Chris Andrews (Dublin Bay South, Sinn Fein)
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The double standards from the Government are absolutely sickening. There was no issue or problem referring Russia to the ICC. The hypocrisy is absolutely clear and is unacceptable. In the past 24 hours, I have received thousands of emails from members of the public asking that Ireland take a stand against the horror, the genocide and the carpet bombing engulfing the Gaza Strip. I have been told from contacts there that dogs are starting to eat the corpses of the bodies in the rubble. It is a never-ending horror. We are witnessing genocide. Today it is Palestine; tomorrow it could be anywhere. We need to see the international community take a stand against the genocide occurring in Gaza. There has to be a cost to Israel ignoring international law. Israel has faced no diplomatic consequences for breaching international law and committing war crimes and this must change. Ireland must step up and refer Israel to the ICC. Let us be straight. The EU is not a neutral body watching this genocide. It is not some innocent bystander. The reality is that the EU is an enabler of this genocide and has profited in billions due to Israel's brutal system of apartheid and its war crimes against the people of Palestine. Since 2012, the EU states have licensed over €2 billion of military contracts to Israel. The EU hints at Israel to show some restraint, but if it is serious about a lasting peace in the region it should stop selling and profiting from the weapons being used in genocide. We see the pressure that the ICC arrest warrant for Vladimir Putin has created, severely restricting his travel out of fear of arrest. Israel must be referred to the ICC and Ireland must do this.

Martin Browne (Tipperary, Sinn Fein)
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International humanitarian law is not being defended as long as countries watch while war crimes and crimes against humanity are perpetrated against the people of Gaza. Today, 170 bodies, including those of newborns, are being buried in a mass grave near Al-Shifa Hospital after vital hospital equipment failed due to bombardment and power cuts, bringing the death toll to over 11,000 people, including 4,630 children. The call we are making here is not being done in the absence of evidence, or in the absence of key figures in the international community asserting that what the people of Gaza are being subject to amounts to war crimes. The United Nations Secretary General spoke of his deep concerns about the clear violations of international humanitarian law. The UN High Commissioner for Human Rights has said that sieges endangering civilians, collective punishment by Israel and forcible evacuation of civilians amount to war crimes. The prosecutor of the ICC has called upon state parties to the court, and non-state parties, to help collectively to vindicate the Geneva Conventions, the principles of international law and the Rome Statute, and to share evidence regarding any crimes so that the court can properly investigate and prosecute them as appropriate.

I call on everyone here to act on those concerns and support our call to refer the situation in Palestine to the prosecutor of the ICC. If we fail to do so, and every country does the same, what purpose does international law serve? Ireland, as a state party to the Rome Statute of the ICC, needs to play its role in setting a precedent and to act, even if others fail to do so. Most immediately, we must reiterate our demand for immediate ceasefires, the immediate release of all hostages, and the unconditional adherence by all parties to their commitments under international law.

We need to call time on the world leaders who have the heft to influence Israel but fail to act effectively. My question to those international leaders is how many deaths need to happen before they act. We must act. We must use the avenues available to us, including the ICC, to make a stand.

Pat Buckley (Cork East, Sinn Fein)
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I am going to put a full stop here. It is as simple as this. We have to refer the Israeli Government to the ICC. I ask the Government to withdraw its amendment. A number of days ago, the High Representative, on behalf of the European Union, stated, "The EU condemns the use of hospitals and civilians as human shields by Hamas." The statement continues, "The EU emphasizes that international humanitarian law stipulates that hospitals, medical supplies and civilians inside hospitals must be protected." There is a contradiction straight away. My biggest problem here, even from speaking to people today, is that a number of years ago we listened to a different government mention weapons of mass destruction, then it went and blitzed the country involved. Funnily enough, there were no weapons of mass destruction. I am getting worried about the misinformation that is coming out here. As it stands, 70% of all those people killed in Gaza and the West Bank are women and children. The only reason that so many have been killed in hospitals is that they are the last place people can go. It is an utter disgrace. It is an absolute genocide.

One thing I never want to see in my life again, after which I stopped going on social media and watching the news, is children being swept against cars like autumn leaves being blown against the wall, and being picked up, bagged and buried. It is an utter disgrace and a shame. There will be shame on the Government if it does not support this motion. We have to do the right thing. We have been persecuted for years and we have learned from experience. I commend everybody in this House who supports this motion and everybody outside this House, all over the world, who has supported the Palestinian people. I am proud to be one of them.

Dessie Ellis (Dublin North West, Sinn Fein)
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The tragedy that is Gaza's Nakba is being played out for all to see. The atrocities that are being committed by Israel in Gaza are being done with the full knowledge that the world is watching. Gaza has a population of 2.3 million, half of whom are children, in an area that is half the size of County Louth, the smallest county in Ireland. Thousands of them have already been killed by Israeli bombs and tens of thousands more will be forever scarred by the terrible traumas they are witnessing every hour of every day. What sort of future can these children look forward to? Like their parents and grandparents, it will be one of despair, oppression and being treated like animals. Palestinians are being dehumanised like this in order to justify the attacks on civilian areas and the mounting number of civilian deaths. Attacks on civilian areas, hospitals, the wounded, medical personnel and protected areas of war are war crimes, as is blocking access to electricity, fuel and water by Israel.

Across Palestine, land is being stolen as illegal settlements are built almost entirely on what even Israel would regard as Palestinian land. There has been a deliberate and aggressive expansion of settlements that undermines the viability of a Palestinian state under the two-state solution. It also undermines Israel's prospects for peace. There have always been attacks on Palestinian villages by settlers. In recent weeks, however, these attacks have escalated. Settlers have carried out 241 attacks in the West Bank and forced around 1,000 Palestinians to flee their homes. There must be an immediate ceasefire and negotiations for the release of those held by both Israel and Hamas. The solutions to this conflict are already in place, but while there is not the political will to implement the solutions, there will always be conflict in Palestine.

Seán Crowe (Dublin South West, Sinn Fein)
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The number of dead and injured in Gaza is so large that it almost defies our ability to comprehend. There are 11,180 dead, 4,609 of whom are children and 3,900 of whom are children. There are 28,200 injured and 2,700 trapped in rubble. By the time this debate ends, 12 more children will have been killed. Children are being wiped out by the murderous Israeli military, which is hell-bent on clearing Gaza of every last Palestinian, and which views hospitals, schools and people queueing up for bread as legitimate targets.

No one could condone the attack on the Israeli civilian population on 7 October that led to this latest outbreak of ethnic cleansing by Israel, but that attack was not a spontaneous act of violence. We cannot see it in isolation or be blind to the oppression and policy of apartheid with which the Palestinian people have been subjugated for the last 75 years. The world turned its back on Palestine as its people were driven from their lands and into camps where generations of Palestinians now live. The US has provided financial, political and military cover while hundreds of thousands of illegal Israeli settlers have steadily encroached and stolen more and more land in direct violation of internal law. Even now, under the cover of attacks on Gaza, settlers are visiting violence on the West Bank, where homes are being burned and destroyed. This is a blatant case of ethnic cleansing.

I wish the Tánaiste, Deputy Micheál Martin, well as he heads to the region this week. I hope he has success in advocating for peace. There must be an immediate ceasefire. All hostages must be released. Israel must be referred to the ICC.

