Matt Carthy (Cavan-Monaghan, Sinn Fein)
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49. To ask the Minister for Foreign Affairs and Trade the timeframe in which he intends to submit a declaration to intervene in the case of South Africa v. Israel taken under the Genocide Convention at the International Court of Justice, ICJ. [21105/24]

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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What is the timeframe in which the Government intends to submit a declaration to intervene in the case of South Africa v. Israel taken under the Genocide Convention at the International Court of Justice? In his remarks will he also confirm to the House that Ireland, along with other states, intends to recognise the state of Palestine on 21 May, as reported?

Micheál Martin (Cork South Central, Fianna Fail)
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I think the latter issue will come up in a later question. I will respond on the question as tabled. As Deputies will recall, South Africa initiated its case against Israel under the Genocide Convention at the International Court of Justice by filing an application with the court on 29 December 2023. South Africa also sought a number of provisional measures pending the outcome of the case. A contentious case before the ICJ proceeds by way of an exchange of written pleadings, beginning with the filing of a detailed memorial by the applicant state, before oral hearings can take place. On 5 April, the court made an order setting time limits for the filing of written pleadings by the parties in this case. It fixed 28 October 2024 for South Africa to file its memorial and 28 July 2025 for Israel to file its counter-memorial. As I have made clear in response to a number of questions on this issue, Ireland intends to file a declaration of intervention in this case under Article 63 of the statute of the court after South Africa has filed its memorial. That is absolutely in line with what happened in respect of Ukraine. We expect that a month or two after the South African memorial is submitted that we will file our intervention.

On the conflict in Gaza more broadly, the current situation in Rafah is extremely concerning. One and a half million people are currently sheltering there. Most are already displaced from elsewhere in Gaza and in desperate conditions. I visited the Rafah crossing in late April and saw the terrible circumstances there myself. The international community has repeatedly made it very clear that an Israeli military operation in Rafah will inevitably lead to disastrous humanitarian consequences and the deaths of large numbers of innocent civilians. This operation must stop. Protection of civilians is an obligation under international humanitarian law and these people have nowhere safe to go. Further Israeli military strikes will take a catastrophic humanitarian toll.

Ireland was one of the first countries to call for an immediate humanitarian ceasefire and I renew that call today. We need the violence to stop, a massive scale-up of humanitarian aid and the unconditional release of all hostages. Israel has clear obligations under international law and these must be fulfilled. Israel must facilitate full, safe and unimpeded access of humanitarian aid to the civilian population of Gaza.

I also condemn the Hamas attack on the Kerem Shalom crossing over the weekend, which resulted in the death of four Israeli soldiers. This has resulted in the closure of the Kerem Shalom crossing, which is vital for the delivery of humanitarian aid into Gaza.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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I am sure the Tánaiste agrees that it is impossible to imagine what parents, children, men and women in Rafah are going through right now, considering all they have come through in the past seven months. In many instances, they have been moved up to six times already and are living in a situation that can only be described as depraved, and now they have the anxiety of wondering when the next barrage will come. I set that out because, while I am sure they are not listening to Oireachtas debates or debates in multilateral forums, if they could hear the timeframes being set out, they would wonder what the world is doing. Everything is sometime in the future. There is nothing in the ICJ's rules that prevents Ireland from intervening now and setting out a clear case that it is our belief that Israel is in breach of the Genocide Convention. It is in gross violation of international law. I implore the Tánaiste to do so.

Micheál Martin (Cork South Central, Fianna Fail)
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We should endeavour to be fair, straight and honest with people. I have never deviated. I have been consistent from the outset about how the ICJ operates. We have been consistent with how we responded to the Ukrainian situation. Sinn Féin's motion talked about Ireland indicating a willingness to file. I made it clear that first South Africa needs to file its memorial, and that takes time. Everything to do with international courts takes time. I would argue that people in the House gave a wrong and false impression that this could all be done in 24 days, that we could join the case and so on. That was not being straight with people, however. There was political work afoot in that. I have an obligation to be honest with people and explain how the ICJ works. It is important that we are credible in how we file interventions.

South Africa will file a substantive case and it asked for this length of time. We need to see the substantive case submitted by South Africa and then make sure our intervention is at least informed by the South African substantive case. We have also been working on how one would file. It has to be done under Article 63 or Article 61. Our legal advice is that we would not get a hearing under Article 61. The issue of broadening the parameters and definitions around which the court can make its decision is a significant move by us. We are preparing the ground for that. There is no reluctance or slowness on our part.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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It is welcome that the Government has made this commitment. The point is, in some ways, down to the timeframe. It is also down to the substance of the intervention, when Ireland makes it. We want it to be as strong as possible. The ICJ has made it clear in previous rulings that there is no specific timeframe in which a state can intervene. In other words, a state can intervene at any stage.

Micheál Martin (Cork South Central, Fianna Fail)
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Sorry?

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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Legally, there is no need in this instance, for example, to wait until the substantive submission by South Africa is filed.

Micheál Martin (Cork South Central, Fianna Fail)
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There is.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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That is a matter of fact and ruling by the ICJ.

I again welcome that Ireland, along with other states, has indicated it plans to recognise the state of Palestine on 21 May. I welcome that although I contend it is far beyond the time it should have happened. It would be useful if the Minister would confirm that is the case.

Micheál Martin (Cork South Central, Fianna Fail)
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Confirm which?

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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The recognition on 21 May. We also must recognise that a Palestinian state today is unviable precisely because Israel has made it unviable. A further incursion and invasion into Rafah will make not only a Palestinian state but any prospect of a lasting peace settlement virtually impossible to contemplate. Does the Minister agree there is a need for the international community and states such as Ireland to take meaningful action to ensure Israel pays a political price for what it is currently doing?

Micheál Martin (Cork South Central, Fianna Fail)
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First, in terms of the declaration of intervention, we would be making it under Article 63. States do not join one side or another in filing an intervention in the case. Rather, they submit a statement that sets out their interpretation of one or more provisions of whatever convention is at issue before the court. This declaration of intervention must then be deemed admissible by the court in order for the intervention to proceed. Waiting until South Africa has filed its memorial will ensure we have a good understanding of what provisions of the Genocide Convention South Africa intends to rely on which we can then, in turn, address. This will make it more likely that the court will deem Ireland's intervention admissible. Arguing in respect of the commission of genocide would not be our role. Rather, we would be explaining to the court how we consider the Genocide Convention should be applied in this case. We are breaching new ground here in terms of broadening the definition upon which genocide can be judged by the court. The threshold was set very high originally by many of the contracting parties, some of which had been involved in wars and wanted the threshold to be deliberately high. We have watched the humanitarian catastrophe in Gaza and the prevention and impeding of aid going in and so on and we believe there are grounds now for making a submission on that basis. We are doing this in a very informed way.

On the question of recognition, I made it clear in the House that we are working with like-minded European countries and have been doing so for quite some time. The Deputy is familiar with me articulating that position in the House. We have worked with Spain, in particular, and with others. We have worked with Spain regarding a specific date. Other countries have yet to indicate whether will do it in a co-ordinated manner. There are some talks still under way in that respect. Certainly, we have made it clear in the House that this is something that will happen in a relatively short timeframe.

In the context of the Arab peace initiative, I have met representatives of the Arab contact group. We are familiar with what is in that initiative and we believe this is an important moment in terms of sending a signal to the Palestinian Authority and the Palestinian population more generally that we recognise a Palestinian state and that we recognise its right to self-determination. The Government will revert to the Dáil in due course in respect of a specific decision on that.