Gaza and the Convention on the Prevention and Punishment of the Crime of Genocide: Motion (Resumed) [Private Members]

The following motion was moved by Deputy Holly Cairns on Wednesday, 24 January 2024:

That Dáil Éireann:

notes that:

— nearly 100,000 Palestinians have been killed, reported missing or wounded in Gaza since Israel began its military operation three months ago;

— among this number are nearly 25,000 people who have been confirmed dead, two thirds of whom are women and children;

— 85 per cent of the population has been displaced, mostly to areas that have faced repeated bombardment from Israel by land, air and sea;

— Israeli missiles have targeted schools, universities, hospitals, United Nations (UN) facilities, refugee camps, places of worship, and critical civilian infrastructure like sanitation and communication facilities;

— Israel has dropped hundreds of 2,000-pound bombs which have a lethal blast radius of 365 metres, equivalent to 58 soccer fields in area, in densely populated residential areas in Gaza;

— as far back as 10th November, 2023, the World Health Organisation (WHO) Director General, Tedros Adhanom Ghebreyesus, warned: "In Gaza, nowhere and no one is safe";

— according to Save the Children, every day since 7th October, 2023, more than 10 children have lost one, or both, legs in Gaza;

— the healthcare system has collapsed and operations, like amputations and caesarean sections, are being performed without anaesthetic;

— according to Human Rights Watch, the Israeli government is using starvation as a weapon of war and deliberately depriving civilians of the "resources necessary for daily existence" – food, water and medical supplies;

— according to UN Secretary General, António Guterres, 80 per cent of the hungriest people in the world are now in Gaza and more than one million people are starving;

— lack of clean water, inadequate sanitation, malnutrition and the collapse of the healthcare system is causing a public health disaster of unfettered epidemic and contagious disease among displaced Palestinians; and

— on 5th January, 2024, the UN Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, Martin Griffiths, said: "Gaza has simply become uninhabitable";

further notes that:

— senior Israeli government officials, including the Prime Minister, President and Minister of Defence, have repeatedly made statements of genocidal intent;

— as far back as 16th November, 2023, UN experts highlighted "evidence of increasing genocidal incitement" against Palestinians and expressed profound concern about the "failure of the international system to mobilise to prevent genocide"; and

— South Africa has initiated proceedings against Israel at the International Court of Justice (ICJ) under the Convention on the Prevention and Punishment of the Crime of Genocide ("the Genocide Convention");

agrees that:

— Ireland ratified the Genocide Convention in 1976;

— under Article 1 of the Convention, State parties to the Genocide Convention have an obligation to take measures to prevent genocide;

— no armed attack on a State’s territory, even a heinous attack involving a criminal atrocity like the attack by Hamas on Israel, and the taking of hostages, on 7th October, 2023, can ever justify, or provide a defence to, breaches of the Genocide Convention;

— Ireland has previously acted on its obligation under Article 1, filing an intervention in support of a case taken by Ukraine against Russia under the Genocide Convention in 2022;

— writing in the Irish Independent on 19th January, 2024, the Tánaiste and Minister for Foreign Affairs, Micheál Martin TD, outlined the circumstances in which Ireland would intervene in the South African case against Israel at the ICJ:

"Once the court has issued its decision in relation to provisional measures, we will analyse this carefully and consult with other like-minded partners, as well as with South Africa.

This analysis and consultation will take place alongside a rigorous analysis of the multiple legal aspects of this case by the Department of Foreign Affairs, in consultation with the Attorney General. Once this is completed, the Government will take a decision whether to intervene in this case."; and

— while the Irish State waits for the ICJ’s decision on preliminary measures to begin this consultation and legal analysis, an average of 250 Palestinians are being killed in Gaza every day by Israel; and

calls on the Government to take its obligations under the Genocide Convention seriously and support South Africa in its efforts to stop a genocide in Gaza by intervening in the case at the ICJ as a matter of urgency and at the earliest possible opportunity.

