Labor's Ed Husic accuses Coalition of 'incredible' disregard for Palestinian deaths

Ed Husic told the ABC's RN Breakfast the Coalition's criticism of the International Criminal Court was "staggering". (ABC News: Nick Haggarty)

Labor minister Ed Husic has accused the Coalition of indifference to the mounting death toll in Gaza, and said Opposition Leader Peter Dutton's criticism of the International Criminal Court was "staggering".

On Tuesday, Mr Dutton said he was "open" to Australia cutting ties with the court, if it was to approve an application by its prosecutor for arrest warrants for leaders of Israel and Hamas.

Mr Dutton said it was "a terrible decision" and an "anti-Semitic stance" to pursue Israeli leaders and that Australia should "put pressure" on the court to reverse its decision.

"Then I think, the next steps, in relation to what you would take beyond that, I'm very open to [cutting ties]. I don't rule it out," he said.

Mr Husic hit back at the opposition's criticism of the ICC.

"The Coalition talks big about law and order and then wants to pick what law and order it will follow," he told the ABC's RN program.

"It's staggering that you can have a mainstream political party determine on the basis of something that is uncomfortable for them [that they] would then turn their back on a court of law.

"The PM has said the courts should be able to go about their business without political interference and in terms of [the] pressure you've seen out of the Coalition, [the ICC] shouldn't have to contend with that whatsoever."

Foreign Minister Penny Wong on Wednesday evening emphasised there was "no moral equivalence" between Israel and Hamas and that Australia considers Hamas a terrorist organisation.

She said the international focus should remain on bringing about a ceasefire in the Israel-Gaza war, and a decision on whether arrest warrants were issued was a matter for the ICC.

"Australia does have an interest in the multilateral system, UN system continuing to be strong and robust and have the faith of the international community," she told SBS news.

Echoing the words of the foreign minister, Mr Husic said "there shouldn't be any … moral equivalence" between Israel and Hamas, but also denied that the ICC chief prosecutor's actions amounted to an equivalence.

"People are being charged on the basis of individual action. There is no moral equivalence between the state of Israel and a terrorist organisation in Hamas.

"But certainly people have been concerned, following Hamas's deadly actions, about the way in which 35,000 Palestinians have been killed and the way the campaign has been carried out by the Israeli government."

Prime Minister Anthony Albanese refused to comment on the court's decision on Monday.

Dutton demands Albanese take a stance

ICC Chief Prosecutor Karim AA Khan has sought five arrest warrants. Three are for Hamas leaders Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri and Ismail Haniyeh for alleged crimes on and after October 7, 2023.

Two are for Israeli PM Benjamin Netanyahu and Defence Minister Yoav Gallant, for alleged crimes on and after October 8.

The ICC has not yet made a decision on whether to approve the arrest warrants. US President Joe Biden called the decision to charge Israeli leaders "outrageous".

The US and Israel are not parties to the court, but Australia is.

Mr Dutton said Mr Albanese "got it wrong" when he declined to comment.

"The PM went into hiding," he said, calling it a "shameful act".

"[He] doesn't have the ability or wit to stand up for what is in our country's best interest and stand shoulder to shoulder with allies, to condemn an obvious anti-Semitic act."

Mr Husic said Mr Dutton's contemplation of boycotting the court was "not the wisest thing to do".

"What we need to get to is a situation where people aren't being killed… I've never heard out of the Coalition any signalling of concern about 35,000 people being killed. If it has been expressed, it's been lukewarm and there's been no [urging] from them that international humanitarian law should be observed."

"I think it's incredible that a mainstream political party could be like that."

Overnight, Norway, Spain and Ireland announced their countries would soon recognise an independent Palestinian state.

Senator Wong reiterated Australia's commitment to a two-state solution.

"Australia has a position where we would be prepared to look at recognition as part of a peace process. Our test must always be, is our contribution going to contribute to the cause of peace," she said.