Action Our Obligations

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Christopher.Luxon@parliament.govt.nz
Rt Hon Christopher Luxon
Prime Minister
Parliament Buildings
Wellington

 

 

I am writing to request that you – as representative of our New Zealand government and the people of Aotearoa – adhere to all International Court of Justice, International Criminal Court and United Nations rulings and take immediate action to protect Palestinian lives in accordance with our obligations, to avoid complicity with war crimes and genocide.

 

A recent series of legal proceedings have found the State of Israel’s actions against Palestinians to be of criminal and plausibly genocidal intent; ruling that all member states must act to protect Palestinian lives to avoid complicity in war crimes and stop further mass casualties.

 

1. On 26 January 2024, the International Court of Justice (ICJ) determined the plausibility that Israel is carrying out genocide against Palestinians in Gaza, and ordered Israel to:
a) Prevent the commission of genocidal acts
b) Prevent and punish public incitement to genocide
c) Ensure aid and services reach Palestinians
d) Submit a report to the ICJ within one month of the order on measures taken to give effect of the above.

 

2. On February 19, 2024 The International Court of Justice (ICJ) began hearings into the legality of Israel’s occupation of Palestinian territories since 1967.

 

3. On March 25th, 2024, the United Nations Security Council passed a resolution for an immediate ceasefire.

 

4. By Order on 28 March 2024, The International Court of Justice reaffirmed the provisional measures of 26.01.24 and added:

 

“The State of Israel shall, in conformity with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, and in view of the worsening conditions of life faced by Palestinians in Gaza, in particular the spread of famine and starvation” must:

 

a) In full cooperation with the United Nations allow immediate and unhindered access to humanitarian aid (flood, medicine, water, electricity etc) by land
b) Not, through any action, hinder the delivery of urgently needed humanitarian assistance.

 

5. On May 24th, 2024 The International Court of Justice (ICJ) again reaffirmed and updated the provisional measures ordering Israel to:

 

a) Implement an immediate ceasefire and halt its offensive in Rafah
b) End all genocidal conduct i.e. any harm in whole or in part to the Palestinian population
c) Allow unhindered provision of basic services and humanitarian aid into Gaza and international investigators to enter the enclave to conduct inquiries.

 

6. May 25th, 2024, The United Nations Security Council passed a resolution calling on all countries to protect humanitarian aid workers by international law; denouncing attacks on UN staff and aid workers in conflict zones due to the unprecedented numbers of UN workers killed by Israel in Gaza.

 

7. On May 21st, 2024, the International Criminal Court (ICC) issued arrest warrants for Israeli Defence Minister Yoav Gallant and Israeli Prime Minister, Benjamin Netanyahu over alleged war crimes.

 

These rulings open up the possibility of much needed relief for Palestinians, but only if, “governments use their leverage to press Israel to urgently enforce the court’s measures” (Human Rights Watch). We – the people and government of New Zealand – must abide by international law and act now, humanely and with conviction to uphold the rules of war and to pressure Israel and its allies to comply with international law.

 

“As a party to the Genocide Convention and a strong defender of the international rules-based system, New Zealand has a real interest in ensuring the Genocide Convention is properly interpreted and applied. Disputes between states should be resolved by peaceful means, including through the ICJ, and not by the illegal use of force,” Former NZ Attorney-General, David Parker

 

Israel has not complied with any of the International Court of Justice’s rulings and has not implemented the ceasefire resolution passed by the UN Security Council on March 25. Israel’s top leaders have had warrants issued for their arrests by the International Criminal Court for war crimes. The State of Israel has repeatedly fabricated, and retracted claims in order to bolster its position, yet the facts remain.

 

Palestinians in Gaza are suffering every day from an all-out destructive military campaign that blatantly ignores the rules of war. We are witnessing a worsening situation in Gaza and indiscriminate attacks on civilians, medical and aid workers, and health facilities continue.

 

“Even wars have rules. No child should be cut off from essential services, nor fall from the reach of humanitarian hands. No child should be held hostage or used by any means in armed conflict. Hospitals and schools must be protected from bombings, and they must not be used for military purposes, in accordance with international humanitarian law.” UNICEF

 

All states that directly or indirectly support Israel are morally and politically complicit. New Zealand must take a stand now.

