I must now deal with a postponed division relating to the motion on the escalation of violence in Israel and the occupied Palestinian territory. On Tuesday, 14 November 2023, on the question, "That the amendment to the motion be agreed to", a division was claimed and in accordance with Standing Order 80(2), that division must be taken now.
Escalation of Violence in Israel and the Occupied Palestinian Territory: Motion (Resumed) [Private Members]
The following motion was moved by Deputy Matt Carthy on Tuesday, 14 November 2023:
That Dáil Éireann:
condemns and deplores the escalation of violence in Israel and the occupied Palestinian Territory since 7th October, particularly the killing of innocent men, women and children, the taking hostage and imprisonment of civilians, the targeting of civilian infrastructure and the mass forced displacement of civilians;
notes that:
— Ireland is a state party to the Rome Statute of the International Criminal Court (ICC);
— An Taoiseach, Leo Varadkar TD, has described "cutting off power, cutting off fuel supplies and water supplies" as "collective punishment", which is prohibited under Article 33 of the Fourth Geneva Convention, and has described "targeting civilians and cutting off civilian infrastructure" by Israel as a "breach of international humanitarian law";
— An Tánaiste, Micheál Martin TD, has stated "I believe that what Israel is doing is disproportionate, it's not necessary" and that it "contravenes the fundamental principles of international humanitarian law, where the concepts and principles of necessity and proportionality are key";
— the United Nations (UN) Secretary General, Antonio Guterres, has stated "I am deeply concerned about the clear violations of international humanitarian law that we are witnessing in Gaza. Let me be clear: No party to an armed conflict is above international humanitarian law";
— the UN Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967, Francesca Albanese, has stated "there is no question that Hamas is responsible for crimes, war crimes, and this goes without saying. At the same time, the response that Israel has given doesn't meet international standards either, and I cannot find one provision of international law that has not been violated by Israel as the occupying power, who is acting in the name of self-defence, because even self-defence has limits";
— the High Representative of the European Union for Foreign Affairs and Security Policy, Josep Borrell, has stated that "cutting water, cutting electricity, cutting food to a mass of civilian people, is against international law";
— the UN High Commissioner for Human Rights, Volker Türk, has stated that "The imposition of sieges that endanger the lives of civilians by depriving them of goods essential for their survival is prohibited under international humanitarian law" and that both "the collective punishment by Israel of Palestinian civilians" and "unlawful forcible evacuation of civilians" amount to war crimes;
— the EU Spokesperson for Foreign Affairs and Security Policy, Peter Stano, has highlighted the duty of Israel to protect Palestinians in the West Bank from an "upsurge of settler terrorism";
— the outgoing Director of the New York Office of the UN High Commissioner for Human Rights, Craig Mokhiber, referred to the situation in Gaza as "a text-book case of genocide";
— seven UN Special Rapporteurs said that they "remain convinced that the Palestinian people are at grave risk of genocide";
— the Prosecutor of the ICC, Karim A. A. Khan KC, has called "upon state parties to the ICC and non-state parties to help collectively vindicate the Geneva Conventions, to help collectively vindicate principles of customary international law and also principles of the Rome Statute, to share evidence regarding any allegations or any crimes so that we can properly investigate them and prosecute them as appropriate"; and
— An Taoiseach, Leo Varadkar TD, has stated that a failure to observe humanitarian law cannot be "inconsequential forever" and that "double standards will lead to no standards if not checked";
reiterates its call for immediate ceasefires, for the immediate release of all hostages, and for the unconditional adherence by all parties to their commitments under international law and the UN Charter; and
mandates the Irish Government to exercise Ireland’s right under Article 14, and other relevant articles, of the Rome Statute of the ICC to refer the situation in the State of Palestine to the Prosecutor of the ICC for the purpose of requesting the Prosecutor to investigate any acts of war crimes, crimes against humanity and genocide alleged to have occurred on the territory of Palestine from 7th October, 2023 onwards, including any allegations of current and ongoing crimes occurring within that territory.
