.au
8. https://www.instagram.com/dfat
9. https://au.linkedin.com/company/departme...
10. https://www.dfat.gov.au/about-us/publica...
11. mailto:[FOI #10973 email]
12. mailto:[DFAT request email]
13. https://www.righttoknow.org.au/change_re...
14. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Link to this Report
FOI, Department of Foreign Affairs and Trade

2 Attachments

Dear A Citizen

 

Please find attached a letter advising the outcome of your FOI request.

 

Kind regards

DFAT FOI Team

_______________________________
Freedom of Information Section

Public Interest Law Branch | Regulatory and Legal Policy Division

Department of Foreign Affairs and Trade

[1]dfat.gov.au | [2]Twitter | [3]Facebook | [4]Instagram  | [5]LinkedIn

 

© Kim Hill, Among Women (2011)

[6]We acknowledge the Traditional Custodians of Country throughout
Australia, and their continuing connection to land, waters and community.
We pay our respects to all First Nations peoples, their cultures and to
their Elders, past, present and emerging.

 

-----Original Message-----
From: A Citizen <[FOI #10973 email]>
Sent: Sunday, 17 December 2023 11:54 AM
To: FOI <[DFAT request email]>
Subject: [EXTERNAL] Freedom of Information request - Liability for war
crimes

 

CAUTION: This email originated from outside the organisation. Do not click
links or open attachments unless you recognise the sender.

 

Dear Department of Foreign Affairs and Trade,

 

Under the FOI Act, I seek copies of documents held by your department that
include information of the following type:

 

- any assessment, discussion, evaluation, deliberation or consideration of
the risk or likelihood of any Australian official being investigated or
prosecuted by the International Criminal Court in connection with any acts
or omissions by Australian officials relating to Israel's actions in Gaza
since 7 October 2023; and

 

- any assessment, discussion, evaluation, deliberation or consideration of
the risk or likelihood of any Australian official being investigated or
prosecuted for war crimes in connection with any acts or omissions by
Australian officials relating to Israel's actions in Gaza since 7 October
2023.

 

The above should be construed to include legal advice and/or advice to any
Government Minister.

 

Without limiting the above, the purpose of this request is to understand
whether your department has considered whether any Australian officials
could become liable for war crimes in connection with Australia's support
of Israel's actions in Gaza since 7 October 2023.

 

Please exclude any personal or business information from any documents
within scope of the above.

 

Yours faithfully,

 

A Citizen

 

-------------------------------------------------------------------

 

Please use this email address for all replies to this request:

[7][FOI #10973 email]

 

Is [8][DFAT request email] the wrong address for Freedom of Information
requests to Department of Foreign Affairs and Trade? If so, please contact
us using this form:

[9]https://aus01.safelinks.protection.outlo...

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[10]https://aus01.safelinks.protection.outlo...

 

Please note that in some cases publication of requests and responses will
be delayed.

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

-------------------------------------------------------------------

References

Visible links
1. http://www.dfat.gov.au/
2. https://twitter.com/DFAT
3. https://www.facebook.com/dfat.gov.au
4. https://www.instagram.com/dfat
5. https://au.linkedin.com/company/departme...
6. https://www.dfat.gov.au/about-us/publica...
7. mailto:[FOI #10973 email]
8. mailto:[DFAT request email]
9. https://www.righttoknow.org.au/change_re...
10. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Link to this Report
We don't know whether the most recent response to this request contains information or not – if you are A Citizen please sign in and let everyone know.