Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

I move:

That Dáil Éireann: expresses its deepest concern at the continued deterioration of the situation in Gaza and the resulting catastrophic humanitarian disaster with over 24,000 dead, thousands missing, 1.9 million people displaced, and massive destruction of housing and vital infrastructure, including education facilities;

deeply deplores the major food insecurity on a massive scale, with United Nations (UN) agencies warning of imminent famine which will affect 400,000 people, the near collapse of the health system in large parts of Gaza with 65 per cent of hospitals now shut and the World Health Organisation (WHO) warning of widespread death from preventable diseases;

condemns the ongoing bombardment of Gaza;

highlights the urgent need for full, safe, and unhindered access for the delivery of humanitarian aid by UN agencies and Non-Governmental Organisations (NGOs);

demands the immediate and unconditional release of all hostages held by Hamas and other armed groups in Gaza, and the cessation of indiscriminate rocket fire from Gaza into Israel;

underlines its deep concern at the continued deterioration of the situation in the West Bank and East Jerusalem, particularly the violence against and displacement of Palestinian communities by some Israeli settlers;

condemns the recent Israeli announcements of further funding for illegal settlements, which are a breach of international law and undermines the two-state solution;

notes:

— the International Court of Justice (ICJ) proceedings instituted by South Africa under the Genocide Convention, and the hearings last week involving the parties to this case;

— the concerns expressed by a range of States and organisations regarding breaches of international law, including international humanitarian law in this fraught and catastrophic conflict;

— the two other cases and investigations ongoing in respect of Israel and Palestine, including the ICJ advisory opinion on the legal consequences arising from the policies and practices of Israel in the occupied Palestinian Territory, including East Jerusalem; and the ongoing investigation by the Prosecutor of the International Criminal Court (ICC) of the situation in Palestine, focused on potential war crimes and crimes against humanity since 2014, and including the events of 7th October and all actions since that date;

— that Ireland intervened before the ICJ in the case taken by Ukraine against Russia, in addition to participating in the two advisory opinion cases related to Israeli actions in Palestine, in 2004 and 2023; and

— that third-party State interventions in such cases only take place after the Court has made its order on preliminary measures and the associated filing of a memorial by the applicant and should be based on necessary legal and policy analysis;

welcomes:

— the Government's additional voluntary contribution of €3 million to the ICC, to adequately resource all situations before the Court, including Palestine; and

— the participation by Ireland at the level of the Attorney General in oral proceedings in the ICJ advisory opinion case in February in The Hague;

agrees that the overwhelming priority of the Government must be to advocate for an immediate stop to the death and destruction in Gaza and take relevant actions to this end; and

agrees to:

— insist on full, safe, and unhindered humanitarian access to Gaza and support the UN in their efforts to increase the flow of humanitarian goods into Gaza;

— support any decision of the ICJ on preliminary measures, which are final and binding on the parties concerned, and urge all parties to the Genocide Convention to also do so;

— strongly consider an intervention in the South Africa v Israel case at the ICJ, as a matter of urgency after the Court has made its order on preliminary measures and the filing by South Africa of its memorial in the case, which is the only appropriate process to do so and following the necessary legal and policy analysis;

— continue to underline the independence and impartiality of the ICC and to support its work; insist that all States, whether they are parties to the Rome Statute or not, cooperate with the ICC investigation into the situation in Palestine and Israel; and

— drive efforts at European Union level to institute a sanctions regime against violent settlers in the West Bank who are attacking and displacing Palestinian communities, differentiating between Israel itself and the illegal settlements that are illegal under international law.

The motion gives a comprehensive presentation of the Government's position on the shocking and horrifying war in Gaza, which is now more than 100 days old.As Members of this House will know, I have long and repeatedly called for an immediate humanitarian ceasefire. In December, an overwhelming majority of the international community, including a majority of European Union states, conveyed this same urgent message, which represented a significant shift of opinion from the beginning of the war. The United Nations Security Council has demanded that the parties to the conflict allow the immediate, safe and unhindered delivery of humanitarian assistance at scale directly to the Palestinian civilian population throughout the Gaza Strip, yet that is not happening at the volumes and urgency necessary.

The situation on the ground continues to deteriorate. More than 25,000 deaths have now been reported in the Gaza Strip. More than 100 Israeli hostages continue to be held by Hamas. The humanitarian situation is catastrophic. The degree of humanitarian assistance entering the strip remains completely inadequate. The entire population in Gaza is considered to be acutely food insecure, while one quarter of its population face catastrophic hunger and starvation.