 

Acting in accordance with international law and the legally binding statutes we are signatory to, requires New Zealand to adhere to all International Court of Justice, International Criminal Court, and United Nations rulings and take immediate action to protect Palestinian lives. These orders put all State actors – New Zealand included – on notice to safeguard Palestinian lives, suspend arms transfers, cut diplomatic ties, and agitate for a ceasefire.

 

“The Gaza Genocide will not easily end without external pressure: Israel must face sanctions, justice, suspension of agreements, trade, partnership and investments, as well as participation in international forums.” Francesca Albanese, United Nations special rapporteur on human rights in the Palestinian territories.

 

I am writing to request that you – as our nations representative – fulfil our legal obligations. I respectfully demand you act on our country’s behalf and utilise all diplomatic procedure, policy and pressure to :

 

Call for an unconditional ceasefire

Calling for an unconditional ceasefire is the foremost way to end the death and destruction of Palestinian lives and land.

 

“No-one and nowhere is safe. People who survive the relentless airstrikes are living in overcrowded shelters, in tents, on the streets. With little food or clean water. If bombs don’t kill them, disease or starvation are round the corner. This is an appalling humanitarian catastrophe.” OXFAM

 

Call for a cessation of attacks of civilians, hospitals and health workers

It is a war crime to attack civilians, health care facilities, and healthcare and aid workers. It is also a crime to target journalists. Functioning health care facilities are imperative for the treatment of an injured, displaced and traumatized population. In order to facilitate the health and prosperity of Palestinians they need safe spaces to live and heal, infrastructure that facilities their health and wellbeing, and autonomy of access and care to ensure their survival.  New Zealand must adhere to The United Nations Security Council’s ruling to protect international humanitarian aid workers. The New Zealand government is ideally placed to use all diplomatic means available to model best practice and pressure Israel to abide by international law.

 

Call for and support the unhindered access to humanitarian aid and ensure the ground flow of lifesaving supplies

On the brink of famine and starvation, without access to medical care and equipment and amidst a war torn territory besieged by Israel’s 16 year blockade and ongoing 57 year occupation, Palestinians are at a plausible risk of genocide. “Not only has Israel created one of the worst humanitarian crises in the world, but it is also displaying a callous indifference to the fate of Gaza’s population by creating conditions which the ICJ has said places them at imminent risk of genocide. Time and time again, Israel has failed to take the bare minimum steps humanitarians have desperately pleaded for that are clearly within its power to alleviate the suffering of Palestinian civilians in Gaza,” said Heba Morayef, regional director for the Middle East and North Africa at Amnesty International. It is imperative that the borders be opened and unhindered aid immediately provided to the Palestinian people to prevent their genocide.

 

According to the World Health Organisation (WHO), the entire population of Gaza – roughly 2.2 million people – are at catastrophic famine levels of food insecurity, with UNICEF stating that famine has already firmly taken root.

 

“For the children who survive the bombs and ground operations, many will die from famine, dehydration and disease if humanitarian aid continues to be weaponised. More than 1 million children in Gaza are at imminent risk of famine.” Save The Children

 

New Zealand must do all within its power to exert pressure and create the diplomatic conditions for aid access.

 

Call for the release of all hostages 

Israel has arrested and holds captive unlawfully nearly 10,000 Palestinians, 250 which are children. This number does not include the thousands of adults and children the Israeli army has reportedly detained, tortured and interrogated in makeshift prisons across Gaza, outside any legal or civilian oversight (Addameer Prisoner Support and Human Rights Association)

 

“Israel’s sweeping use of administrative detention is not lawful,” said Omar Shakir, the Israel-Palestine director at Human Rights Watch. “But these practices don’t just date back years, but decades and they have only escalated since October 7.” New Zealand must balance calls for release of Israeli hostages – military personal and civilian alike – with calls for an end to barbaric torture, detainment, imprisonment and captivity of Palestinians.

