Green Party co-leader Chlöe Swarbrick called on New Zealand government MPs today to support her Member’s Bill to sanction Israel over its “crazy slaughter” of Palestinians in Gaza.

Speaking at a large pro-Palestinian solidarity rally in the heart of New Zealand’s largest city Auckland, she said Aotearoa New Zealand could no longer “remain a bystander to the slaughter of innocent people in Gaza”.

In the fifth day since Israel broke the two-month-old ceasefire and refused to begin negotiations on phase two of the truce — which was supposed to lead to a complete withdrawal of Israeli troops from the besieged enclave and an exchange of hostages — health officials reported that the death toll had risen above 630, mostly children and women.

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Five children were killed in a major overnight air attack on Gaza City and at least eight members of the family remained trapped under the rubble as Israeli attacks continued in the holy fasting month of Ramadan.

Confirmed casualty figures in Gaza since October 7, 2023, now stand at 49,747 with 113,213 wounded, the Gaza Health Ministry said.

For more than two weeks, Israel has sealed off border crossings and barred food, water and electricity and today it blew up the Turkish-Palestinian Friendship Hospital, the only medical institution in Gaza able to provide cancer treatment.

“The research has said it from libraries, libraries and libraries. And what is it doing in Gaza?” said Swarbrick.

‘Ethnic cleansing . . . on livestream’
“It is ethnic cleansing. It is apartheid. It is genocide. And we have that delivered to us by  livestream to each one of us every single day on our cellphones,” she said.

“That is crazy. It is crazy to wake up every single day to that.”

Swarbrick said Aotearoa New Zealand must act now to sanction Israel for its crimes — “just like we did with Russia for its illegal action in Ukraine.”

She said that with the Green Party, Te Pāti Māori and Labour’s committed support, they now needed just six of the 68 government MPs to “pass my Unlawful Occupation of Palestine Sanctions Bill into law”.

“There’s no more time for talk. If we stand for human rights and peace and justice, our Parliament must act,” she said.

In September, Aotearoa had joined 123 UN member states to support a resolution calling for sanctions against those responsible for Israel’s “unlawful presence in the Occupied Palestinian Territory, including in relation to settler violence”.

“Our government has since done nothing to fulfil that commitment. Our Unlawful Occupation of Palestine Sanctions Bill starts that very basic process.

“No party leader or whip can stop a Member of Parliament exercising their democratic right to vote how they know they need to on this Bill,” she said to resounding cheers.

‘No hiding behind party lines’
“There is no more hiding behind party lines. All 123 Members of Parliament are each individually, personally responsible.”

Several Palestinian women spoke of the terror with the new wave of Israeli bombings and of their families’ personal connections with the suffering in Gaza, saying it was vitally important to “hear our stories”. Some spoke of the New Zealand government’s “cowardice” for not speaking out in opposition like many other countries.

About 1000 people took part in the protest in a part of Britomart’s Te Komititanga Square in a section now popularly known as “Palestine Corner”.

Amid a sea of banners and Palestinian flags there were placards declaring “Stop the genocide”, “Jews for tangata whenua from Aotearoa to Palestine”, “Hands off West Bank End the occupation” , “The people united will never be defeated”, “Decolonise your mind, stand with Palestine,” “Genocide — made in USA”, and “Toitū Te Tiriti Free Palestine”.

The ceasefire-breaking Israeli attacks on Gaza have shocked the world and led to three UN General Assembly debates this week on the Middle East.

France, Germany and Britain are among the latest countries to condemn Israel for breaching the ceasefire — describing it as a “dramatic step backwards”, and France has told the UN that it is opposed to any form of annexation by Israel of any Palestinian territory.

Meanwhile, Sultan Barakat, a professor at Hamad Bin Khalifa University in Qatar, told Al Jazeera in an interview that the more atrocities Israel committed in Gaza, the more young Palestinian men and women would join Hamas.

“So it’s not going to disappear any time soon,” he said.