I thank councillors of South Dublin County Council and my Sinn Féin colleague, Councillor Louise Dunne, for passing a motion of solidarity and agreeing to fly the Palestinian flag. I call for an end to this war on children.

Deputies:

Hear, hear.

Brendan Howlin (Wexford, Labour)
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I thank Sinn Féin Deputies for tabling this motion and allowing us another opportunity to address this issue. This is my third time to speak on the unfolding horror that we are witnessing in Gaza. Last week, I said that the carnage we are witnessing daily is sickening. The only thing that has happened since is that matters have become even worse. The Minister for Further and Higher Education, Research, Innovation and Science told the Dáil earlier that this is a war on children. The State of Israel is waging war on children. It is a war that has claimed 4,000 victims so far. They are 4,000 beautiful, innocent children.

The bloodletting continues as we speak in this Chamber this evening. Even war has rules. Humanity has tried to codify acceptable conduct, even in conflict. Foremost among the requirements of belligerents is the protection of children. It is not acceptable to target hospitals. These are places of sanctuary. The declaration, or even the belief, that hospitals are being used by combatants is not an excuse for the destruction of the infrastructure to treat the sick, the ill and the wounded. Laying siege to hospitals is an act of savagery. Gaza's main hospital, Al-Shifa, is today reported to be burying scores of dead patients in a mass grave. The hospital's administrator Mohammed Abu Salmiya said that bodies are littered across the complex and there is no longer electricity in the morgues. He said that so far 179 bodies have been buried, including those of seven babies and 20 ICU patients. The UN has stated that 10,000 people are in the grounds of Al-Shifa Hospital, including staff, the ill, the wounded, and thousands of desperate people seeking shelter. They are looking to a hospital as a place of refuge.

The Palestinian death toll, rising by the hour, currently exceeds 11,200 people.

By any measure, this is a humanitarian disaster of monumental scale and it must stop. The Hamas attack on 11 October was unconscionable and unacceptable. The murder and kidnapping of men, women and children was and is truly shocking but the bloodletting unleashed since by Israel cannot be justified or accepted by the world community.

The policy of Israel now seems to be not alone to destroy Hamas but to destroy the very basis of Palestine itself. From our history, we know full well how generational hate festers after unconscionable violence. Lashing out in rage can sow a terrible seed of future destruction. The people of Ireland - we know this from the thousands of emails we receive and from speaking to people everywhere we go in our constituencies - are truly and deeply concerned about what they are witnessing. They are demanding that we, the Government, the Parliament and every individual politician, do all in our power to bring this carnage to an end. In truth, our influence and our power to fundamentally change the situation on the ground are limited. We know this. However, we can shout loud. We can talk to our friends and allies to build a voice and make clear that there will be no impunity for any individual or any state actor committing acts that breach international humanitarian law.

As the Minister of State indicated, the ICC is investigating. We must insist on the same force and vigour that we, as a nation and as a Parliament, sought in the investigation of criminal acts perpetrated by Russia against the people of Ukraine. In March 2022, Ireland joined 42 other countries in a states-party referral to open an investigation into the situation in Ukraine. This joint referral was lodged by our State, together with 42 other states, even though the ICC had announced the previous month that it would seek authorisation to open an investigation into this important matter. The ICC had indicated, in the context of the Russian aggression against Ukraine, that it was investigating criminal acts and potential violations of the international humanitarian law. Despite this, we thought it right and proper to join with 42 other nations to demand that investigation through a state party referral. Other states, even after this, joined the referral. Not long after the ICC Pre-Trial Chamber II issued warrants of arrest for two individuals, one being the President of the Russian Federation Vladimir Putin.

There can be no double standards. There can be no differentiation in our demands for adherence to the norms of international law. There can be no differentiation in our demands for legal accountability. I was truly surprised and dismayed at the argument that has been made by the Minister of State. It will do no injury to the ICC's investigation for us to do as we did previously and join other state actors and parties to lodge our view with the ICC that an investigation should happen.

I said last week that whatever is believed in the leadership of Hamas or in the leadership of the Israel Defense Forces there can be no military solution to this conflict. There must be a negotiated future, which will deliver both a safe and secure Israel and a viable independent Palestine. For decades the world looked on as the prospect of having two independent viable states side by side became ever more difficult to achieve. The international community must now, in the aftermath of this shocking horrific carnage, give its full weight to achieve this formula, which is the only long-term solution. Those who argue for a single state with an overwhelming majority of people who do not have allegiance to that state know it will foment war and violence for decades to come. Before we reach this the killing must end. The siege on the people of Gaza must be lifted. All hostages held in Gaza by Hamas must be released. We, a small voice but a powerful voice in the international community, must demand that those reasonable humanitarian objectives to be achieved.

Gary Gannon (Dublin Central, Social Democrats)
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I thank Sinn Féin for tabling the motion. I will try to focus my comments solely on referral to the ICC. Israel's illegal actions against the Palestinian people were referred to the ICC prosecutor in 2014. An investigation was opened in 2021 but, it is fair to say, it has stagnated. As the situation has progressed and become an horrific reality beyond comprehension we have an urgent role to play.

The Rome Statute is designed to punish breaches of international law. There is an implied obligation on states to call out breaches when they occur. Right now in Gaza, they are occurring at an unprecedented and inhumane rate. Of course, Ireland making a referral would increase pressure on the chief investigator to expedite the investigation but it would in no way hamper it, as was outlined by the Minister for State earlier.

We in the international community are witnessing a genocide unfold. More than 11,000 Palestinians have been killed since 7 October. They stopped counting the dead last Friday. In all legitimacy, they could not count the number of people under the rubble so they stopped releasing figures. Gaza has been described as a graveyard for children. It was the Minister who described it in these terms today. A child is being killed every ten minutes. A total of 40% of the Palestinian population is under the age of 18. According to the United Nations Office for the Coordination of Humanitarian Affairs, OHCA, more than 1.5 million people in Gaza are estimated to be internally displaced. I was conscious of this earlier today when the Minister referred to it today as a graveyard for children. Surely this requires more than words. It requires action.

On 10 October a UN independent international commission of inquiry on the occupied Palestinian territories, including East Jerusalem in Israel, stated that there is clear evidence that war crimes may have been committed in the latest explosion of violence in Israel and Gaza and that all those who have violated international law by targeting civilians must be held accountable. War crimes are defined in Article 8 of the Rome Statute. The most relevant are in Article 8.2(b) and include:

(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;

(ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;

(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict

Without independent sight on the ground in Palestine, it is impossible to know the scale of the atrocities committed by Israel against the Palestinian people.

The United Nations, Human Rights Watch, the World Health Organization, Amnesty International, the Palestinian Red Crescent Society, Médecins Sans Frontières-Doctors Without Borders and the International Federation of the Red Cross, among others, have all described Israel's army's collective punishment undertaken through a blockade of fuel, medicine, water, electrical generators and solar energy units. The deliberate targeting of hospitals and ambulances is in breach of medical neutrality. It is a war crime under the Geneva Convention. Hospitals and medical personnel are specifically protected under international humanitarian law. This has not happened overnight of course. It is the culmination of 75 years of impunity for endless violations of international human rights law and international humanitarian law. The Israeli government has perpetrated a cycle of dehumanisation, which fuels the killing of innocent Palestinian civilians, 70% of whom have been innocent women and children.

