Laauli’s Israel stance puts Sāmoa on shaky legal ground

Laauli’s Support of Israel: The Legal Implications

At his first meeting with Cabinet ministers and heads of ministries last week, Samoa’s new Prime Minister Laaulialemalietoa Leuatea Polataivao Fosi Schmidt declared Samoa’s unwavering support for the State of Israel, remarking: “I stand for Israel, the land of God. It doesn’t matter if the entire world is unhappy about it, that’s up to them, but Samoa will stand with the land of God. That’s the correct declaration at this moment. That will be the stance until the end of my time as Prime Minister. Samoa will stand up and support the holy land of God.”

Notably, Laauli did not express any alarm or concern about the State of Israel’s escalating violence in Palestine, which has resulted in the killing of at least 680,000 Palestinians according to a July 2025 study by Dr Richard Hill and Dr Gideon Poloya.

Instead, he said “the war that is being fought today is a spiritual war... The ongoing war in Palestine, as you know, is nothing new. From the beginning of Ishmael and the city of God, it is still ongoing. What we can do now, what the Bible says, is to pray and bless – that’s all we can do. But around the world, people can decide where they stand."

With his comments, Laauli has made it clear that he is proud to support the State of Israel and willing to bear the consequences of doing so. But, even if it “doesn’t matter” to him what “the entire world” thinks, it is critically important that he, as well as members of his government, the opposition and all Samoans, understand the serious legal implications of his support - especially after the UN Independent Commission of Inquiry confirmed last week that the State of Israel has committed and is continuing to commit genocide in Gaza.

Therefore, in this op-ed, I outline these implications and argue that Laauli’s support for the State of Israel cannot be credibly justified by Samoa’s Constitution as he claims, and that his support effectively leads Samoa to be in breach of its binding obligations at international law.

Displaced Palestinians moving from Gaza City to Middle Area, via Rasheed Road. Photo/UNRWA

Laauli’s flawed constitutional justification

Laauli claims that Samoa’s support for the State of Israel is justified by Samoa’s Constitution, stating: "Israel is the pupil of God’s eye. The Bible belief and my belief fall[s] with the Constitution of Samoa, and what is that? It is that God is a God of Israel." Interestingly, Laauli also remarked: “Who can rewrite the bible? There’s no new imagination, there is no new way of life ... It’s already been settled. We all have our own beliefs .... That’s La’auli[‘s][belief]. I stand with Israel.”

However, the Constitution does not refer to “Israel” or the “God of Israel”, let alone the State of Israel. The preamble only states that “sovereignty over the Universe belongs to the Omnipresent God alone, and the authority to be exercised by the people of Samoa within the limits prescribed by God’s commandments is a sacred heritage” and that Samoa is an “Independent State based on Christian principles and Samoan custom and tradition.” Article 1(3) further states that “Samoa is a Christian nation founded on God the Father, the Son and the Holy Spirit”, but does not state that Samoa is a nation that supports the State of Israel.

As several Christian church leaders and theologians have explained, the Israel referred to in the Bible is not the State of Israel that was only established 77 years ago on Palestinian land in 1948. This essential distinction was emphasised by the Pacific Conference of Churches (of which many Samoan churches are members) in its statement two weeks ago as follows:

We caution against conflating biblical Israel with the modern State of Israel: the former is a covenant people within the scriptural narrative; the latter a contemporary nation-state established in 1948 ...

The PCC’s statement goes on to explain how a genuine reading of the Bible follows that Pacific Christians must stand in solidarity with Palestinians and their struggle for self-determination:

We acknowledge the tensions this war has exposed among Pacific Christians—from Christian-Zionist readings that sacralise contemporary state policies to justice-centred discipleship that insists peace is the fruit of righteousness (James 3:18) ... Christian hope is neither ethnic supremacy nor romantic neutrality; it is the hard work of justice, mercy, and humble walking with God (Micah 6:8).

Reverend James Bhagwan of the Pacific Council of Churches has issued a statement on Palestine and Israel. Photo/FOE.org.au

Pastorally, we call our churches to read Scripture responsibly—exegesis, not proof-texts—and to measure every claim by the gospel’s test: does it protect life, tell the truth, and love the neighbour including the enemy (Matthew 5:44)?

...

We affirm the [World Council of Churches] upholding of Palestinians’ rights to freedom, justice, return, and self-determination; its demand to end the occupation and lift the unlawful blockade on Gaza; and its support for the resilience and witness of Palestinian churches

As such, the matter is far from being “settled” as Laauli claims. There is no law that states that the Prime Minister’s interpretation of the Bible and the Constitution is the sole authoritative one. Moreover, there has not been any democratic, open and transparent dialogue on this contentious matter with other members of parliament, the courts, government ministries, the Office of the Attorney General, let alone Samoa’s churches and the Samoan people.

Therefore, Laauli and his government cannot credibly claim that Samoa’s support for the State of Israel is justified by the Bible and Samoa’s Constitution. In fact, it can be compellingly argued, with mounting evidence and growing consensus amongst Christians and Church leaders, that any support for the State of Israel while it continues its genocide and unlawful occupation goes against “God’s commandments” and “Christian principles” as recognised in the Constitution.