The following amendment No. 2 was moved by the Minister for Agriculture, Food and the Marine:

To delete all the words after "Dáil Éireann" and substitute the following:

"expresses its deepest concern at the continued deterioration of the situation in Gaza and the resulting catastrophic humanitarian disaster with over 24,000 dead, thousands missing, 1.9 million people displaced, and massive destruction of housing and vital infrastructure, including education facilities;

deeply deplores the major food insecurity on a massive scale, with United Nations (UN) agencies warning of imminent famine which will affect 400,000 people, the near collapse of the health system in large parts of Gaza with 65 per cent of hospitals now shut and the World Health Organisation (WHO) warning of widespread death from preventable diseases;

condemns the ongoing bombardment of Gaza;

highlights the urgent need for full, safe, and unhindered access for the delivery of humanitarian aid by UN agencies and Non-Governmental Organisations (NGOs);

demands the immediate and unconditional release of all hostages held by Hamas and other armed groups in Gaza, and the cessation of indiscriminate rocket fire from Gaza into Israel;

underlines its deep concern at the continued deterioration of the situation in the West Bank and East Jerusalem, particularly the violence against, and displacement of, Palestinian communities by some Israeli settlers;

condemns the recent Israeli announcements of further funding for illegal settlements, which are a breach of international law and undermines the two-state solution;

notes:

— the International Court of Justice (ICJ) proceedings instituted by South Africa under the Genocide Convention, and the hearings last week involving the parties to this case;

— the concerns expressed by a range of States and organisations regarding breaches of international law, including international humanitarian law in this fraught and catastrophic conflict;

— the two other cases and investigations ongoing in respect of Israel and Palestine, including the ICJ advisory opinion on the legal consequences arising from the policies and practices of Israel in the occupied Palestinian Territory, including East Jerusalem; and the ongoing investigation by the Prosecutor of the International Criminal Court (ICC) of the situation in Palestine, focused on potential war crimes and crimes against humanity since 2014 and includes the events of 7th October and all actions since that date;

— that Ireland intervened before the ICJ in the case taken by Ukraine against Russia, in addition to participating in the two advisory opinion cases related to Israeli actions in Palestine, in 2004 and 2023; and

— that third-party State interventions in such cases only take place after the Court has made its order on preliminary measures and the associated filing of a memorial by the applicant and should be based on necessary legal and policy analysis;

welcomes:

— the Government's additional voluntary contribution of €3 million to the ICC, to adequately resource all situations before the Court, including Palestine; and

— the planned participation by Ireland at the level of the Attorney General in oral proceedings in the ICJ advisory opinion case in February in The Hague;

agrees that the overwhelming priority of the Government must be to advocate for an immediate stop to the death and destruction in Gaza and take relevant actions to this end; and

agrees to:

— insist on full, safe, and unhindered humanitarian access to Gaza and support the UN in their efforts to increase the flow of humanitarian goods into Gaza;

— support any decision of the ICJ on preliminary measures, which are final and binding on the parties concerned, and urge all parties to the Genocide Convention to also do so;

— strongly consider an intervention in the South Africa v Israel case at the ICJ, as a matter of urgency after the Court has made its order on preliminary measures and the filing by South Africa of its memorial in the case , which is the only appropriate process to do so and following the necessary legal and policy analysis; and

— continue to underline the independence and impartiality of the ICC and to support its work; insist that all States, whether they are parties to the Rome Statute or not, cooperate with the ICC investigation into the situation in Palestine and Israel; and

— drive efforts at European Union level to institute a sanctions regime against violent settlers in the West Bank who are attacking and displacing Palestinian communities, differentiating between Israel itself and the illegal settlements that are illegal under international law.".

Debate resumed on amendment No. 1 to amendment No. 2:

In the paragraph beginning "expresses its deepest concern"

Substitute: ‘killed’ for ‘dead’

to insert the following after "including educational facilities"

", as a result of the Israeli bombardment and airstrikes;";

After the words “condemns the ongoing bombardment of Gaza” to insert the following:

“and demands an immediate and permanent ceasefire”

After "the hearings last week involving the parties to this case” to insert the following:

“and commends South Africa for its action in this regard: determining that it is valid to ask the ICJ to investigate whether there is a risk of genocide; and notes that other states have indicated their intention to participate in the case”

Substitute the paragraph ending with "necessary legal and policy analysis" with the following:

“- that a number of States have indicated their intention to intervene in the International Court of Justice (ICJ) proceedings instituted by South Africa under the Genocide Convention;”

before the word “welcomes:” insert the following:

“- that Article I of the Convention on the Prevention and Punishment of the Crime of Genocide (‘Genocide Convention’) obliges parties to that Convention, including Ireland, to prevent genocide, which is defined in Article II as “any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.”

