Dáil Éireann Debate, Wednesday - 23 September 2009
7 Deputy Michael D. Higgins asked the Minister for Foreign Affairs the action he will take and the initiatives, within the European Union, that he will initiate or support by way of response to the UN report on the recent killings, injuries and destruction in Gaza and neighbouring areas in Israel (details supplied); and the further steps as indicated in the report as appropriate Ireland will initiate or support. [32668/09]
View answerThe report of the UN fact-finding mission on the Gaza conflict mandated by the UN Human Rights Council last April and chaired by the distinguished South African jurist, Judge Richard Goldstone, was issued on 15 September. The House will know that it makes for salutary reading. Judge Goldstone and his team, including retired Irish Army officer, Colonel Desmond Travers, have produced an extraordinarily comprehensive report with evidence compiled from almost 200 individual interviews and an examination of over 300 reports and submissions as well as public hearings held in both Gaza and Geneva. The report will be formally introduced in the UN Human Rights Council on 29 September.
The main findings of the Goldstone report are deeply disturbing. The evidence it presents indicates that serious violations of international human rights and humanitarian law, amounting to war crimes and possible crimes against humanity, were committed by both Israeli military forces and Palestinian armed groups during Operation Cast Lead.
The Minister for Foreign Affairs has consistently underlined the Government's view that the most serious incidents which occurred during the Gaza conflict required a full and impartial investigation. The Government also believes, as the Minister has made clear, that there must be full accountability for any serious violations of international law committed during the conflict. The Goldstone report makes a number of important recommendations with a view to ensuring such accountability. These include possible reference to the UN Security Council and even to the International Criminal Court in the event of the very serious allegations documented not being properly and independently investigated by Israel and the authorities in Gaza.
The exhaustive findings and recommendations made by Judge Goldstone and his colleagues deserve the most serious consideration by all those concerned with the defence of human rights. It is appropriate that the report should receive full and urgent consideration at the Human Rights Council in Geneva. As I have indicated, this will happen next week during the course of the council's current session. We are working closely with our EU partners at present on the development of the EU's response to the report. Although Ireland is not currently a member of the Human Rights Council, we will help to prepare the ground for fruitful discussion there and the preparation of an appropriate response by the council.
Is the Minister of State concerned about the use of the name of former President of Ireland, Mary Robinson, in dismissing the Goldstone report? The media responses from the Israeli side have suggested that former President Robinson, a distinguished international jurist, declined to participate in the exercise on the basis that the terms of reference were not acceptable to her.
Leaving that aside, Professor Goldstone is a very distinguished scholar who has made enormous contributions towards peace building and so forth, and a number of questions now arise. He has suggested a set of actions which should follow the report. For the sake of economy I will put my questions into two brief categories. He has drawn attention to the fact that the materials which were approved by Israel two years ago, for example, which were worth €29 million have not been executed by way of building and repair because of the blockade. The other projects which UNRWA would seek to develop could provide employment and shelter and they are valued at approximately €1 billion. Mr. John Ging has welcomed the Goldstone report and particularly those aspects which would free up materials to help the people of Gaza immediately.
On the legal side of the Goldstone report, it has already been bad-mouthed. There is the suggestion that if there is no compliance, the matter should move on to the UN Security Council and the International Criminal Court. What is the position of the Government on the suggested strategy in the short term with regard to humanitarian aid, and in the medium term with regard to legal strategy?
I have previously discussed the matter with the Deputy. On several occasions at European Council of Ministers meetings I have stressed the point on which there is general agreement in this House; it is simply wrong in every sense of the word that the people who live in Gaza should be isolated and aid should have to go through the current process and be delayed as a result.
On the other point, one should dismiss the comments about our former President for what they are, black propaganda aimed partly at undermining the Goldstone report. The point about the report which jumps off the pages is a comment that an action which was supposed to begin as self-defence was disproportionate and tried to punish, humiliate and terrorise the civilian population. That is unacceptable from any civilised country.
It also criticised Hamas.
We must be balanced. It also criticised Hamas and its use of rockets as deliberate and focused terror attacks on Israeli citizens. We have been around the grounds on that before. The Government will continue, with its EU partners, to support a request that Israel terminate its completely erroneous policy in respect of the blockade as quickly as possible. Mr. Ging has been extremely important in the context of identifying the priorities in that regard. As already stated, if a full and independent inquiry does not come about on foot of the Goldstone report, the appropriate response would be to refer the matter to the international courts.
Although it is not currently a member, do I take it that Ireland will return to the UN Human Rights Council with a response in respect of the Goldstone report? Will Ireland make a submission in respect of that report?
I hope we will do so. As the Deputy is aware, I formerly held a UN human rights fellowship. I take a particular interest in this matter. One of the saddest aspects of what is happening in the Middle East is that Israel, which should know more than any other nation about affronts to human dignity, has become mired in this situation. Unless both sides decide to respect human dignity and the rule of international law, a solution will not be found in respect of this particularly troubled region.
