Written answers

Thursday, 7 November 2024

Department of Foreign Affairs and Trade

Middle East

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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3. To ask the Minister for Foreign Affairs and Trade with reference to his account to Dáil Éireann on 10 October 2024 concerning reports of illegal transportation of weapons through Irish airspace and his confirmation that the Department of Transport is carrying out an examination to determine whether there may have been a breach of the applicable law, if he agrees that the current situation is extremely urgent in view of sustained Israeli bombing of the civilian population in Gaza, resulting in over 42,000 Palestinians killed and expansion of Israeli aggression against the population of neighbouring Lebanon with a resultant death-toll approaching 3,000; if he is aware of the recent statement the U.N. Human Rights chief that the darkest moment of the conflict in Gaza is unfolding in the north of the territory and that Israel's actions could amount to atrocity crimes; how much longer we must wait for an assurance that Ireland is not complicit in the supply of the means to carry out these acts of genocide; if he will immediately share the results of the examination, or provide a date by which we will receive it; and if he will make a statement on the matter. [45656/24]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The continuation of Israeli airstrikes in Gaza, the West Bank and Lebanon is unacceptable. Reports of dozens of deaths in the past week alone are a brutal reminder of the ongoing death and destruction that the people of Gaza are enduring. I am especially concerned about reports of further attacks on hospitals and medical facilities, which are particularly egregious with devastating consequences for the most vulnerable. Ireland has consistently called for an immediate ceasefire, release of hostages and a massive scale-up of humanitarian aid into Gaza. Ireland is also working with international partners to step up our efforts to implement the two-State solution. I am convinced that the implementation of the two-State solution is the only way to establish lasting peace and security in the region.

In recent weeks there have been allegations made that munitions of war have been included in the cargo of flights flying through Irish sovereign airspace. These allegations name several different air operators. The Minister for Transport has confirmed that his Department is engaging with those air operators and working to identify the nature of the cargo concerned. This work is ongoing and will seek to ensure that any action taken is on the basis of established facts. I underline that it is expressly prohibited for civil aircraft to carry munitions of war in Irish sovereign airspace, without being granted an exemption to do so by the Minister for Transport. The system of exemptions is operated by the Department of Transport under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989. Questions relating to the timeframe and nature of the examination of these allegations should be directed to the Department of Transport for response.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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4. To ask the Minister for Foreign Affairs and Trade if he is aware of recent unfounded, allegations against the UN Special Rapporteur on the situation of human rights in the Palestinian territories; if he agrees that these spurious accusations deliberately misrepresent her criticism of Israeli acts of genocide and her defence of international human rights law; if he totally rejects these allegations; if he reaffirms the significance of the role and mandate of the UN Special Rapporteur in defence of international human rights law; and if he will make a statement on the matter. [45657/24]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Ireland supports the important role that UN Special Procedures mandate holders play in the international human rights system. Their work contributes to the development of international human rights standards and helps to raise public awareness on human rights issues. Both I and my officials will continue to defend the important role undertaken by all such mandate holders.

Ireland regularly engages with the current holder of the mandate of Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967, Francesca Albanese, in the context of the UN Human Rights Council and the Third Committee of the UN General Assembly. Ms Albanese presented her most recent Report during an Interactive Dialogue with the UN Third Committee on 30 October, during which Ireland engaged with the Special Rapporteur and UN Member States, stressing the importance of respect for human rights, and the obligation to ensure the protection of civilians at all times in line with international humanitarian law.

The urgent need to address the conflict in the Middle East remains a priority for Ireland in our work at the UN. This includes ongoing support for efforts to achieve a ceasefire and hostage release deal and ensure the supply of humanitarian assistance at scale in Gaza, as well as our efforts to advance the two-state solution.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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5. To ask the Minister for Foreign Affairs and Trade with regard to the recent ICJ ruling which indicates that states have an obligation to abstain from entering into economic or trade dealings with illegal Israeli settlements, if he will provide a clear indication of the specific reasons there is now a need to delay the enactment of the Control of Economic Activity (Occupied Territories) Bill 2018 further, in view of the fact that all political parties in Dáil Éireann have publicly expressed support for the Bill; and if he will make a statement on the matter. [45658/24]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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On 19 July 2024 the International Court of Justice delivered its Advisory Opinion on the Legal Consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.

The Court’s principal conclusions were that Israel’s continued presence in the Occupied Palestinian Territory is unlawful, and that Israel is under an obligation to end its unlawful presence in the OPT as rapidly as possible.

In particular, the Court considered that all states have a duty to distinguish in their dealings with Israel between its own territory and the OPT. This duty includes an obligation to take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the OPT.

While the Court’s advisory opinion is not in itself legally binding, it represents an authoritative statement of applicable international law, which is binding on all states and international organisations.

Ireland subsequently co-sponsored a resolution adopted by the General Assembly on 18 September 2024 which seeks to implement the Court’s advisory opinion. The resolution elaborated on the obligations arising for Israel, all states, and international organisations from Israel’s unlawful presence in the Occupied Palestinian Territory, including in the sphere of trade.

The Taoiseach sought updated legal advice from the Attorney General in relation to the Control of Economic Activity (Occupied Territories) Bill 2018, having regard to the Court’s advisory opinion.

The Government has decided, in light of the Court’s advisory opinion and the Attorney General’s updated advice, to engage with the sponsor of the Bill with a view to preparing the amendments necessary to ensure that it is compatible with EU law and the relevant provisions of the Constitution. The Government’s analysis is that substantive amendments will be required.

The Government has now taken the necessary steps to facilitate the further consideration of this Bill in Dáil Éireann, and both I and officials within my Department have had constructive engagements with the sponsor of the Bill.

The preparation of the necessary amendments will require further consultation with relevant Government Departments, as well as with the Attorney General, and any such amendments will require to be approved by the Government before being introduced at the appropriate stage in the Dáil.

In the interim Ireland, together with like-minded EU member states, will continue to press within the EU for steps to be taken with a view to preventing trade or investment that may assist in the maintenance of the illegal situation created by Israel in the OPT.

Photo of Matt CarthyMatt Carthy (Cavan-Monaghan, Sinn Fein)
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6. To ask the Minister for Foreign Affairs and Trade the sanctions that the Government have imposed on Israel in response to the genocide it is currently conducting against the Palestinian people; and if he will make a statement on the matter. [45824/24]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The urgent need to address the conflict in the Middle East remains a priority for Ireland. This includes ongoing support for efforts to achieve a ceasefire and hostage release deal and ensure the supply of humanitarian assistance at scale in Gaza, as well as our efforts to advance the two-state solution.

I have underlined my strong support for EU sanctions targeting violent or extreme Israeli settlers. I welcome that the European Union has adopted successive rounds of sanctions against violent Israeli settlers under its Global Human Rights Sanctions Regime, in April and in July of this year.

We have seen further instances of settler violence and it is important that further listings are considered. This is a matter I have raised with my European counterparts at successive meetings of the Foreign Affairs Council, including at the meeting of the FAC on 14 October. I therefore welcome that the European Council in its Conclusions of 17 October agreed to take work forward on further restrictive measures against extremist settlers and against entities and organisations which support them.

I will also continue my intensive engagement with EU and regional partners to take concrete steps which demonstrate the Union’s commitment to the restoration of a political horizon towards the full realisation of the two-State solution.

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