Clark called for sanctions against the expansion of unlawful settlements in the West Bank and East Jerusalem, a UN plan to end the occupation, suspension of arms transfers, and full recognition and membership of the UN by Palestine now.
“The Elders unequivocally condemn the October 7 terrorist attacks and the holding of hostages by Hamas, which have caused deep trauma for the Israeli people,” she said.
“We also unequivocally condemn Israel’s disproportionate military response, including its bombardment, siege and blockade of Gaza. This amounts to collective punishment and is causing great suffering and trauma to the Palestinian people.
“The Security Council has a responsibility to chart a path towards a sustainable peace.”
The recent advisory opinion by the International Court of Justice, while non-binding, was an authoritative, landmark ruling, she said.
It concluded that Israel’s presence in the Occupied Palestinian Territory was unlawful and must end as rapidly as possible.
“This obligation does not depend on achieving a successful outcome to peace negotiations.”
Clark said The Elders welcomed the passing of a General Assembly resolution on the issue yesterday (124 countries voted for the motion calling on Israel to end its unlawful presence in the Occupied Palestinian Territory, including New Zealand, 14 voted against and 43 abstained).
Foreign Minister Winston Peters is due to attend the General Assembly leaders’ week at the UN next week and will also address the Security Council.
Security Council Resolution 2334 – co-sponsored by New Zealand when it was on the Security Council in 2016 – passed 14-0 and reaffirmed the illegality of settlements.
But Clark said the settlement expansion in the West Bank and East Jerusalem continued to accelerate while attention was focused on Gaza.
“More decisive member state action is needed.”
All member states must distinguish between Israel and the Occupied Palestinian Territory in all forms of co-operation, and cease any assistance to or trade with illegal settlements, she said.
Targeted measures should be applied against state and non-state entities and individuals responsible for maintaining and expanding illegal settlements.
Steps had already been taken, including by the US and the EU, to sanction settlers for attacks on Palestinian civilians.
But sanctions should also target financial flows to entities that were funding and constructing illegal settlements, and those in the Government of Israel who were pursuing annexation.
“This council must respect the process of criminal accountability through the International Criminal Court, including the ICC prosecutor’s request for arrest warrants in response to alleged atrocity crimes by Hamas and the Government of Israel.”
Member states seeking to undermine the ICC were damaging the international rule of law.
“There will be no security for Palestinians or Israelis if the war in Gaza is followed by a continuation of unlawful occupation and annexation. But without a decisive change of direction, this seems likely.”
She set out a set of guiding principles proposed by The Elders “to underpin a pathway towards sustainable peace, based on self-determination, sovereignty, and mutual security for both peoples”.
The first was that full UN membership and recognition of the State of Palestine should be supported by all Security Council members and other states now.
Second, normalisation of relations between Israel and Arab states was essential for Israel’s long-term security, and for regional stability and prosperity. But full normalisation had to be conditional on Israel ending the occupation permanently, and supporting the implementation of a two-state solution.
Third, the security of Palestinians and Israelis had to be given equal weighting. There could be no sovereign State of Palestine with continued Israeli security control over the Palestinian people.
“Israel’s security concerns do not justify unlawful occupation or annexation.”
Fourth, she said the goal of a single, unified government overseeing Gaza, the West Bank and East Jerusalem should be supported by all Palestinian factions, including Hamas, and by the entire international community.
Sustainable peace would require reconciliation under the umbrella of a revitalised Palestine Liberation Organisation, based on adherence to international law. Violence against civilians by Hamas and other Palestinian armed groups had to end.
“All of this requires bold, principled leadership, and the political will to break with the failed policies of the past,” said Clark.
“All forms of leverage should be applied, including the suspension of arms transfers in response to continued violations of international law.
“Only by implementing international legal obligations, ensuring accountability and ending impunity can a path to end this conflict be created once and for all.”
Helen Clark was Prime Minister of New Zealand from 1999 to 2008 and then became No 3 at the UN, leading the UN Development Programme from 2009 to 2017. She campaigned in 2016 to become UN Secretary-General but lost to Antonio Guterres, a former Prime Minister of Portugal now in his second term.
Last year, Clark was invited to join The Elders, a group of 12 leaders and advocates who lend their weight to social justice issues, human rights, sustainability and peace.
Mary Robinson, former President of Ireland, chairs the group and besides Clark, its other members are Ban ki-moon, former UN Secretary-General; Graca Machel, former Education Minister of Mozambique (and widow of Nelson Mandela); Gro Harlem Brundtland, former Prime Minister of Norway; Elbegdorj Tsakhia, former PM and president of Mongolia; Zeid Ra’ad Al Hussein, former UN High Commissioner for Human Rights; Hina Jilani, lawyer and human rights campaigner; Denis Mukwege, a global campaigner on conflict-related sexual violence; Ellen Johnson Sirleaf, former President of Liberia and Nobel peace laureate; Juan Manuel Santos, former President of Colombia and Nobel peace laureate; and Ernesto Zedillo, former President of Mexico.
Audrey Young covers politics as the New Zealand Herald’s senior political correspondent. She was named Political Journalist of the Year at the Voyager Media Awards in 2023, 2020 and 2018. In her previous role as political editor, she covered New Zealand’s last term on the UN Security Council.
