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:

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.

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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.

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.

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“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.

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The initial contribution would include $2.5 million to the International Committee of the Red Cross (ICRC) and a further $2.5 million to the World Food Programme (WFP) under the umbrella of the United Nations appeal.

The Defence Force also remains on standby to help with evacuations of New Zealanders from the area, if required.

In a statement, caretaker Prime Minister Chris Hipkins said he was “deeply saddened” by the deaths and conflict in Israel and the occupied Palestinian territories.

“The situation continues to evolve rapidly, and New Zealand is joining other likeminded countries to support those civilians and communities affected by the conflict.

“The ICRC protects and assists victims of armed conflicts under international humanitarian law, and is working to gain access to people held hostage, distributing cash and other assistance to displaced people, and providing essential medical assistance and supplies.”

With the Erez and Kerem Shalom crossings shut, the Rafah border was the only way into and out of the Gaza Strip for people and also for humanitarian aid. But that had shut in October too.

Safe passage
Western countries are also getting involved to try to secure safe passage through Rafah for both foreign passport holders in Gaza and humanitarian aid, and there have been conflicting reports about whether it would open temporarily or not.

The WFP aid would help address food insecurity concerns in Gaza and the West Bank, and ensure emergency stock was prepared once access was guaranteed, Hipkins said.

“New Zealand calls for rapid and unimpeded humanitarian access to enable the delivery of crucial life-saving assistance.

“We call on all parties to respect international humanitarian law, and uphold their obligations to protect civilians, and humanitarian workers, including medical personnel.”

Both the ICRC and WFP act with full independence and neutrality.

With the Labour-led government being in the caretaker position and trying to transition to the National Party after the general elections, the decision for aid had been made after consultation with National leader Christopher Luxon, Hipkins’ statement read.

Luxon said he was appreciative of the communication between the outgoing government and the incoming one.

“It’s important that the government owns those decisions, we are consulted, and when we’re consulted we can give our support.”

NZDF on standby
On Monday, the Ministry of Foreign Affairs and Trade said most New Zealanders who were registered as being in Israel had already left, but 50 Kiwis were still there, and 20 were registered as being in the occupied Palestinian territories (Gaza and the West Bank).

But the government has asked for the New Zealand Defence Force to remain on standby in case it is needed to help with evacuations.

“While not everyone wanting to leave can necessarily get themselves to a departure point, the government has requested NZDF to remain on standby to deploy if necessary,” Hipkins said.

“Commercial routes remain the best option to depart the region, and MFAT is actively providing consular assistance to New Zealanders who remain in the affected region,” he said.

“Anyone who wishes to depart should take the earliest commercial opportunity to do so.”

New Zealand was also working with its partners on evacuation points for people who could not access commercial routes, but Hipkins acknowledged “the security situation on the ground make this difficult”.

This article is republished under a community partnership agreement with RNZ.

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