Secret agreements: The Australian-Israel Defence Memorandum of Understanding

April 16, 2024
Issue 
Elbit System' Hermes 450 drone, the type responsible for killing seven World Central Kitchen aid workers. Australia signed a $917 million contract with Elbit. Photo: Amit Agronov/Wikimedia/CC-BY-SA-3.0

As the Australian government continues its vacuous utterances on Palestinian statehood, while denying it is supplying the Israeli Defense Forces (IDF) with weapons, efforts to unearth details of the defence relationship between the countries have so far come to naught.

The Department of Trade and Foreign Affairs鈥 Israel聽聽is skimpy.

It notes that, since 2017, there has been 鈥渆xpanded cooperation on national security, defence and cyber security鈥 and since 2018, defence officials have had annual talks. Early that year Australia appointed a resident Defence Attach茅 to its Embassy in Tel Aviv.

Conspicuously absent are details of the Memorandum of Understanding (MOU) on defence cooperation, signed in 2017.

But 2017 was something of a critical year. The Australia-Israel Defence Industry Cooperation Joint Working Group was created that October.

The Department of Defence聽聽on August 22, 2018, that the intention was 鈥渢o strengthen ties between Australia and Israel, explore defence industry and innovation opportunities, identify export opportunities, and support our industries to cooperate in the development of innovative technologies for shared capability challenges鈥.

Then Coalition defence minister聽聽also announced a new deal had been struck between Rafael, one of Israel鈥檚 largest defence companies, and Australian engineering company聽Varley.

鈥淭his partnership between one of Australia鈥檚 best defence companies and a global success story like Rafael is another success story for Australian industry,鈥 said Pyne.

The Joint Working Group got busy signing new contracts, including a February 2018聽聽between Israel-based Rafael Advanced Defence Systems with Australia鈥檚 Bisalloy Steels worth $900,000; the 聽August 2018 joint聽venture聽between Varley and Rafael, behind such 鈥渓eading weapons systems鈥 as 鈥渢he Spike LR2 anti-tank guided missile鈥; and from 2019 the Electro Optic Systems-Elbit Systems聽, responsible for developing 鈥渁 modular medium-calibre turret that can be configured for a range of platforms, including lightweight reconnaissance and heavy fighting vehicles鈥.

聽Elbit Systems, Israel鈥檚 notorious drone manufacturer and creator of the Hermes 450 aerial device, with a $917 million contract in聽February.

This type of drone was responsible for the killing of seven World Central Kitchen aid workers, including Australian Lalzawmi 鈥淶omi鈥 Frankcom.

The Australian Greens filed a Freedom of Information (FOI) request seeking a copy of the barely mentioned MOU after October 7.

After three months, the Defence Department decided to reject the application.

鈥淭he document within the scope of this request,鈥澛, 鈥渃ontains information which, if released, could reasonably be expected to damage the international relations of the Commonwealth鈥.

The MOU 鈥渃ontains information communicated to Australia by a foreign government and its officials under the expectation that it would not be disclosed.鈥

Releasing 鈥渟uch information could harm Australia鈥檚 international standing and reputation鈥.

Israel played a role in the process because Defence notified Israel of the FOI request last December.

In February, the Netanyahu government responded with its views, on which we can only speculate.

The Greens were informed by the Australian Information Commissioner (OAIC) that the relevant decision maker in Defence 鈥渨ill consider the foreign government鈥檚 consultation response to make an informed and robust decision鈥.

聽responded saying:聽鈥淭here is no place for secret arms treaties and secret arms deals between countries鈥.

Furthermore, he said there was 鈥渘o place for giving other countries veto power over what the Australian government tells the public about our government defence and arms deals鈥.

The case is even more pressing given the International Court of Justice鈥檚 interim findings on genocide and allegations of war crimes in the Gaza Strip.

Australia鈥檚 FOI regime remains stringently archaic and pathologically secretive. Decision-makers are given directions to frustrate, not aid, applications to reveal information, notably on sensitive topics such as security, defence and international relations.

Spurious notions about 鈥渄amage鈥 to international relations are used to muzzle debate.

The OAIC has also shown itself to be weak, tardy and inefficient in reviewing applications. In March last year, it聽聽that there were almost 600 unresolved FOI cases, bottled up over three years.

The latest Defence Department refusal to disclose the Israel-Australian MOU to Members of Parliament, a decision reached after discussions with a foreign power, betrays much doubletalk regarding defence ties between Canberra, the IDF and the Israeli government.

[Binoy Kampmark currently lectures at RMIT University.]

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