James Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 1:

To delete all the words after “That Dáil Éireann” and to replace with the following: "expresses its deep concern at the catastrophic humanitarian situation in Gaza, including the death of an estimated 11,000 people, including 5,000 children, over 100 United Nations (UN) workers and 39 journalists; and at the damage and destruction of hospitals, schools, UN Relief and Works Agency installations, bakeries, residential buildings and civilian infrastructure in Gaza, following Israel's military actions in Gaza;

demands immediate, rapid, unhindered and safe humanitarian access at scale, including the provision of food, clean water, fuel and medical supplies to more than two million people in Gaza;

expresses its deep concern at the displacement of over 1.5 million people in Gaza;

condemns the barbaric attack by Hamas on Israel on 7th October in which 1,400 people were killed and at least 243 people were kidnapped;

demands the immediate and unconditional release of all hostages;

notes:

— that 50 per cent of the population of Gaza are children and, according to the World Health Organisation, an average of 160 children are being killed every day in the territory;

— that UNICEF has stated that one million children in Gaza lack access to safe water;

— that 180 women are giving birth every day in Gaza, 15 per cent of whom will experience complications and need medical care that is currently unavailable;

— the comments of Médecins Sans Frontières that the healthcare system in Gaza has collapsed and children are enduring operations like amputations without anaesthetic; and

— that the situation in Palestine since June 2014 was referred to the Prosecutor by Palestine itself under Article 14 of the Rome Statute in 2018 and that the Prosecutor of the International Criminal Court (ICC) announced the opening of an investigation into the situation in Palestine (including Gaza, the West Bank and East Jerusalem) in March 2021;

further notes that:

— 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 that the Court may exercise its jurisdiction over any such crimes committed within Palestine as well as by Palestinian nationals outside it (including in Israel); and

— the Prosecutor of the ICC, Karim Khan, has reaffirmed that this investigation covers the current, ongoing conflict, including all events on and from 7th October this year;

expresses alarm that since 7th October:

— attacks by Israeli settlers in the West Bank against Palestinians, which were already at a record high this year, have significantly increased and that at least 178 Palestinians have been killed in the West Bank, including 45 children;

— at least 1,000 Palestinians have been displaced in the West Bank, including 424 children;

— more than 2,200 Palestinians in the West Bank have been detained, including 24 journalists; and

— the number of Palestinians held in administrative detention increased from 1,319 to 2,070 between 1st October and 1st November;

agrees 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 use of 'human shields', applies to all armed conflicts and is binding on all parties to conflict, state and non-state actors alike;

— all members of the international community have an obligation to respect and ensure respect for international humanitarian law, in all situations;

— all alleged breaches of international humanitarian law must be investigated, and perpetrators held to account; and

— a war crime is defined by the nature of the act, not the identity of the perpetrator; and

calls on the Government to:

— maintain diplomatic relations with the Israeli Ambassador;

— pursue all possible avenues at the European Union (EU) and the UN to build an international alliance for peace to provide a pathway away from violence and back to the negotiation table;

— intensify its advocacy for an immediate humanitarian ceasefire and the immediate and unconditional release of all hostages;

— provide strong leadership at EU level to advocate for a comprehensive response, based on the founding values of the EU of human dignity, freedom, democracy, equality, the rule of law and respect for human rights, which are embedded in the Treaty on the European Union;

— intensify its advocacy against all breaches of international law, including international humanitarian law;

— seek to ensure that differentiation clauses in the EU’s agreements with Israel are fully adhered 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; and

— continue Ireland's consistent and strong support for the ICC and uphold the independence and impartiality of the Court.".

I welcome the continued engagement of this House on this very important matter, which is deeply important to the Irish people. The motion was tabled by the Social Democrats. I will respond to the motion directly a little later. First, I would like to refer in broader terms to the devastating events that are taking place in Israel and the occupied Palestinian territory. In line with the motion adopted by this House on 17 October, let me at the outset reiterate our strong condemnation of the Hamas terror attack on 7 October.

Ireland continues to call for the unconditional release of all hostages. The tragic death of Kim Damti and the ordeal now faced by the family of Emily Hand, who is among the hostages taken to Gaza, has brought home to all of us here in Ireland the devastating impact of this attack. As Deputies know, the Tánaiste is visiting the region today. A key focus of his engagements will be the situation of Emily Hand, the situation of Irish citizens still in Gaza and the urgent need for an immediate humanitarian ceasefire. Our first group of Irish citizens and dependents have been cleared to exit through the Rafah crossing from Gaza into Egypt today. Staff from the Irish Embassy in Cairo will meet them there and provide assistance for onward travel. We expect additional Irish citizens and dependents in Gaza to be on the list in the coming days. We are working tirelessly to ensure that all those who wish to leave will be able to exit as soon as possible.

