Matt Carthy (Cavan-Monaghan, Sinn Fein) | 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 25,000 killed, thousands missing, almost two million people displaced, and massive destruction of housing and vital infrastructure, including hospitals and 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 warning of widespread death from preventable diseases;

reiterates its condemnation of the ongoing bombardment of Gaza by Israel;

further reiterates its calls for an immediate ceasefire, the immediate release of all hostages; and the urgent need for full, safe, and unhindered access for the delivery of humanitarian aid;

notes:

— the International Court of Justice (ICJ) proceedings instituted by South Africa under the Genocide Convention, and commends South Africa for its action in this regard: determining that it is valid to ask the ICJ to investigate whether there is a risk of genocide; and notes that other states have indicated their intention to participate in the case;

— that under Article I of the Genocide Convention the Contracting Parties are obliged to prevent genocide;

— that the Genocide Convention defines genocide as "any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group";

— that Ireland is a Contracting Party to the Genocide Convention; and

— that the ICJ has held that "a State's obligation to prevent [genocide], and the corresponding duty to act, arise at the instant that the State learns of, or should normally have learned of, the existence of a serious risk that genocide will be committed";

— that the ICJ on 26th January, 2024 recognised: — the right of Palestinians in Gaza to be protected from acts of genocide;

— that some rights claimed by South Africa are plausible; and

— that there is an urgency in that there is a real and imminent risk that irreparable prejudice will be caused to the rights found by the court to be plausible before it gives its final decision; and — that the ICJ on 26th January, 2024 issued a binding order for provisional measures in the case taken by South Africa against Israel under the Genocide Convention, ordering Israel to: — take all measures within its power to prevent the commission of acts within the scope of Article II of the Genocide Convention;

— take measures to prevent and punish direct incitement of genocide; and

— take immediate and effective measures to ensure the provision of urgently needed basic services and humanitarian assistance; and calls on the Government to:

— call on Israel to immediately implement fully the provisional measures order, and to support efforts in the UN to promote, and take all necessary bilateral actions to ensure, this immediate implementation;

— file a declaration of intention to intervene in this case with the ICJ;

— commence the process of preparing for participation in the case, including drafting comprehensive written observations to submit at the relevant phase(s); and

— support the ICJ in its exercise of jurisdiction in this case, in particular to defend the Court, and by association the international rule of law, from any attacks on its performance of this duty, through any appropriate means necessary.

The order for provisional measures from the International Court of Justice, ICJ, on Friday last was historic. It brought clarity to a number of important points on South Africa's claims against Israel under the genocide convention. Crucially, the court clarified that the Palestinian people of Gaza are entitled to be protected from acts of genocide under the convention. It clearly stated that some of the claims made by South Africa are plausible. The court found that there is an urgency and a real and imminent risk of breaches of the articles of the genocide convention. In effect, the ICJ has found that genocide may or may imminently be committed by Israel against the Palestinian people of Gaza. That is why the court outlined the enforceable provisional measures and the only way to fulfil the order of the court is through a full, immediate and permanent ceasefire. Israel has again refused to cease fire.

The Irish Government can no longer deny it is aware of an imminent threat of genocide being committed. In fact, no government can. Therefore Ireland has a clear, unambiguous and urgent legal obligation to identify all measures available to the State to deter the commission by Israel of the grave crime of genocide. I note and welcome that the Government's position on this issue has changed since South Africa first indicated it would take this case, having initially categorically ruled out joining. I note that the Tánaiste has confirmed that he has asked his officials to prepare legal advice for his consideration on an urgent basis. I welcome that but it is too slow. What is required is leadership. South Africa has shown leadership and Ireland can and must do the same. It is not true to say, as some have, that Ireland can only indicate its intention to intervene after South Africa has submitted its substantive case. In the ICJ order in Ukraine v.Russian Federation of June last year, the court observed that the articles "...do not restrict the right of intervention to a particular phase of proceedings or to a certain type of provision in a convention."

The Government can and should send a clear message to the world by adopting the Sinn Féin motion. The Government's amendment, again, seeks to long-finger the necessary action and is simply not good enough. The Government can and should file a declaration of intention to intervene in this case with the ICJ. It can immediately commence the process for participation in this case. That is what the Sinn Féin motion calls for. The Government amendment changes definitive actions to considerations and potentialities. It lacks the urgency humanity requires and it lacks the urgency Ireland's obligations under the genocide convention demand. Whenever proposals are brought before this Dáil that serve to hold Israel accountable for its decades of blatant international law or for the recent barbaric assault on Gaza, the Government's response is often to wait for others. Whether they be political, diplomatic, economic or trade measures, we are told the Government is trying to find partners. That would be fair enough if partners were willing to present themselves. Given last Friday's ICJ ruling and the judgment that there is a plausible risk of genocide, we cannot wait for others. Our obligation is to use every mechanism available to us to stop and prevent that genocide.

Look, for comparison, at the speedy and disgraceful response to Israel's allegations in respect of UNRWA by what Israel would consider to be its allies. Remember that UNRWA is the last lifeline to the Gazan people. Within minutes of Israel making those allegations, vital funding was suspended, which undoubtedly led to further hardship for the Palestinian people, something I thought impossible. Compare that with the response of those who claim to be friends of Palestinians, upholders of international laws and defenders of the UN Charter. More than 25,000 people have been killed and 2 million have been displaced. A humanitarian crisis of biblical proportions is unfolding before our eyes and the Government says it will strongly consider taking action. Last Friday the International Court of Justice put the world, and indeed Ireland, on notice. Today, Ireland must respond not with more consideration of doing things but with action that actually forces Israel to stop the slaughter.

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