Debate resumed on amendment No. 1:
To delete all words after "Dáil Éireann" and substitute the following:
"strongly condemns the attack by Hamas on the people of Israel on 7th October and deplores the escalation of violence in Israel and the Occupied Palestinian Territory since then, particularly the killing of innocent men, women and children, the taking of hostages, the destruction of civilian infrastructure and the mass displacement of civilians;
notes that:
— the International Criminal Court (ICC) is the cornerstone of the system of international criminal justice and not only promotes and upholds the rule of law but also pursues accountability for the most serious international crimes;
— Ireland has been a consistent and strong supporter of the Court, and its independence and impartiality, since its inception in 2002; and Ireland commits to make a further financial contribution to the court, specifically in the context of its investigation into the situation in Palestine and Gaza;
— the independence and impartiality of the Court is a crucial element of its mandate, as set out in the Rome Statute; and
— international humanitarian law, including the prohibition on the targeting of civilians, the principles of distinction, precaution and proportionality, the prohibition on collective punishment, and the prohibition on the taking of hostages and use of 'human shields', applies to all armed conflicts and is binding on all parties to conflict, state and non-state actors alike;
further notes that:
— the Prosecutor of the ICC, Karim Khan, announced the opening of an investigation into the situation in Palestine (including Gaza, the West Bank and East Jerusalem) in March 2021; the investigation covers all crimes within the jurisdiction of the Court, including war crimes and crimes against humanity, alleged to have been committed since 2014; and the Court may exercise its jurisdiction over any such crimes committed within Palestine as well as by Palestinian nationals outside it (including in Israel);
— the Prosecutor has reaffirmed that this investigation covers the current, ongoing conflict, including all events on and from 7th October this year and he has called 'upon state parties to the ICC and non-state parties to help collectively vindicate the Geneva Conventions, to help collectively vindicate principles of customary international law and also principles of the Rome Statute, to share evidence regarding any allegations or any crimes so that we can properly investigate them and prosecute them as appropriate'; and
— the Prosecutor has also stated that 'my primary, and indeed my only objective, must be to achieve justice for the victims and to uphold my own solemn declaration under the Rome Statute as an independent prosecutor, impartially looking at the evidence and vindicating the rights of victims whether they are in Israel or Palestine'; and
calls:
— for an immediate humanitarian ceasefire, for the immediate and unconditional release of all hostages, and for the unconditional adherence by all parties to their obligations under international law, including international humanitarian law;
— on all state parties to the Rome Statute to provide political and financial support to the Court, to ensure that the ICC has sufficient resources to deliver its mandate, particularly in relation to Gaza and Palestine;
— on all states, including those not party to the Rome Statute, to cooperate with the Court, including cooperation with requests for assistance by the Court in respect of its investigations in Gaza and Palestine; and
— on the Government to ensure that justice and accountability apply equally to all people, in all situations, and reiterates that all victims deserve their rights to be vindicated equally.".
- (Minister of State at the Department of Foreign Affairs, Deputy Sean Fleming)
Amendment put:
The Dáil divided: Tá, 77; Níl, 58; Staon, 0.
Tá
- Berry, Cathal.
- Brophy, Colm.
- Browne, James.
- Bruton, Richard.
- Burke, Colm.
- Butler, Mary.
- Byrne, Thomas.
- Calleary, Dara.
- Canney, Seán.
- Cannon, Ciarán.
- Collins, Niall.
- Costello, Patrick.
- Coveney, Simon.
- Cowen, Barry.
- Creed, Michael.
- Crowe, Cathal.
- Devlin, Cormac.
- Dillon, Alan.
- Donnelly, Stephen.
- Donohoe, Paschal.
- Duffy, Francis Noel.
- Durkan, Bernard J.
- English, Damien.
- Farrell, Alan.
- Feighan, Frankie.
- Fitzpatrick, Peter.
- Fleming, Sean.
- Grealish, Noel.
- Griffin, Brendan.
- Harris, Simon.
- Haughey, Seán.