Furthermore, at a time when the focus should be on de-escalation, we are witnessing heightened tensions in the region as a whole. The situation on the Blue Line between Israel and Lebanon, where Irish troops are serving in the UNIFIL mission, remains extremely tense. Attacks on shipping in the Red Sea by the Houthis in Yemen are not only putting the lives of the crews in danger but are having an increasingly serious impact on global trade, lives and livelihoods, because when an economy and trade are disrupted, the poorest and furthest behind suffer the most, especially in Africa and the Middle East.

A widening or escalation of this conflict would have devastating consequences for the region and the world. We repeatedly hear from leaders in the region that escalation is in nobody’s interests. We must not allow it to happen, and there needs to be a collective international focus to prevent an escalation of this war. I am particularly concerned about the situation in Lebanon, not least in the context of different voices that are emanating from Israel in that respect.

Yesterday, I attended a meeting of the Foreign Affairs Council in Brussels. This provided an opportunity to engage directly with our counterparts in the region, including the Israeli and Palestinian foreign ministers and the foreign ministers of Saudi Arabia, Jordan and Egypt, as well as the secretary general of the League of Arab States. Throughout all my interactions, I reiterated the need for an immediate humanitarian ceasefire. In particular, this was an opportunity to address this message directly to the new Israeli foreign minister. I recalled Ireland’s unequivocal condemnation of Hamas attacks. I made it clear, however, that while Israel has a right to address the threat from Hamas and defend itself, it must exercise this right in line with international law, including international humanitarian law and international human rights law. This means the response must comply with the principles of distinction, proportionality and precaution. The large-scale civilian casualties and the enormous destruction mean we cannot avoid the conclusion that these principles are being breached in Gaza and that some of Israel’s actions amount to war crimes and crimes against humanity.

It goes without saying the actions of Hamas in brutally attacking civilians on 7 October, taking hundreds of hostages, continuing to fire rockets indiscriminately at Israel and using civilian infrastructure for military purposes are also clear breaches of international humanitarian law.

In my discussion with minister Katz in Brussels yesterday, I underlined Ireland’s full support for the United Nations agencies, in particular those staff working on the ground in Gaza, who are carrying out their role at immense personal risk. I was clear that the sustained campaign of disinformation and delegitimisation that is being carried out by Israel, directed towards the United Nations and international organisations, particularly UNRWA, needs to stop. Israel should foster a constructive relationship with these organisations, which are doing heroic work in Gaza under impossible conditions.

We also received a very clear message at the Foreign Affairs Council meeting yesterday from the Palestinian foreign minister, Riyad al-Maliki, on the situation in the West Bank. As the House is aware, settler violence against, and displacement of, Palestinian communities were already serious concerns before the terrorist attacks of 7 October, and this was a focus of my visit to the region last September. The UN High Commissioner for Human Rights has reported that from January to October 2023, there had already been the highest levels of violence from Israeli security forces and Israeli settlers against Palestinians in the occupied West Bank, including East Jerusalem, since United Nations records began in 2005. The situation has further deteriorated since 7 October. In the period to 21 January, 358 Palestinians had been killed, including 91 children, in the West Bank, and at least 198 Palestinian households had been displaced.

This is absolutely unacceptable. Yesterday at the Foreign Affairs Council we were told in no uncertain terms that the West Bank is at boiling point and is at huge risk of implosion also.

We made clear yesterday Ireland’s demand that we move at EU level to impose sanctions on extreme Israeli settlers. Discussions are already ongoing at working level on proposals based on strong evidence that enjoy very broad support. There are only one or two countries that have reservations at this stage. The idea is to get a European Union sanctions regime against violent settlers in the West Bank, which would be a first and follows the US position on that.

Perspectives for long-term peace were also a focus of discussion yesterday, especially with our partners from the region. In view of the recent comments by Prime Minister Netanyahu, a strong message from the international community on the centrality of a Palestinian state to the long-term security of Israelis and Palestinians is more important than ever. This is a view that is held by the overwhelming majority of the international community. It was underlined by President Biden following his recent contact with Prime Minister Netanyahu. This can only be done through a sustained and serious commitment to a two-state solution. It may seem impossible at this juncture, but it is the only way forward. I spoke with Arab partners yesterday about their thinking about a comprehensive political plan for peace. I expect that an Arab peace plan could be finalised in the coming weeks. I emphasised Ireland’s full support for their work, centred on a viable Palestinian state and the right to peace and security for Palestinians and Israelis alike.

It is critical that the vast majority of EU states with like-minded views support a two-state solution and that our actions would complement the work of the Arab peace plan. That is why we have undertaken to keep in close contact with Jordan, Egypt and Saudi Arabia in particular. Their plan will be comprehensive and will take on board the security dimensions in the region, as well as the political and humanitarian aspects and will principally involve a Palestinian state. The broader picture is to ensure security for Palestinians and Israelis alike. We have to continue to work towards that peace track. Our actions and potential actions we might take have to be in that context and framework. We have to get as broad an international consensus as possible behind the creation of a Palestinian state. I believe the opportunity is there to harness a very significant critical mass of countries behind this particular initiative, not just within the European Union but globally.

