A man and children sit in exposed rooms in a heavily damaged building near the Unknown Soldier Tower, which was destroyed by Israeli bombardment, in the Rimal neighbourhood of Gaza City. Photo: AFP / OMAR AL-QATTAA
The NZ government says the International Court of Justice is the appropriate body to determine whether Israel is committing genocide, after United Nations (UN) investigators concluded Israel has committed genocide against Palestinians in the Gaza Strip.
But the Labour leader is labelling it an "unfolding genocide" and the Greens say New Zealand should recognise it as such.
UN investigators on Tuesday accused Israel of committing "genocide" in Gaza in a bid to "destroy the Palestinians" there.
The UN Independent International Commission of Inquiry (COI) - which does not speak on behalf of the world body - blamed Israel's prime minister and other top officials for incitement.
Israel - which denies committing genocide - has dismissed the UN report, calling it fake and based on Hamas lies.
New Zealand politicians were asked about the terminology on their way into Parliament on Wednesday, with the prime minister saying he supported the International Criminal Court (ICC) and the International Court of Justice (ICJ) to make those determinations.
Christopher Luxon said New Zealand was "deeply supportive" of those bodies upholding international law.
Asked whether it was language he would consider using on behalf of the government, Luxon said he had consistently pointed to the ICJ to make that determination.
"I appreciate people have their views on that, but it's a really important thing that that is done formally, and it's done appropriately through the ICC and through the ICJ."
Deputy Prime Minister David Seymour said the issue was being considered by the ICJ. "I would ask them."
He said a huge number of people had argued about the language, but what was most important was asking how peace would be achieved, how the hostages would be released and how people could move on with their lives without the terrible violence and starvation that was occurring.
Minister for Foreign Affairs Winston Peters said the UN Commission's finding was "not a legal finding."
"We're interested in what the international courts might say, and that's what we would wait for. We will not respond to this."
Labour leader Chris Hipkins said it was a "confronting report" from the UN Commission, and one that New Zealand should take very seriously.
"There is an unfolding genocide in Gaza taking place, the world should be condemning that, and New Zealand should be among the countries doing so."
Asked about the distinction of an "unfolding" genocide, Hipkins acknowledged New Zealand wasn't a court, "there are processes around how you find that legally," he said.
However, he said the Convention on Genocide also required the world to take steps to prevent it.
He said a report like this "that provides clear evidence there's genocidal intent" and which outlines "four out of the five acts of genocide that are listed in the convention are being committed" should be taken seriously by the world and called out.
He acknowledged New Zealand needed to be realistic about what it could do to prevent a genocide taking place, particularly given its location, "but one of the things we can do is recognise what is actually happening."
Greens co-leader Marama Davidson said New Zealand should officially recognise it as genocide, following the Commission's report.
She said the UN independent committee was full of human rights and international law experts with significant experience had found what Israel was doing was "committing genocide" but also that all member states had an "obligation to use every tool at their disposal to stop the genocide."
"That includes recognising Palestine and sanctioning Israel."
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