I mentioned genocide. It is not a term I use lightly. It is one that when stated, should be done with the utmost importance and given the legal definition it deserves. The International Court of Justice is invoked under the genocide convention if it is found that breaches of the convention are plausible. "Plausible" is an important word in this context. The Geneva Convention was the first treaty adopted by the United Nations General Assembly and it is considered to be the building block of the international human rights system. In the absence of accountability, we have now reached the point of genocide in terms of what is happening to the Gazan population. The Israeli Defence Minister, Yoav Gallant was quoted as saying:

I have ordered a complete siege on the Gaza Strip. There will be no electricity, no food, no fuel, everything is closed. We are fighting human animals and we are acting accordingly.

The Geneva Convention defines genocide as committing specified acts involving "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such". The group is what must be targeted on grounds that include nationality or ethnicity, and it is a group that is protected. The part targeted for destruction can be represented by a subgroup, for example in a specific geographic area. Palestinians living in Gaza are part of the Palestinian population and can constitute the targeted group for the purposes of the genocide convention.

The right of self-defence is bound by the principles of international law, as well as by the rule of proportionality, and cannot consist of retaliatory or punitive actions. For this reason, no state or individual can ever be permitted to justify genocide in the name of self-defence. On Friday last,, 10 November, Mr. Karim Khan, the chief prosecutor at the ICC, stated, "We are witnessing a pandemic of inhumanity: to halt the spread, we must cling to the law". I note the Taoiseach's comment, from almost two weeks ago now, to the effect that what we are witnessing in Gaza is more akin to vengeance.

If it is possible to justify the killing of any children for any reason, then we can justify anything. In that moment, we have lost our humanity. We are, therefore, asking for the Dáil, tonight and tomorrow, to urgently enforce what is perhaps the most basic and important legal and moral obligation in the world, namely, the prevention of genocide. We must take all available measures to secure a ceasefire, to pressure Israel to end all military operations and to ensure the provision of food, water, medical supplies, emergency housing and other humanitarian assistance to Palestinians in Gaza. The international community must achieve the immediate end of Israel's 16-year closure of the Gaza Strip, its 56-year military occupation of the occupied Palestinian territory, the West Bank, including East Jerusalem, and Gaza, and the apartheid regime the country administers across historical Palestine.

In line with its previous findings, the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, stated on 10 October that it emphasised "that the only path towards ending violence and achieving sustainable peace is through addressing the root causes of the conflict including through ending the illegal occupation of Palestinian territory and recognising the right of the Palestinian people to self-determination". Yesterday, I listened to Gaza city surgeon Marwan Abu Saada describe the excruciating process of performing procedures without anaesthesia, which is often the only option to prevent wounds from becoming infected to a deadly extent. I cannot imagine the inhumanity being inflicted on the population of Gaza. If we do not act now, when will we?

The Minister of State, Deputy Collins, presented the Control of Economic Activity (Occupied Territories) Bill 2018 to the Dáil in 2019 when a member of the Opposition. While I was sitting here, I read the Second State speech he made when introducing that legislation. I think it is important. Many of the words contained in that contribution are probably reminiscent of what we are experiencing now in terms of bringing motions to the Dáil. I will read some of the now Minister of State's contribution on that occasion. The legislation is referred to in our own motion that we will be moving here tomorrow evening. The Minister of State stated, "No condemnation has been strong enough to change Israel's approach, and it would appear that the Israeli authorities have become accustomed to tuning out criticism." He went on to say, "To those who have tried to dissuade us from supporting the Bill and say that it is not the time for such a Bill, I say if this is not the time to act, when will that time come?" He also indicated in the absence of action, Israel was just being allowed to continue on, referring to the occupied territories and the expansion of settlements.

What we are witnessing now is far beyond that. I have to ask the Minister of State, who supported that Bill, and spoke with such eloquence when he did so, and the other 30-odd Fianna Fáil Deputies and Senators who last year called for the expulsion of the Russian ambassador on the same grounds of having committed war crimes in Ukraine, what the difference is? To use the words of the Minister of State, if we do not act now, when will we? I ask because what we are witnessing now is hypocrisy of the highest order. The people in Gaza are undeserving of that..

Our State has a role to play. We have stood out in this regard in recent times because the bar is so low in the context of the rest of Europe. We have, however, been a strong voice in the UN throughout our history. The Minister of State's contribution was worthwhile. What do we do now though? Will we retreat from what the Minister of State said in 2019? Will we retract those words? The time for action is now. I support the motion being brought forward by Sinn Féin tonight and I will be introducing our own motion in this regard tomorrow. I encourage the Minister of State and his colleagues to support action; the time for words is long past.

Paul Murphy (Dublin South West, RISE)
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Earlier today, the Minister for Further and Higher Education, Research, Innovation and Science, Deputy Harris, was taking Leaders' Questions. He was asked about the horror being rained down on the people of Gaza. He said that what is taking place is a war on children. It is a war being waged by Israel against Palestinian children. That is a very good description of what is happening. More than 4,000 children have been killed. Bombs have been raining down on hospitals. A children's hospital has been surrounded by Israeli tanks. Israeli soldiers have been going in and telling the staff that they have to leave, and that they have no choice because otherwise they are going to be shot. The incubators in which babies have been placed are having them turned off because the hospital has run out of fuel. This has been caused deliberately because Israel has been starving Gaza of food, fuel and water. The babies are then, effectively, left to die. There has been a mass grave of hundreds of people at a hospital, including children.

This is a war on children. It is also a war on adults in Gaza. I agree with the Minister, Deputy Harris, that this is a war on children, then, but what is he going to do about it? He has just described it as it is: it is a war on children. Tomorrow night, however, the Minister, Deputy Harris, having said to the world that this is a war on children, will come into the Dáil and vote to say that Ireland will not make a referral to the ICC in respect of a war on children that is taking place. He is going to come into this Chamber and say he is not going to vote to expel the Israeli ambassador, despite the fact that Israel has acknowledged it is conducting a war on children. He is also going to vote against imposing any economic sanctions on Israel, despite the fact it is conducting a war on children. It sums up the utter hypocrisy of the Government on this issue. I refer to the situation where, because it is under pressure from the mass, popular support for the Palestinians, the Government likes to utter fine words, but refuses to take any action because it does not wish to rock the boat in terms of its relationship with US imperialism.

The Government's argument about the ICC is utterly empty and cynical. It is that we do not need to make a referral of Israel to the court, like we did with Russia, because sure there is already an investigation under way. The Government, though, absolutely knows that this is an investigation that has been under way since 2021, that deals with all war crimes going back to 2014 and that has not produced a single, tangible result to date. The Government knows we need a new referral focused on the current crisis and on the genocide and ethnic cleansing being carried out by Israel today. If the Government needs a model for referral, then we can provide that to it.

There is a very extensive referral, which I and hundreds of representatives around the world have signed and which details the various crimes against humanity, the war crimes and the crime of genocide being committed by Israel. This referral specifically refers Netanyahu, Yoav Galant and other Israeli cabinet ministers to the ICC for investigation, citing specific instances of these crimes and citing statements by Israeli ministers and military officers inciting genocide and war crimes. It is open for people to sign publicly.

