Catherine Connolly (Galway West, Independent)
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36. To ask the Minister for Foreign Affairs and Trade his plans for Ireland to support South Africa's case against Israel under the Genocide Convention at the International Court of Justice; and if he will make a statement on the matter. [3331/24]

Mark Ward (Dublin Mid West, Sinn Fein)
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45. To ask the Minister for Foreign Affairs and Trade why the Irish Government is not supporting the South African genocide case against Israel at the International Court of Justice for genocide; what crimes against humanity would need to be committed for the Irish Government to call this genocide; and if he will make a statement on the matter. [3388/24]

Pauline Tully (Cavan-Monaghan, Sinn Fein)
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63. To ask the Minister for Foreign Affairs and Trade his reason why, as a state party to the Genocide Convention with a responsibility to act to protect humanity, Ireland has not joined South Africa's genocide case against Israel; and if he will make a statement on the matter. [3333/24]

Thomas Gould (Cork North Central, Sinn Fein)
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73. To ask the Minister for Foreign Affairs and Trade whether he will reconsider his position on the ICJ case on Palestine and join with South Africa. [3380/24]

Brendan Howlin (Wexford, Labour)
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75. To ask the Minister for Foreign Affairs and Trade if he has had any contact with the government of South Africa to discuss that country's legal case against Israel in the International Court of Justice, concerning the carnage being inflicted of the people of Gaza; if he sees a role for Ireland in assisting or supporting this case; and if he will make a statement on the matter. [3127/24]

Gary Gannon (Dublin Central, Social Democrats)
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76. To ask the Minister for Foreign Affairs and Trade at what stage and in which conditions he would deem it appropriate to define Israel's killing of Palestinians as genocide. [3068/24]

Gary Gannon (Dublin Central, Social Democrats)
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79. To ask the Minister for Foreign Affairs and Trade to outline explicitly his reasons for not being in favour of backing South Africa's case accusing Israel of the genocide of Palestinians in the International Court of Justice. [3069/24]

Seán Haughey (Dublin Bay North, Fianna Fail)
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85. To ask the Minister for Foreign Affairs and Trade the position of Ireland in relation to the genocide case taken against Israel by South Africa in the International Court of Justice; and if he will make a statement on the matter. [2556/24]

Micheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 36, 45, 63, 73, 75, 76, 79 and 85 together.

I have been closely monitoring developments in the case taken under the 1948 Convention on the Prevention and Punishment of Genocide (‘Genocide Convention’) by South Africa against Israel in the International Court of Justice. The public hearings that took place on 11 and 12 January involved only the two parties to the proceedings, South Africa and Israel, and focused on the question of provisional measures. It is likely to take the Court some weeks to issue its ruling on this request. Any provisional measures ordered by the Court will be final and binding on the parties to which the orders are addressed.

The Court’s decision on provisional measures will be analysed carefully by the Government once it has been published and we will continue to consult closely with our international partners, including South Africa. Following this analysis and consultations, the Government will consider whether to seek permission to intervene and, if so, on what legal basis. This reflects the fact that the Statute of the Court provides a narrow legal basis on which third parties may be permitted to intervene in such cases and the need for careful and rigorous legal analysis of the relevant issues.

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, as occurred in the Ukraine v Russia and Gambia v Myanmar cases.

If states chose to do so in the case, they do not ‘join’ one side or another; rather, they submit a statement that asserts their interpretation of the provision of the Convention at issue, or they must identify a specific legal interest affected by the proceedings.

Ireland has participated in two advisory opinion cases before the International Court of Justice regarding the situation in the occupied Palestinian territory to date. In 2004, Ireland submitted a written statement on the ‘Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory’.

In 2022, the UN General Assembly requested that the Court give 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, and submitted a written statement to the Court last July. In this statement, Ireland provided its legal analysis of the occupation and of issues related to Israeli policies and practices in the occupied Palestinian territory. The oral proceedings in this case will take place in February. Ireland will participate. The Court will then give its opinion some months after the conclusion of the oral hearings.

The Government’s position on the current conflict remains that we need an immediate humanitarian ceasefire, the immediate and unconditional release of hostages, the end of Hamas’ rocket attacks on Israel, and rapid, full, safe and unhindered access for humanitarian aid to Gaza. These actions cannot wait for the Court’s decision on provisional measures; they need to happen now.

Bernard Durkan (Kildare North, Fine Gael)
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41. To ask the Minister for Foreign Affairs and Trade the extent to which he continues, unilaterally or through the aegis of the EU/UN, to influence the situation in the Middle East with particular reference to the setting up of a permanent peace process to which Israeli and Palestinians can refer their grievances on a regular basis; and if he will make a statement on the matter. [3224/24]

Richard Bruton (Dublin Bay North, Fine Gael)
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80. To ask the Minister for Foreign Affairs and Trade if he will provide an update on the work at EU and UN level which Ireland is undertaking in pursuit of peace and of a two-state solution in the Israel Palestine conflict. [2981/24]

Micheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 37, 41 and 80 together.

I have been engaging intensively with EU, regional and international partners since the beginning of this crisis in Israel and the occupied Palestinian territory. Ireland’s diplomatic efforts have focused on the urgent need for a sustainable humanitarian ceasefire and a significant scale-up of humanitarian access and supplies into the Gaza Strip.

On Monday, I attended the Foreign Affairs Council of the EU in Brussels, which the Israeli and Palestinian Foreign Ministers as well regional representatives also attended. I reiterated that the EU must be robust in underlining that international law applies in all conflicts, to all parties, state actors and non-state actors alike. At meetings of the EU Foreign Affairs Council since the Hamas' attack on 7 October, I have consistently emphasised that a purely military approach is unworkable and called on my EU counterparts to push for a humanitarian ceasefire. I stressed the need for the EU response to evolve as the situation changes.

I travelled to the region from 14 to 16 November to engage directly with my Egyptian, Israeli and Palestinian counterparts and urge an immediate humanitarian ceasefire. I also expressed my grave concern about the humanitarian situation on the ground. Keeping these channels of communication open is the most effective way to make our voice heard.

I have spoken with my Iranian counterpart and urged him in the strongest terms to bring his influence to bear in avoiding regional escalation and in insisting on the immediate and unconditional release of hostages. I have also engaged with the Lebanese Defence Minister as well as my Egyptian, Jordanian, Qatari, Saudi, Lebanese, Turkish and Emirati counterparts.

Ireland’s actions to demand a ceasefire have also reflected our strong commitment to multilateralism. Last November, I attended the Regional Forum of the Union for the Mediterranean, alongside EU and regional partners to convey Ireland’s position on the conflict. Ireland voted in favour of both United Nations General Assembly resolutions calling for a ceasefire, and participated in the United Nations Security Council open debate on 24 October.

It is important that our efforts to address the immediate crisis also contribute to a sustainable peace in the long term. I will continue to underline this point in my engagements with EU, regional and international partners and will advocate for a clear EU position, which emphasises the need for a sustainable humanitarian ceasefire.