Royal commission witness in tense exchange over 'legitimate state' claims

Tense Exchange Over Zionism and State Legitimacy

A witness before the Royal Commission on Antisemitism and Social Cohesion has questioned the legitimacy of Israel's existence, following a lengthy and emotive cross-examination over her interpretation of Zionism as a form of violent extremism.

Rita Jabri Markwell, a Sydney-based solicitor, researcher and policy adviser to the Australian Muslim Advocacy Network, gave evidence on Thursday about a framework she developed to identify and address all forms of hate speech. The framework was initially created to assist with legal proceedings, and Markwell said it could also help institutions manage complaints. Under the model, speech directed at governments, militaries and political ideologies would be protected, but dehumanising speech targeting people based on race, religion or ethnicity would breach the framework.

The exchange with Commissioner Virginia Bell AC SC began after a lengthy examination. Commissioner Bell asked Markwell whether she would "accept that there is a legitimacy to the existence of the state of Israel" at the time of the United Nations General Assembly's recognition of the state in 1948.

Markwell responded: "I don't think I have a view particularly on the time of that declaration, but I know that if you were to ask me now whether I think that the state has legitimacy I, as a human rights lawyer, I don't think that any state that relies unlawful occupation and apartheid and genocide could be said to be a legitimate state."

She added a plea for broader reflection: "I think that there really needs to be, and this is just a political opinion, but there needs to be serious thought as to how we fulfil every human's human rights in that region."

Context and Commission's Background

The Royal Commission on Antisemitism and Social Cohesion was established following a deadly attack on Jewish beachgoers in Bondi in December 2025. According to The Gateway Pundit, that attack involved two gunmen who opened fire on Campbell Parade near Bondi Pavilion at roughly 6.40 pm on December 14, killing at least 15 people celebrating Hanukkah, injuring two police officers and a child, with witnesses hearing more than 30 shots. Police also found an improvised explosive device. The commission's mandate includes investigating drivers of antisemitism and making broader recommendations on social cohesion.

The Framework and Cross-Examination

Counsel Nicholas Bender, representing various Jewish organisations, cross-examined Markwell on a Substack post that centred on an interpretation of Zionism. The post quoted the Anti-Defamation League's definition of Zionism as a movement for the self-determination and statehood for the Jewish people in their ancestral homeland, but noted critics argue it contributed to displacement and denial of rights for Palestinians.

Markwell agreed with Bender that her post reflected the view that Zionism is a form of violent extremism. She cited research with the University of Queensland drawing parallels between the dehumanisation of outgroups seen in Zionism and defining attributes of violent extremist movements. However, she rejected the suggestion that her view meant all Zionists are violent extremists.

A Student's Account and a Personal Question

Markwell was also shown an article by university student Mia Kline, who claimed she was 'not that' because she was a Zionist. Kline described supporting a two-state solution, peace and harmony, and supporting the right of Palestinians, while often critical of Israeli Prime Minister Benjamin Netanyahu and the Israel Defense Forces.

Markwell said she was moved by Kline's peace values but found it difficult to reconcile them with Zionism. "How do Zionists incorporate Palestinian human dignity into your ideological framework?" she asked, acknowledging a learning curve.

Context on Genocide Findings

In September 2025, a Commission of Inquiry on the Occursion by the UN Human Rights Council found that genocide was occurring in Gaza, a finding Israel rejects. Both facts were noted by ABC Australia in its report.

Perspectives

• Markwell's perspective: As a human rights lawyer, she holds that only under a framework that respects all human rights can any state claim legitimacy. She does not see Israel's formation as legitimate under its current practices, but explicitly frames her view as a political opinion, not a legal judgement.
• Commissioner Bell and the counsel representing Jewish groups: The questions posed by Commissioner Bell and the cross-examination by Nicholas Bender probe the boundaries of Markwell's definition and the practical reach of her framework, suggesting a view that definitions must be consistent and that certain equivocations may undermine the credibility of the analysis.

(Note: This perspective section synthesised only the viewpoints shown in the provided material; where a party's stance is not directly quoted, it is inferred from their questions and the direction of the exchange.)