Palestinian Groups Initiate Legal Action to Access Australian Arms Export Permits
Three Palestinian human rights organizations have initiated a legal effort to compel Australia's defence minister, Richard Marles, to disclose whether the government has authorized export permits for arms bound for Israel, which may contravene international law.
The organizations involved—the Palestinian Centre for Human Rights, Al-Haq, and Al Mezan Center for Human Rights—filed an affidavit in federal court last week aiming to subpoena documents related to arms exports. Supported by the Australian Centre for International Justice (ACIJ), they seek to determine if permits were granted without adequate assessment of the risk that the exported materials could be used to commit serious human rights violations.
Australia has reached out to Marles’ office for comment.
The Albanese government has consistently denied supplying weapons to Israel since 7 October 2023 and has characterized existing permits as "dual-use"—referring to parts or technologies generally intended for commercial or civilian purposes but potentially applicable in military or weapons of mass destruction contexts.
Marles stated:
"Let’s be clear: we don’t supply weapons to Israel."
In November 2024, the Department of Defence reviewed 66 "active" export permits and identified at least 16 defence-related permits issued to Israel. Deputy Secretary Hugh Jeffrey explained that some permits were lapsed or amended because the department could not confidently ensure they would not conflict with Australia's national security interests or international obligations.
By October 2025, the department reported that 22 permits had been issued to Israeli end users since 7 October 2023, with five having expired. Additionally, 31 permits issued prior to the conflict were considered not to require action, while six remained under "ongoing scrutiny."
The United Nations independent international commission of inquiry, which operates independently of the UN as a whole, has stated that "genocide is occurring in Gaza and is continuing to occur," according to its chair, Navi Pillay.
Chris Sidoti, a former human rights commissioner and member of the international commission, indicated that Australia might be involved in arms trading with Israel that could violate international law.
Al-Haq’s general director, Shawan Jabarin, emphasized the Palestinians’ right to transparency:
"Palestinians had the right to know who is arming Israel and what is being exported."
He added:
"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."
Previously, the groups had initiated legal action in November 2023 to obtain information from Marles regarding Israel-bound exports but discontinued it due to undisclosed transparency concerns.
Rawan Arraf, principal lawyer at ACIJ, stated:
"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."
"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."
Professor Donald Rothwell, an international law expert at the Australian National University, noted that the federal government has consistently declined to release the documents through other channels such as freedom of information requests.
He explained:
"Linking how Australian-exported defence materiel makes its way into the hands of the IDF has become very difficult because of the web of supply chains, and how some of that defence materiel may pass through the hands of other legitimate actors."
"So, the preliminary discovery request – which is not uncommon in civil litigation involving potentially very extensive documentation – is really part of how the three applicants can seek to build their legal case against the commonwealth."
Australian Involvement in F-35 Supply Chain and Arms Exports
The Greens party has campaigned against the use of Australian-made components within F-35 fighter jets employed in strikes on Gaza.
Australia participates in the Joint Strike Fighter Program, whereby domestic companies supply parts and components for the F-35 as part of a global supply chain agreement.
More than 75 Australian companies contribute to this global supply chain.
One such company, RUAG Australia, is the sole global supplier of the F-35’s bay door system, which enables the jet to open its missile bay doors rapidly while maintaining stealth capabilities.
Germany, the second-largest arms supplier to Israel after the United States, has ceased exporting materials that could be used by Israel in its military operations in Gaza.
Marles has reiterated that Australia does not directly supply arms to Israel.
