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

I propose to take Questions Nos. 7 and 12 together.

I have been closely monitoring developments in the case taken under the 1948 Convention on the Prevention and Punishment of Genocide, the genocide convention, by South Africa against Israel at the ICJ. I welcomed the court's January order in this case, particularly the direction that Israel take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance in Gaza. Ireland has been consistent in calling for this since the start of the conflict. Israel filed a report to the court on foot of the order on 26 February, but this has not been made public.

My officials continue to analyse the legal and policy aspects of this case. We are in contact with South Africa and other like-minded partners in that regard. As stated previously, however, the Government will not make a final decision on intervention until after South Africa, as the applicant state, files its written memorial. The reason for awaiting the filing of the applicant state's memorial is to enable third states to make informed decisions on whether to intervene, based on a complete as possible understanding of the matters in question before the court. This grants a state considering intervention the time to carry out a detailed and rigorous analysis of those matters in advance of intervention. In turn, this means that any intervention is more likely to be permitted or be deemed admissible by the court, depending on the legal basis of the intervention. It also means that interventions are more likely to be relevant, comprehensive and helpful to the court in its consideration of the legal issues before it.

Let me make it very clear that this is exactly what we did in the Ukraine v. Russia case, which was also taken under the genocide convention. Our intervention in that case was deemed admissible. No state has ever successfully intervened in an ICJ case before the applicant filed its memorial. Only one state, namely, Nicaragua, has requested permission to intervene in the South Africa v. Israel case to date. The court has not yet decided upon that request. It is important to note that when third states seek to intervene in ICJ cases, they do not join one side or another. Rather, they submit a statement that asserts their interpretation of the provision of the convention at issue, or they must identify a specific legal interest affected by the proceedings.

Beyond the case taken by South Africa under the genocide convention, Ireland has actively supported other efforts to promote respect for interactional law and accountability for violations of international humanitarian law across the occupied Palestinian territory. On 22 February, Ireland was represented by the Attorney General at public hearings relating to the request by the UN General Assembly for the ICJ to give an advisory opinion on the legal consequences arising from Israeli policies and practices in the occupied Palestinian territory. The Attorney General provided Ireland's legal analysis of the Israeli occupation of the West Bank, concluding that Israel has violated international law.

Separately, the International Criminal Court, ICC, is investigating potential war crimes and crimes against humanity committed in the occupied Palestinian territory since 2014, on foot of a referral made by Palestine in 2018. The ICC prosecutor has confirmed that this includes the events of October 7 and all actions since that date. It is vital that the ICC is given the support it needs to carry out its investigation effectively. The court has made it clear that it is facing severe financial constraints. Ireland has committed additional voluntary funding to the ICC of €3 million to assist its work across all situations, including in relation to Palestine. I met with ICC prosecutor Karim Khan at the Munich Security Conference and discussed the investigations under way by his office, including in respect of Palestine, Ukraine, Afghanistan, Myanmar and Sudan.

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