LAST UPDATE | 5 mins ago
TÁNAISTE MICHEÁL MARTIN will today seek Cabinet approval for Ireland to intervene in South Africa’s case against Israel, which is currently before the International Court of Justice.
The case against Israel concerns breaches of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip.
Ireland will intervene in South Africa’s case against Israel, initiated following the launch of Israeli military operations in Gaza since 7 October 2023.
To date, more than 44,000 people are reported to have been killed.
Martin has previously committed to filing Ireland’s Declaration in the South Africa case before the end of 2024. By filing a declaration of intervention in a case, which must be accepted by the court, Ireland would not join the case on behalf of one side or the other.
Rather, Ireland may assist the Court by making submissions on interpretation of provisions of the Convention.
Martin proposes to intervene to promote a consistent interpretation of the Genocide Convention which prioritises the protection of civilian life, and to demonstrate Ireland’s strong commitment to the rule of law and international justice.
“Fundamentally, Ireland is asking the court to broaden its interpretation of genocide within the Genocide Convention,” Martin told reporters this morning, adding that the issue is “legally complex”.
“We believe it encompasses what has happened in Gaza in particular, in terms of both the intent and in terms of the impact of the horrific Israeli attacks on the Palestinian people within Gaza in particular – where to 40,000 people have been killed, millions displaced, and there’s been a collective punishment of the people living in Gaza.”
Asked by The Journal this morning whether Taoiseach Simon Harris would support including the Occupied Territories Bill, which would ban trade between Ireland and illegal Israeli settlements in Palestine, in the next programme for government, he said he would.
It was the one issue that all political parties agreed was worth doing in the new Dáil term, Harris said, and that he is “eager” that it be passed. Martin told The Journal that he expects the legislation to come before the new Dáil in the first quarter of next year.
South Africa instituted proceedings at the ICJ at the end of December 2023, claiming Israel had violated its obligations under the 1948 Genocide Convention. South Africa also asked the court to order provisional measures to apply pending its final judgment.
In three separate orders earlier this year, the court ordered Israel to take steps to ensure its military does not commit genocidal acts, to limit the scope of its military operations in Gaza and to facilitate humanitarian aid.
However, in November, the Office of the High Commissioner for Human Rights expressed serious concern that Israel is failing in these obligations.
Since South Africa initiated its case, Nicaragua, Colombia, Libya, Mexico, Palestine, Spain, Turkiye, Chile, the Maldives and Bolivia have filed Declarations of Intervention.
In addition, the Tánaiste will seek for Ireland to intervene in a similar case of the Gambia versus Myanmar.
Ireland will intervene in the Gambia’s case at the ICJ under the 1948 Genocide Convention over operations by Myanmar’s armed forces against the ethnic minority Rohingya people.
More than 10,000 Rohingya people are reported to have been killed in these operations and approximately 700,000 have been forced to flee to neighbouring Bangladesh.
The Tánaiste also proposes intervention in the Myanmar case because that case will be decided before South Africa’s case, and the same provisions of the Convention are in question.
The Gambia instituted proceedings against Myanmar at the ICJ in 2019, alleging violations of the Genocide Convention against the Rohingya.
There have been two interventions in this case to date: one by the Maldives and a joint intervention by Canada, Denmark, France, Germany, the Netherlands and the UK.
It is proposed that Ireland will file both declarations in the coming weeks, in consultation with the Attorney General.
In addition, the Tánaiste will seek Cabinet approval to accept an invitation for Ireland to participate as a guest country in South Africa’s G20 Presidency, which runs from December 2024 to November 2025.
This is the first time Ireland has ever been invited to join the group, which represents the world’s 20 largest economies.
Founded in 1999, the G20 addresses major issues related to the global economy.
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