Israel-Hamas Conflict

What is New Zealand’s position on the Israel-Hamas conflict?

• The situation in Israel and Gaza is deeply distressing. New Zealand has been consistent in its messaging that this crisis must end. 
• New Zealand has condemned, unequivocally, the terrorist attacks carried out by Hamas on 7 October 2023 in southern Israel. But the price of defeating Hamas cannot be the suffering of Palestinian civilians. 
• Since October 2023, New Zealand has called for Israel and Hamas to implement a ceasefire. We have called on Hamas to release hostages, and for both parties to allow for the safe, rapid, and unimpeded flow of humanitarian aid. New Zealand has also called on all parties of the conflict to abide by their obligations under international law, including provisional measures orders by the International Court of Justice in South Africa’s case against Israel.
• New Zealand considers that the best path to peace is a two-state solution where Israelis and Palestinians can live side-by-side in peace, security, and dignity.  
• New Zealand will continue to advocate for the parties to urgently work towards a two-state solution. Additionally, we will keep urging regional partners to use their influence to de-escalate tensions and avoid a wider regional conflict. We consider this the best path for durable and lasting peace in the region.

How has New Zealand responded to the Israel-Hamas conflict?

• New Zealand’s response to the Israel-Hamas conflict, has, since 7 October 2023, been consistently grounded in the upholding of international law, including international humanitarian law, alongside New Zealand’s broader foreign policy. 
• Our response is multifaceted and includes: 
  
  • A humanitarian response. New Zealand is providing humanitarian support to address the extreme needs of affected civilians. New Zealand has contributed over NZ$20 million in assistance since October 2023, including supporting emergency food, vulnerable children, and healthcare. Funding has gone to the World Food Programme, International Committee of the Red Cross, the United Nations Children’s Fund.
  • Advocacy within multilateral institutions as well as bilaterally with Israel and the Palestinian Authority. New Zealand has repeatedly advocated for all parties to abide by their obligations under international law. The Prime Minister, Foreign Minister, and senior officials have emphasised this in the United Nations, in joint statements with Australian and Canadian counterparts and in other official engagements. 
  • New Zealand has designated the entirety of Hamas as a terrorist entity, and established a travel ban regime against specified extremist Israeli settlers. 
  • A consular response to assist New Zealanders in the region. 

What has New Zealand’s consular response involved?

• We assisted a number of New Zealanders and Pacific Islanders to depart from Israel on commercial flights. New Zealand authorities also worked with the Israeli and Egyptian authorities to support a number of New Zealanders wishing to leave Gaza at the outbreak of the conflict.  
• In support of these efforts, the Ministry of Foreign Affairs and Trade has also made consular deployments to Tel Aviv, Cairo, the Rafah border crossing, and Cyprus. We have undertaken significant further consular contingency planning and continue to work closely with international partners to align our consular responses.
• Our embassies in Ankara and Cairo have been in direct and regular contact with New Zealanders in the region to confirm their plans and to provide consular advice and support. The Ministry of Foreign Affairs and Trade has also sent regular messages to Safe Travel registrants and provided up-to-date information on our Safe Travel website.

Why is New Zealand taking action in response to the Israel-Hamas conflict?

• Rules matter to small states such as New Zealand. Having a principled voice and upholding international institutions in the UN system reinforces New Zealand’s support for the rules-based international system. 
• New Zealand is a responsible international citizen. Our ability to engage on matters of international importance impacts our credibility as a principled partner, including when we are advocating on matters of direct importance for New Zealand in our own region. 
• While the Middle East is far away geographically from New Zealand, instability in one part of the world has direct impacts for us as a small trading nation in an interconnected world.
• New Zealanders care about what is happening in the world. There is considerable domestic interest in New Zealand’s position on the conflict in Gaza.

What are New Zealand’s views on ceasefire negotiations?

