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Human Rights

Dáil Éireann Debate, Thursday - 16 November 2023

Thursday, 16 November 2023

Questions (58)

Mairéad Farrell

Question:

58. Deputy Mairéad Farrell asked the Tánaiste and Minister for Foreign Affairs according to his Department “Respect for human rights and the promotion of human rights is a cornerstone of Irish foreign policy” (details supplied), considering that the transfer of military weapons or equipment to participants is regulated by international humanitarian law, if he is concerned that events in Gaza are breach of this law; if he has any concerns that weapons or equipment in transit through Ireland may be used for human rights violations; and if he will make a statement on the matter. [50330/23]

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Written answers

Respect for international law, including international human rights law and international humanitarian law, is the bedrock of international peace and security. This will continue to be the guiding principle for Ireland’s approach to foreign policy in general, and in the context of Ireland’s response to the current crisis in Israel and the occupied Palestinian territory. Respect for international law is also critical to ensuring the long-term peace and security of both Israelis and Palestinians.

As far as transit is concerned, under the terms of the Air Navigation (Foreign Military Aircraft) Order, 1952, all foreign military aircraft wishing to overfly, or land in, the State require diplomatic clearance from the Minister for Foreign Affairs. Diplomatic clearance is subject to strict conditions, including that the aircraft is unarmed; that it carries no arms, ammunition or explosives; that it does not engage in intelligence gathering; and that the flight in question does not form part of a military exercise or operation.

With regards to munitions of war on board civil aircraft, under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989, it is expressly prohibited for civil aircraft to carry munitions of war in Irish sovereign territory, without being granted an exemption to do so by the Minister for Transport.

In considering any application for such an exemption in respect of munitions of war, the Department of Transport consults with the Department of Foreign Affairs and the Department of Justice to determine if there are foreign policy or security considerations to take into account. The process is robust and includes advice from the Department of Foreign Affairs in respect of international humanitarian law, Ireland’s international obligations and our wider arms control, disarmament and non-proliferation policy.

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