There is an unprecedented humanitarian catastrophe unfolding before our eyes in Gaza, involving a shockingly high number of civilian casualties. The Government has been consistent in its calls for an immediate humanitarian ceasefire and for a significant scaling up of humanitarian access and supplies to get vital aid to the citizens. As has been repeatedly made clear in this House, the Government strongly condemns any acts that violate international humanitarian law. All parties to a conflict 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 use of human shields, applies to all armed conflicts. We have called clearly on all actors to abide by their obligations in this regard.

Ireland has been playing a leading role on these issues within the European Union and internationally, including in the United Nations. In line with the position consistently taken by the Government over the past weeks, the EU emphasises that international humanitarian law stipulates that hospitals, medical supplies and civilians inside hospitals must be protected. The EU underlined that hospitals must be provided immediately with the most urgent medical supplies and patients that require urgent medical care need to be evacuated safely. The European Union has urged Israel to exercise maximum restraint to ensure the protection of civilians.

At the United Nations, Ireland was among the member states that voted in favour of the Jordanian resolution adopted by the General Assembly on 27 October. This resolution called for an “immediate, durable and sustained humanitarian truce leading to a cessation of hostilities” and was supported by a significant majority. While Ireland is disappointed that the United Nations Security Council has failed to act on the current situation, it is also clear that the international community can work together to send a strong message.

There is no doubt in anyone’s mind about the gravity of this situation. I recognise that the motion tabled by the Social Democrats is a clear demonstration of the concern felt by the Members of this House in view of this truly heartbreaking situation. Underlying all of our approaches, even if they differ, is a desire to see an end to suffering. Too many innocent lives have been lost. There is a humanitarian catastrophe unfolding in Gaza and there is a real risk of a regional spillover of the conflict. At the same time, I regret that the motion proposed by the Social Democrats seeks to push Ireland to the margins of international opinion and action in a manner that would undermine our influence. It underplays the value of international and multilateral engagement. Ireland must continue to work with our international partners in responding to this crisis. The Government has made its position clear regarding proposals to expel the Israeli ambassador. Cutting off diplomatic relations with a country means cutting off communication channels. Diplomacy is not always, or only, about friendly relations and nor is it an endorsement of the policies or actions of a given country. It is precisely at times of conflict and tension that diplomacy is most useful and needed. It is vital to maintain communication links.

This is equally true at a European Union level. The EU-Israel Association Council is an important forum for raising all matters of mutual interest. This includes areas where the European Union and Israel disagree. At the association council in October of last year, the European Union clearly restated that all agreements between the State of Israel and the European Union must unequivocally and explicitly indicate their inapplicability to the territory occupied by Israel in 1967. Ireland is consistently vocal in ensuring the application of this policy across all sectors of co-operation.

The Government has also set out its position on the Control of Economic Activity (Occupied Territories) Bill 2018 on numerous occasions. The Bill would be incompatible with European Union law and would not be implementable. Ireland’s firm commitment to international law underpins our resolute opposition to illegal Israeli settlements. However, to adopt an approach that runs contrary to legal advice would undermine Ireland’s clear and principled stance on this issue, as well as our broader promotion of compliance with international law at the UN and other international organisations.

The issue of the ICC was debated in considerable detail in this House yesterday evening. I do not wish to go over the ground covered again. However, the Government has made it clear that 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. The prosecutor, Mr. 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. Referring the situation in the occupied Palestinian territory to the ICC under Article 14 would serve no legal purpose. It could be viewed by some as attempting to politicise the court, to pressure the prosecutor into prioritising one investigation over another and to possibly undermine the independent and impartial nature of both the prosecutor and the court. This is an accepted principle with regard to any court, which must be allowed to carry out its works independently. This situation is fundamentally different to the situation in Ukraine, which Ireland did refer to the ICC prosecutor because in that case, Ukraine was not a party to the ICC statute and the prosecutor could not, therefore, begin an immediate investigation without a state party referral. The Government yesterday decided to make a voluntary contribution of €3 million to the ICC. This contribution is in response to the urgent needs of the court, which the court’s prosecutor has repeatedly emphasised, most recently in his statement when he visited the Rafah border crossing between Egypt and the Gaza Strip.

In view of these concerns, the Government is tabling a countermotion today, which sets out an approach that is firmly grounded in international law and in our commitment to diplomacy and effective multilateralism. The Government will pursue all possible avenues at the European Union and United Nations to build an international alliance for peace to provide a pathway away from violence and back to the negotiation table. The Government will continue to provide strong leadership at a European Union level to advocate for a comprehensive response and intensify its advocacy against all breaches of international law, including international humanitarian law. The Government will continue Ireland’s consistent and strong support for the ICC and to uphold the independence and impartiality of that court.

Let me underline that in the midst of these tragic events, the Government will not waver in its commitment to finding a just and lasting peace for Israelis and Palestinians, as distant a prospect as this may seem right now. Ireland’s focus is on seeking ways to change the reality on the ground and to protect and encourage a peace process that can deliver a two-state solution in line with agreed parameters. The two-state solution represents the only sustainable prospect that will enable Palestinians and Israelis to live in peace. The Government remains committed to redoubling its efforts towards achieving this goal.

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