FAST Party campaigns included flags of Samoa and Israel. Photo/FAST Party/Facebook

Laauli’s disregard for international law

In July 2024, the International Court of Justice rendered its advisory opinion on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem. In this opinion, the Court stated that all States “must co-operate with the United Nations to put into effect modalities required to ensure an end to Israel’s illegal presence in the Occupied Palestinian Territory and the full realization of the right of the Palestinian people to self-determination.”

It also stated that all States are “under obligation not to recognize as legal the situation arising from the unlawful presence of Israel in the Occupied Palestinian Territory”. Therefore, Laauli’s declared support of the State of Israel despite its ongoing unlawful occupation of Palestinian land means that Samoa is effectively breaching its legal obligations and acting in defiance of the authoritative guidance of the world’s highest court.

His support also breaches Samoa’s obligations to prevent and punish genocide. While Samoa is strangely not a party to the Genocide Convention, the International Court of Justice has long recognised that all States have erga omnes obligations to prevent and punish genocide – meaning that all States have these obligations, regardless of whether they have signed and ratified the Convention.

Furthermore, the UN Independent Commission of Inquiry affirmed last week that the prohibition of genocide is also a fundamental peremptory norm of international law, which means all States are obligated not to recognise as lawful the State of Israel’s military operations in Gaza and are also obligated to conduct investigations and take steps to ensure the punishment of Israel’s violations of peremptory norms. To be clear, these obligations are not optional for all states including Samoa, and Laauli is not being brave or righteous in disregarding them – he is simply leading Samoa to be in breach of its binding obligations at international law.

Laauli should also be cautioned that individuals, including government leaders, who support and contribute to Israel’s genocide can be held liable by the International Criminal Court. Under Article 25(3)(d)(ii) of the Rome Statute, a person is criminally liable if they have made a “significant” and “intentional” contribution to the commission of the crime, like genocide, and their contribution was made in the knowledge of the intention of the perpetrators to commit the crime.

Fuimaono Dylan Asafo. Photo/University of Auckland

While Laauli and his new government have yet to provide significant support to the State of Israel’s genocide, his comments that he will support the state’s leaders as they continue their violence suggest his intention to do so. Furthermore, as the global tide continues to turn against the State of Israel, Laauli unwavering political support for its actions during this term, may very well prove to be significant and worthy of criminal prosecution.

Moving forward

It is also important to note that Laauli’s disregard for international law undermines the stands that Samoa has recently taken for fundamental human rights and justice in international fora. Last December, Samoa’s government spoke to the country’s deep commitment to “the rule of law and international justice” when it delivered its powerful statement in the oral proceedings on the Obligations of States in respect of climate change.

The government also demonstrated its dedication to justice when it submitted a joint proposal with Vanuatu and Fiji to the International Criminal Court for ecocide to be added to the Rome Statute. As such, Laauli’s support for the State of Israel effectively renders Samoa’s actions contradictory in fighting for justice and self-determination for Pacific peoples on one hand, while denying justice for other Indigenous peoples on the other.

Of course, Samoa’s complicity in the State of Israel’s violence against Palestinians is nothing new. Since establishing diplomatic relations with the state in 1972, the growth of Zionist beliefs and significant lobbying and economic pressure from Israel and the United States have seen Samoa (and other Pacific states) sign bilateral agreements with Israel and vote consistently against the rights of Palestinians at the UN General Assembly.

But since the State of Israel’s escalation of its violence in 2023, many Samoans have refused to let Samoa be defined by the government’s complicity in the oppression of Palestinians. In November 2023, Samoans organized the Samoans for Ceasefire petition and march with an open letter that stated: "We as Samoans are held accountable for our Government's actions and we bear the consequences ... We have a collective responsibility as citizens of this shared world to protect all human dignity by supporting the protection of civilian lives, despite our varying political or religious beliefs."

Samoans have also made clear that Samoan solidarity with Palestinians comes from remembering and honouring the Mau movement and Samoa’s own struggles for self-determination and sovereignty from colonial powers

These and other advocacy efforts by Samoans and Palestinian solidarity movements worldwide undoubtedly influenced Samoa’s government to vote in favour of a humanitarian ceasefire in December 2023, and then sign an open letter in October 2024 condemning the State of Israel’s declaration of the UN Secretary General as persona non grata.

The government’s actions here are proof that it can be brave and break free from the shackles of Zionism and neocolonial development to be brave champions for justice and human rights. Sadly, the government’s support for justice for Palestinians at the UN has faltered since then, but the potential for a brave and just government position on Palestine remains.

Unfortunately, it is likely that Laauli and his government will dismiss these and any other serious concerns around his support of the State of Israel. The hooks of Zionism as a colonial structure and ideology run deep, and if the brutal, livestreamed starvation and killing of at least 680,000 Palestinians over the past 22 months has not moved Laauli, it is hard to know what will.

Still, as Samoan advocates have said, it is the collective responsibility of all Samoans to protect all human dignity. This means that all Samoans, including other MPs and journalists with opportunities to question Laauli, must be unrelenting in holding him to account for his unlawful statements and in reminding him that he is not accountable to the colonising and genocidal State of Israel, but to the people of Samoa.

Fuimaono Dylan Asafo is a Senior Lecturer in the Faculty of Law at the University of Auckland. He specialises in constitutional and international law issues facing the Pacific region.