Written answers

Tuesday, 12 March 2019

Department of Foreign Affairs and Trade

Middle East Issues

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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60. To ask the Minister for Foreign Affairs and Trade his views on the recently published UN report that indicated the actions by Israeli authorities in respect of protests in Gaza may amount to war crimes; and if he will make a statement on the matter. [11593/19]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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In response to the violent incidents in Gaza last summer, I called for an independent investigation of these tragic events. Ireland subsequently supported moves at the United Nations Human Rights Council to establish an independent Commission of Inquiry into the events. I therefore welcome the fact that the Commission has now published its Report.

The Commission has clearly carried out its task in a careful and professional manner, and I commend them for their work. It is regrettable that the Israeli authorities decided not to cooperate with the Commission in any way, including refusing allowing the Commission members to enter Gaza. All Governments should cooperate with relevant HRC processes.

Their Report makes for sombre and deeply disturbing reading. While there is clearly a dispute over the events in Gaza last summer, leading to some element of genuine uncertainty about some specific events, I believe the Commission Report provides a reasonably authoritative account and analysis of what happened. Over a prolonged period of some months of demonstrations near the border fence, Israeli army sharpshooters shot over 6,000 people, killing 183 of them. While the majority were shot in the legs, suggesting some attempt to use non-lethal force, many suffered life-changing injuries, including loss of limbs. Some persons were shot close to or at the border fence, but many were some hundreds of metres inside Gaza, and some were up to a kilometre from the fence. Victims included women, children, and identifiable medical workers and journalists.

The Report suggests that Israeli authorities had reason to be concerned at a possible mass incursion into Israel, and to prepare for it, but also that this did not occur. Only a small fraction of the demonstrators were engaged in any such action. Very many of those shot were demonstrably not posing any serious threat when they were shot.

The Report instances some cases of violence on the part of some demonstrators, mostly stone throwing and the floating of incendiary devices into Israel, where they started fires in crops and property.

The Report concludes that, in relation to the use of force by Israeli forces under various headings, in at least some cases there are grounds to consider that war crimes may have been committed, in that the use of lethal force was not justified under international law. This would be a question for a court to decide.

The Commission Report therefore confirms the view I expressed in the Dáil on behalf of the Government last summer. I noted that international law allows the use of potentially lethal force by security forces only as a last resort, and when faced with immediate and serious threat. I said it was clear that these limits had not been respected, and that the actions of some demonstrators in no way justified such a violent response. I summed up that "Israel is entitled to defend itself, but it is not entitled to do this." It is no satisfaction to me that the Commission Report now backs up that view.

The Report will now be considered by the UN Human Rights Council.

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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61. To ask the Minister for Foreign Affairs and Trade if his attention has been drawn to reports of Israeli authorities withholding Palestinian tax revenue, which would be considered a violation of the Oslo Accords; his views on such matters; if this matter has been raised at EU level; and if he will make a statement on the matter. [11594/19]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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On 17 February 2019, the Government of Israel decided unilaterally to withhold the equivalent of 123 million euro in Palestinian tax revenue transfers. This decision is a result of legislation adopted by the Knesset last year that instructs the Government to withhold money equivalent to what the Palestinian Authority pays to Palestinians convicted by Israeli courts of involvement in terrorism or other security-related offences, and to their families.

I also understand that the Palestinian leadership has in response decided to reject all clearance revenue in protest at the funding cut, which no doubt will have repercussions for the Palestinian people who depend on the PA to deliver basic services such as healthcare and access to education.

I am acutely concerned about the worsening financial situation of the PA. Thankfully the impact of its budget shortfall last year was somewhat mitigated by donor aid. This economic insecurity is expected to increase this year, and as we have seen in 2018, the same scale of financial aid by large donors is by no means guaranteed. The financial stability of the PA is inextricably linked to the security of both the Palestinians and the Israelis. I believe that the EU is right to urge the Palestinian Authority to review how it operates its system of payments. However, as I have said before in this House and elsewhere, unilateral moves, such as withholding a huge proportion of the revenue collected on the Palestinian Authority's behalf, seriously undermine the chances for a just and lasting peace.

These are very serious developments that put at risk the financial stability of the Palestinian Authority and ultimately the security of both Israelis and Palestinians alike. EU Heads of Mission in Ramallah, including the Irish representative to the Palestinian Authority, met with senior figures from the Palestinian Authority to discuss this decision.

I reiterate the EU’s call for Israel to honour its obligations under the Oslo Accords, with due regard to the Paris Economic Protocol, which administers the economic and financial relations between Israel and the PA.

I can assure the Deputy that these concerns about the repercussions of this move on the peace process will be raised with Israeli interlocutors.

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