The people can see the contrast between the underfunding and foot-dragging on the ICC investigation into the situation in Gaza and the speedy investigation of Russia for war crimes in Ukraine, including the issuing of an arrest warrant for Putin for war crimes in March this year. That is despite the fact that the situation in Ukraine was only referred to the ICC in March 2022, long after the investigation into Palestine had supposedly already started. Look at the contrast between the speed of 38 states, including Ireland, referring the situation in Ukraine to the ICC within a month of the war breaking out and the reluctance and refusal of the Irish Government to do this. The Irish Government says openly that the ICC should investigate but refuses to actually make it happen. When Ireland referred the situation in Ukraine to the ICC last year the then Minister for Foreign Affairs, Deputy Coveney, said the referral "will enable the prosecutor to immediately begin his investigation", because under ICC rules if there is a referral from member states, the prosecutor does not have to get the approval of ICC judges before opening an investigation. Why does the Government not apply the same logic to the genocide and ethnic cleansing of the people of Gaza? Is it because Israel is a US ally and Russia is not?

I wanted to quickly address the excuse for not expelling the Israeli ambassador. The excuse for not expelling the ambassador is that we need to get our citizens home. It has been over a month now. The Government is not telling the truth to people. The truth is very clear for anyone who looks at the numbers. Hundreds and hundreds of citizens of other countries have now been allowed out of Gaza by Israel and the Irish citizens in Gaza are being held hostage by the Israeli state. That is right now, when we have these supposedly great diplomatic relations. Citizens of Ireland, and of Brazil, are being punished for the very mild words of criticism by the Irish Government and the vote for a ceasefire at the UN.

This is a moment when the contrast between the attitudes of ordinary people in the West and the attitudes of their leaders is so great. There is a massive gulf between them. Millions of people are mobilising internationally for peace, for justice for Palestine and for liberation for the Palestinian people while most rulers support the oppression and the genocide, or in Ireland's case, criticise with words but refuse to take any action. This is a moment when mass mobilisation can make a difference. Look at the forced sacking of Suella Braverman, linked to the pressure from below. Look at Macron being forced to call for a ceasefire, linked to the pressure from below. We have to put as much pressure on this Government as possible and continue the thousands of emails coming in to say there must be a referral to the International Criminal Court and that the Israeli ambassador must be expelled. There should be thousands of people outside the Dáil tomorrow, Wednesday, at 6 p.m.

Mick Barry (Cork North Central, Solidarity)
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The ruling classes and governments of the world have almost without exception either supported Israel's war or limited criticism to mere words. Because of this, Palestinian trade unionists made the following appeal, "[We] call on our counterparts internationally and all people of conscience to end all forms of complicity with Israel’s crimes - most urgently halting the arms trade with Israel, as well as all funding and military research." Congratulations, therefore, to the Belgian transport workers and Barcelona dockers who refused to handle war material bound for Israel, and to the Palestinian Arab and Muslim workers at Google who have organised a "No Tech for Apartheid" campaign against racist surveillance and victimisation of workers when they speak out against Israel's war. Congratulations to those students who have walked out of classes in protest in Melbourne, in Windsor, Ontario, and in cities across the United States and to those who plan to do so in Bristol, Glasgow, Manchester and London.

In light of these solidarity actions, and given the need to step up pressure, I would like to do the following. First, I call on the workers at Shannon Airport to organise checks as to whether weapons are being sent through that airport to Israel, and to refuse to handle any aircraft that contains such cargo. Second, I call on the 100,000 workers in the Irish health service and their trade unions to urgently discuss what solidarity actions can be taken in support of their colleagues in Gaza's hospitals, who face conditions that can only be described as hellish, unbearable and monstrous. I ask every student in the country, both third level and secondary, and every trade unionist and trade union to note the fact that Wednesday, 29 November is the United Nations International Day of Solidarity with the Palestinian People and call on them to urgently discuss what action can be taken on that day, whether it be a school walk-out, a university sit-in, a 15-minute work stoppage or a lunchtime protest.

Pressure needs to be brought to bear on this Government to act. Some 31 dual-use export licences have been granted this year so far. No more should be issued while this crisis continues. Just as South African produce was banned in 1987 under pressure from the Dunnes Stores strike, the Government should ban all trade with Israel for the duration of this crisis. The Israeli ambassador must be expelled. ICC proceedings should be initiated. Pressure from below now needs to be stepped up to force this Government to act. There can be no business as usual during a genocide.

Peadar Tóibín (Meath West, Aontú)
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More than 11,000 people have been killed in Gaza since 7 October. Some 1,400 people were killed in Israel on 7 October and 200 Israelis remain as hostages. Approximately 4,000 children have been killed in Gaza, now at a rate of one child being killed every 15 minutes. We have seen 90 UN workers and 40 journalists killed so far. Aid has been reduced to a trickle on purpose. Gaza was surviving on 500 trucks a day and now only 1,000 trucks have been allowed in since the start of this particular war. Food, water and fuel are being withheld from civilians and from hospitals. Hospitals, schools and refugee camps are still being bombed and attacked.

Today, it has been reported that a main hospital in Gaza is burying its patients in mass graves. A doctor in the hospital stated that the bodies are littering the hospital at the moment and because there is no electricity left in the morgues, they have to bury these bodies as soon as they can. We have been told by the same doctor that seven children and 29 patients who were in intensive care are now among the dead because of the lack of energy.

Only a small number of people are getting out. Many Irish citizens are desperately seeking to leave but are not being allowed. That is totally unacceptable. We cannot have a situation where other people from other countries are gaining their freedom from this open-air prison and yet Irish citizens are being held in that area.

The shocking attacks on 7 October by Hamas were horrendous acts of terror and should be condemned wholeheartedly. The level of murder and manslaughter that Israel is carrying out now on a daily basis is also a horrendous act of terror and should be condemned wholeheartedly by the international community. I believe these attacks are war crimes and that Israel must be held to account for these attacks. Let us be honest. These attacks and murders are not happening in an international vacuum. They are being facilitated by the US and in part, by the leadership of the EU. In truth, many countries have given a licence to Israel to act in this manner. The leadership of the EU and the US have, in reality, signed a blank cheque in support of Israel. The EU response is particularly ignorant because it grossly distorts the foreign policy position of many countries such as Ireland.

I have spoken to the ambassador for the Palestinian National Authority to express my deep shock and horror at what is happening to the people of Gaza. I have also requested a meeting with the Israeli ambassador. A meeting has been agreed but a date has not yet been provided. I will say that many Irish people have a sympathy for Israel.

Many people know its history and understand that the Jewish people have suffered unimaginably, not only in the Holocaust, but in pogroms throughout the world in practically every century in the past thousand years. Many also understand the deep fear that is felt by Israeli citizens in a region where they have many neighbours who seek to eliminate them. However, no historic wrong can justify the killing of 5,000 children or the pounding of an open-air prison half the size of County Louth. The truth of the matter is that even if Israel kills every last Hamas fighter, its actions will simply lead to deepening bitterness and hatred in the area. That hatred will infuse another generation with the will to fight against Israeli occupation. Israel may not realise that the level of murder and injustice it is involved in is sewing the seeds of hate and vengeance that will cause great damage to Israel in the future. Its actions are wrong in many ways and they are also counterproductive to Israel's objectives. The Israeli Government is destabilising the whole region.