- Heydon, Martin.
- Higgins, Emer.
- Humphreys, Heather.
- Kehoe, Paul.
- Lahart, John.
- Lawless, James.
- Leddin, Brian.
- Lowry, Michael.
- MacSharry, Marc.
- Madigan, Josepha.
- Martin, Catherine.
- Matthews, Steven.
- McAuliffe, Paul.
- McConalogue, Charlie.
- McEntee, Helen.
- McGrath, Michael.
- McHugh, Joe.
- Moynihan, Michael.
- Murnane O'Connor, Jennifer.
- Naughten, Denis.
- Naughton, Hildegarde.
- Noonan, Malcolm.
- O'Brien, Darragh.
- O'Brien, Joe.
- O'Callaghan, Jim.
- O'Connor, James.
- O'Dea, Willie.
- O'Donnell, Kieran.
- O'Donovan, Patrick.
- O'Dowd, Fergus.
- O'Gorman, Roderic.
- O'Sullivan, Christopher.
- O'Sullivan, Pádraig.
- Ó Cathasaigh, Marc.
- Ó Cuív, Éamon.
- Phelan, John Paul.
- Rabbitte, Anne.
- Richmond, Neale.
- Ring, Michael.
- Ryan, Eamon.
- Shanahan, Matt.
- Smith, Brendan.
- Smyth, Niamh.
- Smyth, Ossian.
- Stanton, David.
- Varadkar, Leo.
Níl
- Andrews, Chris.
- Bacik, Ivana.
- Barry, Mick.
- Boyd Barrett, Richard.
- Brady, John.
- Browne, Martin.
- Buckley, Pat.
- Cairns, Holly.
- Carthy, Matt.
- Clarke, Sorca.
- Collins, Joan.
- Collins, Michael.
- Connolly, Catherine.
- Conway-Walsh, Rose.
- Cronin, Réada.
- Crowe, Seán.
- Cullinane, David.
- Daly, Pa.
- Doherty, Pearse.
- Donnelly, Paul.
- Ellis, Dessie.
- Farrell, Mairéad.
- Funchion, Kathleen.
- Gannon, Gary.
- Guirke, Johnny.
- Healy-Rae, Danny.
- Healy-Rae, Michael.
- Howlin, Brendan.
- Kelly, Alan.
- Kenny, Gino.
- Kenny, Martin.
- Kerrane, Claire.
- Mac Lochlainn, Pádraig.
- McDonald, Mary Lou.
- McGrath, Mattie.
- Munster, Imelda.
- Murphy, Catherine.
- Murphy, Paul.
- Mythen, Johnny.
- Nash, Ged.
- O'Callaghan, Cian.
- O'Donoghue, Richard.
- O'Reilly, Louise.
- O'Rourke, Darren.
- Ó Murchú, Ruairí.
- Ó Snodaigh, Aengus.
- Pringle, Thomas.
- Quinlivan, Maurice.
- Ryan, Patricia.
- Sherlock, Sean.
- Shortall, Róisín.
- Smith, Bríd.
- Smith, Duncan.
- Stanley, Brian.
- Tóibín, Peadar.
- Tully, Pauline.
- Whitmore, Jennifer.
- Wynne, Violet-Anne.
Staon
Tellers: Tá, Deputies Hildegarde Naughton and Cormac Devlin; Níl, Deputies Pádraig Mac Lochlainn and Matt Carthy..
Amendment declared carried.
Question put: "That the motion, as amended, be agreed to."
The Dáil divided: Tá, 80; Níl, 60; Staon, 0.
Tá
- Berry, Cathal.
- Brophy, Colm.
- Browne, James.
- Bruton, Richard.
- Burke, Colm.
- Butler, Mary.
- Byrne, Thomas.
- Cahill, Jackie.
- Calleary, Dara.
- Canney, Seán.
- Cannon, Ciarán.
- Collins, Niall.
- Costello, Patrick.
- Coveney, Simon.
- Cowen, Barry.
- Creed, Michael.