- that the International Court of Justice has held that “a State’s obligation to prevent [genocide], and the corresponding duty to act, arise at the instant that the State learns of, or should normally have learned of, the existence of a serious risk that genocide will be committed”.

- that Ireland’s written submissions in the Ukraine v Russia case state: “In Ireland’s view, the notion of ‘undertake to prevent’ implies that each State party must assess whether a genocide or a serious risk of genocide exists prior to taking action pursuant to Article I [of the Genocide Convention].””

After the words "settlements that are illegal under international law.".” to insert the following:

“- urgently conduct an assessment for the purpose of Article I of the Genocide Convention of whether there is a serious risk that genocide is being committed in the context of the war in Gaza, taking into account the views of relevant experts, and to present the conclusion of this assessment to Dáil Éireann at the earliest possible opportunity;”

After the words "settlements that are illegal under international law.".” to insert the following:

- further calls on the government to utilise all diplomatic, economic and legislative mechanisms available to apply sanctions against Israel until such time as offensive military actions against the Palestinian people end and Israel has given a clear commitment to adherence to international law.

-(Deputy Matt Carthy)

An Ceann Comhairle

I must now deal with the deferred division on Sinn Féin's amendment to the Government amendment to the motion regarding Gaza and the Convention on the Prevention and Punishment of the Crime of Genocide. Today, on the question, "That the amendment to the amendment be made", a division was claimed and that division must be taken now.

Amendment to amendment put:

The Dáil divided: Tá, 59; Níl, 71; Staon, 0.

Tá

Andrews, Chris.
Bacik, Ivana.
Barry, Mick.
Berry, Cathal.
Boyd Barrett, Richard.
Browne, Martin.
Buckley, Pat.
Cairns, Holly.
Carthy, Matt.
Clarke, Sorca.
Collins, Joan.
Connolly, Catherine.
Conway-Walsh, Rose.
Cronin, Réada.
Crowe, Seán.
Cullinane, David.
Daly, Pa.
Doherty, Pearse.
Donnelly, Paul.
Ellis, Dessie.
Farrell, Mairéad.
Fitzpatrick, Peter.
Funchion, Kathleen.
Gannon, Gary.
Gould, Thomas.
Guirke, Johnny.
Harkin, Marian.
Healy-Rae, Michael.
Howlin, Brendan.
Kenny, Gino.
Kenny, Martin.
Kerrane, Claire.
Mac Lochlainn, Pádraig.
McDonald, Mary Lou.
McGrath, Mattie.
Mitchell, Denise.
Munster, Imelda.
Murphy, Catherine.
Murphy, Paul.
Mythen, Johnny.
Nash, Ged.
O'Callaghan, Cian.
O'Donoghue, Richard.
O'Reilly, Louise.
O'Rourke, Darren.
Ó Broin, Eoin.
Ó Laoghaire, Donnchadh.
Ó Ríordáin, Aodhán.
Ó Snodaigh, Aengus.
Quinlivan, Maurice.
Shanahan, Matt.
Shortall, Róisín.
Smith, Bríd.
Smith, Duncan.
Stanley, Brian.
Tully, Pauline.
Ward, Mark.
Whitmore, Jennifer.
Wynne, Violet-Anne.