 

Immediately reinstate and increase funding to The United Nations Relief and Works Agency for Palestine Refugees (UNRWA)

New Zealand must resume and increase its funding to UNRWA – the UN established relief and works programmes for Palestine refugees (750,000+) forcibly displaced on the creation of the state of Israel in 1948. UNRWA’s mandate is to provide education, health, social support and infrastructure to Palestinians in the Palestinian Territories.

 

The World Health Organisation states that UNRWA is, “the backbone of the humanitarian operations in Gaza” and that it must be supported to receive the resources it needs to provide life-saving assistance. Furthermore it calls for a halt to campaigns that seek to discredit the United Nations and non-governmental organisations that are doing their best to save lives.

 

“The Elders call on donors to resume funding for the UN Relief and Works Agency for Palestine Refugees (UNRWA) immediately in the face of an ever-worsening humanitarian catastrophe in Gaza.” Former Prime Minister of New Zealand, Helen Clark and head of the UN Development Programme, The Elders.

 

Resuming and increasing funding to UNRWA highlights New Zealand’s commitment to upholding international law, by ensuring Palestinian lives and are protected and the sanctity of international law and the United Nations authority is upheld. Furthermore, reinstating funding would show New Zealand is complying with its obligations under the Genocide Convention to stop genocide from occurring where it has been deemed plausible as per the International Court of Justice’s ruling.

 

Expel the Israeli ambassador

No atrocity crime is ever justified. Diplomatic pressure upon Israel and its allies is key to demonstrating New Zealand’s willingness to comply with International Law and denounce criminal activity.

 

“If we respect the ICC, it has to be in any case, on any occasion, with respect to anyone.” Joseph Borrell, European Union foreign policy chief

 

New Zealand must declare the ambassador of Israel persona no grata and expel him to Israel. We must in no way be seen to be complicit with the actions of Israel and through our diplomatic actions make it clear that we do not support Israel’s unruly behaviour. Furthermore New Zealand must take action to stop the commission of further crimes and unequivocally back any independent judicial effort to bring about accountability.

 

Ensure sound investigation into whether New Zealand is participating in military arms construction, distribution, sales and or investment that supports, contributes, funds or reaps the benefit of Israel’s war on Palestinians

The international community has a crucial role to play in the enforcement of the ICJ order and New Zealand has an opportunity to act with transparency and integrity by ensuring it does not support Israel’s military actions in any way. If we continue to blindly or openly support Israel and block attempts to hold it accountable, we face the very real risk of facing charges of “complicity in genocide”, outlined in Article III of the Genocide Convention.

 

Immediately grant visa and safe passage to Palestinians with family in New Zealand, that they will be reunited with their whanau and be offered safe haven and support

A coalition of over 30 charities, academics, and NGOs have already called on the New Zealand government to urgently provide emergency evacuation and humanitarian visas to allow Palestinians in Gaza to re-settle in New Zealand. We must act now and provide emergency safe passage out of Gaza and into Aotearoa urgently. The application process and the issuing of visas should be fast tracked in order to ensure that family members are brought to safety urgently.

 

Call for an end to occupation and apartheid and support Palestinian sovereignty

As a nation, we have the opportunity to be part of a historic process that could redefine the application of international law in conflict resolution and uphold the principles of justice and accountability on the global stage.

 

Israel’s 57 year occupation, including over a dozen ‘wars’ on Gaza, with tens of thousands killed and thousands taken hostage, has proceeded with relative impunity and allowed Israeli authorities to maintain a system of apartheid, “passing laws that deepen the segregation of Palestinians from Israelis, confine Palestinians to deprived locations, and implementing policies that further the systematic dispossession of Palestinians. Wanton destruction, home demolitions, denial of access to livelihoods, and state-backed settler violence, all intensified forced displacement.” Amnesty International

 

In order to protect Palestinian lives New Zealand must act to ensure it is not supporting an apartheid state and call out injustice when it sees it. A ceasefire, end to the occupation and apartheid, and recognition of Palestinian sovereignty and statehood is essential to upholding our obligation to international law.

