Asia Pacific Report

Ninety-five New Zealand lawyers — including nine king’s counsel — have signed a letter demanding Prime Minister Christopher Luxon, Foreign Minister Winston Peters and two other ministers urge the government to take a stronger stand against Israel’s “catastrophic” actions in Gaza.

The letter has been sent amid rising tensions in the region, following Israel’s surprise attacks on Iran last Friday, and Iran’s retaliatory attacks.

A statement by the Justice For Palestine advocacy group said the letter’s signatories represented all levels of seniority in the legal community, including senior barristers, law firm partners, legal academics, and in-house lawyers.

• READ MORE: Israel kills at least 70 Palestinians in Gaza’s deadliest day at militarised aid sites
• The full Justice For Palestine letter

The letter cited the 26 July 2024 joint statement by the prime ministers of Canada, Australia and New Zealand which acknowledged: “The situation in Gaza is catastrophic. The human suffering is unacceptable. It cannot continue.”

“But it has continued,” said the letter.  “The plight of the civilian population in Gaza has significantly deteriorated, featuring steadily escalating levels of bombardment, forced displacement of civilians, blockades of aid and deliberate targeting of hospitals, aid workers and journalists.”

The same month, the International Court of Justice (ICJ) had declared Israel’s continued presence in the Occupied Palestinian Territory to be unlawful.

Obligations under international law
In September last year, New Zealand voted in favour of a UN General Assembly resolution calling on all UN member states to comply with their obligations under international law and take concrete steps to address Israel’s ongoing presence in the Occupied Palestinian Territory, said the Justice For Palestine statement.

At the time, New Zealand had noted it expected Israel to take meaningful steps towards compliance with international law, including withdrawal from the Occupied Palestinian Territory. The letter stated that Israel had done nothing of the sort.

The letter points out that last month independent UN experts had demanded immediate international intervention to “end the violence or bear witness to the annihilation of the Palestinian population in Gaza.”

UN experts have observed more than 52,535 deaths, of which 70 percent continue to be women and children, said the statement.

The UN Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, Tom Fletcher, had called for a response “as humanitarians” urging “Humanity, the law and reason must prevail”.

The Justice For Palestine letter urged the government to consider a stronger response, including:

• condemning Israel’s unlawful presence in the Occupied Palestinian Territory,
• reviewing immediately all diplomatic and political and economic ties with Israel, and
• imposing further sanctions after New Zealand had imposed sanctions on two extremist Israeli politicians.

Rising concern over Israeli breaches
One of the letter’s signatories, barrister Max Harris, said:

Aedeen Boadita-Cormican, another barrister, who signed the letter, said: “The government could do more to follow through on how it has voted at the United Nations and what it has said internationally.”

“This letter shows the depth of concern in the legal community about Israel’s actions,” she added.

Journalists have been targeted, detained and tortured by the Israeli military in Gaza — and Reporters Without Borders (RSF) has now taken a new approach towards bringing justice these crimes.

The Paris-based global media freedom NGO has submitted multiple formal requests to the International Criminal Court (ICC) asking that Palestinian journalists who are victims of Israeli war crimes in Gaza be allowed to participate as such in international judicial proceedings.

If granted this status, these journalists would be able to present the ICC with the direct and personal harm they have suffered at the hands of Israeli forces, reports RSF.

• READ MORE: Other Gaza journalists reports

RSF has filed four complaints with the ICC concerning war crimes committed against journalists in Gaza and recently joined director Sepideh Farsi at the Cannes Film Festival to pay tribute to Fatma Hassoun, a photojournalist killed by the Israeli army after it was revealed she was featured in the documentary film Put Your Soul on Your Hand and Walk.

After filing the four complaints with the ICC concerning war crimes committed against journalists in Gaza since October 2023, RSF is resolutely continuing its efforts to bring the issue before international justice.

The NGO has submitted several victim participation forms to the ICC so that Gazan journalists can participate in the legal process as recognised victims, not just as witnesses.

Being officially recognised as victims is a first step toward justice, truth, and reparations — and it is an essential step toward protecting press freedom and journalistic integrity in conflict zones.

Nearly 200 journalists killed
Since October 2023, Israeli armed forces have killed nearly 200 journalists in Gaza — the Gaza Media Office says more than 215 journalists have been killed — at least 44 of whom were targeted because of their work, according to RSF data.

