Dáil debates

Wednesday, 4 May 2022

5:10 pm

Photo of Pa DalyPa Daly (Kerry, Sinn Fein) | Oireachtas source

This proposal to amend regulation 2018/1727 in regard to collection, preservation and analysis of evidence relating to genocide, crimes against humanity and war crimes will be supported by us. The EU agency for criminal justice co-operation, Eurojust, co-ordinates the investigations and prosecutions of serious cross-border crime in Europe and beyond. Among other things, it investigates genocide and war crimes. We know that the prosecutor of the international Criminal Court has announced an investigation into possible war crimes committed by Putin's regime. The national authorities are collecting evidence of these crimes that have been committed in Ukraine. However, evidence cannot be stored securely in Ukraine. Therefore, a backup service or storage space must be secured. This must be set up, and this proposal envisages the establishment of the automated data management and storage facility. It is important that complies with the highest standards of data protection and cybersecurity.

It goes without saying that the details of the Russian invasion of Ukraine have been shocking and deeply worrying. Putin's regime’s contempt for international law is clear in the existence of the invasion itself, but in addition to illegal occupation and annexation efforts it has conducted in the past, there is mounting evidence it is committing war crimes as well. A few sources have corroborated these suspicions. Human Rights Watch interviewed a number of civilians from occupied areas. It found evidence of summary executions and it is worth quoting it directly. It stated:

These include a case of repeated rape; two cases of summary execution, one of six men, the other of one man; and other cases of unlawful violence and threats against civilians between February 27 and March 14 [of this year]. Soldiers were also implicated in looting ... including food, clothing, and firewood. [They] are responsible for war crimes.

The UN also expressed concern. Secretary-General António Guterres visited a number of sites in Ukraine, calling it an "obscenity". The offices of the UN must be utilised as much as possible for ending the conflict and the Secretary-General’s call for the Russian Federation to co-operate should be heeded.

I note what the Minister of State said on being proud of Ireland's response to the EU-wide response to the humanitarian crisis. I, too, am proud of the Irish response and the pace at which Ireland has mobilised in response. However, we must put a similar effort in to support the institutions in order to seek, negotiate and secure a peaceful solution. Over the past number of weeks I note that has not been to the fore as much as it should be.

The International Criminal Court is the correct body, of course, to pursue the investigations and its investigators on the ground are facing numerous challenges. Accordingly, this motion should be supported because the difficult and dangerous task of documenting should be supported by the international community. Where European co-operation upholds international law and natural justice, of course, it should be supported. Now is not the time to go into such matters in great detail, but the scandal within Frontex, the EU border agency, where illegal pushbacks of refugees were found to have occurred, stands in contrast to the intention of this motion.

International law should be upheld in all its aspects and it is only as good as those charged with enforcing it, which are frequently the rich and the powerful states. Ireland is undoubtedly part of the wider western nations and we should reflect long and hard before sacrificing our military neutrality. A militarised Ireland will not retain credibility when seeking to enforce international law, and as imperfect as the international institutions are, they represent a path towards peace and the upholding of human rights. As I said, neutrality is not about isolationism but, rather, it is about active engagement in the global community and pursuit of global justice through peaceful means.

I welcome the recent poll where 75% of people support maintaining our neutrality. I met a man recently in west Cork who said that he would be first protesting if there was any change to that. Our neutrality needs to be defended, and all Deputies should state clearly where they stand on that issue - that they will fight to preserve and strengthen neutrality. We do not want to pay the extra billions per year that it would cost if we abandon that and join military alliances. Our status as a neutral state with no colonial baggage and independent foreign policy has stood us well and allowed us to play a valuable and honourable role in peacekeeping around the world.

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