Dáil Éireann Debate, Thursday - 25 January 2024
36. Deputy Catherine Connolly asked the Tánaiste and Minister for Foreign Affairs his plans for Ireland to support South Africa's case against Israel under the Genocide Convention at the International Court of Justice; and if he will make a statement on the matter. [3331/24]
View answer45. Deputy Mark Ward asked the Tánaiste and Minister for Foreign Affairs why the Irish Government is not supporting the South African genocide case against Israel at the International Court of Justice for genocide; what crimes against humanity would need to be committed for the Irish Government to call this genocide; and if he will make a statement on the matter. [3388/24]
View answer63. Deputy Pauline Tully asked the Tánaiste and Minister for Foreign Affairs his reason why, as a state party to the Genocide Convention with a responsibility to act to protect humanity, Ireland has not joined South Africa's genocide case against Israel; and if he will make a statement on the matter. [3333/24]
View answer73. Deputy Thomas Gould asked the Tánaiste and Minister for Foreign Affairs whether he will reconsider his position on the ICJ case on Palestine and join with South Africa. [3380/24]
View answer75. Deputy Brendan Howlin asked the Tánaiste and Minister for Foreign Affairs if he has had any contact with the government of South Africa to discuss that country's legal case against Israel in the International Court of Justice, concerning the carnage being inflicted of the people of Gaza; if he sees a role for Ireland in assisting or supporting this case; and if he will make a statement on the matter. [3127/24]
View answer76. Deputy Gary Gannon asked the Tánaiste and Minister for Foreign Affairs at what stage and in which conditions he would deem it appropriate to define Israel's killing of Palestinians as genocide. [3068/24]
View answer79. Deputy Gary Gannon asked the Tánaiste and Minister for Foreign Affairs to outline explicitly his reasons for not being in favour of backing South Africa's case accusing Israel of the genocide of Palestinians in the International Court of Justice. [3069/24]
View answer85. Deputy Seán Haughey asked the Tánaiste and Minister for Foreign Affairs the position of Ireland in relation to the genocide case taken against Israel by South Africa in the International Court of Justice; and if he will make a statement on the matter. [2556/24]
View answerI propose to take Questions Nos. 36, 45, 63, 73, 75, 76, 79 and 85 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 on 11 and 12 January involved only the two parties to the proceedings, South Africa and Israel, and focused on the question of provisional measures. It is likely to take the Court some weeks to issue its ruling on this request. Any provisional measures ordered by the Court will be final and binding on the parties to which the orders are addressed.
The Court’s decision on provisional measures will be analysed carefully by the Government once it has been published and we will continue to consult closely with our international partners, including South Africa. Following this analysis and consultations, the Government will consider whether to seek permission to intervene and, if so, on what legal basis. This reflects the fact that the Statute of the Court provides a narrow legal basis on which third parties may be permitted to intervene in such cases and the need for careful and rigorous legal analysis of the relevant issues.
As with all other similar cases that have come before the Court, states normally seek permission to intervene in the case only once the applicant – in this case, South Africa – has filed its memorial, as occurred in the Ukraine v Russia and Gambia v Myanmar cases.
If states chose to do so in the case, they do not ‘join’ one side or another; rather, they submit a statement that asserts their interpretation of the provision of the Convention at issue, or they must identify a specific legal interest affected by the proceedings.
Ireland has participated in two advisory opinion cases before the International Court of Justice regarding the situation in the occupied Palestinian territory to date. In 2004, Ireland submitted a written statement on the ‘Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory’.
In 2022, the UN General Assembly requested that the Court 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 will participate. The Court will then give its opinion some months after the conclusion of the oral hearings.
The Government’s position on the current conflict remains that we need an immediate humanitarian ceasefire, the immediate and unconditional release of hostages, the end of Hamas’ rocket attacks on Israel, and rapid, full, safe and unhindered access for humanitarian aid to Gaza. These actions cannot wait for the Court’s decision on provisional measures; they need to happen now.
