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Politics | Palestine

NZ’s plan for Israeli PM’s war crimes - arrest but no sanctions

Israeli attack in Deir al-Balah, Gaza on December 05, 2023. (Photo by Ashraf Amra/Anadolu via Getty Images)

New Zealand’s prime minister has pledged to arrest Israeli Prime Minister Binyamin Netanyahu over ICC war crimes allegations and, as the ceasefire in Lebanon is breached by both sides, sanctions have been suggested to apply pressure.

At Monday’s post-cabinet press conference, Prime Minister Christopher Luxon said the police would arrest the Israeli Prime Minister if he were to enter the country - based on the warrant of arrest issued by the International Criminal Court for alleged crimes against humanity and war crimes.

Israel broke its ceasefire deal with Hezbollah 24 hours after the agreement came into force, and has repeatedly struck since then with over 50 accusations of violations. On Monday, Hezbollah retaliated with two projectiles towards an Israeli-occupied territory.

Israel’s friends call out violations

The ceasefire was brokered by the United States and France, who have since called out the accusations of violations by Israel.

The US has vetoed a draft resolution for an unconditional ceasefire in Gaza.

The US Security Council representative ambassador Robert Wood said the US couldn’t support an unconditional ceasefire unless it was tied to releasing the hostages held in Gaza by Hamas.

However, the text vetoed by the US reiterated the Security Council’s demand for the immediate and unconditional release of all hostages.

PBS News has reported that US spent at least $17.9 billion on military aid to Israel in the past year since October 7, 2023, and has agreed to provide Israel with $3.8 billion a year through to 2028.

Recognition of Palestinian statehood

Green Party foreign affairs spokesperson Teanau Tuiono said it was the right call for PM Luxon in his claim police would arrest Netanyahu.

The International Criminal Court has been quite clear that Israel needs to be held to account.

“There’s a genocide right now in Gaza,” Tuiono said, “I support what the ICC has said and we should be arresting Benjamin Netanyahu, not to mention all the other resolutions that have gone through the UN over the years as well.”

Tuiono also said New Zealand should support the International Court of Justice case that South Africa took against what he called genocide in the Gaza Strip.

He said the government should recognise Palestinian statehood and at the very least make sure there were humanitarian visas available for families there.

“I live in Palmerston North and there are Palestinian families who have family over in Gaza and there should be a pathway for those families to be reunited.”

He said New Zealand had to step up and find a way to support the international community to hold Israel to account.

“The US isn’t going to do it; they keep giving them more guns and bombs and so I think it’s important that we stand on the right side of history.”

Is now the time for sanctions?

As tensions rise and international law is ignored, with ceasefires being violated, Te Ao Māori News asked Tuiono whether now was the time for the New Zealand government to put action behind words.

He said there was a really good case on Israel.

“It’s a genocide that’s happening in Gaza, tens of thousands of people are being murdered,” he said.

“They’ve bombed hospitals, schools. How many mokopuna have they killed? How many times have they killed mums and dads and grandparents? It’s appalling.”

Winston Peters’ defence against sanctions

Last week, Te Ao Maōri News asked Foreign Affairs Minister Winston Peters about his stance on France given its announcement of strengthening ties with New Zealand on the same day France said it would not arrest Netanyahu in honour of France and Israel’s close friendship.

Having been travelling, Peters responded on Monday and Tuesday, and said it was for individual states to respond to the “issues in the Middle East” but said New Zealand was a member of the ICC and a strong supporter of its role in upholding the international rules-based system.

Asked about the inconsistency of upholding international law as the country continues to sanction Russia after its attacks on Ukraine but not Israel in its war on Gaza, Peters said New Zealand could impose sanctions in two ways - through the domestic implementation of sanctions as mandated by resolution of the United Nations Security Council or through targeted sanctions under the Russia Sanctions Act in response to military actions by Russia (and by countries or persons who may be assisting Russia) in Ukraine or another country.

“Neither applies to Israel,” Peters said, “New Zealand does not have legislation enabling the imposition of other autonomous sanctions.”

Legislation on sanctions

The Russia Sanctions Act 2022 was introduced by then foreign affairs minister Nanaia Mahuta and it was pushed through Parliament over two rushed days and without public consultation. The act allowed the country to impose autonomous sanctions and sanctioning countries such as Belarus, which were complicit, to send a strong message.

Peters said he had not considered pushing an Israel Sanctions Act.

“The justification for the Russian sanctions was based on the response to an act of war by one state against another. Those conditions don’t apply in the Israel situation.”

But the Palestine Solidarity Network Aotearoa national chair John Minto said the minister’s response was “dishonest and hypocritical”.

“Israel has waged war on Gaza for 14 months now – is it because Palestinians don’t have a state that the government refuses to take action against Israel?“ Minto asked.

“Under international law, a state cannot wage war on a people living under its military occupation.”

Tuiono said if the argument boiled down to states, the response from the government could be to recognise Palestinian statehoods, as urged by UN experts.

Independence and being wary of Aukus

As tensions rose and international laws were broken, Tuiono said it was important New Zealand had an independent foreign policy.

He believes the country should not join Aukus, who in his recent NZ Herald opinion piece said, “We must reject the distinction between pillars for the PR card trick it is. Regardless of how many pillars there are - they are a part of the same precarious house of cards.”

Tuiono believes given this country’s geographical location and whakapapa ties as Māori, that Aotearoa should take a Pacific-centric approach in diplomatic ties and show leadership in its position on the international stage.

In light of New Zealand’s close relationship with the US, he said it was important to remember the US had armed Israel with billions of dollars in weapons which were “used against Palestinians daily” and it was not something New Zealand should align itself with.