New Zealand Ministry of
Foreign Affairs and Trade
Manatū Aorere
29 August 2024
195 Lambton Quay
Private Bag 18−901
Wellington 6160
New Zealand
Andrew Riddell
T +64 4 439 8000
[FYI request #27578 email]
F +64 4 472 9596
OIA 29524
Tēnā koe Andrew Riddell
We refer to your email of 11 July 2024 in which you request the following under the Official
Information Act 1982 (OIA):
a) a complete copy of the 25 January 2024 briefing to the Minister of Foreign Affairs
titled ‘New Zealand’s approach to South Africa v Israel – International Court of
Justice (ICJ) Genocide Convention case but with redactions to protect the privacy of
Ministry of Foreign Affairs and Trade staff under section 9(2)(a) of the Official
Information Act
b) copies of any briefing, memoranda or other communications to the Minster of
Foreign Affairs reporting on the interim decision of the International Court of Justice
released on 26 January 2024
c) copies of any briefing, memoranda or other communications to the Minister of
Foreign Affairs on the further orders by the International Court of Justice dated 28
March 2024, and 24 May 2024 with regard to Israel’s actions in Gaza
On 8 August 2024, the timeframes for responding to your request were extended by an additional
20 working days because responding to your request necessitated the review of a large quantity
of information, and due to the consultations necessary to make a decision on your request.
(section 15A of the OIA refers).
The information relevant to parts a) and b) of your request is publicly available on the Ministry of
Foreign Affairs and Trade (the Ministry’s) website. We refer you to the following OIA responses:
•
OIA 29038: New Zealand’s response to
South Africa v Israel – ICJ case
www.mfat.govt.nz/en/media-and-resources/oia-29038-new-zealands-response-to-south-
africa-v-israel-icj-case
•
OIA 29012:
South Africa v Israel – ICJ case
www.mfat.govt.nz/en/media-and-
resources/oia-29012-south-africa-v-israel-icj-case
There are 12 documents relevant to part c) of your request: 11 Situation Reports (“SitReps”) on
the Israel-Hamas conflict, and 1 email. The information within scope in these documents is
enclosed in
Annex 1. All remaining information in these documents is out of scope of your
request. We have withheld some in scope information under the following sections of the OIA:
•
6(a): to avoid prejudicing the international relations of the New Zealand Government; and,
•
9(2)(g)(i): to protect the free and frank expression of opinions by officials.
Where the information has been withheld under section 9 of the OIA, we have identified no public
interest in releasing the information that would override the reasons for withholding it.
e [MFAT request email]
w www.mfat.govt.nz
Page 2 of 7
Please note that it is our policy to proactively release our responses to official information
requests where possible. Therefore, our response to your request (with your personal information
removed) may be published on the Ministry website:
www.mfat.govt.nz/en/about-us/contact-
us/official-information-act-responses/
If you have any questions about this decision, you can contact us by email at:
[email address]. 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.
Nāku noa, nā
Sarah Corbett
for Secretary of Foreign Affairs and Trade
Page 3 of 7
Annex 1
Copies of briefings, memoranda or other communications to the Office of the Minister of
Foreign Affairs on the further orders by the International Court of Justice, dated 28
March 2024, and 24 May 2024, with regard to Israel’s actions in Gaza
Source
Section of
Information
(Note: the same
Document
information can be
repeated in
multiple sources)
SitRep 83,
Key media
[Withheld under section
9(2)(g)(i)]
5 April 2024
messages
SitRep 83,
Latest
On 28 March, the International Court of Justice (ICJ)
5 April 2024
developments delivered an order on South Africa’s second request for
provisional measures. The Court reaffirmed the provisional
measures order of 26 January and ordered Israel to:
o Take “all necessary and effective measures to
ensure, without delay, in full cooperation with
the United Nations, the unhindered provision
at scale by all concerned of urgently needed
basic services and humanitarian
assistance…including by increasing the
capacity and number of land crossing points
and maintaining them open for as long as
necessary.” This order was made unanimously
by all 16 judges.
o Ensure with immediate effect that its military
does not commit acts which constitute a
violation of the rights of Palestinians in Gaza
as a protected group under the Genocide
Convention, “including by preventing, through
any action, the delivery of urgently needed
humanitarian assistance.”
o Submit a report the Court on all measures
taken to give effect to the Order within one
month [by 28 April].
SitRep 83,
Humanitarian In delivering its order on provisional measures on 28 March,
the ICJ noted that since its last decision on 16 February “the
5 April 2024
catastrophic living conditions of the Palestinians in the Gaza
Strip have deteriorated further, in particular in view of the
prolonged and widespread deprivation of food and other
basic necessities to which the Palestinians in the Gaza Strip
have been subjected.” The Court also recognised that
“Palestinians in Gaza are no longer facing only a risk of
famine…but that famine is setting in.”
Page 4 of 7
SitRep 84,
Further
New Zealand supports initiatives to improve the flow of
12 April 2024
talking
humanitarian aid into Gaza. [Withheld under section
points:
9(2)(g)(i)].