 

“Gaza has become hell on earth.  Families continue to seek refuge, trying to escape war, but there is no such things as a safe place in the Gaza Strip.  No one is safe: not civilians, not aid workers, no one has been spared.  We need a ceasefire now.”  The United Nations Palestinian Refugee Agency (UNRWA)

 

Please act now

This request is urgent. Our action can literally save lives. Our inaction is not only a death sentence; we too could become complicit in crimes against humanity.

 

Please act now on our behalf to bring peace, humanity, justice, and life for the Palestinian people.

 

Ngā mihi.

 

(your name)

ADDITIONAL MEMBERS OF PARLIAMENT EMAIL LIST

(not exhaustive)

 

Coalition Government

 

Christopher Luxon

Minister for National Security and Intelligence, Minister Responsible for Ministerial Services

Christopher.Luxon@parliament.govt.nz

 

Nicola Willis

Deputy Leader of the National Party, Minister of Finance, Minister for the Public Service, Minister for Social Investment, Associate Minister of Climate Change

nicola.willis@national.org.nz

 

Judith Collins

Attorney-General, Minister of Defence, Minister for Digitising Government, Minister Responsible for the GCSB, Minister Responsible for the NZSIS, Minister of Science, Innovation and Technology, Minister for Space, Lead Coordination Minister for the Government’s Response to the Royal Commission’s Report into the Terrorist Attack on the Christchurch Mosques

judith.collins@parliament.govt.nz

 

Chris Penk

Minister for Building and Construction, Minister for Land Information, Minister for Veterans, Associate Minister of Defence, Associate Minister of Immigration

christopher.penk@parliament.govt.nz

 

Winston Peters

Deputy Prime Minister (Until 31 May 2025), Minister of Foreign Affairs, and Minister for Racing

Winston.PetersMP@parliament.govt.nz

 

David Seymour

Minister for Regulation and the Associate Minister of Health (Pharmac), Finance, and Education (Partnership Schools)

david.seymour@parliament.govt.nz

 

Todd McClay

Minister of Agriculture, Minister of Forestry, Minister for Hunting and Fishing, Minister for Trade, Associate Minister of Foreign Affairs

todd.mcclay@parliament.govt.nz

 

Shane Reti

Minister of Health, Minister for Pacific Peoples

shane.reti@parliament.govt.nz

 

Erica Stanford

Minister of Education, Minister of Immigration

erica.stanford@parliament.govt.nz

 

Paul Goldmith

Minister for Arts, Culture and Heritage, Minister of Justice, Minister of Media and Communications, Minister for State Owned Enterprises, Minister for Treaty of Waitangi Negotiations

paul.goldsmith@parliament.govt.nz

 

Louise Upston

Minister for the Community and Voluntary Sector, Minister for Disability Issues, Minister for Social Development and Employment, Minister for Child Poverty Reduction

louise.upston@national.org.nz

 

Nicola Grigg

Minister of State for Trade, Minister for Women, Associate Minister of Agriculture (Horticulture)

nicola.griggmp@parliament.govt.nz

 

Gerry Brownlee

Speaker of the House

Gerry.Brownlee@parliament.govt.nz

 

 

Opposition

 

Labour

 

Chris Hipkins
Leader of the Labour Party

chris.hipkins@parliament.govt.nz

 

 

Carmel Sepuloni
Deputy Leader of the Labour Party
carmel.sepuloni@parliament.govt.nz

 

 

Megan Woods
Spokesperson for Climate Change, Energy, Resources, Associate Finance
megan.woodsmp@parliament.govt.nz

 

 

Barbara Edmonds
Spokesperson for Finance, Infrastructure
barbara.edmonds@parliament.govt.nz

 

 

Willie Jackson
Spokesperson for Māori Development, Broadcasting and Media, Employment, Associate Housing, Associate Workplace Relations and Safety
willie.jackson@parliament.govt.nz

 

 

Ayesha Verrall
Spokesperson for Health, Public Service, Wellington Issues
ayesha.verrall@parliament.govt.nz

 

 

Willow-Jean Prime
Spokesperson for Children, Youth, Associate Education (Māori)
willow-jean.prime@parliament.govt.nz

 

 

Kieran McAnulty
Shadow Leader of the House
Spokesperson for Housing, Local Government, Regional Development
kieran.mcanulty@parliament.govt.nz

