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.
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:
“This letter reflects rising concern among the general community about Israel’s breaches of international law.
“The Government has tried to highlight red lines for Israel, but these have been repeatedly crossed, and it’s time that the Government considers doing more, in line with international law,”
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.
Article by AsiaPacificReport.nz