The IGIS has told lawyers who asked him to inquire into intelligence sharing that he is monitoring any sharing that could relate to current conflicts, including in Israel, Gaza, Lebanon and the wider Middle East.
9 October 2024
Associate Professor Treasa Dunworth, Dr Max Harris, and Vinod Bal
Dear Treasa, Max, and Vinod,
RE: Request to open an inquiry
Further to my email of 19 September, I write in response to your letter of 12 September 2024 asking me to inquire into “possible intelligence sharing” by New Zealand’s intelligence and security agencies “that has contributed to the commission of international crimes by Israel in Gaza”.
I have decided not to commence an inquiry at this time. My preference is to continue monitoring intelligence sharing by the agencies that relates to international conflicts, as I committed to doing in my work programme for this year.
An inquiry is necessarily retrospective. It requires me to fix a timeframe within which I will look back at the actions of the agencies.
Current armed conflicts in the Middle East and Ukraine are active and dynamic. I do not want to ‘stop the clock’ at this time and commit the modest resources of my office to a deeper review of activity I have already been monitoring. I think it more important to keep an independent eye on the relevant activities of the agencies as they develop.
As you have noted, I recently published a report on a review of the agencies’ process for human rights risk assessments, by which they consider, case by case, the possible consequences of sharing intelligence. I found and reported that the policy and process requirements are logical and provide reasonable safeguards.
My office has since been tracking the agencies’ application of that process to particular requests for any intelligence sharing that could relate to current international conflicts, including the situation in Israel, Gaza, Yemen, Lebanon, and the wider Middle East. To date I have not seen issues of legality or propriety that have caused me to begin an inquiry.
I intend to continue this work and it will inform my thinking on whether and when an inquiry might be required. My decision not to launch an inquiry presently does not preclude me doing so in future.
Yours sincerely
Brendan Horsley
Inspector-General of Intelligence and Security