Oireachtas Joint and Select Committees
Wednesday, 30 September 2015
Joint Oireachtas Committee on Foreign Affairs and Trade
Situation in Gaza: Discussion
10:00 am
Mr. Raji Sourani:
I am actually positively shocked at the level of up-to-date knowledge of the members of the committee. This is something very positive and reassuring for us. We do not occupy Israel. Israel has occupied us for the past 48 years. We do not have nuclear arms. Israel, according to Mordechai Vanunu, has 85 warheads, although that was 15 years ago. We do not have the fourth mightiest army on earth. Israel does. Unlike the Israeli army, we are not overseeing a belligerent criminal occupation, but we are always accused of being the victimisers of the occupation. It is like something from Kafka in the way it is always represented.
What can Ireland do? I am keen for this respected committee to write to the foreign Minister about specific points. Ireland is a member of the UN Human Rights Council. A fact-finding mission from the council has just concluded and the report has been approved and endorsed by the Human Rights Council. I suggest strongly that Ireland, regardless of whether it is a member, as it has done previously, should take the lead in this regard and take the recommendations of the fact-finding mission and try to ask Europe to act accordingly. This means trying to implement all the recommendations, including referring the report to the International Criminal Court to investigate what has happened in the occupied Palestinian territories.
The point of departure is the criminal, illegal and inhuman siege on Gaza. These are not our words. They were said by the guardian of the Geneva Convention, the International Committee of the Red Cross. The ICRC has used the words "siege," "illegal" and "inhuman," as well as statements to the effect that collective punishment against Palestinian civilians should be abolished immediately and completely, not partially. These words come from an ICRC public statement. Nothing less or more than that should happen. The siege should be abolished.
It is unacceptable to us that Europe provides more legal and political immunity to suspected war criminals. Article 1 of the Geneva Convention sets out in clear-cut terms the obligation of the high contracting parties.
It states that the high contracting parties of the Geneva Convention should ensure the due applicability of the convention. Therefore, we are talking about a legal obligation on states. It is not a proponent, it is not political. They have to do it. This is not a Palestinian invention; it came after the Second World War. It is there to protect civilians at a time of war. Accountability is a must, not only to take care of those who committed war crimes, but to deter them and others and ensure this does not recur.
Fourth, there is not a single word in the Oslo Accords about international law, international humanitarian law and human rights. This is not a coincidence. We know the Israeli legal team. It numbered 38, headed by Mr. Joel Singer, one of the top-notch lawyers and the ex-military prosecutor in Israel. Also, there was no legal adviser for the Palestinian negotiating team. That is why, when we used to say constantly to respected foreign Ministers and other bodies in the European governments we must ensure respect for the rule of law, democracy and human rights, there was always the counter argument that they understand that fully but they have also to take care of peace and security. Peace and security implies victimisation or the marginalising of the rule of law, democracy and human rights. The question is, since when did the rule of law, democracy and human rights contradict peace and security? These are complementary. After 20 years, this showed this was absolutely wrong because the harvest we are having right now is the rule of the jungle.
Regarding point number five, all that Palestinians seek and ask for is simple. We do not want more than the rule of law. One is conveying a message to the Palestinian people and to the region and it is a very vital, important, strategic message. We hate bin Laden and ISIS for the simple reason they operate under the rule of the jungle and if the people feel the West is on the same faulty steps and does not apply the rule of law, then the people will be very confused. Ireland is a unique position. It has the experience and the moral authority to lead at European level the way for rule of law at that part of the world in this precise conflict. This, including the encouragement of using the International Criminal Court, ICC, is needed badly.
Regarding the United Nation's efficiency there, of course, the Quartet, of which the United Nations is a party, is complicit in the siege. This is unique because what the United Nations should do is observe the rule of law and try to provide protection for the civilians under the occupation.
What is happening is that the United Nations is part of this siege according to the Quartet resolution. It is unprecedented in the history of the United Nations.
The problem of the handicapped in Gaza is serious and chronic. It is one of the problematic issues for many reasons. These people not only have traumas, they also have personal or family problems. This is a societal problem. We are talking about tens of thousands of handicaps as a result of these three wars in the past five years. Needless to say, besides the handicapped people problem, we have as well the psychological problem of the people. There is a deep level of anger and frustration and that has been reflected negatively on the community.