Asia Pacific Report.
In an unprecedented legal move in Aotearoa New Zealand, a national Palestine solidarity advocacy group has filed a referral against the prime minister, three other ministers in the coalition government and two business leaders, alleging complicity with Israel’s genocidal war against Gaza.
The Palestine Solidarity Network Aotearoa (PSNA) has accused the six individuals of complicity in war crimes, crimes against humanity and genocide by “assisting Israel’s mass killing and starvation of Palestinians in Gaza”.
The PSNA movement has led 90 consecutive weeks of protest at multiple locations across New Zealand in the country’s biggest humn rights campaign since the war began in October 2023.
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In a statement, PSNA co-chairs John Minto and Maher Nazzal said the referral “carefully outlines a case that these six individuals should be investigated” by the Office of the Prosecutor for their knowing contribution to Israel’s crimes in Gaza.
“The 103-page referral document was prepared by a legal team which has been working on the case for many months,” said Minto and Nazzal.
“It is legally robust and will provide the prosecutor of the ICC more than sufficient documentation to begin their investigation.”
The six people named in the referral documentation are Prime Minister Christopher Luxon, Foreign Affairs Minister Winston Peters, Minister for Defence and Space Judith Collins, Deputy Prime Minister David Seymour, and businessmen Rocket Lab chief executive Sir Peter Beck and Rakon Limited chief executive Dr Sinan Altug.
Spy satellites
According to PSNA, Rocket Lab launches spy satellites from Māhia, which PSNA claims Israel uses go target civilians in Gaza, while Rakon exports military-grade crystal oscillators to the US “to be put in missiles which Israel can deploy in Gaza and elsewhere”.
“This is a grave step which we have not taken lightly,” Minto and Nazzal said.
“The government’s ongoing and meaningful support for Israel, despite its horrendous war crimes, is not only egregious to most New Zealanders, but is also criminal conduct under international law.”
The PSNA referral follows an open letter by one of the country’s largest environmental organisations two days ago that called on the government to impose sanctions on Israel amid mounting criticism in New Zealand over war crimes allegations against the state over its 20-month war.
Greenpeace Aotearoa’s executive director Dr Russel Norman, a former Green Party co-leader, said in an open letter addressed to Prime Minister Luxon and Foreign Minister Peters that he was expressing grave concerns about the “ongoing genocide in Gaza being carried out by Israeli forces, and the ongoing failure of the New Zealand government to impose meaningful sanctions on Israel.”
Norman cited a statement by the UN Human Rights Office last week that “at least 410 Palestinians have been killed by the Israeli military while trying to fetch from controversial new aid hubs in Gaza”.
The office said this was “a likely war crime”.
‘Killing field’
He also cited Ha’aretz, a respected Israeli newspaper, quoting an Israeli soldier describing the Israeli and US-backed Gaza Humanitarian Foundation (GHC) aid hubs as a “killing field”.
In March last year, Sydney law firm Birchgrove Legal referred a case to ICC Chief Prosecutor Karim Khan consisting of 92 pages of documented evidence, alleging that Australian Prime Minister Anthony Albanese and several other high level local politicians were complicit in the Gaza genocide.
The case was lodged under article 15 of the Rome Statute and although Albanese claimed it had “no credibility”, two months later the ICC announced that it had agreed to investigate Albanese as part of its ongoing “Situation in the State of Palestine” investigation.
In January 2015, the Palestinian government lodged a claim with the ICC regarding war crimes committed in the occupied Palestinian territories since 13 June 2014.
Amnesty International, Human Rights Watch, leading international scholars and the UN Special Committee to investigate Israel’s practices have all condemned Israel’s actions as genocide.
In November 2024, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant for the war crimes of starvation as a weapon and crimes against humanity.
‘Letter of demand’
The New Zealand referral to the ICC followed a “letter of demand” issued to the government last year actions that a “reasonable government” would take to prevent and punish the crime of genocide, and the actions a government should take to avoid criminal complicity with Israel.
“For 20 months these political and business leaders have supported Israel to commit crimes which have shocked the human conscience,” Minto and Nazzal said.
“This has brought shame on the whole country.”
It is understood that this is the first time that New Zealand political or business leaders have been referred to the ICC for investigation.
There were no immediate responses. However, a growing number of such cases are being filed around the world.
In July 2024, the UN’s highest global court, the International Court of Justice (ICJ) issued an advisory opinion declaring that Israel’s continued presence in the Occupied Palestinian Territory, including Gaza and East Jerusalem, was illegal.
It called on Israel to halt all settlements and withdraw settlers from the territory. The court is also investigating Israel over a case brought by South Africa alleging genocide.