With Israel killing more than 630 people in five days and cutting off all aid to the Strip for weeks, there was no trust on the part of Hamas to restart the ceasefire, Professor Barakat said.

Marwan Bishara, Al Jazeera’s senior political analyst, has condemned Israel’s extensive airstrikes on Syrian installations — reportedly almost 500 times in 72 hours, comparing them to historic Israeli actions justified as “security measures”.

He criticised the hypocrisy of Israel’s security pretext endorsed by Western powers.

Asked why Israel was bombing Syria and encroaching on its territory just days after the ousting of the Bashar al-Assad regime after 54 years in power, he told Al Jazeera: “Because it can get away with it.”

• READ MORE: Israel bombs near Damascus as Syrians celebrate fall of al-Assad regime
• Other Gaza and Syria reports

Bishara explained that Israel aimed to destabilise and weaken neighbouring countries for its own security.

He noted that the new Syrian administration was overwhelmed and unable to respond effectively.

Bishara highlighted that regional powers like Egypt and Saudi Arabia had condemned Israel’s actions, even though Western countries had been largely silent.

He said Israel was “taking advantage” of the chaos to “settle scores”.

“One can go back 75 years, 80 years, and look at Israel since its inception,” he said.

“What has it been? In a state of war. Continuous, consistent state of war, bombing countries, destabilising countries, carrying out genocide, war crimes, and ethnic cleansing.

“All of it for the same reason — presumably it’s security.

“Under the pretext of security, Israel would carry [out] the worst kind of violations of international law, the worst kind of ethnic cleansing, worst kind of genocide.

“And that’s what we have seen it do.

“Now, certainly in this very particular instance it’s taking advantage of the fact that there is a bit of chaos, if you will, slash change, dramatic change in Syria after 50 years of more of the same in order to settle scores with a country that it has always deemed to be a dangerous enemy, and that is Syria.

“So I think the idea of decapitating, destabilising, undercutting, undermining Syria and Syria’s national security, will always be a main goal for Israel.”

In an Auckland Tāmaki Makaurau solidarity rally today, protesters condemned Israel’s bombing of Syria and also called on New Zealand’s Christopher Luxon-led coalition government to take a stronger stance against Israel and to pressure major countries to impose UN sanctions against Tel Aviv.

A prominent lawyer, Labour Party activist and law school senior academic at Auckland University of Technology, Dr Myra Williamson, spoke about the breakthrough in international law last month with the International Criminal Court (ICC) arrest warrants being issued against Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant for alleged war crimes and crimes against humanity in Gaza.

Lawyer and law school academic Dr Myra Williamson speaking at the Auckland rally today.  Video: Asia Pacific Report

“What you have to be aware of is that the ICC is being threatened — the individuals are being threatened and the court itself is being threatened, mainly by the United States,” she told the solidarity crowd in Te Komititanga Square.

“Personal threats to the judges, to the prosecutor Karim Khan.

“So you need to be vocal and you need to talk to people over the summer about how important that work is. Just to get the warrants issued was a major achievement and the next thing is to get them on trial in The Hague.”

ICC Annual Meeting — court under threat.      Video: Al Jazeera

The Palestinian BDS National Committee (BNC), the largest coalition in Palestinian society leading the global BDS movement, has called for immediate pressure on all states to support the updated resolution tabled at the UN General Assembly calling for sanctions on Israel.

The resolution is aimed at enacting the July 2024 Advisory Opinion of the International Court of Justice (ICJ) about the illegality of Israel’s occupation of Palestinian territory and its violation of the prohibition of apartheid under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).

A vote is expected tomorrow.

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This resolution, a diluted version of an earlier draft, falls below the bare minimum of the legal obligations of states to implement the ICJ ruling, undoubtedly a result of intense bullying and intimidation by the colonial West — led by the US and Israel’s partners in the ongoing Gaza genocide against 2.3 million Palestinians.

By relegating ending the Gaza genocide to an afterthought, the resolution ignores its utmost urgency.