• New Zealand welcomes continued efforts by the US, Qatar, and Egypt to secure a ceasefire in Gaza.
• We support fully the comprehensive ceasefire deal outlined by President Biden on 31 May and endorsed by the UN Security Council in Resolution 2735 on 10 June. We call on parties to the conflict to agree to the deal. Any delay will only see more lives lost.

Does New Zealand consider Israel to be an occupying power?

• New Zealand considers Israel to have been occupying Gaza, the West Bank, and the Golan Heights since 1967. 
• As the Occupying Power, Israel must uphold its humanitarian obligations to the civilian population of the occupied Palestinian territories. 
• This includes the obligation to provide basic needs for civilians including food, water, energy, and shelter, and to facilitate humanitarian aid. Israel must also uphold relevant international human rights obligations.
• In addition, there are other specific obligations and prohibitions, namely:
  
  • The strict prohibition on transferring the Israeli population into the occupied Palestinian territories.
  • The strict prohibition on forcible transfer of the Palestinian population, while allowing for temporary evacuation for military operations.
  • The obligation to respect private property.
  • The destruction of property is prohibited except where rendered absolutely necessary for military operations. 

International humanitarian law

• New Zealand has consistently stated Israel must abide by its obligations under international humanitarian law.
• Under international humanitarian law:
  
  • The taking of civilian hostages is prohibited.
  • Directly targeting civilians is prohibited.
  • Indiscriminate attacks against civilians and civilian objects are prohibited.
  • Collective punishment is prohibited.
• We have communicated New Zealand’s position directly to Israel. We have reiterated the message in statements by the Prime Minister and Minister of Foreign Affairs, in joint statements with Canadian and Australian counterparts, and through international institutions such as the UN and World Health Organisation. 

What is New Zealand’s position on Israeli settlements in the occupied Palestinian territories? 

• New Zealand has consistently opposed the establishment of Israeli settlements in the occupied Palestinian territories and has long held the view that the settlements are illegal under international law.
• In February 2024, New Zealand established a travel ban regime against a number of extremist Israeli settlers who undermined stability in the West Bank through illegally settling in the area, perpetrating violence, and displacing Palestinian civilians from their homes. See a list of the individuals covered by these bans.

What has New Zealand done to support the humanitarian response to the Israel-Hamas conflict?

• New Zealand has provided over NZ$20 million in financial support to the humanitarian response to the Israel-Hamas conflict since 7 October 2023. 
• This includes contributions of NZ$10.5 million to the World Food Programme (WFP); NZ$5 million to the International Committee of the Red Cross (ICRC); NZ$4.5 million to the United Nations Children’s Fund (UNICEF); and NZ$2 million to the United Nations 2720 Mechanism for Gaza (the Kaag Mechanism). 
• New Zealand’s contribution to the 2720 Mechanism for Gaza is a targeted contribution to efforts to prioritise, accelerate and maximise the impact of aid flows into Gaza to help meet urgent needs.
• New Zealand has repeatedly, at all levels, and across our offshore network, advocated strongly for safe, rapid, and unimpeded humanitarian access. This has included Prime Minister and Foreign Minister engagements, and in the United Nations General Assembly and Security Council, and at the Gaza humanitarian conference held in Jordan on 11 June.
• We continue to monitor the humanitarian crisis and consider how New Zealand can best support the response.

How do you ensure aid reaches civilians in need and is not diverted elsewhere?

• New Zealand supports international humanitarian agencies that have a demonstrated ability to deliver at scale and in complex environments like Gaza. These agencies have strong systems and controls to prevent and guard against diversion and pursue any reports of diversion or misappropriation. 
• The Ministry of Foreign Affairs and Trade has not received information indicating widespread diversion of aid in Gaza. The possibility of the diversion of aid remains a key risk in all humanitarian settings, especially in conflict settings, that we cannot fully discount. 
• The looting of aid is occurring due to the sheer desperation of civilians and the fact that insufficient aid is entering Gaza. This is not diversion.
• New Zealand has called on Israel to enable the conditions for the restoration of local law and order throughout Gaza and to meet its obligations in the protection of aid convoys.
• We have not received information indicating widespread diversion of aid in Gaza. However, aid diversion in conflict settings can never be ruled out.

