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

It is not that it is so-called "unconstitutional"; it is unconstitutional. No one is arguing with that and those measures have to be amended.

I emphasise in particular that the ICJ advisory opinion did not somehow drop from the sky. Again, some in the Opposition have ignored this. The Government strongly supported the request by the General Assembly for this advisory opinion in December 2022. The Government contributed actively to the proceedings through its written submission in July 2023 and the oral submission made by the Attorney General to the court in February of this year. Ireland’s core objective in making submissions in this case was to encourage the court to clarify the rights of the Palestinian people in international law and the opinion of the court largely confirmed the Government’s own legal analysis. Far from using the issue as a domestic political football, the changed legal context that has given rise to further consideration of the occupied territories Bill has emerged from a process supported and shaped by the contributions of this Government.

As I have made clear on this issue repeatedly, the Government intends to file a declaration of intervention in the case initiated by South Africa against Israel under the Genocide Convention at the ICJ. The House will recall that it has always been the Government’s intention to file this declaration after South Africa has filed its memorial in the case. We understand that South Africa filed its memorial last week. Israel has until 28 July 2025 to file its counter-memorial. As the Government has made clear on previous occasions, the purpose of interventions by a state in cases such as these is to argue for its interpretation of the convention in question.

The Government’s decision to intervene in the South African case was based on detailed and rigorous legal analysis. We are serious about this legally and we have done it properly. I remember all the noise a year ago and being told that we were not doing this and not doing that. Everything I said back then when this issue was raised in the House has proven to be true.

Ireland is a strong supporter of the work of the court and is deeply committed to international law and accountability. We are also committed to supporting and promoting a strict interpretation of the Genocide Convention to ensure the highest level of protection possible for civilians caught up in situations of armed conflict, and to apply the highest standards of conduct on those engaged in conflict. At my direction, work is progressing on the preparation of Ireland’s declaration of intervention, with the intention that it will be filed before the end of this year. In formulating this declaration, Ireland will set out a robust basis for its intervention before the court. It will then be a matter for the court to rule on its admissibility. We want to test the Genocide Convention and broaden its interpretation to encompass what is happening in Gaza. That has been a very considered approach by the legal team in my Department.

Subject to the court’s ruling, Ireland will then make substantive submissions to the court on the proper interpretation of the Genocide Convention. This is precisely the same approach followed in our intervention in the case of Ukraine v. Russia. In that instance, provisional measures were ordered by the court in March 2022. Ukraine filed its memorial in July 2022. Ireland made its declaration of intervention in September 2022. In both cases, Ireland has made timely Interventions consistent with the ICJ’s rules. We have done so in a considered manner, having regard to the gravity of the facts at issue in each case and a detailed assessment of the applicable legal standards. This is not only to ensure the success of our arguments, but also to maintain Ireland’s well-earned reputation as a serious and respected voice in support of the international legal order.

The Government has been extremely concerned at the conduct of both parties to this conflict and has consistently stressed that both must respect international law, including international humanitarian law. Israel and Hamas must be held accountable for violations of international humanitarian law. All parties to armed conflict — states and non-states alike — have obligations under international law. Any actions contrary to these obligations are unacceptable and must be held to account.

There are a number of issues in the motion regarding dual-use licences. Ireland regulates the export of dual-use items fully in line with our international obligations, including the EU's dual-use regulation and the EU’s common position. We have set out the clear policies and procedures that pertain to overflights of sovereign airspace. There are procedures and a legal framework in place. We do not facilitate anything as has been suggested.

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