The Government has stated it will not seek the expulsion of the Israeli ambassador because Ireland could be an interlocutor for peace in the future. I asked the Taoiseach whether the Government has yet made any effort to offer Ireland as a facilitator, mediator or interlocutor for peace. He said "No". Earlier, I asked the Minister for Further and Higher Education, Research, Innovation and Science whether the Tánaiste will offer Ireland as a facilitator or mediator for peace during his trip to the Middle East, and he said "No".

Denis Naughten (Roscommon-Galway, Independent)
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As a people, we are all sickened and deeply troubled by the increasing violence and its devastating impact on Gaza's population, as well as by the growing number of deaths in the West Bank. Every one of us is appalled by the unprecedented level of casualties on both sides and the severe suffering this conflict is inflicting on innocent victims, including older people, women and, especially, children. I strongly condemn acts of violence against civilians, which are completely against international humanitarian law.

Although the International Criminal Court is already probing allegations of war crimes and crimes against humanity in both Palestine and Israel, including those since 6 October 2023, those investigations need to be expedited. Currently, the capacity for a thorough investigation, which has been ongoing for the past 32 months, is lacking and I welcome the Sinn Féin motion, which exposes this intolerable delay. I agree with the Tánaiste it is crucial for all nations that have signed up to the Rome Statute to now live up to their responsibilities and provide the necessary financial and political support to the International Criminal Court to conduct a comprehensive and prompt investigation into all allegations of such crimes, including those since 6 October 2023.

I have received hundreds of emails regarding the Social Democrats’ motion tomorrow asking me to "put aside party politics for human decency”. That is exactly what I intend to do. I am not speaking without some understanding of the issues in this part of the Middle East. I have been directly involved in a peacebuilding process in this region for the past few years. In recent weeks, I have had a modest yet informed role in conversations concerning the ongoing crisis. My involvement has primarily been in supporting efforts towards establishing a humanitarian pause in the escalating situation. This is not a time for political manoeuvres. It is time to halt the violence and save lives.

Diplomacy and dialogue are needed now more than ever. We cannot abandon our citizens in Gaza, in particular little Emily Hand, who is being held hostage there as we speak. Nor should we abandon our Defence Forces personnel who are serving in peacekeeping roles in the region and reliant on Israeli support. I spoke to my colleague Deputy Berry, who has served with the Defence Forces in the region. He pointed out that it appears the proposal to expel the Israeli ambassador has been made with little or no consideration of the real-world consequences of such an action. Almost 10% of Ireland's army, or almost 500 personnel, are deployed in the Middle East at all times. This is an incredible statistic unmatched by any other country. Should the Israeli ambassador be expelled from Dublin, Israel would not only reciprocate with the immediate expulsion of our ambassador from Tel Aviv, but would also likely revoke the visas of the 11 Defence Forces officers in the United Nations Truce Supervision Organization, who are based primarily across Israel and the West Bank. This would not only reduce the likelihood of evacuating our citizens from Gaza and the safe return of our eight-year-old hostage, it would also undermine Irish efforts to deter conflict from spreading to the West Bank and Jerusalem. The risk of an Irish UN post being shelled as a reprisal would also increase. Furthermore, a standing arrangement whereby higher level medical care is provided to Irish peacekeeping troops in the Israeli hospital in Tiberias may be compromised.

We must collectively strive for an immediate humanitarian ceasefire by both sides in this conflict and urge the release of all Israeli hostages held by Hamas. As a matter of urgency, we need to ensure sufficient humanitarian aid, including vital fuel supplies, is allowed into Gaza. This aid is necessary to provide some relief and meet the basic needs of its people.

Danny Healy-Rae (Kerry, Independent)
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I am glad to have the opportunity to speak on this serious motion. We are all scared stiff by what is happening in that part of the world. Last night on television, I saw little babies lying in a clump together somewhere. They were all dead. God almighty, it is terrible and hurtful. It is hard to even watch, never mind endure. I call on the Government to do whatever it can. It does not feel like we are doing enough to ensure a ceasefire happens and that this ridiculous, outrageous war is ended. We cannot allow it to continue. It should not continue. The Americans should be doing a lot more to stop this war.

Michael Healy-Rae (Kerry, Independent)
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An outrage is being perpetrated on innocent people in hospitals, including children. That it has become a graveyard for children is not an exaggeration; it is a fact. All right-thinking people around the world want a ceasefire, safe corridors to be put in place and for the raining down of bombs to stop. One thing I always say about politics is that it is great we can all come into this Chamber where we debate, get cross and do everything in the world, but when we walk away at the end of the day, we have used a biro instead of a gun, bomb or a bullet. That is good in a democracy. It is awful to see what is happening.

I will dwell a little on diplomatic relations. Diplomatic actions are rarely one-sided. Expelling the Israeli ambassador would surely trigger a reciprocal response from Israel, such as expelling the Irish ambassador to Israel. This type of tit-for-tat cycle could lead to a further deterioration of relations, hinder the prospects of peaceful dialogue and would further undermine Ireland's neutrality.

The Government has a responsibility to consider the safety and well-being of its citizens abroad. Expelling the Israeli ambassador would strain relations, affecting Irish passport holders in Israel and Palestine. There could be repercussions ranging from increased scrutiny to limitations on travel or other inconveniences for Irish citizens in the region, and endangerment-----

Seán Canney (Galway East, Independent)
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I thank the Deputy.

Michael Collins (Cork South West, Independent)
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I fully support the calls for a ceasefire, expressing our deep concern over civilian casualties. The recent focus on Gaza's hospitals is atrocious and must stop. Unfortunately, these hospitals are reported to be a potential Hamas headquarters, which raises serious concerns about civilian safety. In fact, Hamas was reported last week to have used communication channels to warn civilians not to leave the hospital. If true, this would be abominable. Unfortunately, hospitals and other medical facilities have become caught up in the intense fighting as Israel presses its offensive against Hamas in Gaza city. Hamas must also bear responsibility, however, for using these hospitals, or the tunnels that run under them, as their bases, fully aware the consequences of doing so inflict pain and suffering on the Palestinian people. The focus of attention has been on Al-Shifa, Gaza's largest hospital, where an estimated 2,300 people remain trapped by battles on the surrounding streets, while other facilities report similar situations, a lack of supplies and power and an ever-present threat to life due to fighting.

The World Health Organization has stated 36 health facilities, including 22 hospitals, have been damaged since the war began on 7 October, with only a handful still operating. It said last Sunday that Al-Shifa in Gaza City, the territory's largest hospital, with 700 beds, had ceased to function and that the situation inside was dire and perilous. The surrounding streets are engulfed by fighting between Hamas and Israeli forces. Critical infrastructure has been damaged, according to the UN. Israel claims Hamas fighters are operating in tunnels underneath the hospital, although that is a claim Hamas denies.

The reality is staff inside the hospital say it is impossible to leave without risking injury or death. The WHO director general, Tedros Adhanom Ghebreyesus, stated on X that constant gunfire and bombings in the area have exacerbated the already critical circumstances. Multiple reports from inside the hospitals say there is no food or fuel to run generators and that solar energy is being used to power a few critical systems. There have been communication blackouts, and the charity Doctors Without Borders was unable to contact its members in Gaza over the weekend. The Hamas-run health ministry has stated that at least 2,300 people are still inside the hospital, including up to 650 patients, between 200 and 500 staff and about 1,500 people seeking shelter.

