The Albanese government has proposed significant changes to Australia’s criminal code that could classify foreign military actions as terrorism if they result in the death or injury of Australian citizens. This legislative initiative aims to add Iran’s Islamic Revolutionary Guard Corps (IRGC) to the national terror register, a move that has garnered broad bipartisan support.
During a session on October 5, 2023, members of parliament and senators scrutinized the implications of these changes. Andrew Wallace, deputy chair of the Joint Committee on Intelligence and Security, expressed concerns about potential “unintended consequences.” He sought clarity from the Attorney-General’s Department regarding the scope of the new laws, particularly in situations involving armed conflict.
Wallace inquired whether the legislation would apply if a foreign entity targeted Australians in conflict zones. Luke Muffet, assistant secretary for national security, responded affirmatively, indicating that if an Australian citizen were harmed during a conflict, it could indeed trigger the provisions of the new law.
Mr. Muffet explained that it is essential for the minister responsible for the Australian Federal Police to establish reasonable grounds that the foreign entity has directly engaged in a terrorist act aimed at Australia. He elaborated, stating, “A terrorist act is targeted at Australia if the action causes serious harm to a person that is an Australian citizen or an Australian permanent resident.”
This new legal framework raises pressing questions, particularly in light of the tragic death of Australian aid worker Lalzawmi ‘Zomi’ Frankcom. Frankcom was killed alongside six colleagues in April 2024 when an Israeli drone struck their convoy in Gaza. The Israel Defense Forces (IDF) later termed the incident a “grave mistake” that “shouldn’t have happened.”
Wallace pointedly asked if the IDF could potentially be classified as a terrorist organization should an Australian be harmed in Gaza. Muffet refrained from commenting on specific incidents but noted that if a foreign military not engaged in an international armed conflict commits an act of terrorism resulting in serious harm to an Australian citizen, the legislation could apply.
Further elaborating on the criteria, Muffet stated that the minister, currently Tony Burke, would need to determine if the incident was intended to advance an ideological, political, or religious cause, and whether it was meant to intimidate the government or the public.
The proposal to designate the IRGC as a terrorist organization follows a statement from the Australian Security Intelligence Organisation (ASIO), which linked the group to a series of anti-Semitic attacks in Sydney and Melbourne. At a joint press conference with Prime Minister Anthony Albanese, ASIO chief Mike Burgess revealed that the IRGC orchestrated attacks using a “complex web of proxies.”
Burgess emphasized the danger posed by Iran and its affiliates, stating, “They put lives at risk, they terrified the community and they tore at our social fabric.” He further noted that ASIO continues to investigate potential Iranian involvement in other violent incidents.
The proposed legislation reflects a growing trend among countries to establish frameworks for designating state-sponsored entities as terrorist organizations. Despite the broad support for such measures in Australia, similar legislation often faces significant challenges due to its complex nature and potential ramifications.
As the Albanese government moves forward with these proposals, the implications for international relations and military engagements could be profound, particularly as Australia navigates its stance on global conflicts involving foreign military forces. The decision to classify a state or military as a terrorist organization carries weighty consequences, both legally and diplomatically, raising important discussions regarding national security and international law.
