Dáil Éireann Debate, Thursday - 30 November 2023
188. Deputy Matt Carthy asked the Tánaiste and Minister for Foreign Affairs if he will report on his recent engagements with the Government of South Africa; and if he has sought to join its referral of the situation in Palestine to the International Criminal Court. [52836/23]
View answer204. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Foreign Affairs if he believes the actions of the Israeli Government with regard to the onslaught in Gaza should be referred to the International Criminal Court; and if he will make a statement on the matter. [50268/23]
View answer205. Deputy Paul Murphy asked the Tánaiste and Minister for Foreign Affairs if he supports the State referring Israel to the International Criminal Court, as was previously done by Ireland in relation to Russia’s invasion of Ukraine; and if he will make a statement on the matter. [50266/23]
View answerI propose to take Questions Nos. 188, 204 and 205 together.
The International Criminal Court (ICC) is the first permanent international court with the power to prosecute individuals for genocide, war crimes, crimes against humanity and the crime of aggression. The purpose of a referral under Article 14 of the Rome Statute of the ICC is to request the Prosecutor to initiate an investigation into alleged crimes committed on the territory of a State Party or of a state that has accepted the Court’s jurisdiction by way of declaration, or committed by nationals of such a state.
Israel is neither a party to the Rome Statute nor has it made a declaration accepting the Court’s jurisdiction. In these circumstances it is not open to Ireland or any other state party to refer Israel to the Prosecutor.
However, Palestine is a State Party to the Rome Statute. In 2018 Palestine itself referred alleged crimes committed in the occupied Palestinian territory to the Court. The Court confirmed that it has jurisdiction in the case and the Prosecutor then formally initiated an investigation into the situation in Palestine in 2021.
Unlike Palestine, Ukraine is not a party to the ICC Statute, but has made a declaration accepting the jurisdiction of the Court. In such cases prior authorisation of the ICC’s Pre-Trial Chamber is required before the Prosecutor can commence an investigation unless a State Party to the Statute separately refers the situation of the declaring state to the Prosecutor. The process of seeking prior authorisation from the Pre-trial Chamber is lengthy and the referral of the situation in Ukraine by Ireland and 42 other States Parties was for the purpose of avoiding this, enabling the Prosecutor to immediately begin his investigation into the alleged commission of international crimes in Ukraine.
On 17 November 2023, South Africa, Bangladesh, Bolivia, Comoros and Djibouti made a referral of the Situation in Palestine to the International Criminal Court. This referral was legally unnecessary as the Prosecutor had already initiated his investigation. In responding to it, he issued a statement confirming that the situation in Palestine was already under investigation by his office and that the investigation covers Rome Statute crimes committed on the occupied Palestinian territory by the nationals of any state (including Israeli nationals) or by Palestinian nationals on Israeli territory, and includes all relevant events since October 7.
The Prosecutor also called on States Parties to the Rome Statute to provide the Court with the tools it needs to fulfil its mandate effectively across all situations and reiterated his request for additional resources. I have accordingly announced a voluntary contribution of an additional €3 million to the Court in support of its important work, in addition to our annual contribution, which was €1.4 million in 2023. Ireland has consistently promoted a budget that meets the needs of the Court and will continue to do so at the Assembly of States Parties to the Rome Statute in December. We must focus on practical steps that can make a difference.
