Dáil debates

Tuesday, 30 January 2024

International Court of Justice and Genocide in Gaza: Motion [Private Members]

 

9:20 pm

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent) | Oireachtas source

There are five pages of a speech here. Let me be positive first. I welcome that the Government will continue funding UNRWA. I am deeply concerned that other countries, including the US, have decided to suspend funding. Other than that, in this five-page speech, there is not a single reference to the findings of the ICJ. I find that truly incredible. It does not set out what the findings are and what we think of those findings - not a word. Instead it talks about how the ICJ is not a debating society, and how the Tánaiste will not be distracted by political posturing or one-upmanship.

The Tánaiste also said, "They may not be facts that fit neatly into a slogan to be shouted or a 90-second clip for TikTok". That is beneath the Tánaiste and is also an insult to Opposition Members who have repeatedly stood here, have done our best, have done our work along with our colleagues in the office to present what is happening in Israel, going through what has been said by the Government, the President in Israel, the Prime Minister and the various things.

I have read the judgment three times and to produce a speech like that is absolutely insulting. What does the judgment say? At the very least, the judgment sets out that the allegations of genocide are not without merit. The court found that South Africa's claim of a violation of rights under the genocide convention is plausible. To me that finding is shocking and extraordinary, and I agree with the commentators who have said that. No state, particularly Israel, should even get close to the point at which an allegation of genocide becomes plausible. It is a consequential step and the other striking aspect is the breadth of the court's majority on it. I can quote many commentators, many experts, but I choose to quote Professor Fionnuala Ní Aoláin:

This decision by the ICJ will be assessed by many on a particular “bottom line”, namely whether or not the word “ceasefire” has been used in the text of the judgment. That is the wrong test. Instead, the powerful and all-encompassing phase “take all measures within [its] power” leads to the conclusion that the State of Israel must in fact fundamentally reassess and revisit its conduct of hostilities in Gaza to ensure it is not found in breach of the Genocide Convention...

The Court’s emphasis on the totality of the provisions of the Genocide Convention, not just genocide but conspiracy to commit genocide; directing and public incitement to commit genocide; attempting to commit genocide; and complicity [and so on].

She refers to the overarching narrative from the court:

The Court clearly acknowledges the horror of October 7th, but the factual record marshalled to address the Parties is the ongoing horror of the situation in Gaza. The Court brings forcible displacement, death, the lack of access to food and water, and the situation of pregnant Palestinian women to the fore. It leans heavily into the statements of the U.N. Relief and Works Agency, the World Health Organization, and the words of the Under-Secretary General for Humanitarian Affairs and the Secretary General [and so on].

None of that is referred to whatsoever in this speech from the Tánaiste. What has happened since the court gave its judgment? Within 48 hours of the ruling, 373 more Palestinians were killed and 643 injured, bringing the total to 26,637 Palestinians with 60%, as I understand, being women or children. Surely that merited a comment on day 116 of Israel's war on Gaza.

UNRWA is the main organisation on the ground and Israel has suddenly come up with evidence as a result of which America and many other countries disgracefully and unacceptably have suspended their funding. UNRWA is the most important relief agency in Gaza. Let me say that Israel has been targeting UNRWA for many years, from Netanyahu down. A total of 152 UNRWA employees have been killed since the start of the current conflict. There has been an allegation by Israel in relation to 12 members. I do not know whether there is evidence for it, but there is a full investigation into that by the organisation. It is a tiny percentage of the overall 30,000 employed by UNRWA and suddenly the big powers - the big boys and the big women - can come together to suspend the vital funding for Gaza and Palestine and we do not see anything wrong with that.

Time prevents me from going any further but just let me quote Philippe Lazzarini the UNRWA Commissioner-General, "It is shocking to see a suspension of funds to the Agency in reaction to allegations against a small group of staff, especially given the immediate action that UNRWA took by terminating their contracts".

I am ashamed of what the Tánaiste has done here tonight. I am on record for praising him and the Taoiseach over their action in the past. Now they are simply playing games.

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