 

 

Ginny Andersen
Spokesperson for Police, Prevention of Family and Sexual Violence, Social Investment, Associate Social Development, Treaty of Waitangi Negotiations
ginny.andersenMP@parliament.govt.nz

 

 

Jan Tinetti
Spokesperson for Education, Women

jan.tinetti@parliament.govt.nz

 

 

Peeni Henare
Spokesperson for Defence, Sport and Recreation, Associate Health, Māori Crown Relations: Te Arawhiti
peeni.henare@parliament.govt.nz

 

 

Priyanca Radhakrishnan
Spokesperson for Conservation, Disability Issues, NZSIS, GCSB
Priyanca.Radhakrishnan@parliament.govt.nz

 

 

Jo Luxton

Spokesperson for Agriculture, Biosecurity, Rural Communities
jo.luxton@parliament.govt.nz

 

 

Dr Duncan Webb
Deputy Shadow Leader of the House
Spokesperson for Justice, Regulation, Earthquake Commission, Christchurch Issues
duncan.webb@parliament.govt.nz

 

 

Deborah Russell
Spokesperson for Revenue, Science, Innovation and Technology, Associate Education (Tertiary)
deborah.russell@parliament.govt.nz

 

 

Rachel Brooking
Spokesperson for Environment, Food Safety, Space

rachel.brookingmp@parliament.govt.nz

 

Damien O’Connor
Spokesperson for Trade, Land Information, Associate Foreign Affairs, Associate Transport
damien.oconnor@parliament.govt.nz

 

 

David Parker
Spokesperson for Foreign Affairs, Shadow Attorney General, Electoral Reform
david.parker@parliament.govt.nz

 

 

Tangi Utikere
Chief Whip
Spokesperson for Transport, Oceans and Fisheries, Racing, Associate Education (Pacific)
tangi.utikere@parliament.govt.nz

 

 

Camilla Belich
Junior Whip
Spokesperson for Workplace Relations and Safety, Emergency Management

camilla.belich@parliament.govt.nz

 

 

Arena Williams
Assistant Whip
Spokesperson for Commerce and Consumer Affairs, Building and Construction, State Owned Enterprises
arena.williams@parliament.govt.nz

 

 

Phil Twyford
Spokesperson for Immigration, Disarmament and Arms Control, Associate Foreign Affairs
phil.twyford@parliament.govt.nz

 

 

Greg O’Connor
Assistant Speaker
Spokesperson for Courts, Veterans
greg.oconnor@labour.org.nz

 

 

Jenny Salesa
Spokesperson for Ethnic Communities, Customs
Jenny.Salesa@parliament.govt.nz

 

 

Rachel Boyack
Spokesperson for ACC, Arts, Culture and Heritage, Animal Welfare
rachel.boyack@parliament.govt.nz

 

 

Adrian Rurawhe
Spokesperson for Whānau Ora, Associate Māori Development
adrian.rurawhe@parliament.govt.nz

 

 

Helen White
Spokesperson for Community and Voluntary Sector, Small Business and Manufacturing, Associate Justice
Helen.white@parliament.govt.nz

 

 

Ingrid Leary
Spokesperson for Seniors, Mental Health
ingrid.leary@parliament.govt.nz

 

 

Lemauga Lydia Sosene
Spokesperson for Internal Affairs, Associate Pacific Peoples, Associate Social Development and Employment
lemauga.lydia.sosene@parliament.govt.nz

 

 

Green Party

 

Marama Davidson

Green Party Co-Leader, Child Poverty Reduction, Conservation, Prevention of Family and Sexual Violence, Social Investment

Marama.Davidson@parliament.govt.nz

 

Chloe Swarbrick

Green Party Co-Leader, Climate Change, Finance, Revenue, Mental Health, and Drug Law Reform.

Chloe.Swarbrick@parliament.govt.nz

 

Te Pāti Māori

Debbie Ngarewa-Packer

Co- Leader Te Pāti Māori

Debbie.Ngarewa-Packer@parliament.govt.nz

 

Rawiri Waititi

Co- Leader Te Pāti Māori

Rawiri.Waititi@parliament.govt.nz