Not only are foreign journalists barred from entering the blockaded Palestinian territory, but local reporters have watched their homes and newsrooms be destroyed by Israeli airstrikes and have been constantly displaced amid a devastating humanitarian crisis.

Qatar’s Foreign Ministry has rejected media reports that it has pulled out of mediation efforts between Israel and Hamas but added that it has “stalled” its efforts until all parties show “willingness and seriousness” to end the war.

News of the suspension comes as Gaza marks 400 days of war with more than 43,000 Palestinians being killed, 102,000 wounded and 10,000 missing.

The death toll includes at least 17,385 children, including 825 children below the age of one, and nearly 12,000 women.

• READ MORE: What’s the Israel-Palestine conflict about? A quick reckoner
• Israeli attack kills dozens in Gaza, including children
• ‘Catastrophic’ ethnic cleansing amid north Gaza news void, says global media watchdog
• Other Israel’s war on Gaza reports

In a statement on X, the ministry spokesperson Majed al-Ansari said Qatar had informed the relevant mediation parties 10 days ago of its intentions.

Al-Ansari also said that reports regarding the Hamas political office in Doha were inaccurate, “stating that the main goal of the of the office in Qatar is to be a channel of communication between the concerned parties”.

Spokesperson for the Ministry of Foreign Affairs @majedalansari : Qatar’s efforts to mediate between Hamas and Israel are currently stalled #MOFAQatar pic.twitter.com/pvHFKuxqA2

— Ministry of Foreign Affairs – Qatar (@MofaQatar_EN) November 9, 2024

Qatar’s Foreign Ministry spokesperson also said that the country would not accept that its role as a mediator be used to “blackmail it”.

“Qatar will not accept that mediation be a reason for blackmailing it, as we have witnessed manipulation since the collapse of the first pause and the women and children exchange deal, especially in retreating from obligations agreed upon through mediation, and exploiting the continuation of negotiations to justify the continuation of the war to serve narrow political purposes,” he said in the statement posted on X.

Criticism aimed at Israel
Commentators on Al Jazeera pointed to the criticism being primarily aimed at Israel and the US.

Senior political analyst Marwan Bishara said Qatar had been spearheading the attempt at reaching a ceasefire “for so long now”.

“Clearly, there have been attempts by a number of parties, notably the Israelis, to undermine the process or abuse the process of diplomacy in order to continue the war.”

Earlier, Cindy McCain, executive director of the UN’s World Food Programme (WFP), said immediate steps must be taken to prevent an “all-out catastrophe” in northern Gaza where Israeli forces have maintained a monthlong siege on as many as 95,000 civilian residents amid its brutal military offensive in the area.

‘Unacceptable’ famine crisis
“The unacceptable is confirmed: Famine is likely happening in north Gaza,” McCain wrote on social media.

Steps must be taken immediately, McCain said, to allow the “safe, rapid [and] unimpeded flow of humanitarian [and] commercial supplies” to reach the besieged population in the north of the war-torn territory.

World Health Organisation Director-General Tedros Adhanom Ghebreyesus has added his voice to rising concerns, saying on social media it was: “Deeply alarming.”

A group of global food security experts has reported that famine is likely “imminent within the northern Gaza Strip”.

Meanwhile, more than 50 countries have signed a letter urging the UN Security Council and General Assembly to take immediate steps to halt arms sales to Israel.

The letter accuses the Israeli government of not doing enough to protect the lives of civilians during its assault on Gaza, reports Al Jazeera.

It was perhaps inevitable that the shock Hamas attack on Israel would become a minor election sideshow in New Zealand. Less than a week from the Aotearoa New Zealand polls, a crisis in the Middle East offered opposition parties a brief chance to criticise the foreign minister’s initial reaction.

But if it was a fleeting and fairly trivial moment in the heat of a campaign, the crisis itself is far from it — and it will test the foreign policy positions of whichever parties manage to form a government after Saturday.

It can be tempting to see the latest eruption of violence in Gaza and Israel as somehow “normal”, given the history of the region. But this is far from normal.

