Dáil Éireann Debate, Wednesday - 17 January 2024
13. Deputy Catherine Connolly asked the Tánaiste and Minister for Foreign Affairs if the Government sought internal legal advice from the Office of the Attorney General or otherwise, in regard to Israel's actions in Gaza and its obligations under the Genocide Convention at any time since 7 October 2023. [1886/24]
View answer14. Deputy Peadar Tóibín asked the Tánaiste and Minister for Foreign Affairs if the Government received legal advice from the Department of Foreign Affairs or from the Attorney General on whether Israel's war in Gaza constitutes genocide, considering that Ireland is a signatory to the Genocide Convention and has legal obligations to fulfil, the Government needs to seek an urgent legal opinion on the matter; and if legal advice has been received, if he will provide a copy of the advice received, to Deputies. [1926/24]
View answer37. Deputy Sorca Clarke asked the Tánaiste and Minister for Foreign Affairs if he will invoke the UN Convention on the Prevention and Punishment of the Crime of Genocide in relation to the activities of Israel in Palestine since October 2023; and if he will make a statement on the matter. [1002/24]
View answer49. Deputy Thomas Pringle asked the Tánaiste and Minister for Foreign Affairs if Ireland will be supporting South Africa in taking Israel to the International Court of Justice accusing it of crimes of genocide against Palestinians in Gaza; and if Ireland will support the people of Gaza in the International Court of Justice following violations by Israel of its obligations under the 1948 Genocide Convention and international law in relation to Palestinians in Gaza. [1857/24]
View answer52. Deputy Matt Carthy asked the Tánaiste and Minister for Foreign Affairs if he sought legal advice before deciding that Ireland would not participate in the ICJ case in respect of Israel; and if he will make a statement on the matter. [2028/24]
View answerI propose to take Questions Nos. 13, 14, 37, 49 and 52 together.
I have been closely monitoring developments in the case taken under the 1948 Convention on the Prevention and Punishment of Genocide (‘Genocide Convention’) by South Africa against Israel in the International Court of Justice. The public hearings that took place last week involved only the two parties to the proceedings, South Africa and Israel, and focussed on the question of provisional measures. It is likely to take the Court some weeks to consider whether to impose provisional measures. Any provisional measures orders that the Court may make will be binding on the parties to which the orders are addressed.
The Court’s decision on provisional measures will be carefully analysed by the Department of Foreign Affairs once it has been published and we will continue to consult closely with our international partners. The Government will at that stage make a decision on whether to intervene and, if so, on what legal basis. This reflects the need for careful and rigorous legal analysis of the relevant issues. It also reflects the fact that the Statute of the Court provides a narrow legal basis on which third parties may intervene in such cases.
Ireland has participated in two cases before the Court regarding the situation in the occupied Palestinian territory to date. In 2004, Ireland made a written statement in the advisory opinion case ‘Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory’. In 2022, the Court was requested by the UN General Assembly to give an advisory opinion on the legal consequences arising from the policies and practices of Israel in the occupied Palestinian territory, including East Jerusalem. Ireland voted in favour of this resolution, and submitted a written statement to the Court last July. In this statement, Ireland provided its legal analysis of the occupation and of issues related to Israeli policies and practices in the occupied Palestinian territory. The oral proceedings in this case will take place in February. Ireland plans to participate. The Court will then give its opinion some months after the conclusion of the oral hearings.