The case taken by South Africa under the genocide convention has been a particular focus of Deputies in this House over recent days. Both Israel and Hamas must be held accountable for any and all violations of international humanitarian law, including potential war crimes and crimes against humanity. We have fully supported the investigation of this by the prosecutor of the International Criminal Court, which is vital to ensure accountability. That investigation at the ICC is under way. We have committed additional voluntary funding to the ICC of €3 million to assist in its work, including in relation to Palestine. The important point here is that the prosecutor is looking for resources. The case is active and he is prosecuting the case in respect of all actions from 7 October until now, and indeed going back to 2014 in relation to the occupied territories.

It is also worth pointing out that Ireland has participated in two advisory opinion cases related to the Israeli occupation of Palestine, one in 2004 and one that is currently ongoing. Ireland will participate in oral hearings on that case in The Hague next month. We were one of the few countries to submit a very strong, robust and substantial legal opinion and submission to that case. The Attorney General will give an oral presentation to the court in February on that case. I heard some commentary last week from some parties opposite that Ireland is cowardly and does not want to take this on. We are already before a court holding Israel to account. We are one of the few countries that are actually doing that. However, the issue is that we must be credible when we engage internationally and in the courts on these matters. I mean "credible" insofar as we are not doing it for political reasons. We are doing it for substantive reasons. We do it to win the case and to succeed before the courts in terms of the presentation of our case.

Again regarding the proceedings of the South African case, no country has joined that case, because they cannot do so right now. Not even Palestine has joined that case. Those are the facts. Despite the misinformation from last week, no country has joined the case. What has happened is that South Africa has sought preliminary findings from the International Court of Justice in respect of the genocide convention. The preliminary requests are ones we fully support and have supported: for example, the ending of the war, an immediate ceasefire and unimpeded, urgent access to humanitarian aid. We will await the outcome of those preliminary findings. That is the sensible thing to do because we take these proceedings very seriously. It is important that we do that. The preliminary hearings took place on 11 and 12 January. We believe the court will make its decision by the end of January or early February because the judge said they would accelerate their decision-making and do that perhaps more quickly than in earlier cases.

In our motion, we are saying we will strongly consider an intervention in the South Africa v. Israel case at the International Criminal Court. We will analyse the findings. We will also then have to get a substantive case because South Africa has not submitted a substantive case. It will then have to submit a memorial, which will be the substantive presentation to the court on the substantive issue of genocide. We would need to see that, or we can just do our own. I would like to see that. I presume South Africa will share that with us when it has completed it. Then, we will make a decision not just on whether to join, but on what basis we would join and what arguments we would make in the context of the convention itself. This is important. One has to have a strong legal basis to do this.

As I said before, interventions by states are not about joining on side or the other. They aim to assert a legal interpretation of the issue at hand. We would want to legally be able to say that the convention has been breached and give a substantive presentation on why we believe it has been breached. It is a legal process in front of a court that has a unique role in interpreting and upholding international law. The independence and objectivity of the court must be respected and I think that would be accepted across the House. The court is not a political forum. It is not a debating chamber. Any decision we take on intervention will be based on detailed and rigorous legal analysis.

It was thrown around that we just joined the Ukraine v. Russia case, but it took some time to join the Ukraine v. Russia case. Russia actually accused Ukraine of genocide initially. Russia used that claim of genocide against Ukraine as a basis for its invasion. Ukraine refuted that claim of genocide by Russia. We declared our intervention in that case six months after the provisional order and after ongoing consultations with Ukraine. That is the truth of that situation. I am not saying it will take that long in this case, but that is what happened factually with the Ukraine case.

Internationally and globally, nobody questions Ireland's bona fides in respect of this issue or the leadership we have shown from the very beginning of this to assert the Palestinian right to its own state and to call for an immediate ceasefire and, above all, unimpeded access to goods. Yesterday, while people were talking about peace plans, etc., just before the Arab leaders left they asked us to get more trucks. They said we need more trucks to get in tomorrow and we need more aid to get in. That is the immediate priority they are calling for.

I am very conscious of the significant public interest and concern on Gaza. I know that the very visible expressions of solidarity that have taken place across the country over recent weeks and months are heard and valued by the Palestinian people. However, I regret that the rhetoric of a small number of individuals has been unacceptable. Calling for the "total dismantlement" of Israel, as some in this House have done, is not acceptable. I read the statement by People Before Profit-Solidarity last week, which essentially or by implication condoned the Hamas attack of 7 October-----

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