THE GOVERNMENT HAS rebuffed calls from opposition parties to refer a case to the International Criminal Court (ICC) in relation to Israel’s siege and bombardment of Gaza, saying in a statement that an investigation by the court is already underway. 

Sinn Féin plans to bring a motion before the Dáil next week calling for Ireland to refer a case against Israel to the ICC, something Ireland has done recently, in March 2022, when it joined 37 other countries in referring a case against Russia to the court.

Tánaiste and minister for foreign affairs Micheál Martin said in a statement today that Ireland is “a consistent and strong supporter of the Court, and of its independence and impartiality.”

Martin also explained that an ICC investigation is already underway and that the court has jurisdiction in Palestine. 

“The ICC has jurisdiction over the situation in Palestine, which was referred to the Prosecutor under Article 14, back in 2014. The Prosecutor announced the opening of an investigation into the situation in Palestine (including Gaza, the West Bank and East Jerusalem) in March 2021,” Martin said. 

“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.”

Martin’s statement notes that the ICC’s prosecutor, Karim Khan, has said multiple times that his investigation encompasses the events of 7 October, when Hamas launched its attack against Israel, and the ensuing bombardment and siege of Gaza. 

“He has confirmed that there is an active investigation ongoing in relation to the situation in Palestine,” the statement said, adding that “Ireland will continue to fully support the ICC in its vitally important work in investigating all the situations before it.”

However, speaking on RTE’s The Week in Politics today, Sinn Féin leader Mary Lou McDonald said that Ireland can “adjoin themselves” to the case already being investigated by the ICC. 

“It is my view that we need to use all and every mechanism and leverage that we have to ratchet up pressure to achieve this ceasefire in the first instance,” she said.

Referring to comments made by Taoiseach Leo Varadkar about Israel’s conduct over the last four weeks, McDonald said she agreed with his assertion that Israel’s actions must have consequences. 

McDonald described Varadkar’s comment as “welcome”. 

“He said Israel’s actions and breaches of international law cannot be without consequence. I think he’s right and the question then arises, what’s the consequence?

“Our motion refers to a referral to the International Criminal Court. We believe that the government can and should back that,” she said.