- Crowe, Cathal.
- Devlin, Cormac.
- Dillon, Alan.
- Donnelly, Stephen.
- Donohoe, Paschal.
- Duffy, Francis Noel.
- Durkan, Bernard J.
- English, Damien.
- Farrell, Alan.
- Feighan, Frankie.
- Fitzpatrick, Peter.
- Flaherty, Joe.
- Fleming, Sean.
- Grealish, Noel.
- Griffin, Brendan.
- Harris, Simon.
- Haughey, Seán.
- Heydon, Martin.
- Higgins, Emer.
- Humphreys, Heather.
- Kehoe, Paul.
- Lahart, John.
- Lawless, James.
- Leddin, Brian.
- Lowry, Michael.
- MacSharry, Marc.
- Madigan, Josepha.
- Martin, Catherine.
- Matthews, Steven.
- McAuliffe, Paul.
- McConalogue, Charlie.
- McEntee, Helen.
- McGrath, Michael.
- McHugh, Joe.
- Moynihan, Aindrias.
- Moynihan, Michael.
- Murnane O'Connor, Jennifer.
- Naughten, Denis.
- Naughton, Hildegarde.
- Noonan, Malcolm.
- O'Brien, Darragh.
- O'Brien, Joe.
- O'Callaghan, Jim.
- O'Connor, James.
- O'Dea, Willie.
- O'Donnell, Kieran.
- O'Donovan, Patrick.
- O'Dowd, Fergus.
- O'Gorman, Roderic.
- O'Sullivan, Christopher.
- O'Sullivan, Pádraig.
- Ó Cathasaigh, Marc.
- Ó Cuív, Éamon.
- Phelan, John Paul.
- Rabbitte, Anne.
- Richmond, Neale.
- Ring, Michael.
- Ryan, Eamon.
- Shanahan, Matt.
- Smith, Brendan.
- Smyth, Niamh.
- Smyth, Ossian.
- Stanton, David.
- Varadkar, Leo.
Níl
- Andrews, Chris.
- Bacik, Ivana.
- Barry, Mick.
- Boyd Barrett, Richard.
- Brady, John.
- Browne, Martin.
- Buckley, Pat.
- Cairns, Holly.
- Carthy, Matt.
- Clarke, Sorca.
- Collins, Joan.
- Collins, Michael.
- Connolly, Catherine.
- Conway-Walsh, Rose.
- Cronin, Réada.
- Crowe, Seán.
- Cullinane, David.
- Daly, Pa.
- Doherty, Pearse.
- Donnelly, Paul.
- Ellis, Dessie.
- Farrell, Mairéad.
- Funchion, Kathleen.
- Gannon, Gary.
- Guirke, Johnny.
- Healy-Rae, Danny.
- Healy-Rae, Michael.
- Hourigan, Neasa.
- Howlin, Brendan.
- Kelly, Alan.
- Kenny, Gino.
- Kenny, Martin.
- Kerrane, Claire.
- Mac Lochlainn, Pádraig.
- McDonald, Mary Lou.
- McGrath, Mattie.
- McNamara, Michael.
- Munster, Imelda.
- Murphy, Catherine.
- Murphy, Paul.
- Mythen, Johnny.
- Nash, Ged.
- O'Callaghan, Cian.
- O'Donoghue, Richard.
- O'Reilly, Louise.
- O'Rourke, Darren.
- Ó Murchú, Ruairí.
- Ó Snodaigh, Aengus.
- Pringle, Thomas.
- Quinlivan, Maurice.
- Ryan, Patricia.
- Sherlock, Sean.
- Shortall, Róisín.
- Smith, Bríd.
- Smith, Duncan.
- Stanley, Brian.
- Tóibín, Peadar.
- Tully, Pauline.
- Whitmore, Jennifer.
- Wynne, Violet-Anne.
Staon
Tellers: Tá, Deputies Hildegarde Naughton and Cormac Devlin; Níl, Deputies Pádraig Mac Lochlainn and Matt Carthy.
Question declared carried.