Oireachtas Joint and Select Committees

Wednesday, 18 June 2025

Joint Oireachtas Committee on Finance, Public Expenditure, Public Service Reform and Digitalisation, and Taoiseach

Israeli Bond Programme: Discussion (Resumed)

2:00 am

Dr. Munir Nuseibah:

Jus cogens norms are binding and are the highest norms in international law, to the extent that states cannot agree to breach them. They are at the top of the top of the rules of international law and therefore are absolutely binding for every country in the world. Maybe because they are not always enforced, such as in the case of a genocide or war crimes that are not being stopped, people assume this means they are just general advice and not very binding or important. However, legally speaking, these laws are the highest form of law and can be enforced even long after the event. For example, if someone commits a war crime today, he or she can be prosecuted domestically or internationally 50 years from today. There are examples and precedent relating to individuals prosecuted for crimes they carried out decades earlier. That is the reality of international law that has been established since the Nuremberg tribunals in the aftermath of the Second World War.

With regard to policing the Central Bank, the idea is not to erase its independence in financial matters. However, it is important that due diligence be applied to the work of the Central Bank because, if not, it is likely to authorise crimes like the ones we have mentioned, and also perhaps terrorism and human trafficking. Many other crimes could be authorised through Ireland. This is not a situation that Ireland wants to be involved in.

With regard to the progress with the OPT law, Ireland, through its diplomacy, is doing much better than others, especially in the European context although maybe not by comparison with every country around the world. It is very progressive but it is important that we close the gaps where Ireland can be complicit or a participant because of circumstances such as those concerning the Central Bank or the arms trade-----

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