How can New Zealanders support the humanitarian response to the conflict? 

• New Zealanders wishing to support the humanitarian response to the conflict may donate to an appeal from a humanitarian organisation working on the ground, including the Red Cross/Red Crescent Movement, United Nations agencies or non-governmental organisations. These organisations are experienced humanitarian responders and have robust systems to aid civilians in need. 
• For further information on how you can support humanitarian responses, please see the Ministry of Foreign Affairs and Trade’s online guidance.

What is New Zealand’s position on UNRWA?

• New Zealand has supported the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) since its establishment in 1949, including through engagement on its mandate and financial contributions. Under our current three-year arrangement with the Agency (2021/22-2023/24), New Zealand provides UNRWA with NZ$1 million in core funding annually.
• In the absence of a two-state solution, it is New Zealand’s longstanding view that UNRWA plays a unique and essential role in ensuring the humanitarian, development, and protection needs of Palestinian refugees are met in Jordan, Lebanon, Syria, and the occupied Palestinian territories.

Did New Zealand pause funding for UNRWA in response to the January 2024 allegations that UNRWA employees participated in the 7 October 2023 terror attacks?

• New Zealand takes the January 2024 allegations that certain UNRWA employees participated in the 7 October 2023 Hamas terror attacks on Israel very seriously. 
• In response to the allegations New Zealand did not pause funding. However, a decision to disburse our funding in June 2024 followed careful consideration of the UN’s response, including external and internal investigations. It also reflected assurances received from the UN Secretary-General about remedial work underway to enhance UNRWA’s neutrality.
• We remain acutely aware of the humanitarian crisis in Gaza and the critical role of UNRWA in the response.

Israel has alleged that a large number of UNRWA staff are members of terrorist organisations. Why does New Zealand continue to fund UNRWA?

• We have consistently encouraged Israel to provide detailed evidence to the United Nations to back up its allegations. 
• New Zealand has made our expectation clear that UNRWA respond promptly and appropriately to any allegations of breaches.
• New Zealand will continue to monitor UNRWA’s adherence to neutrality. 

International Court of Justice: South Africa v Israel

What is New Zealand’s position on South Africa v Israel?

• New Zealand is a long-standing supporter of the international legal system. We support the work of the International Court of Justice (ICJ) to settle legal disputes between states, including disputes concerning the Genocide Convention.
• New Zealand’s position on South Africa’s case against Israel is clear: since the start of the conflict New Zealand has consistently called on all parties to comply with international law. 
• The case has two stages:
  
  • On 26 January, 28 March and 24 May the Court’s provisional measures orders responded to the first element, where South Africa asked the ICJ to order Israel to immediately suspend its military operations in and against Gaza.
  • The second part is on the substance of the very serious claims of genocide. The gravity of such allegations means the Court is likely to take time to consider the facts.
• New Zealand has repeatedly called on all parties to comply with the provisional measures ordered by the ICJ on 26 January, 28 March and 24 May. The Court ordered Israel to immediately halt its military offensive in Rafah and open the Rafah crossing for unhindered provision of humanitarian assistance.
• It is important the ICJ undertakes its work impartially as it makes complex findings of fact and law. Just as the Ministry of Foreign Affairs and Trade does not comment on matters before domestic courts, we will not comment on the genocide allegations currently being considered by the ICJ.
• This should not be interpreted as New Zealand being ‘silent.’ It would be inappropriate for New Zealand to pre-judge its decisions, including on very serious allegations such as genocide.

Will New Zealand intervene in South Africa v Israel?

• New Zealand has not yet taken a decision on whether to intervene in the South Africa v Israel case.
• Presently we are focused on Israel’s compliance with the Court’s provisional measures orders. For months now we have publicly stated our expectations that Israel adhere to the Court’s provisional measures orders. 

