Maureen O'Sullivan (Dublin Central, Independent)
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38. To ask the Tánaiste and Minister for Foreign Affairs and Trade if he has made representations to British officials regarding Britain's refusal to recognise Palestine as a member of the International Criminal Court, even though it accepts that Israel is committing illegal acts in Palestinian territories, specifically in relation to settlement building, which is a war crime under the Rome Statute, as defined in Article 8: War Crimes, Section 2(b), Part (viii); and if he will make a statement on the matter. [3109/14]

Eamon Gilmore (Dún Laoghaire, Labour)
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It is clear that Palestine, having been seated as a "Non Member Observer State" at the United Nations General Assembly, could now become a party to the Rome Statute of the International Criminal Court. However, Palestine has not yet done so, and is not at present a party to the Statute. At the time of the General Assembly vote in 2012 the UK was one of many states, including many who voted in favour of granting Palestine observer state status, who expressed concern that any decision to accede to the Rome Statute simply in order to open another front in an already complex and deadlocked conflict with Israel might be counterproductive to efforts to achieve a negotiated peace agreement.

The consent or acquiescence of existing State Parties is not required for an eligible party to become a party to the Statute. The issue of the UK or other states recognising Palestine as a member of the International Criminal Court, and of Ireland making representations to them on the subject, does not therefore arise.