When we talk about expelling the Israeli ambassador, I certainly will not support any motion to expel any ambassador, unless the country they represent attacks ours. I am a bit surprised Sinn Féin is supporting that, given it was blocked for many years from speaking itself. There is no possibility of peace if you keep turning your back and shutting the door on people. It is immature politics. If we are to bring peace to the country, the US, as Deputy Danny Healy-Rae said, needs to get on board to force peace in it. Ireland has a brilliant chance of doing that because ours is a neutral country, and we should be pushing for that. Certainly, expelling the Israeli ambassador would send the wrong message and would shut doors to peace rather than open them, which is what we need to be concentrating on.

Mattie McGrath (Tipperary, Independent)
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The motion states the Government should exercise its right, under Article 14 of the Rome Statute, to refer the situation in the state of Palestine to the International Criminal Court, ICC, prosecutor. This call for a referral, however, appears redundant on two fronts. The first is that the ICC is currently investigating the matter in Palestine, with the prosecutor, Karim Ahmad Khan, having clarified on several occasions over the past week that his investigation is covering the ongoing conflict, including all the events since 7 October of this year.

Second, the most relevant but inconvenient fact is that such moves are, in the first instance, no more than political posturing, carrying no meaningful weight, since Israel, like the United States, Russia, China, India and a raft of other countries, are not even members of the International Criminal Court and do not recognise its jurisdiction. What, therefore, is this all about? It is like a lot of the political posturing of many establishment politicians in Ireland, and Sinn Féin has now entered the establishment class, in my opinion. Why let simple practicalities get in the way of political point-scoring?

We in the Rural Independent Group fully support the calls for a ceasefire, expressing our deep concern over civilian casualties. The recent focus on Gaza's hospitals is atrocious and must stop. Unfortunately, these hospitals are reported to be potential Hamas strongholds and headquarters, which, if it is the case, is shocking, but only time will tell that-----

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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Who reported that, Mattie?

Mattie McGrath (Tipperary, Independent)
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It would raise serious concerns-----

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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Who reported that?

Mattie McGrath (Tipperary, Independent)
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Can I continue?

Seán Canney (Galway East, Independent)
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Deputies, please.

Mattie McGrath (Tipperary, Independent)
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In fact, Hamas was reported last week to have used communication channels to warn civilians not to leave the hospitals. If that is true, it would be abominable, and we have to have that investigated properly before we start posturing here. Unfortunately, hospitals-----

Mattie McGrath (Tipperary, Independent)
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Sinn Féin might send out some of its SWAT teams and they might investigate it.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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Read the motion.

Mattie McGrath (Tipperary, Independent)
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Sinn Féin is good at that itself.

Mattie McGrath (Tipperary, Independent)
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It has been good at the heavy-handed stuff.

Seán Canney (Galway East, Independent)
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Deputies-----

Mattie McGrath (Tipperary, Independent)
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I did not interrupt these people.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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Ah no, I am really disappointed in you now, Mattie.

Seán Canney (Galway East, Independent)
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Excuse me, everybody gets their chance to speak-----

Mattie McGrath (Tipperary, Independent)
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Not with Sinn Féin around. God help us if they get into government.

Seán Canney (Galway East, Independent)
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Deputy, have some respect for the Chair.

Mattie McGrath (Tipperary, Independent)
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Unfortunately, hospitals and other medical facilities have been caught up in intense fighting as Israel presses its offensive against Hamas. We all condemn, although some people are slow enough to do so, the attack Hamas carried out on 7 October. It was horrific and highly provocative, but we equally condemn the overkill demonstrated by the Israelis. Nevertheless, when we know Israel does not recognise this court, along with the United States, India and Russia, it is disappointing to see political posturing of this nature. I know Sinn Féin is getting ready for government, but sin scéal eile. The kind of posturing we have seen tonight does not carry any weight with me or with many members of the public. The conflict is an unfortunate and tragic situation.

Seán Canney (Galway East, Independent)
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Before I call on the Independent Group, I ask Deputies, please, to allow everybody to have their say, with no more interjections. This is a very serious matter and everybody has to show respect for one another. Thank you.

Thomas Pringle (Donegal, Independent)
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I am happy to speak to the motion, and I highlight the motion tabled by the Social Democrats that is due to be taken tomorrow night as well. The benefit of debating two motions on the matter in one week is that it gives all of us in the smaller groups a chance to speak.

There is no doubt the ongoing ethnic cleansing taking place in Gaza needs to be continuously addressed in this House. Every evening, we get more and more depressing and upsetting news on our TVs, and it is bizarre we are witnessing the slaughter live on television. It is even more shocking when we see clearly how the West is supporting and condoning the actions of the apartheid state of Israel. Some of them might be trying to get the Israelis to be not so aggressive but, sadly, that is all they are doing. They are not saying enough is enough. The Government is not saying it needs to stop or that the onus is on Israel, as the occupying force, to act in a way that protects human life and not murder women and children indiscriminately, because that is what Israel is at, no matter what way some people would like to dress it up.

It is worth mentioning again the litany of atrocities being carried out by Israel, but the sad thing is that by the time these words have been said, the numbers will have increased inexorably. Eleven thousand people have been killed, including more than 5,000 children, 89 United Nations workers and 39 journalists. I do not believe it is accidental that the United Nations workers and the journalists appear to have been targeted. Let us not forget that journalists are supposed to be protected under international law, but we have seen that international law does not bother Israel or the EU, the US or the UK. I raised the killing of journalists in Gaza with the Taoiseach two weeks ago. He dismissed my concerns at the time, and the numbers have doubled since then.

A Trócaire staff member who is in Gaza with three young children stated:

My home is now destroyed. We haven’t electricity, internet or water. Please do something for us. Put pressure on your government and the whole world to do something.

We need to put pressure on Israel through our actions, and on the rest of the world as well. We can do that by passing the Control of Economic Activity (Occupied Territories) Bill 2018 and the Illegal Israeli Settlements Divestment Bill 2023 in this House. We can expel the Israeli ambassador, given Israel has not stopped killing journalists, UN workers or healthcare workers, and put pressure on the EU in regard to suspending the EU-Israel Association Agreement and the EU-Israel Horizon Europe association agreement.

We can refer Israel to the International Criminal Court and support what it is doing to hold Israel to account for the atrocities it is continuing to carry out.

As if things were not bad enough, the continued violence by Israel and settlers against Palestinians in the West Bank has stepped up under the cover of what is going on in Gaza. Some 150 Palestinians, including 44 children, have been killed by the army and settlers since 7 October. Combined with this is the situation in Israel for Palestinian citizens and Jews who have opposed the war in Gaza. As Trócaire pointed out, more than 110 people have been arrested in Israel for speech-related offences. Human rights lawyer Michael Sfard said, “There is a wave of silencing of any type of, not only criticism, but also just compassion.” That is what Israel would like everyone to do - silence our compassion for the Palestinian people. Thankfully, the Irish people have shown over the past few weeks that they will not be silenced through their compassion and support for oppressed people. They know instinctively what it means to be a Palestinian and to suffer under occupation and will continue to force our Government to represent their views in the wider world.

