PM ignores terrorist attack on his own citizens.

"Whoever uses a citizen ill, indirectly offends the state, which is bound to protect this citizen; and the sovereign should avenge his wrongs, punish the aggressor, and, if possible, oblige him to make full reparation; since otherwise the citizen would not obtain the great end of the civil association, which is, safety."

Swiss jurist Emmerich Vattel expounded this principle in his landmark The Law of Nations, 1758. It is universally accepted today that every State has an obligation to protect its nationals when they are overseas. As Vattel explained back in the day: this is a duty arising from the bond of nationality. A leader who traduces this principle of citizenship is unworthy of high office. Such a man is New Zealand Prime Minister Christopher Luxon.

Late in the night of 29 April a large Israeli force made up of several warships, a prison ship, aircraft, and drones attacked the Global Sumud, a fleet of over 60 humanitarian vessels drawn from dozens of nations across the globe. The Sumud flotilla, in international waters near the Greek island of Crete, was Gaza-bound. The plan was to open a humanitarian aid corridor to the enclave that is suffering genocide at the hands of Israel and its Western allies.

Over 20 vessels were boarded, many dozens of activists beaten, some later requiring hospitalisation. Once the crews were transferred to the prison ship, the vessels were sabotaged and abandoned in international waters. For the next three days the Israelis beat dozens of the Sumud crew, tortured some, terrorised others with threats of murder, guns in their faces, and performed other unlawful acts including denying essential medication, forcing hostages into stress positions, forcing others to hug the Israeli flag, flooding decks to make sleep impossible, and many other sadistic acts. Several Kiwis were amongst those who were savagely kicked and punched in the head, back and ribs.

Like many Western governments, New Zealand leaders did absolutely nothing to condemn the attack, nor initiate action against Israel. They did not even offer material support to their citizen-victims once they had been dumped onto Crete without money, adequate clothing or phones.

Let’s be clear: according to international law, sovereignty does not end at the borders of a country. New Zealand suffered the most serious state terrorist attack on its own citizens since the French Government bombed and sank Greenpeace’s Rainbow Warrior in Auckland Harbour on 10 July 1985. This time the state was Israel. Both events bear uncanny resemblances and disturbing differences that are immensely consequential.

The similarity: a state terrorist attack on vessels on peaceful humanitarian missions.

The difference: the response to the two events by both the New Zealand governments and media of the day.

In 1985, when news that terrorists had infiltrated New Zealand and attached limpet mines to the hull of the Rainbow Warrior, blasting a hole below the waterline, killing photographer Fernando Pereira, the government, the media and the population of New Zealand went into a frenzy. I will never forget those momentous times. Within days the culprits had been identified: they were agents of the French Direction Générale de la Sécurité Extérieure (DGSE), the French equivalent of the CIA. Two of the large squad of French agents, Dominique Prieur and Alain Mafart, were caught. It eventually emerged that this terror plot – which the French impudently code-named "Opération Satanique" – reached all the way to President François Mitterrand. The story riveted and animated New Zealand for months. The government relentlessly pursued the villains, eventually forcing the resignation of high officials including defence minister Charles Hernu and the head of the DGSE, Pierre Lacoste. As part of the settlement the French had to pay for a replacement vessel for Greenpeace and the two spies were sentenced to 10 years prison, part of which were spent in New Zealand jails before they were transferred to internment on Hao Atoll. Within two years the French welched on the terms and let their agents return to France for awards and promotions.

The consequences for New Zealand were enormous. New Zealanders were shocked when they learnt Australia helped some of the attackers to escape, and the country’s other closest allies, the UK and USA, uttered not a single word of condemnation to the French. This betrayal and the terror attack itself fundamentally altered New Zealand’s relationship with its Western allies and set it on a path towards an independent foreign policy, the high-points of which was the Nuclear Free Zone Act 1987 and New Zealand’s expulsion from the ANZUS security pact with the US and Australia, both within two years of the attack. It was a time when many felt proud to be New Zealanders.

Fast forward 41 years and we have the most serious state terror attack on New Zealand since the Rainbow Warrior bombing. The media, to the shame of reporters I have spoken to off the record, treated it as a minor story and quickly moved on. The government told the victims of this terrorist attack they had to fend for themselves and offered not a breath of condemnation. No mainstream reporter grilled the government over this inaction.

Prime Minister Luxon’s conduct is reprehensible on so many fronts. Prioritizing "strategic alignment" with Israel and the US over the physical safety of New Zealanders is a betrayal of his most fundamental duty. Even a neo-con like US President Ronald Reagan got the memo: “A government's first duty is to protect the people,” he said in 1981. Luxon’s failure to defend his citizens – however contemptible it may be – probably does not reach the threshold of “treason” under the Crimes Act 1961 definition (lawyers may disagree) but it does confirm that the man has no place as the leader of a sovereign and democratic nation.

The Prime Minister constantly refers to himself as a “Chief Executive” or CEO, so I appreciate politics isn’t his strong card. Political philosophy is clearly a weakness too. So permit me, Christopher, a few observations.

Amongst my first lessons as a tender-faced youth attending Political Science at Victoria University was Thomes Hobbes's principle that the only reason individuals surrender their liberty to a sovereign is for protection. If certain categories of citizens come to realise the state is willing to see them beaten and abused to please a foreign state, it breaks all sorts of bonds that should not be broken. In other words, the litmus test for a sovereign democracy is not how the state treats docile citizens and its buddies but how it protects even vociferous dissenters when they are in the hands of a foreign power. The Sumud flotilla crew are anti-racist, anti-fascist, anti-genocide; in other words, the opposite side to the Prime Minister and the New Zealand government. They deserve protection and medals not boots in the head and abandonment.

The mistreatment of the Sumud prisoners also breaches the Convention Against Torture (CAT) and meets the threshold for cruel, inhuman, or degrading treatment. The Kiwis are free now and I know from speaking to some of them that they are shell-shocked and traumatised but also mindful that their ordeal was short and less than the medieval mistreatment of thousands of Palestinian hostages in Israeli concentration camps today.

As a minimum the New Zealand government should confront the Israelis and demand two things: Non-repetition and Reparations.

Non-repetition is a commitment that such wrongful acts won’t happen again. The government should issue a "Note Verbale" – a formal warning to Israel of real consequences if citizens are in any way abused. They – and all governments – should have done so before the Sumud flotilla sailed.

Secondly, the government should demand Full Reparations (payment for medical bills, evacuation costs, trauma, and damage to property, including the millions of dollars in damage to all the vessels sabotaged, and return of stolen property (including Sean Janssen’s pounamu pendant, a Māori taonga (treasure) that was ripped from his neck by an Israeli stormtrooper).

I was proud to be a New Zealander when our government stood with Greenpeace following the French state terrorist attack in 1985. I am proud today of the men and women of the Global Sumud Aotearoa Delegation, including Hahona Ormsby, Julien Blondel, Jay O’Connor, Samuel Leason, Mousa Taher, Sean Janssen and Rana Hamida. They keep alive the flame of hope that one day New Zealand will again stand for humanity, international law, peace and an independent foreign policy.

Eugene Doyle

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