Patrick Costello (Dublin South Central, Green Party)
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119. To ask the Minister for Foreign Affairs and Trade if, given the statement by the chief prosecutor of the International Criminal Court, outlining that the ICC has jurisdiction over possible war crimes carried out in the occupied Palestinian territory and Israel (details supplied), if he will push for the ICC to open an investigation into potential war crimes in the region; and if he will make a statement on the matter. [48052/23]

Micheál Martin (Cork South Central, Fianna Fail)
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In 2021, Pre-Trial Chamber I of the International Criminal Court (ICC) determined that the Court may exercise its jurisdiction over certain international crimes, including war crimes, committed in Palestine since June 2014, and that the scope of its territorial jurisdiction extends to Gaza and the West Bank, including East Jerusalem. Shortly afterwards, the then ICC Prosecutor, Fatou Bensouda, announced the opening of an investigation into alleged international crimes committed in the occupied Palestinian territory.

The current ICC Prosecutor, Karim Khan, visited the Rafah crossing in Egypt on 29 October where he confirmed that his office’s investigation is ongoing and has jurisdiction over alleged international crimes committed in the occupied Palestinian territory or by Palestinian nationals. This includes jurisdiction over current events in Gaza and the West Bank. In his statement at Rafah, Prosecutor Khan committed to scrutinising all information his office receives that is relevant or probative to alleged crimes in the occupied Palestinian territory or Israel.

Ireland is a strong supporter of the Court, and respects the independence and impartiality of the Office of the Prosecutor. We have been consistent in saying that all situations before the Court warrant adequate attention and resourcing, including the situation in the occupied Palestinian territory. Ireland made a voluntary contribution amounting to €3 million to the ICC last year, in addition to its assessed annual contribution, to help address the Court’s resource challenges.

Patrick Costello (Dublin South Central, Green Party)
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120. To ask the Minister for Foreign Affairs and Trade if he will engage with the International Court of Justice to provide Ireland's opinion on the legal consequences of Israel's occupation of the Palestinian territories in February 2024; what this opinion will entail; and if he will make a statement on the matter. [48053/23]

Micheál Martin (Cork South Central, Fianna Fail)
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On 30 December 2022, the UN General Assembly adopted resolution 77/247, which included a request to the International Court of Justice to render an advisory opinion on the legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem. Ireland voted in favour of this resolution, which was supported by 87 UN Member States.

The Court invited the UN and its Member States, as well as the observer State of Palestine, to submit information relevant to the questions asked by the General Assembly by 25 July 2023. In total, 57 statements, including a statement by Ireland, were submitted to the Court. The statement provided Ireland's legal analysis of the occupation and of issues related to Israeli policies and practices in the occupied Palestinian territory.

Under the rules of the Court, during the written proceedings phase, all written statements are treated as confidential documents. The Court will decide whether to publish the written statements submitted to it on or after the opening of the oral proceedings. These proceedings have been fixed by the Court to open on 19 February 2024 at the Peace Palace in The Hague and the question of Ireland’s participation in them is now under consideration.