Catherine Connolly (Galway West, Independent)
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I thank Sinn Féin for the opportunity to speak on this matter and also the Social Democrats for its motion tomorrow. I have serious concerns about the call for the withdrawal of the Israeli ambassador. I have a particular viewpoint on that which does not match what people are saying here. Notwithstanding that, it is one month and one week to the day since the attack by Hamas which killed 1,400 Israeli people. I am on the record condemning that out of hand. I am also on the record condemning, in this House, at protests and vigils in Galway and on Sunday in Shannon, the disproportionate and inhumane action taken by the Israeli army, which, in my opinion, has all the ingredients of genocide. There is a particular campaign with the Israeli Embassy concerning anyone who speaks out or says something different. A speech I made last week or the week before in the Dáil has been subject to more than a comment - a detailed statement - to local radio in Galway. Other TDs, my colleague included, have had the same experience.

One child is killed every ten minutes, there is indiscriminate bombing of houses, hospitals and health centres and we stand here today arguing over the nuances of referring Israel to the International Criminal Court. Somewhere between 11,128 and 11,200 people have died - we are speaking about human beings like this - we are not quite sure how many have died; of 8,000 women and children, 4,500 are children. Thousands of others are under rubble and we are arguing about the nuances of how we should refer Israel to the International Criminal Court. The Secretary General of the United Nations said, "Gaza is becoming a graveyard". It is a graveyard, as the Minister of State knows. Some 1.5 million people have been displaced. Some UN experts have resigned in disgust, horror, sadness and disbelief, warning us about the risk of genocide against the Palestinian people. All but one hospital has closed down. The EU has yet to call for a ceasefire. I do not wish to give too much of my limited time to Ursula von der Leyen but she pointed out that we are "standing shoulder to shoulder with Israel". She certainly does not have my shoulder. We moved a little with Borrell, who was a bit more nuanced but now we are back again. The EU has backed Israel in saying its unprecedented killing of civilians in Gaza is partly due to the terrorists' use of human shields. Even if one was to accept that - I fully disagree with it - let us look at the word "partly". If it is only "partly" used, what about the part that is not "partly"? Will it do or say anything about that by Israel? Human Rights Watch told us about Israel's use of white phosphorous munitions in Lebanon and Gaza, which is a clear violation of international humanitarian law.

I wish to talk about a writer, Daniel Levy, among other writers. I have searched and read. I quoted this man in Shannon on Sunday. He is a Jewish Israeli and a former adviser to Israeli prime ministers.

Israel's current course can only ensure its perpetual instability.

[...]

Oct. 7 and its aftermath can be a catalyst for the previously unthinkable - for good and for bad. [I would think our voice as a neutral country should be for the good.]

[...]

But if our nightmares emerged in failing to anticipate and prevent the horrors of Oct. 7 and every day since, then we should unleash our political imagination in laying the groundwork for a future of life and hope.

Otherwise, we are staring into the abyss. Levy talks about three truths, which are possible to hold simultaneously if we are seriously interested in promoting peace:

First, the militant attack on Israeli civilians was unconscionable, inhumane and in violation of international law. Second, [and even worse - that is my addition] Israel's collective punishment against Palestinian civilians and its actions in Gaza are unconscionable, inhumane and a violation of international law. And, third, one must address the context of occupation and apartheid in which this is unfolding if one is to maintain integrity and be able to plot a strategy going forward ... If we can hold these three truths, then it will be possible to prevent further casualties ...

We should listen to that man and a number of other writers like him who are telling us that we are staring into the abyss. On the contrary, however, western leaders have spoken with tremendous sympathy and compassion for the casualties in Israel. There has been a glaring absence, however, of any reference to the humanity of Palestinians. It should not be that hard to acknowledge their pain, suffering and endless dispossession. The sin of omission in the language from the US and many European leaders is encouraging war crimes. Without leadership from them, there is an even bigger onus on us to show leadership. There have been many attempts to bring motions for peace in the UN which have been vetoed by the United States.

There are things we can do aside from calling for the withdrawal of the Israeli ambassador, who should be asked in no uncertain terms to come before the Dáil or the relevant foreign affairs committee to account. She should be in no doubt as to what we think. There are the Illegal Israeli Settlements Divestment Bill 2023 and the Control of Economic Activity (Occupied Territories) Bill 2018 and trade with Israel that we could immediately look at. There is no arms embargo. IDA Ireland has representatives in Israel and, of course, we have Shannon Airport. We have reassurances, pathetic as they are, from the Minister and leadership that arms are not being carried and there are no cluster bombs going through Shannon, nothing like that. Imagine taking assurances from the Americans who led the war in Iraq on the basis of false evidence.

Violet-Anne Wynne (Clare, Independent)
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I will begin, as I always do in these important and serious contributions, by condemning unreservedly the actions of Hamas and the war crimes and genocide being perpetrated by Israel. Since I last spoke on this matter in the House, the power to the Al-Shifa Hospital and all hospitals in northern Gaza has been cut. Babies are being taken out of incubators, wrapped in foil and placed next to hot water in a desperate attempt to keep them alive. Not only is this yet another breach of international law in the form of Article 33 of the Fourth Geneva Convention, it is also barbaric, inhumane and morally repugnant.

I stood here 24 days ago and called for this case of genocide, war crimes and crimes against humanity by Israel to be referred to the International Criminal Court so I welcome the motion this evening in that respect. In five weeks, Israel has murdered more than 11,000 people and more than 4,500 children. In the first two weeks, more than 25,000 tonnes of explosives were used and the UN has confirmed that white phosphorous attacks have taken place. People have been murdered indiscriminately, raped and beaten mercilessly. Gaza will go dark on Thursday if fuel continues to be denied.

I welcome the financial contribution to the International Criminal Court announced in the House this afternoon. However, it is not enough. The people of Ireland want considerable action taken and they care less for the differences in this House. I agree with the sentiments expressed by Deputy Connolly in that I too do not think the disagreements in this House are helpful.

There is a suite of measures and actions that can be taken. People are so angered by what they are seeing everywhere at this point that they want to know action is being taken by leadership and that it will be brave, significant and meaningful. I am disgusted that we have not yet acted under Article IX of the genocide convention and Article 14 of the Rome Statute. I implore the Minister of State to heed my words and those of colleagues who have previously spoken this evening to act now, to halt Israel and stop it from getting away with genocide. We need the hostages to be released and we need a ceasefire now.

Niall Collins (Limerick County, Fianna Fail)
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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.

Ruairi Ó Murchú (Louth, Sinn Fein)
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A week ago, António Guterres stated:

Gaza is ... a graveyard for children. The nightmare in Gaza is more than a humanitarian crisis. It is a crisis of humanity.

I think it is fair to say that the situation has drastically disimproved.

I assume there is agreement across Government parties with the ministerial statement from earlier today that the Israeli onslaught on Gaza was a war on children, you could not build peace on the mass graves of children and Israel had become blinded by rage.

Dr. Ahmed El Mokhallalati, a surgeon at Al-Shifa hospital, told Reuters by phone that the main risk now was from dead bodies decomposing, burying 120 bodies needed a lot of equipment and could not be done by hand or by an individual, and it took hours and hours to be able to bury all those bodies. This is the reality that Palestinians in Gaza are dealing with. We are speaking about 11,240 Palestinians dead, including 4,630 children, 101 UN workers, journalists and others. Enemies of Israel or collateral damage, the result is the same – refugee camps, hospitals and dead babies.

