LAST UPDATE | 7 Nov

IRELAND IS PREPARING to intervene in the South African case against Israel at the International Court of Justice by the end of this year. 

The Dáil is debating a motion from the Social Democrats on genocide in Gaza this morning – the Tánaiste Micheál Martin, who is Minister for Foreign Affairs, is expected to tell the Dáil that officials are preparing a legal intervention in the South Africa case. 

In a statement released on the Government website Martin’s opening remarks state that Ireland will follow the same process as that used by Ireland in its intervention in the Ukraine and Russia case. 

“As the Government has made clear on previous occasions, the purpose of interventions by a State in cases such as these is to argue for its interpretation of the Convention in question.

“The Government’s decision to intervene in the South African case was based on detailed and rigorous legal analysis. Ireland is a strong supporter of the work of the Court, and is deeply committed to international law and accountability.

“We are also committed to supporting and promoting a strict interpretation of the Genocide Convention to ensure the highest level of protection possible for civilians caught up in situations of armed conflict, and to apply the highest standards of conduct on those engaged in conflict,” he said in his opening remarks. 

Martin added: “At my direction, work is progressing on the preparation of Ireland’s Declaration of Intervention, which it is intended will be filed before the end of this year. In formulating this Declaration, Ireland will set out a robust basis for its intervention before the Court. It is then a matter for the Court to rule on its admissibility.”

During the debate Sinn Fein and other opposition TDs strongly criticised the Government’s failure to enact the Occupied Territories Bill ahead of the dissolution of the Dáil tomorrow. 

The motion, which fell for debate on the last day the House was sitting before the Irish general election, called on the government to impose sanctions on Israel.

The debate was couched in the context of the government failing to pass an amended Occupied Territories Bill, which would have imposed restrictions on trade with Israeli settlements in Palestine, in the lifetime of the current Dail.

The Irish government has sought legal advice on the Bill following the non-binding advisory opinion of the UN’s top court that said Israel’s presence in the Palestinian territories breaks international laws and must end.

Martin said the ICJ’s opinion changed the legal context for the Bill but warned that the EU’s exclusive competence on trade applies to all member states, meaning only the EU can adopt legal acts in those areas.

He added: “The government’s analysis is that substantive amendment will be required to most, if not all, of the Bill’s provisions to try to bring it into line with EU law and our own constitution while prohibiting imports from the occupied territories.

Ultimately, the government parties did not oppose the Social Democrats motion and it passed without a full vote in a sparsely attended Dail without the direct support of coalition politicians.

The motion says the Dail agrees that Ireland has a “legal and moral duty to do whatever we can to prevent” genocide in Gaza.

It called on the government to “immediately impose trade, travel and diplomatic sanctions on Israel”.

Martin said Ireland does not impose unilateral domestic sanctions and rather applies ones which are adopted by the EU or the UN Security Council.

He said: “I welcome that successive rounds of EU sanctions have been adopted against violent Israeli settlers this year and that further sanctions are under consideration.

“We will continue to actively press for such responses at EU level.”

The motion also called on the government to immediately suspend all military trade with Israel, immediately suspend dual-use licences to Israel, and immediately suspend the use of Irish airspace and airports for weapons transfers to Israel.

Martin said there are no military exports from Ireland to Israel and that the Irish government regulates the export of dual-use items in line with international rules.

He added: “The government has also repeatedly set out the clear policies and procedures that pertain to overflights of sovereign airspace.”

Jennifer Whitmore, Social Democrats TD, said it was “not true” the government was using all tools at its disposal to bring about an end to hostilities.

Whitmore said: “Please don’t stand up there and tell us like we’re all stupid that the government is doing all it can – because you’re not.”

She said the government was “afraid to use the term genocide” in relation to the conflict.

Her party colleague Gary Gannon described the government’s decision to not oppose or directly support the motion as a form of “Schrodinger’s cowardice”.

He said Ireland had obligations to act in order to prevent genocide, adding: “The Irish government has failed in its duties.”

With reporting from the Press Association.