Michael Collins (Cork South West, Independent) | Oireachtas source

Genocide is a uniquely horrific crime. The Holocaust saw the murder of 6 million Jews and was seen as so monstrous that the UN adopted the genocide convention promising never again to allow an attempt to wipe out a group of people or part of one simply because of their nationality, race, religion or ethnicity. That promise has been repeatedly broken, in Bosnia, Darfur and Rwanda to name but a few. Each new case brought before the International Court of Justice in The Hague ought to give the world a chance to make good on its word and help strength the taboo against genocide by clarifying the obligation of countries to prevent and punish it.

The ICJ is unlikely to offer a final ruling for years. Last week's ruling confirms only that South Africa has a "plausible" claim. This is a lower bar and such a provisional ruling would be widely seen as a finding that Israel was indeed guilty of genocide even if the court was to later rule that it was not. Israel would claim it is being treated unfairly and it would be right. Instead of restraining Israel in the war, such a provisional ruling might even embolden it to dismiss all international criticism. Israel would feel it was damned no matter what it does.

Those appalled by the suffering in Gaza may argue that genocide is the only charge that could be brought because the ICJ has no jurisdiction over other war crimes. However, the focus on an implausible crime diverts attention from the possibility that Israel is breaching the laws of war. These require Israel to distinguish between civilians and combatants and minimise civilian casualties by being proportionate in the use of force. The death toll of women and children raises grave doubts over whether Israel is meeting these obligations. It may also be failing to meet its duty under the Geneva Convention to provide medicine and food to civilians in the areas it occupies. As Gaza nears famine, its people do not need grand-standing, they need food. Israel's leaders need to realise that if they block supplies, they will be held accountable by the court of public opinion, which is the only court available.

I have been careful in my language on this issue for the past number of months. I have continuously called for a ceasefire from all sides. The reckless and immature politics inside this House, especially from Deputy Cairns and her party calling for the expulsion of the Israeli ambassador, is not the type of politics I would have anything to do with. This would have left the citizens of this country and the citizens of that country in grave danger and would land a neutral country like Ireland in the thick of this conflict.

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