Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

I move amendment No. 1:

To delete all words after "Dáil Éireann" and substitute the following:

"strongly condemns the attack by Hamas on the people of Israel on 7th October and deplores the escalation of violence in Israel and the Occupied Palestinian Territory since then, particularly the killing of innocent men, women and children, the taking of hostages, the destruction of civilian infrastructure and the mass displacement of civilians;

notes that:

— the International Criminal Court (ICC) is the cornerstone of the system of international criminal justice and not only promotes and upholds the rule of law but also pursues accountability for the most serious international crimes;

— Ireland has been a consistent and strong supporter of the Court, and its independence and impartiality, since its inception in 2002; and Ireland commits to make a further financial contribution to the court, specifically in the context of its investigation into the situation in Palestine and Gaza;

— the independence and impartiality of the Court is a crucial element of its mandate, as set out in the Rome Statute; and

— international humanitarian law, including the prohibition on the targeting of civilians, the principles of distinction, precaution and proportionality, the prohibition on collective punishment, and the prohibition on the taking of hostages and use of 'human shields', applies to all armed conflicts and is binding on all parties to conflict, state and non-state actors alike;

further notes that:

— the Prosecutor of the ICC, Karim Khan, announced the opening of an investigation into the situation in Palestine (including Gaza, the West Bank and East Jerusalem) in March 2021; the investigation covers all crimes within the jurisdiction of the Court, including war crimes and crimes against humanity, alleged to have been committed since 2014; and the Court may exercise its jurisdiction over any such crimes committed within Palestine as well as by Palestinian nationals outside it (including in Israel);

— the Prosecutor has reaffirmed that this investigation covers the current, ongoing conflict, including all events on and from 7th October this year and he has called 'upon state parties to the ICC and non-state parties to help collectively vindicate the Geneva Conventions, to help collectively vindicate principles of customary international law and also principles of the Rome Statute, to share evidence regarding any allegations or any crimes so that we can properly investigate them and prosecute them as appropriate'; and

— the Prosecutor has also stated that 'my primary, and indeed my only objective, must be to achieve justice for the victims and to uphold my own solemn declaration under the Rome Statute as an independent prosecutor, impartially looking at the evidence and vindicating the rights of victims whether they are in Israel or Palestine'; and

calls:

— for an immediate humanitarian ceasefire, for the immediate and unconditional release of all hostages, and for the unconditional adherence by all parties to their obligations under international law, including international humanitarian law;

— on all state parties to the Rome Statute to provide political and financial support to the Court, to ensure that the ICC has sufficient resources to deliver its mandate, particularly in relation to Gaza and Palestine;

— on all states, including those not party to the Rome Statute, to cooperate with the Court, including cooperation with requests for assistance by the Court in respect of its investigations in Gaza and Palestine; and

— on the Government to ensure that justice and accountability apply equally to all people, in all situations, and reiterates that all victims deserve their rights to be vindicated equally.".

I thank the Leas-Cheann Comhairle and Deputies for their attention. I welcome the opportunity to address the House on the tragic and shocking events we have witnessed over the last few weeks in Israel and in the occupied Palestinian territory. The situation in Gaza has escalated to a horrifying degree and we have also seen a very worrying surge in violence in the West Bank.

We cannot ignore the humanitarian catastrophe unfolding before our eyes in Gaza. The reports that have emerged of the situation on the ground are truly shocking and efforts to preserve civilian life must be redoubled.

From the start of this recent serious escalation in violence, Ireland has been to the forefront of the international calls for a humanitarian ceasefire. The Tánaiste has highlighted the importance of reflecting Ireland’s longstanding belief that the path to peace and security for all the people of Israel and Palestine lies in dialogue and a peace process. As the violence has escalated, the Taoiseach and Tánaiste have called repeatedly for an immediate and urgent humanitarian ceasefire.

We have also been clear in insisting that all parties, state and non-state alike, have obligations under international humanitarian law that are binding. Israel has the right to self-defence but it must - absolutely must - be exercised in line with international humanitarian law. Hamas must immediately release without preconditions all hostages being held in Gaza. International humanitarian law is not optional; it is obligatory.