Despite such obvious failure, the resolution does call for:

• Ending Israel’s illegal occupation of Gaza and the West Bank, including East Jerusalem, within 12 months;
• Ending states’ complicity in aiding or maintaining this occupation by imposing trade and military sanctions such as “ceasing the importation of any products originating in the Israeli settlements, as well as the provision or transfer of arms, munitions and related equipment” to Israel. In April 2024, the UN Human Rights Council called for an embargo on “the sale, transfer and diversion of arms, munitions and other military equipment to Israel, the occupying Power;”
• Preventing, prohibiting and eradicating Israel’s violations of article 3 of CERD identified in the advisory opinion, regarding apartheid;
• Imposing sanctions, including travel bans and asset freezes, against individuals and entities engaged in the maintenance of Israel’s unlawful occupation.

Step in right direction
Limited in scope to addressing a mere subset of Palestinian rights, the resolution does not, indeed cannot, legally or morally prejudice the other rights of the Indigenous people of Palestine, particularly the right of our refugees since the 1948 Nakba to return and receive reparations and the right of the Palestinian people, including those who are citizens of apartheid Israel, to liberation from settler-colonialism and apartheid.

Supporting this resolution would therefore be only a step in the right direction. It cannot absolve states of their legal and moral obligations to end all complicity with Israel’s regime of oppression.

Meaningful targeted sanctions by states and inter-state groups (Organisation of Islamic Cooperation, Arab League, African Union etc.) remain absolutely necessary to stop Israel’s genocide and end its occupation and apartheid.

Failing to do so would further shatter international law’s credibility and relevance to the global majority.

Dozens of UN human rights experts have confirmed that the ICJ ruling “has finally reaffirmed a principle that seemed unclear, even to the United Nations: Freedom from foreign military occupation, racial segregation and apartheid is absolutely non-negotiable”.

The ruling in effect affirms that BDS is not just a right but also “an obligation,” and it constitutes a paradigm shift from one centered on “negotiations” between oppressor and oppressed to one centered on accountability, sanctions and enforcement to end the system of oppression and to uphold the inalienable, internationally recognised rights of the Palestinian people.

States must be pressured
To sincerely implement the ICJ ruling on the occupation and fulfil the legal obligations triggered by the court’s earlier finding that Israel is plausibly perpetrating genocide in Gaza, and in line with the demands by UN human rights experts, all states must be pressured to immediately:

• Impose a comprehensive arms embargo on Israel, including the export, import, shipping and transit of military and dual-use items, military cooperation, and academic and industrial research;
• Impose sanctions on trade, finance, travel, technology and cooperation with Israel;
• “Review all diplomatic, political, and economic ties with Israel, inclusive of business and finance, pension funds, academia and charities,” as stated by UN experts, to ensure an end to all complicity in Israel’s illegal occupation;
• Impose an embargo on oil, coal and other energy exports to Israel;
• Declare support for suspending apartheid Israel’s membership in the UN, as apartheid South Africa was suspended;
• Take immediate actions to ensure that their economic relationship with Israel and the activities of corporations domiciled in their territories do not breach their duty to prevent and to not be complicit in genocide and are not complicit in Israel’s commission of war crimes and crimes against humanity; and
• Reaffirm the right of Palestinian refugees to return, as per UNGA Resolution 194, and fully support UNRWA until this right can be exercised.

With the cabinet meeting on Monday agreeing to targeted Russian sanctions legislation, New Zealand is preparing to circumvent its normal United Nations-based response to international crises.

The Russia Sanctions Bill will allow additional sanctions against Russia, including the ability to:

• freeze assets in NZ;
• prevent people and companies from moving their money and assets to NZ to escape sanctions imposed by other countries; and
• stop super yachts, ships and aircraft from entering NZ waters or airspace.

Passing the law under urgency this week is justified due to Russia being one of the UN Security Council member states, allowing it to use its veto power to block any proposed UN sanctions.

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But this is a sad development, and a break with 30 years of diplomatic history. Since 1991, New Zealand has worked within the UN framework and largely based its sanctions regimes around what the UN has mandated.

