Govt out of step with global law trends

The Government has a way to go yet before it fully understands the complexities of foreign policy, Green Party Associate Foreign Affairs Spokesperson Kennedy Graham said today.

Last evening Government MPs argued against Dr Graham’s International Non-Aggression and Lawful Use of Force Bill.

The Bill proposes that any act of aggression committed by New Zealand’s Defence Forces in violation of the UN Charter be made a criminal offence in NZ domestic law. The offence would be a leadership crime – only those in control of the Defence Forces (the PM and cabinet) would be liable to prosecution.

“I appreciate the acknowledgement by the Government that my Bill is put forward in good faith,” said Dr Graham.

“Certainly the intent is not to make life difficult for any cabinet minister, now or in future – simply to advance the rule of law at the global and national levels.”

“But Defence Minister Wayne Mapp found two reasons to oppose – according to him it would hand our foreign policy over to a Security Council veto, and it would allegedly divide the nation.

“Both arguments reflect a misunderstanding of the Bill and of law. Criminalising aggression is consistent with the United Nations Charter and with the stance we have taken since a Kiwi judge sat on the Tokyo tribunal.”

The Bill is in line with a global movement to make aggression a crime in international law through the new International Criminal Court. This follows the historical developments of the Nuremberg and Tokyo trials in the 1940s and the inclusion of aggression in the statute for the International Criminal Court.

“The Government needs to keep up to date with international law before sending in their troops to shoot the Bill down,” said Dr Graham

“Making aggression a crime at the global and national levels is going to happen, within the foreseeable future. It will be interesting to see how this, or any future Government, positions itself when this eventually happens.”

Note: Both Labour and the Maori Party supported the Bill. Debate on the Bill resumes on 9 September