Advisory Opinion on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem 

What is New Zealand’s position on the ICJ’s advisory opinion?

• On 19 July 2024 the ICJ released its Advisory Opinion on the Legal Consequences Arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.
• The ICJ’s Advisory Opinion is primarily about the legality of Israeli settlements in the occupied Palestinian territories. The Court found that Israel’s continued occupation violates various rules of international law and Israel must withdraw from the occupied Palestinian territories as rapidly as possible.
• The Court also concluded that Israel must immediately cease all new settlement activities, remove all settlers from the occupied Palestinian territories and make reparations for the damage caused.
• The Court’s conclusions are consistent with New Zealand’s long-standing positions, including that settlements are unlawful under international law.
• In February 2024, New Zealand established a travel ban regime against extremist Israeli settlers in the West Bank. These bans support our long-held view that Israeli settlements in the occupied Palestinian territories are illegal under international law.
• New Zealand has been clear that settlement expansion undermines a two-state solution. A two-state solution is the best way for Israelis and Palestinians to live side-by-side with security and dignity.

International Criminal Court    

Have war crimes been committed in the Israel-Hamas conflict?

• New Zealand supports international efforts to investigate possible war crimes and for those responsible to be held criminally accountable.
• Whether war crimes have been committed requires a decision from a competent judicial body such as the independent International Criminal Court (ICC).
• The ICC has the responsibility to investigate allegations of serious international crimes. New Zealand has been explicit in its support for the Court’s mandate, including investigations of allegations of serious international crimes such as in Gaza, and its critical role in upholding the international rules-based system.
• On 20 May 2024 the ICC Prosecutor applied to the International Criminal Court for warrants of arrest against senior Israeli and Hamas leaders. The judges of the Pre-Trial Chamber of the ICC will now decide whether to issue the requested warrants.

What is New Zealand’s position on the Prosecutor’s recommendation that arrest warrants be issued against senior Israeli and Hamas leaders?

• The merits of the Prosecutor’s recommendation are a matter before the judges of the International Criminal Court who will decide whether to issue the warrants. We will not comment on the merits while the matter is before the Court.

Would New Zealand comply with an ICC-issued arrest warrant?

• New Zealand’s position is that the Rome Statute requires all States Parties to cooperate fully with the International Criminal Court. In the event that arrest warrants are issued, this includes cooperating with arrest warrants. 

What is New Zealand’s position on reports of torture, abuse, and sexual violence taking place during the conflict?

• The allegations of torture, abuse and sexual violence are horrific. 
• International law expressly forbids torture and other cruel, inhumane, or degrading treatment. 
• We expect Israel to fully investigate allegations relating to Palestinian prisoners in Israeli prisons, and Hamas must immediately release the hostages. 

Will New Zealand recognise a Palestinian state?

• There should be a Palestinian state and we want to see Israelis and Palestinians living peacefully side-by-side. 
• New Zealand has, for decades, advocated for and resolutely supported a two-state solution. The overwhelming majority of the international community is also in favour of this.
• The Minister of Foreign Affairs considers it is a question of “when, not if” New Zealand recognises Palestinian statehood.  
• The current realities on the ground demand that we focus on the needs of the moment, so that the conditions can be created to advance a political solution. This is why we continue to call for all parties to cease hostilities, for Hamas to release its hostages, and for Israel to enable the flow of humanitarian aid into Gaza. 

Does New Zealand make formal declaration of recognition of states? 

• New Zealand has a long-standing policy of not making formal declarations of recognition of states but rather implying recognition through the scope and nature of our actions.

How many times have the Prime Minister, Minister of Foreign Affairs, and Ministry of Foreign Affairs and Trade officials met with Israel, the Palestinian Authority, and community groups since 7 October 2023?