Níl

Brophy, Colm.
Browne, James.
Bruton, Richard.
Burke, Colm.
Burke, Peter.
Butler, Mary.
Byrne, Thomas.
Cahill, Jackie.
Calleary, Dara.
Cannon, Ciarán.
Chambers, Jack.
Costello, Patrick.
Coveney, Simon.
Creed, Michael.
Crowe, Cathal.
Devlin, Cormac.
Dillon, Alan.
Donnelly, Stephen.
Duffy, Francis Noel.
Durkan, Bernard J.
English, Damien.
Farrell, Alan.
Feighan, Frankie.
Flaherty, Joe.
Flanagan, Charles.
Fleming, Sean.
Foley, Norma.
Griffin, Brendan.
Harris, Simon.
Haughey, Seán.
Higgins, Emer.
Humphreys, Heather.
Kehoe, Paul.
Lahart, John.
Lawless, James.
Leddin, Brian.
Madigan, Josepha.
Martin, Catherine.
Martin, Micheál.
Matthews, Steven.
McAuliffe, Paul.
McEntee, Helen.
McGrath, Michael.
McGuinness, John.
McHugh, Joe.
Moynihan, Aindrias.
Moynihan, Michael.
Murnane O'Connor, Jennifer.
Naughton, Hildegarde.
Noonan, Malcolm.
O'Brien, Darragh.
O'Brien, Joe.
O'Callaghan, Jim.
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.
Smith, Brendan.
Smyth, Niamh.
Smyth, Ossian.
Stanton, David.

Staon

Tellers: Tá, Deputies Pádraig Mac Lochlainn and Denise Mitchell; Níl, Deputies Hildegarde Naughton and Cormac Devlin.

Amendment to amendment declared lost.

Question put: "That the amendment be made."

The Dáil divided: Tá, 71; Níl, 59; Staon, 0.

Tá

Brophy, Colm.
Browne, James.
Bruton, Richard.
Burke, Colm.
Burke, Peter.
Butler, Mary.
Byrne, Thomas.
Cahill, Jackie.
Calleary, Dara.
Cannon, Ciarán.
Chambers, Jack.
Costello, Patrick.
Coveney, Simon.
Creed, Michael.
Crowe, Cathal.
Devlin, Cormac.
Dillon, Alan.
Donnelly, Stephen.
Duffy, Francis Noel.
Durkan, Bernard J.
English, Damien.
Farrell, Alan.
Feighan, Frankie.
Flaherty, Joe.
Flanagan, Charles.
Fleming, Sean.
Foley, Norma.
Griffin, Brendan.
Harris, Simon.
Haughey, Seán.
Higgins, Emer.
Humphreys, Heather.
Kehoe, Paul.
Lahart, John.
Lawless, James.
Leddin, Brian.
Madigan, Josepha.
Martin, Catherine.
Martin, Micheál.
Matthews, Steven.
McAuliffe, Paul.
McEntee, Helen.
McGrath, Michael.
McGuinness, John.
McHugh, Joe.
Moynihan, Aindrias.
Moynihan, Michael.
Murnane O'Connor, Jennifer.
Naughton, Hildegarde.
Noonan, Malcolm.
O'Brien, Darragh.
O'Brien, Joe.
O'Callaghan, Jim.
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.
Smith, Brendan.
Smyth, Niamh.
Smyth, Ossian.
Stanton, David.

Níl

Andrews, Chris.
Bacik, Ivana.
Barry, Mick.
Berry, Cathal.
Boyd Barrett, Richard.
Browne, Martin.
Buckley, Pat.
Cairns, Holly.
Carthy, Matt.
Clarke, Sorca.
Collins, Joan.
Collins, Michael.
Conway-Walsh, Rose.
Cronin, Réada.
Crowe, Seán.
Cullinane, David.
Daly, Pa.
Doherty, Pearse.
Donnelly, Paul.
Ellis, Dessie.
Farrell, Mairéad.
Fitzpatrick, Peter.
Funchion, Kathleen.
Gannon, Gary.
Gould, Thomas.
Guirke, Johnny.
Harkin, Marian.
Healy-Rae, Michael.
Howlin, Brendan.
Kenny, Gino.
Kenny, Martin.
Kerrane, Claire.
Mac Lochlainn, Pádraig.
McDonald, Mary Lou.
McGrath, Mattie.
Mitchell, Denise.
Munster, Imelda.
Murphy, Catherine.
Murphy, Paul.
Mythen, Johnny.
Nash, Ged.
O'Callaghan, Cian.
O'Donoghue, Richard.
O'Reilly, Louise.
O'Rourke, Darren.
Ó Broin, Eoin.
Ó Laoghaire, Donnchadh.
Ó Ríordáin, Aodhán.
Ó Snodaigh, Aengus.
Quinlivan, Maurice.
Shanahan, Matt.
Shortall, Róisín.
Smith, Bríd.
Smith, Duncan.
Stanley, Brian.
Tully, Pauline.
Ward, Mark.
Whitmore, Jennifer.
Wynne, Violet-Anne.