The numbers will be greater tomorrow. Israeli spokespersons will refute the figures and speak of the IDF being the most moral army in the world and how it does everything to avoid civilian deaths, including by giving warnings and sending text messages. This is a nuclear power that is pulverising a civilian Palestinian population and pretending that Hamas are an existential threat to modern-day Israel. The regime of Benjamin Netanyahu is where chancerism meets absolute racism. We need to refer Israel as the war criminal it is to the International Criminal Court, as was done by Ireland and many other states in the case of Russia.

I will leave it at that. I could go on for hours.

Réada Cronin (Kildare North, Sinn Fein)
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We have kept this motion simple. We are asking the Dáil to refer Israel to the International Criminal Court in the name of Ireland, humanity, decency and the international rule of law, given the murder of UN staff, the targeting of journalists, the killing of their families, the evisceration of men, women and children, and the killing of ICU nurses and doctors. I saw the last ever interview with Dr. Hammam Alloh of Al-Shifa hospital yesterday before he was murdered by Israel. The interviewer asked him why he did not leave and go south with his family. He replied by saying he had not gone to med school so that he would think only of his own life. That was not the reason he became a doctor, and if he left, who would treat his patients? Who will do that now? Israel has murdered him, so he cannot. Dr. Alloh was not a member of Hamas. The more than 4,500 dead children were not members of Hamas.

We should not ride on the coat-tails of the investigation taken by the prosecutor, Mr. Karim Khan, or the French lawyer, Mr. Gilles Devers, and his growing team of international lawyers. By referring Israel to the International Criminal Court, we would send a clear signal to the world that Ireland was a serious international voice, one that rejected the criminal targeting of hospitals, ambulances, refugee camps and schools and the deprivation of food, water, medicine and fuel. This should be an open-and-shut case. By their own words will Israel’s politicians and the IDF be condemned.

The war will end when more pressure is exerted on Israel. This means that countries will have to raise their heads above the parapet for the dominos to fall. The sooner this war ends, the more lives will be saved. If a ceasefire had been called yesterday, every Gazan killed by Israel today would have been saved. Every action matters. Every day matters. Human lives are at stake. The dogs on the street know it. The dogs in Gaza know it because they are eating the evidence by dining on corpses while the world silently watches. It is more than decent humanity can bear. Do the right thing.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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Well said.

Brian Stanley (Laois-Offaly, Sinn Fein)
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I welcome the opportunity to contribute on this motion. What we have seen over the past six weeks in the Middle East has shocked all decent people in the world, including in this country. I condemn the actions of Hamas on 7 October and its attacks on Israeli civilians. In particular, I extend my sympathy to the family of Kim Damti. They are related to the Cooper family in Coolrain near where I come from in south Laois. They have been through a terrible trauma.

However, the actions of Israel are shocking and horrific. This did not start on 7 October. Palestinians have been driven off their land, murdered, tortured, treated as subhuman, forced to live under an apartheid system, humiliated day in, day out and treated as refugees in their own land for the past 75 years. The slaughter of the past five weeks is unprecedented. Whole neighbourhoods have been blown apart. Nowhere is safe in Gaza – hospitals, schools, prayer houses, crèches or homes. Refugees are being bombed and murdered as they flee for their lives. Water, food and medicine are denied. War criminals are doing this. The State of Israel is a war criminal.

Israel is not listening. The ambassador is simply disseminating propaganda on behalf of the Israeli Government and the army carrying out these horrific actions. Anyone who criticises Israel’s actions is branded “antisemitic”. What a load of rubbish. They seek to defend and justify the war crimes committed by their state. Does Israel really believe that it will be safer after all of these actions? That would be ludicrous. Its borders will not be more secure. It is making the whole Middle East, including itself, less secure. It is time to refer Israel to the International Criminal Court. It is time for these war criminals to be charged, brought before the court and treated as they should be on the international stage, namely, as criminals.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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I am disappointed by the Government's response, particularly given how it was conveyed by the Minister of State who moved Second Stage of the Control of Economic Activity (Occupied Territories) Bill 2018 in the Dáil. The Government’s response smacks of double standards. I will put it in context. On 28 February 2022, the ICC prosecutor, Mr. Khan, announced that he had begun the process of a formal investigation into the situation in Ukraine. It was 2 March that Ireland joined other states in referring the situation to the ICC. Clearly, the fact that the ICC already had a process in train was no barrier to additional referrals being made. The same would be true in the case of Palestine. Ireland was one of 41 states that signed the referral. Why did 41 do so when, according to the logic set out by the Government tonight, just one would have been enough? It was because each of those 41 governments rightly clung to the view that each signatory added a political impetus to, and strengthened the mandate of, the ICC prosecutor. The same would be true in the case of Palestine. On top of the referral that Ireland co-signed, Lithuania submitted a separate referral in respect of Ukraine. It was considered a welcome intervention and an additional direction to the prosecutor. The same would be true in the case of Palestine.

Tonight, what we have seen from the Government, which did not even have the manners to send a Minister to this debate, is a set a excuses for why it does not have to refer the actions of Israel in Gaza to the ICC. However, not a single viable reason for that has been given. The Government can and should make this referral. If Ireland is to maintain its credibility on international law when so many world leaders, particularly in the EU, have lost theirs, we must be consistent. For all that the Irish Government is better than many on this issue, there remains a glaring inconsistency between the approach to Ukraine and the approach to Palestine. There are multiple instances where more than one referral was made to the ICC in respect of the same territory, and not once were those who made the referrals accused of politicising the ICC, a charge that another Minister of State, Deputy Fleming, said would be made against Ireland were we to ask the ICC to investigate what were the most heinous and grotesque breaches of international law happening in the world right now. He did not say who precisely would make that charge, but we can guess who he was afraid of. Under Article 14.2, Ireland is entitled to request that the ICC prosecutor focus on the specific crimes that have been committed in Palestine since 7 October. The Government’s argument is that the current referral by the state of Palestine covers this period, but I hope that the Minister of State knows that, while that referral includes a broad call for an investigation into Israeli actions since 2014, it specifies instances that do not include the recent atrocities committed in Gaza.

The most spurious argument of all was that the Government signed the Ukraine referral because Ukraine had not previously been a signatory to the ICC whereas there was no need to in respect of Palestine. Due to Ukraine not being a signatory to the Rome Statute, it deserved to have 40 plus countries refer the matter, but because the state of Palestine has signed up to international law, it must stand alone.

What we have had tonight are shameful excuses and blatant double standards.

Strong words must be met by action. The most basic action that Ireland can take is to exercise its right to refer the warmongering Israeli regime to the only international authority that has the remit to investigate. I appeal to the Government and Independent Deputies to do the right thing by rejecting the Government's watery counter-resolution and supporting the Sinn Féin motion as the very least that Ireland can do. If we do not take this step, the Government must answer what precisely it intends to do other than utter words. The people of Palestine need much more than words.

Seán Canney (Galway East, Independent)
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In accordance with Standing Order 80(2), the division is postponed until the weekly division time tomorrow evening.