Micheál Martin (Cork South Central, Fianna Fail)
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I want to begin by underlining my grave concern at the dire situation in Gaza. I am urgently calling for an immediate and sustainable humanitarian ceasefire; the unconditional release of all hostages; and full, safe and unhindered humanitarian access for the benefit of those in desperate need. The protection of civilians must be paramount and there must be accountability for civilian deaths.

I consistently advocate for the EU to more effectively use its leverage with Israel to positively influence the situation on the ground. I expressly raised the EU-Israel Association Agreement at the Foreign Affairs Council last December. However, a unanimous Council Decision would be required to suspend the Association Agreement and the reality is that this will not achieve consensus.

I understand and support calls for a more ambitious and consistent EU position. However, as the Deputy knows, there are differing positions among EU Member States. Notwithstanding this political reality, advocacy and leadership from Ireland does pay dividends. At the United Nations last December a clear majority of EU Member States voted in favour of an immediate humanitarian ceasefire. Only two voted against.

I strongly believe that the most credible and effective approach towards achieving a lasting settlement is for us to continue to work to influence the EU’s collective position in a realistic manner. The central pillars of the EU position remain important and valid, all the more so in view of the recent regrettable statements by Prime Minister Netanyahu and other members of this Israeli Government.

The EU’s unwavering commitment to the perspective of a Palestinian state on the basis of the two-State solution was made comprehensively clear to the Israeli Foreign Minister on Monday.

The EU’s clear position on the illegality of Israel’s settlement policy provides a robust basis for the consideration of EU sanctions against extreme Israeli settlers. Discussions are already ongoing at a working level on proposals, based on strong evidence, that enjoy very broad support. This is a clear area where EU leverage can be used effectively.

I will continue to advocate for policies and initiatives at EU level that are both ambitious and achievable.

Micheál Martin (Cork South Central, Fianna Fail)
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As I have made repeatedly clear in this House, the Government is taking this case very seriously.

Following the oral proceedings that took place on 11 and 12 January, the Court will deliver its order on the provisional measures in the South Africa case tomorrow, Friday 26 January.

This decision will be analysed carefully by my officials once it has been published and we will continue to consult closely with our international partners, including South Africa.

I last spoke to my South African counterpart, Foreign Minister Pandor, on 19 December. While Minister Pandor did not refer to South Africa’s intention to initiate proceedings under the Genocide Convention, she expressed her strong appreciation for our principled position in relation to the conflict in Gaza.

As with all other similar cases that have come before the Court, states normally seek permission to intervene in the case only once the applicant – in this case, South Africa – has filed its memorial. This is what occurred in the other recent cases before the Court regarding the Genocide Convention, Ukraine v Russia and The Gambia v Myanmar.

Following this, the Government will consider whether to seek the permission of the Court to intervene and, if so, on what legal basis.

As I have made clear, interventions by states are not about joining one side or another. Rather, they aim to assert a legal interpretation of the issue at hand.

Any decision we take on intervention will, therefore, be based on detailed and rigorous legal analysis. As in the Ukraine v Russia case, I expect this to take some time; our declaration of intervention in that case was made six months after the Court made its provisional measures order, and two months after Ukraine, as applicant, submitted its memorial.