close
close
  • January 23, 2025
Irish intervention in the ICJ genocide case against Israel is approved

Irish intervention in the ICJ genocide case against Israel is approved

Irish Tánaiste and Foreign Minister Micheál Martin have received government permission for Ireland to intervene in South Africa’s International Court of Justice case against Israel under the Genocide Convention.

The submission of the intervention will take place at the court in The Hague later this month, the Irish Foreign Office said on Wednesday.

The Irish government has also agreed to intervene in Gambia’s case against Myanmar under the same treaty.

After Wednesday’s cabinet meeting, the Tánaiste said: “There has been a collective punishment of the Palestinian people through the intent and impact of Israel’s military actions in Gaza, which has left 44,000 dead and millions of civilians displaced.

“By legally intervening in South Africa’s case, Ireland will ask the International Court of Justice to broaden its interpretation of what constitutes the commission of genocide by a state.

“We are concerned that a very narrow interpretation of what constitutes genocide leads to a culture of impunity in which the protection of civilians is kept to a minimum.

“The Irish view of the Convention is broader and prioritises the protection of civilian life – as a committed supporter of the Convention, the Government will promote that interpretation in its intervention in this matter.

“The intervention in both cases demonstrates the consistency of Ireland’s approach to the interpretation and application of the Genocide Convention.”

According to The Journal, the Tánaiste told reporters on Wednesday morning: “Essentially, Ireland is asking the court to broaden its interpretation of genocide within the Genocide Convention.”

He acknowledged that the issue is “legally complex.”

He continued: “We believe it encompasses what happened in Gaza in particular, both in terms of the intent and in terms of the impact of the horrific Israeli attacks on the Palestinian people in Gaza in particular – where up to 40,000 people have been killed. millions of displaced people, and there is collective punishment of the people living in Gaza.”

The Journal notes that by filing a declaration of intervention in a case, which must be accepted by the International Court of Justice, Ireland would not be joining the case on behalf of one party or the other. Instead, Ireland may assist the Court by submitting observations on the interpretation of provisions of the Treaty.

Wednesday’s cabinet meeting was the first since the November 29 Irish general election Martin’s Fine Gael party won the most seats in Dáil Éireann. Discussions between parties about government formation continue.

The International Court of Justice announced this on December 29 last year South Africa had filed a request to initiate proceedings against Israelalleging that Israel “is in violation of its obligations under the Genocide Convention with respect to the Palestinians in Gaza.”

In January, the ICJ ordered that Israel take measures to prevent genocide in Gaza and enable the delivery of basic services and humanitarian aid in the Gaza Strip. Israel was also ordered to submit a report to the ICJ within a month outlining efforts to comply with the ICJ’s orders.

The Tanaiste “strongly welcomed” the ICJ orders in January.

“These are measures that Ireland has consistently called for since the beginning of this conflict,” he said on January 26.

He added: “As agreed by the Dáil earlier this week, the Government will strongly consider intervening in the case, following a detailed analysis of today’s Court decision.

“I have therefore asked my officials to urgently prepare legal advice for consideration.”

The Tánaiste had announced this in March Ireland would intervene in the casealthough it was recognized that the intervention, which required government approval, could take months.

In May, Ireland, in consultation with Spain and Norway, formally recognized Palestine “as a sovereign and independent state” and agreed to establish full diplomatic relations between Dublin and Ramallah.