A former senior adviser to Israeli Prime Minister Benjamin Netanyahu has been served with charges related to genocide by an Indigenous Elder.

Krauatungalung Elder, Uncle Robbie Thorpe, who earlier this year requested the International Criminal Court charge King Charles with genocide, issued a statement against Mark Regev for advocating and supporting statements by Israeli cabinet ministers in the war in Gaza.

Mr Thorpe argued Mr Regev, who is an Australian citizen, breached the Criminal Code by inciting genocide in comments made during an interview with Australian media.

The case was filed in April and on 14 August a charge sheet was issued.

The charge sheet includes arguing Mr Regev falsely claimed Hamas beheaded babies, repeatedly downplayed Palestinian civilian casualties, and did not renounce statements by Israeli cabinet ministers, including where Minister of Defence, Yoav Gallant, called Palestinians "human animals".

"This case will show whether Australia is serious about prosecuting crimes of genocide, or whether we allow our citizens to shield themselves behind bureaucracy," Mr Thorpe said.

"We have a law in place with a lower burden of proof than international law. It must be applied now to ensure accountability for actions that promote destruction and suffering."

Advocating genocide is a crime sitting under section 80.2D of the Criminal Code Act 1995 (Cth), and carries up to seven years imprisonment.

"Australia has the tools, the evidence, and the obligation," Mr Thorpe said.

"Now we must act. Failure to prosecute Mark Regev for advocating genocide would be a stain on our nation's conscience."

Mr Regev's legal team is likely to argue he is immune from prosecution in the Australian courts, as his alleged offending was conducted during his role as an official Israeli advisor.

The war in Gaza has seen at least 40,000 Palestinians killed and has expanded to Israeli attacks in the West Bank and southern Lebanon.

The massive escalation in the ongoing Israeli-Palestinian conflict was sparked after Hamas launched an attack on October 7, 2023, which caused the deaths of more than 700 civilians and up to 1200 people in total.

The hearing is set to take place in the Victorian Magistrates' Court on Tuesday.