We have called for an urgent scaling up of humanitarian assistance to Gaza. We voted in favour of the UN General Assembly resolution and for the recent Arab resolution at UNESCO. Within the EU, we have advocated very strongly for agreement by the European Council to call for a humanitarian pause to allow aid to reach those so desperately in need. We are clear though, that this is not enough. We will continue to lead calls and advocate with like-minded EU member states for stronger and clearer common policies, reflecting the EU’s fundamental values, including our commitment to peace.

Beyond our calls for a ceasefire and for humanitarian access, we have also strongly condemned any acts which violate international humanitarian law. Parties to a conflict — all parties to all conflicts — must comply with international humanitarian law. The Government has clearly underlined that international humanitarian law, including the prohibition on the targeting of civilians; the principles of distinction, precaution, and proportionality; the prohibition on collective punishment; and the prohibition on the taking of hostages and their use as human shields, apply in all armed conflicts. We have called clearly on all actors to abide by their obligations in this regard.

It is clear to me and to all of us here tonight that we have not always seen this being applied over these last two months. It is therefore vital that any and all breaches of international humanitarian law in relation to the situation are currently investigated by an impartial and independent body. We must see objective and unbiased investigations take place. There is no substitute for this.

We also must see full accountability for any and all breaches of international humanitarian law. International humanitarian law exists for a reason. Its overarching aim is to protect civilians. That means all civilians in an armed conflict, no matter where that is.

As the Red Cross movement, the guardians of international humanitarian law, have said, in the law of armed conflict there is no hierarchy in pain or suffering. The Israeli and the Palestinian have equal rights to live in peace and security. We all must state this unambiguously. The rules of war exist to help preserve humanity in its darkest moments and they desperately need to be followed today. They are, and should remain, our compass to ensure that we put humanity first. The rules are very clear and they apply to all sides in conflicts everywhere, state and non-state actors alike.

The International Criminal Court is at the very heart of the international justice system. The court has a key role in promoting and upholding the rule of law and pursuing accountability for the most serious international crimes, including serious violations of international humanitarian law.

The Government today decided to make a voluntary contribution of €3 million to the International Criminal Court. This contribution is in response to the urgent needs of the court, which the court’s prosecutor has already repeatedly emphasised, most recently in his statement when he visited the Rafah border crossing between Egypt and the Gaza strip.

Ireland is a consistent and strong supporter of the court and of its independence and impartiality. Last year, we also announced an additional €3 million voluntary contribution on top of our annual contribution to the court, in order to meet its urgent funding needs, which were exacerbated by the situation in Ukraine. Some €1 million was disbursed to the Office of the Prosecutor of the International Criminal Court to benefit the prosecutor’s work in all countries. The remaining €2 million has been disbursed to various other trust funds in the ICC that facilitate key tasks of the court, including €1.4 million to the trust fund for victims.

Karim Khan, prosecutor of the ICC, has confirmed unambiguously that the ICC has jurisdiction over the current situation we see unfolding. Deputies will have seen the Tánaiste’s statement over the weekend in which he outlined the current status of the ICC investigation. Palestine itself, as a state party to the ICC, referred the situation in the occupied Palestinian territory to the prosecutor under Article 14 of the Rome Statute. In March 2021, the prosecutor announced the opening of an investigation into the situation in Palestine, including Gaza, the West Bank and East Jerusalem. The investigation covers all crimes within the jurisdiction of the court, including war crimes and crimes against humanity alleged to have been committed since 2014. This gives the court jurisdiction over any crimes committed within Palestine, or by Palestinian nationals outside of it, including in Israel. Let me reiterate that the prosecutor, Karim Khan, has made absolutely clear on a number of occasions over the last month that this investigation covers the current conflict, including all events on and from 7 October this year. That sentence bears repeating. The prosecutor Karim Khan has made absolutely clear on a number of occasions over the last month that this investigation covers the current conflict, including all events on and from 7 October this year. As I said, he has confirmed unambiguously that an active investigation is currently ongoing. As such, I am surprised at the text of the motion proposed. The proposal that Ireland should take the step of referring the situation to the ICC prosecutor under Article 14, if followed, would simply repeat an action that has already been taken. It would not progress the ongoing investigation any further. It is not clear to me what the intention of this motion is, which demands that Ireland refer a situation to the court which has already been referred and that it investigate something which the prosecutor has confirmed he is already investigating. Let us be clear. Referring the situation in the occupied Palestinian territory to the ICC under Article 14 would serve no legal purpose, in our view. Indeed, it could also be viewed by some as an attempt to politicise the court-----

See this speech in context