• READ MORE: The Gaza Strip − why the history of the densely populated enclave is key to understanding the current conflict
• Israel has no good options for dealing with Hamas’ hostage-taking in Gaza
• Israel-Gaza conflict: how could it change the Middle East’s political landscape? Expert Q&A
• Other Israel-Gaza conflict reports

What appear to be intentional war crimes and crimes against humanity, involving the use of terror against citizens and guests of Israel, will provoke what will probably be an unprecedented response.

Israel’s declaration of war and formation of an emergency war cabinet — backed by threats to “wipe this thing called Hamas off the face of the Earth” — were the start.

The bombardment and “complete siege” of Gaza, and preparation for a possible ground invasion, have catastrophic potential.

Hundreds of thousands may be forced towards Egypt or into the Mediterranean, with the fate of the hostages held by Hamas looking dire. Israel has now said there will be no humanitarian aid until the hostages are free.

There is a risk the war will spread over Israel’s northern border with Lebanon, with Hezbollah (backed by Iran) now involved.

US President Joe Biden’s warning to Iran to “be careful”, and the deployment of a US carrier fleet to the Eastern Mediterranean, only ups the ante.

“The number of bombs that Israel has dropped on the Gaza Strip in the last six days is equal to the number of bombs that America has dropped in Afghanistan in a year.”

– The Washington Post pic.twitter.com/0CiXPZKL1u

— PALESTINE ONLINE (@OnlinePalEng) October 13, 2023

Rules of war
Given the suspension of some commercial flights to and from Israel, New Zealand’s most meaningful first response has been practical: arranging a special flight from Tel Aviv for citizens and Pacific Islanders, and their families, currently in Israel or the Palestinian territories who wish to leave.

Beyond these immediate concerns, however, the world is divided. Outrage in the West is matched by support in Arab countries for Palestinian “resistance”. Despite US efforts to get a global consensus condemning the attack, the United Nations Security Council could not agree on a unified statement.

With no global consensus, New Zealand can do little more than assert and defend the established rules-based international order. This includes stating clearly that international humanitarian law and the rules of war are universal and must be applied impartially.

That’s akin to New Zealand’s position on the Russian invasion of Ukraine: the rules of war apply to all, both state and non-state forces (irrespective of whether those parties agree to them). War crimes are to be investigated, with accountability and consequences applied through the relevant international bodies.

This applies to crimes of terror, murder, hostage-taking and indiscriminate rocket attacks carried out by Hamas. But the government needs also to emphasise that war crimes do not justify further retaliatory war crimes.

Specifically, unless civilians take a direct part in the conflict, the distinction between them and combatants must be observed. Military action should be proportionate, with all feasible precautions taken to minimise incidental loss of civilian life.

International law prohibits collective punishments, and access for humanitarian relief should be permitted. To hold an entire population captive – as a siege of Gaza involves – for the crimes of a military organisation is not acceptable.

UNICEF: 447 Palestinian children have been killed in Gaza, there are reports that this number has already risen. #GazaUnderAttack pic.twitter.com/a2SNVqgOJg

— PALESTINE ONLINE (@OnlinePalEng) October 13, 2023

The two-state solution
It is also important that New Zealand carefully considers definitions of terrorism and legitimate force. Terrorists do not enjoy the political and legal legitimacy afforded by international law.

Unlike other members of the Five Eyes security network, New Zealand designates only the military wing of Hamas, not its political wing, as a prohibited “terrorist entity” under the Terrorism Suppression Act.

Whether this distinction is anything more than a fiction needs to be reviewed. If this were to change, it would mean the financing, participation in or recruitment to any branch of Hamas would be illegal. This might have implications for any future peace process, should Hamas be involved.

At some point, most people surely hope, the cycle of violence will end. The likeliest route to that will be the so-called “two-state solution”, requiring security guarantees for Israel, negotiated land swaps and careful management of Jerusalem’s holy sites.

New Zealand has long supported this initiative, despite its apparent diplomatic near-death status. An emergency meeting of the Arab League in Cairo this week urged Israel to resume talks to establish a viable Palestinian state, and China has also reiterated support such a solution.

New Zealand cannot stay silent when extreme, indiscriminate violence is committed by any group or nation. But joining any movement of like-minded nations to continue pushing for the two-state solution is still its best long-term strategy.

Dr Alexander Gillespie is professor of law, University of Waikato. This article is republished from The Conversation under a Creative Commons licence. Read the original article.