Practice Relating to Rule 144. Ensuring Respect for International Humanitarian Law Erga Omnes
In 2009, in the Habib case, Australia’s Federal Court held:
There is no question that the executive power extends to the conduct of foreign relations. However, if there be Commonwealth laws which regulate the conduct of those foreign relations then the executive power is limited thereby and those limits are justiciable. For example, Ch 8 of the Criminal Code (Cth) makes criminal a series of war crimes and crimes against humanity based, in part, on the Third and Fourth  Geneva Conventions. It is beyond doubt that the executive power of the Commonwealth does not run to authorising such crimes under the guise of conducting foreign relations.
In 2009, in a statement before the UN Human Rights Council, the ambassador and permanent representative of Australia stated:
Australia was deeply saddened by the tragic events of December-January in the Gaza Strip and southern Israel.
Australia’s strong support for Israel’s right to self-defence is clear. Australia remains greatly concerned by the humanitarian situation in Gaza. Since late 2007, Australia has provided extensive development and humanitarian assistance to the Palestinian Territories, since the conflict in Gaza.
During the conflict, Australia said it was incumbent upon all parties to do everything they could to avoid civilian casualties. We said that we expect all parties to abide by and respect human rights and international humanitarian law.