• Officials at the Ministry of Foreign Affairs and Trade have engaged regularly with a diverse range of groups on the Israel-Hamas conflict since 7 October. 
• We are unable to compile an exhaustive list of all interactions, as this happens as part of regular diplomatic engagement between the Ministry of Foreign Affairs and Trade and diplomatic missions in Wellington; foreign government officials; and our Embassies offshore.

Will New Zealand suspend diplomatic relations with Israel and expel the Ambassador of Israel to New Zealand?

• No. New Zealand has long used open dialogue with other states as a core feature of advancing New Zealand’s foreign policy. Maintaining diplomatic channels of communication with Israel, including via Israel’s Ambassador and other Embassy officials in Wellington, is important as it affords the opportunity to convey New Zealand’s positions and to engage with Israel directly and frankly. 
• Senior New Zealand officials have met with the Ambassador of Israel to New Zealand many times since October 2023, including to register our position and concerns on the current conflict in Gaza and the West Bank, and the situation in the region.
• Expulsion of an Ambassador and closure of any embassy would be counter-productive to the aim of diplomatic engagement. The Government does not agree that we should only deal with countries that are aligned with our positions, even when those disagreements are severe and go to issues of human rights and international law violations. Effective engagement is a vital part of our response to events in Gaza and the region more broadly. 

Why has New Zealand not imposed sanctions on Israel? 

• New Zealand can impose sanctions in two ways: through the domestic implementation of sanctions as mandated by resolution of the United Nations Security Council; or targeted sanctions under the Russia Sanctions Act in response to Russia’s 2022 invasion of Ukraine. 
• New Zealand does not have legislation enabling the imposition of other autonomous sanctions. 
• In February 2024, New Zealand established a travel ban regime against a number of extremist Israeli settlers who undermined stability in the West Bank through illegally settling in the area, perpetrating violence, and displacing Palestinian civilians from their homes. See a list of the individuals covered by these bans.

Will New Zealand issue humanitarian visas for Palestinians in Gaza who have family in New Zealand?

• New Zealand's immigration policy is covered by the Ministry of Business, Innovation and Employment, through Immigration New Zealand.
• Information can also be found on the Parliament website.

What does a terrorist designation do?

• Designating a terrorist entity is one of the ways New Zealand contributes to the international campaign against terrorism. 
• A designation under New Zealand legislation freezes any assets of the terrorist entity in New Zealand. It makes it a criminal offence to carry out property or financial transactions with them or provide material support.

Does this affect support for New Zealanders to families or organisations in Gaza?

• This decision does not affect New Zealanders’ ability to support humanitarian or development efforts in Gaza.
• New Zealand will continue to provide humanitarian and development support to civilians in need in Gaza through credible and reputable international organisations.
• New Zealanders who want to send money in support of affected Palestinian civilians in Gaza are encouraged to donate via reputable and credible international humanitarian and development organisations (e.g. United Nations agencies, the Red Cross/Red Crescent Movement or international NGOs like Médecins Sans Frontières). Donations to these organisations would not constitute an offence under the Terrorism Suppression Act 2002.

Can New Zealand businesses export to Israel?

• There is no prohibition on exports to Israel.
• Exports of military goods, dual use goods, or goods to military end users from New Zealand are subject to New Zealand’s export controls regime.
• Export applications are assessed on a case-by-case basis against the Ministry of Foreign Affairs and Trade’s Export Controls criteria.
• To date, the Ministry of Foreign Affairs and Trade has not approved the export of military goods, dual use goods, or other goods for use by the Israel Defence Force or Israeli Security Services since the electronic Export Controls database was established.

How many New Zealanders are serving or have served with the Israeli Defence Force in Gaza?

• The Ministry of Foreign Affairs and Trade does not collect information on New Zealanders serving in foreign militaries.

What would happen if a New Zealander fought with Hamas? 

• New Zealand has clear laws. It is an offence to provide material support to a terrorist group under the Terrorism Suppression Act. New Zealand can prosecute international crimes committed outside of New Zealand under the International Crimes and International Criminal Court Act.