Niall Collins (Limerick County, Fianna Fail) | Oireachtas source

I thank Deputies for their valuable contributions. We all know these terrible circumstances are of huge interest to the House and the people of Ireland. I first want to echo the horror Deputies have expressed at the tragedy unfolding in Israel and the occupied Palestinian territory as we speak. There can be no excuse for this level of brutality and bloodshed. I want to restate that I unequivocally condemn the initial attack by Hamas on Israel and the systematic targeting of civilians, including young children and the elderly. We urgently call for the immediate and unconditional release of all hostages currently being held in Gaza. They must be released immediately without preconditions.

The actions by Hamas were vile and barbaric but we need to distinguish between Hamas and Palestinian civilians in Gaza. We cannot see collective punishment of the civilian population for the crimes of Hamas. I understand the sentiment expressed by so many Deputies relating to the continued bombardment and invasion of Gaza. We have to be clear that Israel has the right to defend itself and its people from attack but it is critical that this is done within the parameters of law. International humanitarian law and the principle of proportionality exist and are universally applicable for a reason. However heinous the attacks that prompt the right of self-defence, militaries are obliged to protect civilians.

We have to reject unequivocally, consistently and vocally those who advocate for violence as a means to resolve conflict in the Middle East. The numbers of lives which have been lost, irrevocably damaged or placed in mortal danger continue to rise. The number of civilian casualties is deeply shocking. I understand more children have been killed in Gaza since 7 October than have been killed in all conflicts annually since 2019. We cannot allow this to continue and it has to stop.

We urgently need an immediate humanitarian ceasefire and a significant scaling up of humanitarian access and supplies to get vital aid to civilians. The lack of basic resources available to civilians in Gaza as a result of the continued restrictions preventing necessities from entering is gravely concerning. We have seen increasingly worrying reports regarding the hardships being faced by civilians. Every day that passes pushes more and more people into desperation. The modest number of trucks that have so far managed to get in via the Rafah border crossing is wholly inadequate compared with the vast need. This needs to change. We must establish meaningful humanitarian access.

Over 1.5 million people are now estimated to be internally displaced in Gaza, with close to 800,000 staying in shelters of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, UNRWA. Overcrowding is leading to the spread of disease. It is essential that humanitarian relief is provided to those who need it. That is why the Government committed €13 million in additional funding for humanitarian assistance to the Palestinian people. This brings Ireland's total support for the people of Palestine in 2023 to €29 million. This funding is more important now than ever and it will continue.

Ireland has been very clear that international humanitarian law applies in all conflicts and circumstances to state and non-state actors alike. All potential violations of international humanitarian law by state and non-state parties should be thoroughly investigated. Israel must comply with international humanitarian law, principles of distinction, proportionality and precaution. The taking of hostages and the use of human shields are breaches of international humanitarian law and must be investigated.

The Tánaiste has issued a statement clarifying that the situation in Palestine is already under investigation by the prosecutor of the International Criminal Court. It covers all crimes within the jurisdiction of the court, including war crimes and crimes against humanity alleged to have been committed within Palestine or by Palestinian nationals outside it, including in Israel, or both. Importantly, the current prosecutor, Karim Kahn, has made it absolutely clear on a number of occasions over the past month that his investigation covers the current conflict, including all events on and since 7 October this year. He has confirmed that there is an active investigation ongoing in regard to the situation in Palestine. The International Criminal Court is the cornerstone of the system of international criminal justice promoting and upholding the rule of law and pursuing accountability for the most serious international crimes. Ireland is a consistent and strong supporter of the court and its independence and impartiality.

All victims everywhere are equally deserving of justice and accountability. As it has arisen in the debate, I want to clarify that Article 14 was used in the case of Ukraine because although it had made a declaration accepting the court's jurisdiction and then referred its own situation to the court, it was not a party to the statute. In cases of such declarations, the prosecutor can only investigate once he receives the authorisation of the court's pre-trial chamber, which is quite a lengthy process. When Ireland and several dozen other states made the Article 14 referral of the situation in Ukraine last year, it had the effect of bypassing the requirement of pre-trial chamber authorisation and allowed the prosecutor to open an investigation immediately. This is not the case for Palestine, which is a state party to the statute and has an open and ongoing investigation.

This is a grave crisis. We have a moral and political obligation to chart a way towards a future in which these events cannot be repeated. We urgently need an immediate humanitarian ceasefire and a significant scaling up of the humanitarian access and supplies to get vital aid to civilians in desperate need. We must place the protection and welfare of citizens at the heart of our objectives. This requires all partners in the international community, irrespective of their starting position, to work together to deliver justice and accountability in line with international humanitarian law.

Ireland is playing a leadership role in shaping a more cohesive and principled EU position. This is what we have always done and will continue to do. We will also continue to take an assertive and principled stance at the United Nations, both in terms of support for a two-state solution and in calling out actions and policies that take us further from the school. We must also retain a perspective on how to move forward in the longer term. It is critical that statements from the EU, US and other partners retain a perspective of a lasting and sustainable peace based on a two-state solution.

In recent years, there have been accusations that the phrase "the two-state solution" has been repeated as a mantra without serious efforts to move in this direction. We work hard to anchor the EU's common position on the conflict and make sure that the conflict remains the focus of the international community. If ever there was a time to reinvigorate the Middle East peace process, it is now. That may seem difficult, but there is no choice. Israelis and Palestinians deserve to live in peace, security and dignity. Palestinian aspirations for statehood and sovereignty are absolutely legitimate and must be taken forward. There is no other way to solve this conflict.

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