Staon

Tellers: Tá, Deputies Hildegarde Naughton and Cormac Devlin; Níl, Deputies Cian O'Callaghan and Gary Gannon.

Question declared carried.

Question put: "That the motion, as amended, be agreed to."

The Dáil divided: Tá, 71; Níl, 58; Staon, 0.

Tá

Brophy, Colm.
Browne, James.
Bruton, Richard.
Burke, Colm.
Burke, Peter.
Butler, Mary.
Byrne, Thomas.
Cahill, Jackie.
Calleary, Dara.
Cannon, Ciarán.
Chambers, Jack.
Costello, Patrick.
Coveney, Simon.
Creed, Michael.
Crowe, Cathal.
Devlin, Cormac.
Dillon, Alan.
Donnelly, Stephen.
Duffy, Francis Noel.
Durkan, Bernard J.
English, Damien.
Farrell, Alan.
Feighan, Frankie.
Flaherty, Joe.
Flanagan, Charles.
Fleming, Sean.
Foley, Norma.
Griffin, Brendan.
Harris, Simon.
Haughey, Seán.
Higgins, Emer.
Humphreys, Heather.
Kehoe, Paul.
Lahart, John.
Lawless, James.
Leddin, Brian.
Madigan, Josepha.
Martin, Catherine.
Martin, Micheál.
Matthews, Steven.
McAuliffe, Paul.
McEntee, Helen.
McGrath, Michael.
McGuinness, John.
McHugh, Joe.
Moynihan, Aindrias.
Moynihan, Michael.
Murnane O'Connor, Jennifer.
Naughton, Hildegarde.
Noonan, Malcolm.
O'Brien, Darragh.
O'Brien, Joe.
O'Callaghan, Jim.
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.
Smith, Brendan.
Smyth, Niamh.
Smyth, Ossian.
Stanton, David.

Níl

Andrews, Chris.
Bacik, Ivana.
Barry, Mick.
Berry, Cathal.
Boyd Barrett, Richard.
Browne, Martin.
Buckley, Pat.
Cairns, Holly.
Carthy, Matt.
Clarke, Sorca.
Collins, Michael.
Conway-Walsh, Rose.
Cronin, Réada.
Crowe, Seán.
Cullinane, David.
Daly, Pa.
Doherty, Pearse.
Donnelly, Paul.
Ellis, Dessie.
Farrell, Mairéad.
Fitzpatrick, Peter.
Funchion, Kathleen.
Gannon, Gary.
Gould, Thomas.
Guirke, Johnny.
Harkin, Marian.
Healy-Rae, Michael.
Howlin, Brendan.
Kenny, Gino.
Kenny, Martin.
Kerrane, Claire.
Mac Lochlainn, Pádraig.
McDonald, Mary Lou.
McGrath, Mattie.
Mitchell, Denise.
Munster, Imelda.
Murphy, Catherine.
Murphy, Paul.
Mythen, Johnny.
Nash, Ged.
O'Callaghan, Cian.
O'Donoghue, Richard.
O'Reilly, Louise.
O'Rourke, Darren.
Ó Broin, Eoin.
Ó Laoghaire, Donnchadh.
Ó Ríordáin, Aodhán.
Ó Snodaigh, Aengus.
Quinlivan, Maurice.
Shanahan, Matt.
Shortall, Róisín.
Smith, Bríd.
Smith, Duncan.
Stanley, Brian.
Tully, Pauline.
Ward, Mark.
Whitmore, Jennifer.
Wynne, Violet-Anne.

Staon

Tellers: Tá, Deputies Hildegarde Naughton and Cormac Devlin; Níl, Deputies Cian O'Callaghan and Gary Gannon.

Question declared carried.

Dáil Éireann díospóireacht - Wednesday, 24 Jan 2024