Palestinian human rights organisations have launched legal action against the Minister for Defence, seeking the release of documents to determine if the Australian government has permitted arms exports to Israel during ongoing grave violations of international law in the unlawfully Occupied Palestinian Territory (OPT).

On 8 April 2026, three leading human rights groups based in Palestine: Al-Haq; Al Mezan Center for Human Rights; and the Palestinian Centre for Human Rights, filed an application in the Federal Court to compel the Minister for Defence to produce documents relating to arms export permits to Israel. These include export permits that were granted before 7 October 2023 and remain active, and arms exports that are not directly supplied to Israel. 

The arms exports may include components and materials that form part of global military supply chains. Australia is known to provide sole-source components, including F-35 fighter aircraft components and material used in armoured military vehicles. Israel's ongoing military assault on Gaza and the West Bank, including East Jerusalem and the devastating impacts on the Palestinian people as a whole, is immense, severe and well-documented. They amount to grave crimes.

The groups seek the documents to determine whether the Minister has properly assessed the risk that the arms goods or technology being exported may be used to commit or facilitate serious human rights abuses, or may be used in a way contrary to Australia’s international obligations or commitments. If the documents show that the Minister has not properly assessed such risk, it may pave the way for a legal claim alleging that the Minister is in legal error and that exports must end.

This is the second time the organisations have turned to the Federal Court to obtain transparency over Australia’s arms export regime in relation to Israel, following earlier proceedings commenced in November 2023, which were subsequently discontinued. 

The groups welcome the strong support of Australian human rights and humanitarian organisations, who have issued a joint civil society statement backing the application.

The groups are represented by the Australian Centre for International Justice and barristers from the Victorian Bar and NSW Bar.

Shawan Jabarin, General Director at Al-Haq, said:

“Palestinians are subjugated under an illegal occupation, are being subjected to genocide and mass bombardment, with no safe place to flee. We have the right to know who is arming the settler colonial apartheid regime and what is being exported. Our efforts to shed some light on Australian exports have been unsuccessful to date, and we should not have to go to Court to understand who is arming the Israeli regime.”

Issam Younis, Director General Secretary, at Al Mezan Center for Human Rights, said:

“For two years, the Palestinian people have been subjected to an ongoing genocide, unfolding before our eyes. If Australia is supplying Israel the means to commit that genocide, it would not only be an unspeakable horror committed against the Palestinian people, it would breach Australia’s obligations under international law and its own rules around the export of arms.”

Raji Sourani, General Director, Palestinian Centre for Human Rights, said: 

“Australia has to decide which side it will be on, the side of justice or the law of the jungle. Gaza has been decimated by weapons willingly supplied by the West, including Australia. We have a right to know who armed the Israeli genocidal regime, with what and how they justified making those decisions to permit the export of arms, despite the overwhelming evidence in a live-streamed genocide.” 

Rawan Arraf, Principal Lawyer, at the Australian Centre for International Justice, said:

“Despite the serious legal and humanitarian implications of decisions made in relation to arms exports, the Australian arms export regime operates with minimal public scrutiny, and no meaningful visibility as to what exports have been approved by the Australian Government, and on what basis.

“This sustained lack of transparency raises serious questions as to whether Australia’s arms export regime is being administered in accordance with Australia’s legal obligations, including obligations prohibiting the transfer of arms where there is a clear risk they may be used to commit or facilitate serious violations of international law that give rise to international crimes which are codified in the Commonwealth Criminal Code. 

“Our clients believe they may have a right to obtain relief in the nature of judicial review. But because of secrecy around the process, they cannot know for sure until the cloak of secrecy is unveiled.

“Assurances by the Minister and the Government over the last two years have led to public mistrust, frustration and anger. We cannot accept the Government’s “trust-us” attitude to something as grave as potential Australian complicity in genocide and other grave international crimes.” 

For media enquiries, contact: 

Sasha Pavey, Media and Communications Lead: [email protected]