Written answers

Thursday, 7 March 2024

Department of Foreign Affairs and Trade

International Bodies

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE)
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136. To ask the Minister for Foreign Affairs and Trade if he will support that an allegation made by a person (details supplied), the Attorney-General of the Irish State, in his presentation to the International Criminal Court in the Hague, is withdrawn or a statement of correction issued; and if he will make a statement on the matter. [11252/24]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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On 22 February, the Attorney General appeared before the International Court of Justice in the advisory opinion case on Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, to make an oral statement on behalf of Ireland to the Court. This built on the written statement that Ireland submitted to the Court last July. Ireland’s statements to the Court concluded that Israel has breached international law in a number of ways.

In the details supplied with this Parliamentary Question, the Deputy has asked whether I support the statement made by the Attorney, referring to the opening paragraph where the Attorney set out the context in which the International Court of Justice public hearings were held, as follows:

The backdrop to this hearing is a matter of profound concern to the Irish Government. The attacks launched by Hamas against Israel on 7 October were reprehensible and we have condemned them unequivocally. The rape and murder of civilians, destruction of civilian property, taking of hostages, use of human shields and firing of indiscriminate rockets at urban centres constitute serious violations of international humanitarian law for which those involved must be held accountable.

Specifically, the Deputy asks whether I support the reference in this paragraph to the rape of civilians during the attacks on 7 October by Hamas against Israel.

The Government stands fully behind the statement made by the Attorney at the International Court of Justice. Reports of sexual violence committed by Hamas on and since 7 October have caused widespread shock and revulsion. These and other reports were the subject of the inquiry of Pramila Patten, the UN Secretary-General’s Special Representative on Sexual Violence in Conflict, the findings of which were published on 4 March. The Special Representative concluded that there are ‘reasonable grounds to believe that conflict-related sexual violence took place, including rape and gang rape’ during the attack of 7 October. She also found that there is ‘clear and convincing information’ that some hostages have been subjected to ‘various forms of conflict-related sexual violence including rape and sexualized torture and sexualized cruel, inhuman and degrading treatment’, which may be ongoing.

The Government has been consistent in calling for accountability for all violations of international criminal law during the Israeli-Palestinian conflict. A just and lasting peace can only be ensured by a solution that respects the rights of all people.

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