Charlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

I move amendment No. 2:

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

"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 includes 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 planned 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; and

— 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 Private Members' motion tabled by the Social Democrats focuses on the proceedings initiated by South Africa under the Genocide Convention. This was the subject of extensive debate in this House yesterday and I would like to reiterate the Government’s position on the matter.

The Government is taking this case very seriously. Following the oral proceedings that took place on 11 and 12 January, I expect the court will make its decision on the provisional measures that South Africa has requested by the end of January or in early February. This decision will be analysed carefully by the Department of Foreign Affairs once it has been published and Ireland will continue to consult closely with its international partners, including South Africa.

As with all similar cases that have come before the court, we expect states to seek permission to intervene in the case only once the applicant - in this case, South Africa - has filed its memorial. This is what occurred in the other recent cases before the court regarding the Genocide Convention, those being Ukraine v.Russia and The Gambia v.Myanmar.

Following that, the Government will consider whether to seek the permission of the court to intervene and, if so, on what legal basis. As the Tánaiste has made clear, interventions by states are not just about joining one side or another. Rather, they aim to assert a legal interpretation of the issue at hand. Any decision we take on intervention will be based on detailed and rigorous legal analysis. As in the Ukraine v.Russia case, the expectation is that this will take some time. Our declaration of intervention in that case was made six months after the court made its provisional measures order and two months after Ukraine, as applicant, submitted its memorial.

We have all watched with horror as death and destruction have unfolded in Israel, the occupied Palestinian territory and beyond. The violence of recent months is just one of a number of factors threatening the entire civilian population of Gaza. Other factors such as food insecurity, water contamination and prolonged pauses in education will result in generational crises for many Palestinians. Since 7 October last year, more than 25,000 people have been reported killed as a result of Israel's military operation in Gaza. Only 16 out of Gaza's 36 hospitals are functional. Reports by The Wall Street Journalshow that by mid-December last year, over 70% of homes in Gaza had been destroyed. These figures paint a picture of utter devastation in the Gaza Strip. This unprecedented suffering of a civilian population simply cannot be allowed to continue.

Many of these tragic circumstances will continue to impact civilians for years to come. The UN Special Rapporteur on the Right to Food has said, "Currently every single person in Gaza is hungry". He has warned of the very real danger of growth stunting, which is an irreparable process of preventing full growth potential due to extreme malnourishment. Undernourished and stunted children are more likely to develop chronic health problems as adults and more likely to have lower educational achievement and reduced economic security. This is a grave concern for Gaza's young population, more than 1 million of whom are under the age of 18.

The situation I have set out was encapsulated by the UN Secretary General in his comment that "the wholesale destruction of Gaza and the number of civilian casualties caused by the Israeli army in such a short period are totally unprecedented during my mandate". Yesterday, the United Nations Security Council met in open session. Such debates are important opportunities for states that are not members of the council to directly contribute to its deliberations. Ireland was forthright and clear in its intervention. We reiterated our support for the UN Secretary General and, in particular, for UN agencies and staff working on the front line in Gaza. In line with the Tánaiste's engagement with the Israeli foreign minister on Monday, we also called out the sustained campaign of disinformation and delegitimisation directed towards UN organisations, particularly the United Nations Relief and Works Agency for Palestine Refugees in the Near East, UNRWA, as well as the International Committee of the Red Cross, ICRC. It is vital this campaign ceases and Israel instead moves to foster a more constructive relationship with those organisations.

We took the opportunity to recall our consistent condemnation of the attacks launched by Hamas on and since 7 October. The rape and murder of civilians, destruction of civilian property, taking of hostages, use of human shields and firing of indiscriminate rockets at urban centres are serious violations of international humanitarian law for which those involved must be held responsible. We have called and continue to call for all hostages to be released.

However, it is equally beholden upon us to recall that international law limits the use of force in self-defence to no more than is necessary and proportionate. This is a point we set out clearly to the UN Security Council in yesterday's debate. Ireland's view is these limits are being exceeded, as illustrated by the unacceptable death toll and the massive destruction of property, including homes, throughout Gaza, the displacement of up to 2 million people and the ensuing humanitarian catastrophe to which I referred. Furthermore, we recalled that international humanitarian law requires that in any armed conflict, military operations respect the principles of distinction, proportionality and precaution. Ireland is increasingly concerned that the use of heavy munitions with a wide blast area cannot be limited to military objectives located in heavily populated urban centres and is therefore indiscriminate. Their use in these circumstances unavoidably leads to the extensive destruction of nearby civilian property and loss of civilian life. The use of these munitions must stop.

The Government's position has been clear and consistent across all forums and in its bilateral engagement. We need an immediate humanitarian ceasefire. This is a message we conveyed at the United Nations yesterday. It remained central to the Tánaiste's approach at the meeting of the Foreign Affairs Council on Monday. At that meeting, Ireland was a strong voice for the application of international law in all conflicts and to all parties, state actors and non-state actors alike. Ireland has been working closely with like-minded countries in the EU to discuss next possible steps to address the crisis. The Government is determined to continue demanding EU-wide commitment to addressing this situation.

Close engagement and co-ordination with regional partners is also of central importance. It is very welcome that a number of foreign ministers from the region attended the Foreign Affairs Council last Monday, including the those of Israel, Saudi Arabia, Egypt, Jordan and Palestine, as well as the Secretary General of the League of Arab States. The Tánaiste also maintains frequent bilateral engagement with his counterparts in the region. Ireland's actions reflect our strong commitment to multilateralism. We voted in favour of both UN General Assembly resolutions calling for a humanitarian ceasefire last year.

The situation in the West Bank is also of deep concern. Approximately 358 Palestinian people have been killed there since the outbreak of the conflict in Gaza, including eight people killed in attacks by violent settlers. This marks the highest number of Palestinians killed in one year since the UN began keeping records in 2005. It is utterly unacceptable. The sharp rise in settler violence, displacement of Palestinian communities and maltreatment of Palestinian prisoners is worrying and dangerous. The protection of civilians must be the priority everywhere. Ireland has shown consistent leadership in raising this issue repeatedly. We have called on Israel to dismantle settlements, charge violent settlers and end the practice of administrative detention in the West Bank. At the Foreign Affairs Council this week, the Tánaiste reiterated Ireland's demand that we move at EU level to impose sanctions on extreme Israeli settlers. Discussions are already ongoing at a working level on proposals, based on strong evidence, that enjoy very broad support.

The devastating events of recent months in Israel and the occupied Palestinian territory have exposed the deep-rooted security challenges for both populations. The only way to address these challenges and restore a political horizon is to give full strength to a two-state solution. The Government will continue to assert Ireland's position in the international community as a key driver of diplomatic efforts to make the two-state solution a reality.

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