Professor Ray Murphy:

We have recently marked the 80th anniversary of the end of the Second World War and the founding of the UN. The lessons from both seem to have been wasted as the world becomes increasingly fragmented and unstable. In such circumstances, our military neutrality and non-alignment are more critical than ever. According to the 2015 White Paper on Defence, a feature of Ireland's policy response to security challenges is continued strong support for the multilateral system of collective security represented by the UN and of the primary role of the Security Council.

The 2015 Green Paper on Defence acknowledged that there is substantial public support for the triple lock and that, on balance, the advantages of retaining the mechanism can be seen as outweighing the disadvantages. It is submitted that if the triple lock is removed as now proposed, it would constitute a betrayal of the commitment made by the Irish Government to its citizens and change a policy that has been in place since 1960. It would also grant any Irish Government excessive authority in relation to international deployments of Irish forces.

According to the UN Capstone principles on peacekeeping, international legitimacy is one of the most important assets of a peacekeeping operation. This legitimacy is derived from the fact that it is established after obtaining a UN mandate. Although the practice of UN peacekeeping has evolved significantly over the past six decades, three basic principles have traditionally governed such operations: consent of the parties, impartiality, and the non-use of force, except in self-defence. Without the safeguard of UN legitimacy and oversight, Ireland has no means of ensuring these principles will be adhered to while part of an international force with no UN approval.

The Defence (Amendment) Act 1993 made provision for Irish participation in operations with peace enforcement powers – sometimes referred to as "robust peacekeeping" or "stabilisation" operations – permitting the use of force to impose a peace on parties to a conflict. This is something that only the Security Council can authorise under Chapter VII of the UN Charter. It is also important to note that regional arrangements and organisations, such as the EU, the African Union and NATO, are permitted under Chapter VIII of the UN Charter to engage in peacekeeping with host-state consent but can participate in peace enforcement operations only with Security Council authorisation.

The removal of the triple lock will effectively allow any Government to decide whether to deploy Irish forces to conflict zones around the world to participate in operations that do not have UN approval. This could range from peace enforcement to combat roles as part of a coalition of the willing, such as recently discussed in the context of the Ukraine–Russia conflict. Removing the requirement for UN approval gives a Government almost unfettered discretion when it already has a Dáil majority. What is now being proposed is not an amendment to the triple lock; it is its removal.

The most significant proposed change to the general legal framework can be found under head 6 of the general scheme of the proposed defence (amendment) Bill 2025. The proposed definition of an international force outlines the normal types of forces we are familiar with, but the final element is "any other regional arrangement or body that operates in a manner consistent with the United Nations Charter and international law". The parliamentary draftsperson was smart and did not list NATO as a potential organisation we would participate with, but "any other regional arrangement or body" comes within that definition and we have no real means of ensuring it abides by the UN Charter and international law. Who is to determine if a regional organisation or body operates in a manner consistent with the UN Charter, especially when there is no Security Council or General Assembly oversight? Furthermore, who will decide what the mandate will be for peacekeeping, conflict prevention or strengthening international security, all of which terms I am taking from the provisions in the proposed legislation? The terms in the proposed legislation are very broad and could cover almost any international military operation abroad.

Ireland has played a significant role as a member of the UN since 1955, especially when elected as a non-permanent member of the Security Council. Our success is attributable to our policy of military neutrality and perceived independence, especially on a range of issues that include disarmament, human rights, nuclear non-proliferation, and support for peoples seeking self-determination. Such policies have helped to create an identity that should be valued and strengthened.

We can make little difference in terms of a military contribution to the defence of Europe, but adopting an independent policy on issues such as Gaza and Ukraine may actually be more beneficial for resolving such conflicts. This may help to facilitate Ireland in playing a role as an honest broker when it comes to resolving international disputes. Our real strength lies in our soft power and this is what we should focus on and seek to protect.