Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I will address Deputy Gannon’s point. It is true that international law is not working at present. If it was working, we would see the organs of the international community responding to the slaughter going on in Gaza, but that points to failings within the international system.

Deputy Carthy referred to what Ireland has or has not done for the Palestinian people. My own view is that Ireland has been to the forefront in seeking to speak up for the Palestinian people, certainly in terms of the European Union. There has not been a European Union country more outspoken in seeking to stop the slaughter in Gaza. One may state that is just words but there is a limit to the things we can do other than responding politically. We are not a big military force. When we look at this what is astonishing is the silence of the Arab countries, which do not seem to speak out about it in the same way as countries such as Ireland.

I wish to address the substance of the legislation as this is legislation that is going to cover all types of situations that arise in respect of terrorist activity. We cannot only focus on it on the basis of what is happening contemporaneously. It is important I remind Deputy Carthy that in Irish law, aiding and abetting genocide or war crimes or crimes against humanity is a criminal offence. The Deputy pointed to the exemption in the directive which states that the armed forces or police forces of a state or state actor, where they are governed by international law, are exempt. However, implicit in that is that when they are not governed by international law they are not exempt. The Deputy referred to waiting for the ICC and the ICJ to determine whether war crimes or genocide or crimes against humanity have occurred but if these amendments are accepted, some court still has to determine whether crimes against humanity or genocide or war crimes were committed. At present, if that matter goes before the ICJ and the ICC and there is a determination, the IDF will not be covered by the exemption because it will not be operating while governed by international law. It will be acting outside international law.

The Deputy asked how many individuals have been charged under the 2006 Act, which is the International Criminal Court Act. I do not know but I will check. I suspect, from my recollection, that there have not been any prosecutions in respect of it but that does not mean that that is not worthwhile legislation. It shows that Ireland has transposed into its domestic law important international laws to ensure that war crimes, genocide and crimes against humanity are domestic offences in Ireland.

Deputy Kelly asked will I work with the committee. Of course I will work with the committee. I respect what the Deputy is saying and agree with a lot of what he is saying but there are certain mechanisms to advance what has been said here. I do not believe this terrorist offences Bill is the mechanism to do that. The offences that we find reprehensible are criminal offences. Anyone acting outside international law is not protected. So rather than distorting the parameters of this directive by trying to shoehorn into it a size 13 foot into something that is much smaller, I do not think this is the appropriate mechanism to deal with it and for that reason I cannot accept the amendments.