Over Ukraine, New Zealand has taken some small and supplementary steps against Russia, such as travel bans and export controls over technologies that may have military value. But this has been inadequate compared with the actions of its allies, and the rapidly worsening situation.

Ukrainians in NZ urge Govt to seize Russian financial interests https://t.co/F0CfTrl7zI pic.twitter.com/XMgJeV8GAn

— 1News (@1NewsNZ) February 28, 2022

NZ must align with allies
To create a new sanctions regime outside the UN system, New Zealand will need to take into account various important factors, including the law’s scope and how it fits with the actions of its allies.

Above all, the legislation must recognise this is a unique situation and must not create a precedent that enables other actions outside the UN system. The new law must expressly state why the urgent actions are justified and the objectives it wants to achieve, and it should have a sunset clause whereby it will lapse on a set date unless expressly renewed.

The law must be effective, proportionate and targeted. Anti-Russian hysteria must be avoided. Due process, fairness to those involved, and compliance with existing international obligations, must be uppermost.

Detail must be applied to the creation of a cross-party sanctions committee and a monitoring group. The evidence used to justify sanctions should come from secure and robust sources, which should be as transparent as possible.

Coordination with friends and allies is uppermost. It’s not a question of how large New Zealand’s sanctions are, but rather that they are consistent with those of other countries. If there are inconsistencies, these risk being exploited both politically and economically.

U.S. Secretary of State Antony Blinken says the U.S. and its allies are having a “very active discussion” about banning the import of Russian oil and natural gas in the latest escalation of their sanctions in retaliation for Russia’s invasion of Ukraine. https://t.co/qk2wtRvSS6

— The Associated Press (@AP) March 6, 2022

Military aid an option
In a normal situation, a “laddering” process for sanctions is used: sanctions start softly (sporting or cultural events, for instance) and escalate (with some diplomatic restrictions) towards increasingly harsh trade restrictions prohibiting goods, from luxuries to near essentials.

Exclusion from airspace, maritime zones and even travel restrictions for ordinary citizens may be added to the mix, as Russia is increasingly isolated from the wider world. With events moving so fast already, New Zealand is already halfway up the ladder.

Military aid needs to be an option, too. The goal is to help the Ukrainians fight for their own freedom, without putting foreign “boots on the ground”. A distinction between lethal and non-lethal aid (such as body armour, communications equipment, food and medical kit) will need to be made.

Again, the question is not one of scale but consistency with friends and allies. The symbolism of such support is important. Supplementing the efforts of Australia, for example, would be useful.

The new law may also need to cover those New Zealanders who want to fight in Ukraine — on either side. New Zealanders without dual Ukrainian citizenship are unlikely to be given prisoner of war status if they’re captured.

Such volunteers will be in a grey area of domestic law, too, as current legislation covering the activities of mercenaries, or those who seek to go overseas to fight for terrorist groups, is inadequate.

Fighting the Russian invasion of a sovereign country is not an act of terrorism, and some may be willing to fight without significant financial incentives. The government should make the rules clear — again, consistent with friends and allies.

Putin says sanctions over Ukraine are like a declaration of war https://t.co/znr6yxpxEG

— BBC News (World) (@BBCWorld) March 5, 2022

Risk of unintended consequences
Despite what Vladimir Putin has suggested, sanctions are not an act of war. They are an unfortunate but sometimes necessary non-military strategy aimed at changing or ending a country’s harmful actions.

But even if New Zealand and other like-minded countries apply maximum pressure through sanctions, there is no guarantee Putin will change his policies.

Sanctions have the best chances of success when a country’s leadership feels affected by the pressure of its own citizens — or in Russia’s case, its oligarch class, as the prime minister hinted.

So, sanctions may work better with Russia than North Korea. But there is also a risk, if Putin starts to feel this pain, that he will respond in unexpected ways.

The only real certainty is significant collateral economic damage — for Russia and the world, including New Zealand. Everyone will see or feel the impact as economic and diplomatic relationships hit turbulence. Right now, however, there is no viable alternative.

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