Call for inquiry into NZ intelligence Gaza links

A group of legal experts has asked the spy watchdog to investigate whether New Zealand intelligence is aiding Israel’s war in Gaza, arguing there is a “plausible case” that the country is complicit in breaches of international law.
Concern over the situation in Gaza is growing as the war’s one-year anniversary looms, with the estimated death toll over 40,000 and human rights groups concerned about the spread of disease and the risk of famine.
In a letter to Inspector-General of Intelligence and Security Brendan Horsley, a group of three legal experts (Treasa Dunworth, Dr Max Harris and Vinod Bal) said there was “a plausible case that the intelligence-sharing actions of the GCSB and NZSIS, in relation to what has occurred in Gaza, breach New Zealand law as well as standards of propriety”.
If intelligence gathered by the agencies was ultimately being shared with Israel, it could be supporting the commission of international crimes in the ongoing conflict, making an inquiry “not only desirable but necessary”. If an inquiry found that intelligence was not being shared in such a way, that could lift public confidence in the system.
“You are mandated to ensure that its activities occur within the bounds of the law and with propriety. At a time of heightened awareness around the legal obligations on all states to ensure respect for the international rule of law, this hefty responsibility has never been more important.”
In its more detailed request for an own-motion inquiry, the group noted precedent in the form of inquiries into potential spy agency engagement with the CIA’s detention and interrogation programme in the 2000s, as well as the intelligence contribution to Operation Burnham during the Afghanistan war.
Israel’s actions in Gaza had led the International Court of Justice to order it to do all it could to prevent breaching the Genocide Convention, while the Prosecutor of the International Criminal Court had separately requested that arrest warrants be issued for Israel prime minister Benjamin Netanyahu and his defence minister Yoav Gallant “for various war crimes and crimes against humanity” (the prosecutor has also sought arrest warrants for Hamas leaders for their own alleged war crimes and crimes against humanity, with the court’s judges due to decide whether to grant his requests in the coming days).
It was well-documented that the United States and United Kingdom – members of the Five Eyes intelligence alliance alongside New Zealand – had been offering support and assistance to Israel, and there was likely to be some exchanges regarding the war in Gaza.
“In our view, if the New Zealand intelligence and security agencies have produced intelligence relevant to the conflict, it is plausible to suggest that this intelligence has made its way to Israeli agencies through the United States due to the close intelligence relationship between the two countries.”
In addition, it was “not outside the realm of possibility” that the spy agencies were hosting foreign capabilities whose intelligence could have supported the commission of international crimes in Gaza.
Public concern about New Zealand’s “complicity in significant breaches of international law” merited an inquiry, with the inspector-general able to view classified material that was off-limits to members of the public.
“You should investigate, not because intelligence sharing in violation of New Zealand law is known and definite, but because it is plausible, and there is a very high public interest in such an inquiry.”
Dunworth, a University of Auckland associate law professor and one of the signatories to the request, told Newsroom she was frustrated by the suggestion that New Zealand was an “innocent bystander” to the conflict in Gaza, when it had international obligations to do what it could to mitigate the consequences.
Noting the British government’s decision to suspend some of its arms export licences to Israel, Dunworth said: “We’re actually starting to see, even among Israel’s closest allies, this sense of, ‘Actually we are kind of now getting very close to the line of facilitating or being complicit in this war’.”
It was currently impossible for New Zealanders to know whether there was any intelligence sharing that would benefit Israel, but there was a “plausible risk” that merited further investigation, given the country’s role in Five Eyes and the roles played by the US and the UK in the intelligence alliance.
Dunworth believed the group had made a persuasive case for the inspector-general to investigate, citing precedent from prior inquiries as well as the current circumstances.
“The whole reason for establishing an inspector general is to act as a watchdog, it’s part of having public confidence in our security agencies and having democratic oversight.”
Former Prime Minister Helen Clark said the request raised fair questions about whether New Zealand intelligence was contributing in any way to Israel’s actions in Gaza, and if so whether ministerial approval had been given.
While there was no “smoking gun” connecting the country’s spy agencies to alleged crimes in Gaza, its longstanding involvement in Five Eyes meant some form of investigation could be warranted.
“We just don’t know what they’re collecting, if anything, that’s relevant to this … what they collect is transferred into a pool, and they’re unlikely to be holding anything back.”
Green Party foreign affairs spokesman Teanau Tuiono backed calls for an inquiry, saying New Zealand “cannot afford to have any links to the crimes against humanity being committed in Gaza.
“Any connection to the atrocities being committed by Israel would represent a complete betrayal of the values and moral standards this country is grounded in,” Tuiono said.
A spokesperson for the GCSB and NZSIS said the agencies collected intelligence in line with government priorities, and all activities had to be in accordance with New Zealand law and associated human rights obligations.
“These are obligations which the agencies take very seriously, and they must have effective policies and procedures in place to ensure they act in accordance with both domestic and international law.”
Sharing of intelligence with overseas authorities was also subject to internal policies and ministerial policy statements to ensure robust consideration of intelligence sharing.  
The spokesperson said the agencies welcomed the independent oversight of the inspector-general and would respond to any inquiries it made.