24 June 2024
Andrew Riddel
[FYI request #26477 email]
Dear Andrew Riddel
Thank you for your email of 18 April 2024 in which you request the fol owing under the Official
Information Act 1982 (OIA):
I therefore request copies of al briefings, emails, records of meetings and al other
communications since you became the current Minister of Foreign Affairs on the fol owing
matters:
(a) The statement "barbaric violations of women and children" used when referring to
the 7 October attack and since - given the number of 'barbaric violations' reported on
October 7 which have since been shown to be false, what is the nature of these barbaric
al egations you speak of, according to the briefings, advice and other communications you
have received.
(b) The investigations into serious al egations against certain UNRWA staff - what are the
specific investigations you are looking forward to the outcome of? What briefings or reports
have you received about the Israel's evidence supporting these serious al egations against
certain UNRWA staff.
(c) Given you say that building and expanding il egal settlements in the occupied territories
and the forcible displacement of Palestinians from Gaza imperil the two-state solution, what
advice or assessments have you received on the continued viability of a 2 state solution?
(d) You say al must demand that Hamas release al remaining hostages immediately. What
advice have you received about the legal status of Israeli military personnel held by Hamas -
are these people hostages or prisoners of war?
What advice and information have you received about the thousands of Palestinians held
without charge by Israel, and their status under international law?
(e) The press release of 14 April asserts that Iran conducted il egal strikes against Israel. Iran
is citing its right to self-defence for these strikes, fol owing the attack by Israel on its consulate
at Damascus. What advice have you received on this 'self-defence' justification, and the
legality of it.
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(f) Your speech to the United Nations acknowledges that Palestinian civilians bear the
brunt of Israel's military action. Have you asked for or received any advice or briefings on
the impacts of Israeli military action on Palestinian civilians in Gaza, and its legality in terms
of international humanitarian law? I note that the government has imposed sanctions on
some Israeli il egal settlers on the West Bank. Have you asked for and/or received any
advice on imposing sanctions against members of the Israeli cabinet and military for their
actions in Gaza?
Final y, just to confirm that where you have received advice and/or briefings and such like
on any of the matters asked about above I am requesting copies of those communications.
Due to the large volume of information captured in the scope of your request, including some
information that would be withheld in ful , you are being provided with a summary of the
information in scope of each part of your request, in line with sections 16(1)(e) and 16(2)(a) of
the OIA.
Summary
Information and advice provided to Ministers on the Israel-Hamas conflict includes written and
oral briefings, submissions, regular situation reports, talking points, and file notes from
meetings with diplomatic representatives, community organisations, and/or government
departments that cover the topics in scope of your request.
Regarding part (a) of your request, we refer you to the publicly available briefing by the
United Nations Special Representative of the Secretary-General on Sexual Violence in
Conflict to the United Nations Security Council, on 11 March 2024:
press.un.org/en/2024/sc15621.doc.htm#:~:text=There%20are%20reasonable%20grounds%
20to,as%20she%20presented%20findings%20from.
The Special Representative also published a report on this matter which is attached to this
response for your information.
Regarding part (b) of your request, New Zealand takes very seriously the al egations that a
smal number of UNRWA employees took part in the 7 October 2023 terrorist attacks by
Hamas on Israel. UNRWA is subject to two processes fol owing these al egations: the
Independent Review of Mechanisms and Procedures to Ensure Adherence by UNRWA to the
Humanitarian Principle of Neutrality led by former French Foreign Minister Catherine Colonna;
and an independent investigation conducted by the United Nations Office of Internal Oversight
Services.
Regarding part (c) of your request, this Office has received advice which states that Israeli
settlements in the West Bank are considered il egal under international law. The growth of
settlements in the West Bank also undermines the viability of a future contiguous Palestinian
state (and thus a two-state solution) by establishing Israeli claims to large areas of land.
Between 1967 and 2022, almost 700,000 Israelis settlers had moved into West Bank
settlements. In 2023, the current Israeli Government announced controversial plans to expand
existing settlements and reinstate previously evacuated settlements. In 2004, the International
Court of Justice issued an advisory opinion which stated the settlements to be il egal under
international law. This position was reaffirmed in United Nations Security Council resolution
2334 (2016), co-sponsored by New Zealand during our tenure as a non-permanent member
of the UN Security Council.
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Regarding parts (d) and (e) of your request, the Ministry of Foreign Affairs and Trade’s advice
on New Zealand’s response to the Israel-Hamas conflict since 7 October 2023 has been
consistently grounded in international law and revolves around four pil ars, as fol ows:
The upholding of international law and international humanitarian law, including
the protection of civilians and the provision of humanitarian assistance for those in
need. This has guided New Zealand’s position on the release of hostages; protection
of civilians; and the urgent need for humanitarian access;
Opposition to the use of terror as a political tool and illegal act – guiding
New Zealand’s unequivocal condemnation of Hamas’ 7 October attacks on Israel;
Recognition of the right for a state to defend itself – guiding statements on Israel’s
right to defend itself, within the limits of ful compliance with international law; and
The importance of political, not military, solutions - guiding our approach to the
long-term solution to the crisis, specifical y cal s for an urgent restart of a Middle East
Peace Process and for a two-state solution to the Israeli-Palestinian conflict as the
best path for a durable and lasting peace in the region.
New Zealand has publicly and unequivocal y condemned Hamas’ terrorist attack on
7 October 2023, including clearly stating that Hamas’ taking of hostages is a clear violation of
international law. I refer you to an existing OIA response from the Ministry of Foreign Affairs
and Trade (MFAT), which includes advice I have received on this matter, and is published on
the MFA website:
www.mfat.govt.nz/en/media-and-resources/oia-28941-new-zealand-statements-at-the-
united-nations
Regarding part (f) of your request, New Zealand is gravely concerned by the humanitarian
crisis resulting from this conflict. New Zealand continues to advocate for safe, rapid, and
unimpeded humanitarian access at al levels, including directly with Israel. Improved and
sustained access is desperately needed to al ow the necessary aid and assistance to reach
the civilian population.
The New Zealand Government is committed to supporting the humanitarian response and has
provided NZ$17 mil ion in funding to address urgent humanitarian needs resulting from the
conflict. This funding has supported the responses of the World Food Programme,
International Committee of the Red Cross, the United Nations Children’s Fund, and the
United Nations 2720 Mechanism for Gaza. The Government continues to monitor the
humanitarian situation closely and consider how we can best support the response.
Information regarding the government’s assessment of the humanitarian situation is already
publicly available on the Ministry’s website under the sub-headings ‘Humanitarian Assistance’
and ‘Official information Act Responses – Humanitarian funding’ here:
www.mfat.govt.nz/en/countries-and-regions/middle-east/israel-hamas-conflict/
For information on New Zealand’s terrorism designation process, I refer you to the
New Zealand Police.
Reporting on the situation in Gaza is also available online through sources such as ReliefWeb,
which is provided by the United Nations Office for the Coordination of Humanitarian Affairs:
reliefweb.int/
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You have the right to seek an investigation and review by the Ombudsman of this decision by
contacting www.ombudsman.parliament.nz or freephone 0800 802 602.
Yours sincerely
Rt Hon Winston Peters
Minister of Foreign Affairs
