Inquiry into NZ intelligence used in international war crimes in Gaza

The Government Communications Security Bureau (GCSB) and New Zealand Security Intelligence Service (NZSIS) are New Zealand’s spy agencies. While they are domestically-focused, they can produce intelligence of relevance to international conflicts.

Associate Professor Treasa Dunworth, Dr Max Harris and Vinod Bal are asking the IGIS to open up an inquiry into the GCSB’s and NZSIS’ compliance with New Zealand law, and standards of propriety in relation to possible intelligence-sharing that has contributed to the commission of international crimes by Israel in Gaza. They believe there is 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.

They are concerned that intelligence is being gathered by the GCSB and NZSIS which may be shared with Israel, either directly through authorised providing of intelligence or indirectly, through New Zealand’s position in the Five Eyes alliance. For example, New Zealand gives intelligence to the United States and the United States can then pass on that intelligence to Israel. If that is so, then they believe that this intelligence might be supporting the commission of international crimes in the current Gaza conflict.

In their request, they begin by setting out the key legal provisions and how they ought to be interpreted. They consider past Inspector-General of Intelligence and Security reports and lessons to be drawn from them. They address the background to Israel’s actions in Gaza, credible reports about what is occurring, and possible New Zealand connections to those actions. Attention then turns to why the IGIS should exercise his discretion to open up and inquiry of this kind.

The IGIS has an important role in ensuring that the New Zealand spy agencies act in a way that is compliant with New Zealand law and within the bounds of propriety. It is hoped that the IGIS will discharge this duty by opening up such a request.

Read the request document