Clare Daly (Dublin North, Socialist Party)
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35. To ask the Tánaiste and Minister for Foreign Affairs and Trade further to Parliamentary Question No. 369 of 10 December 2013 the reason sovereign immunity is being applied to US military aircraft and personnel passing through Shannon when international law clearly states that sovereign immunity does not apply to military aircraft involved in a war of aggression, where Ireland has an obligation under The Hague Convention V on neutrality and customary international law on neutrality not to allow US troops or materials transiting through Irish territory and in view of recent International Court of Justice and the International Criminal Court cases establishing that sovereign immunity can only be used as a defence to prosecution for local or domestic crimes or civil liability and not a defence to an international crime. [55517/13]

Eamon Gilmore (Dún Laoghaire, Labour)
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Ireland is not a party to the Hague Convention (V) respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land.

As I outlined in a response to the Deputy in this House on 19 November 2013, sovereign immunity applies automatically as a matter of law, including in respect to foreign State or military aircraft. In my response, I also set out the legal rules governing the entry of foreign State aircraft into Irish territory, along with the policy conditionswhich must be met before permission to land in or overfly the State is granted.

In line with Ireland’s policy of neutrality, these stipulationsrequire that aircraft are unarmed, are not carrying arms, ammunition or explosives, are not engaged in intelligence gathering and are not taking part in military exercises or operations.

As I stated on that occasion, respect for the principle of sovereign immunity does not interfere with obligations arising from the international treaties to which the State is a party.