SitRep 85,
humanitarian
19 April 2024
situation
SitRep 86,
26 April 2024
SitRep 87,
3 May 2024
SitRep 88,
10 May 2024
SitRep 89,
17 May 2024
SitRep 90,
24 May 2024
SitRep 91,
31 May 2024
SitRep 83,
Further
[Withheld under section
9(2)(g)(i)]
5 April 2024
talking
points: UN
SitRep 84,
Security
12 April 2024
Council
Resolution
2728
SitRep 84,
Key media
[Withheld under section
9(2)(g)(i)]
12 April 2024
messages
SitRep 85,
19 April 2024
SitRep 86,
26 April 2024
SitRep 87,
3 May 2024
SitRep 88,
10 May 2024
SitRep 84,
Further
[Withheld under section
9(2)(g)(i)]
12 April 2024
talking
points: South
SitRep 85,
Africa’s ICJ
19 April 2024
case against
Israel
Page 5 of 7
SitRep 86,
26 April 2024
SitRep 87,
3 May 2024
SitRep 88,
10 May 2024
SitRep 89,
17 May 2024
SitRep 90,
24 May 2024
SitRep 89,
Key media
[Withheld under section
9(2)(g)(i)]
17 May 2024
messages
SitRep 90,
24 May 2024
SitRep 89,
Legal
On 10 May South Africa submitted a further request for
17 May 2024
additional provisional measures and modification of the
Court’s previous provisional measures order responding to
Israel’s assault on Rafah. This is South Africa’s fourth
request for provisional measures and hearings are scheduled
for 16 – 17 May.
South Africa has requested the Court (1) order Israel to
withdraw and cease its military offensive in Rafah; (2)
ensure and facilitate access to UN and other officials
involved in the provision of humanitarian aid; and (3)
submit an open report to the Court. Nicaragua, Colombia,
and Libya have applied to the Court to intervene in
South
Africa v Israel. Egypt and Ireland have publicly indicated
their intention to intervene but have not formally submitted
their request to the Court.
[Withheld under section
6(a)].
SitRep 90,
Legal
Public hearings took place at the International Court of
24 May 2024
Justice (ICJ) from 16-17 May following South Africa’s
request for additional provisional measures and modification
of the Court’s previous provisional measures order
responding to Israel’s assault on Rafah. South Africa has
requested the Court (1) order Israel to withdraw and cease
its military offensive in Rafah; (2) ensure and facilitate
access to UN and other officials involved in the provision of
humanitarian aid; and (3) submit an open report to the
Court. The Court will deliver its decision at 3pm Friday 24
May local time (3am NZT, Saturday 25 May).
SitRep 91,
Key media
[Withheld under section
9(2)(g)(i)]
31 May 2024
messages
Page 6 of 7
SitRep 92,
6 June 2024
SitRep 93,
14 June 2024
SitRep 91,
Legal
Mexico has made a declaration of intervention in South
31 May 2024
Africa v Israel at the International Court of Justice. Mexico is
the fourth country to do this since South Africa instituted
proceedings in December 2023. Other interventions have
been made by Nicaragua, Colombia and Libya.
SitRep 91,
Multilateral
Algeria has circulated a draft UN Security Council resolution
31 May 2024
focused on Rafah, seeking to give effect to the 24 May
International Court of Justice order that Israel halt its
military offensive immediately. The short draft text includes
strong language, including that the Council “decides that
Israel, the occupying Power, shall immediately halt its
military offensive, and any other action in Rafah”. It also
demands an immediate ceasefire respected by all parties
and the immediate and unconditional release of all hostages.
It is not yet confirmed when the resolution may be put to
the Council for adoption, [Withheld under section
6(a)].
SitRep 91,
[Withheld under section
9(2)(g)(i)]
31 May 2024
Further
talking
SitRep 92,
points: South
6 June 2024
Africa’s ICJ
case against
Israel
SitRep 93,
14 June 2024
SitRep 91,
Legal
On Friday 24 May the International Court of Justice (ICJ), by
31 May 2024
13 judges to 2, ordered Israel to immediately halt its
military offensive in Rafah. The Court’s decision is
SitRep 92,
significant as its orders are binding [withheld under section
6 June 2024
6(a)]. Alongside halting its military offensive in Rafah, the
Court also ordered that Israel to:
SitRep 93,
14 June 2024
o implement the provisional measures orders of
26 January and 28 March;
o maintain open the Rafah crossing for
unhindered provision at scale of urgently
needed basic services and humanitarian
assistance;
o ensure access to the Gaza Strip of any United
Nations investigative body mandated to
investigate allegations of genocide;
o submit a report to the Court within one month
of this order.
Page 7 of 7
SitRep 91,
Legal
The Court characterised the humanitarian situation in Rafah
31 May 2024
as “disastrous” and reiterated its calls for the immediate
release of hostages. Canada’s Prime Minister Trudeau
SitRep 92,
stated “the ICJ’s proposals are binding, and we expect
6 June 2024
everyone to follow them as a matter of international law.”
A range of countries and international bodies including
Australia (DFAT), Norway, the EU and Belgium make
statements joining the call for Israel to comply with the
orders and halt its operation in Rafah; reiterating their
support for the critical role of the court in upholding
international law and the rules based order.
Email entitled
Middle East
International Court of Justice orders Israel to halt its
‘Formal
and Africa
military offensive in Rafah
Message:
Weekly Issues
On Friday 24 May the International Court of Justice (ICJ), by
Update –
13 judges to 2, ordered Israel to immediately halt its
Week Ending
military offensive in Rafah. The Court also ordered Israel to
31 May 2024’
maintain open the Rafah crossing. The Court’s decision is
significant as its orders are binding. [Withheld under section
6(a)].
This decision follows the announcement last week by the
Prosecutor of International Criminal Court (ICC) that he is
seeking arrest warrants for Israel’s Prime Minister Benjamin
Netanyahu and Defence Minister Yoav Gallant for war crimes
and crimes against humanity.
