Government will ‘strongly consider’ intervention in Israel genocide case

By Cate McCurry, PA

The Tánaiste has said the government will “strongly consider” an intervention in South Africa’s genocide case against Israel at a top UN court.

Micheál Martin said it will carry out detailed analysis of a ruling by the International Court of Justice (ICJ) on Friday that harshly criticised Israel’s war in Gaza.

The ICJ stopped short on Friday of ordering a ceasefire in Gaza in a genocide case filed by South Africa.

My statement on the final and binding ICJ orders today in the South Africa v. Israel case pic.twitter.com/D5fvZAGogf

— Micheál Martin (@MichealMartinTD) January 26, 2024

Sinn Féin leader Mary Lou McDonald said her party had lodged a motion in the Dáil to be debated next week calling on the Government to back South Africa in “holding Israel to ”.

In a statement, the Minister for Foreign Affairs, Mr Martin said he has asked his officials to prepare legal advice for his consideration on an “urgent basis”.

“I strongly welcome the court’s orders which are final and binding,” Mr Martin said.

“These are measures that Ireland has been consistently calling for from the start of this conflict.

Today's Hague ruling against Israel is decisive.

The Irish government must now with South Africa in their case to hold Israel able for their crimes against the Palestinian people. Sinn Féin has just lodged a motion in the Dáil to do just that 🇵🇸🇮🇪 – @MaryLouMcDonald pic.twitter.com/njrUi0DNrF

— Sinn Féin (@sinnfeinireland) January 26, 2024

“Ireland has a deep and longstanding commitment to international law and is a strong defender of the international rules-based system.

“The International Court of Justice is one of the cornerstones of this system. We expect Israel to implement all provisional measures that have been ordered by the court, in good faith and as a matter of urgency.

“Today’s orders relate to a specific case under the Genocide Convention. Irrespective of whether any actions are eventually judged to meet the threshold of genocide, we must ensure that all parties to this conflict are held to for their actions.

“The prosecutor of the International Criminal Court is continuing to investigate all serious allegations of crimes against humanity and war crimes committed in and from Gaza, whether committed by Israel or by Hamas, Palestinian Islamic Jihad, or other non-state armed groups.

“All states must redouble their efforts to the investigation by the Prosecutor of the International Criminal Court into the situation in Palestine.”

Taoiseach Leo Varadkar, said he will respond to the ruling after the Government has analysed it.

Speaking while the ICJ was giving its ruling on Friday, Mr Varadkar said he will consider its contents.

“As a country that respects the ICJ, Ireland will, of course, abide by any rulings that the court makes,” Mr Varadkar said.

“But one thing I would say is that if a war has ever been ended by a court order, I’m not sure what war that was.

“The truth is war is ended three ways – military victory by one side over the other, an armistice, or through politics and diplomacy.

“That’s why our focus has been on that, on politics and diplomacy, looking for a ceasefire so that the hostages can be released, so the humanitarian aid can get in, so that the killing of Palestinian civilians can stop and also a move towards a permanent ceasefire, which would have to involve Hamas leadership and Hamas fighters leaving Gaza, allowing new Palestinian leadership to take over.

“We will consider the case and once South Africa lodges its main case, we will be in a position to decide whether or not we make an intervention and what the nature of that intervention would be.

“But this case could go on for three or four years. I don’t think people on the ground in Israel or Palestine have three or four years.

“Wars don’t end by court orders. Wars end through politics and diplomacy and that’s why our focus is on that, trying to get a humanitarian ceasefire so that the killing can stop, so aid can get in to help civilians, so that the hostages could be released.

“So that we can talk about the day after Gaza, about rebuilding but that of course has to mean Hamas not being involved in that, it has to mean Israel conceding the right of Palestinians to have their own state, and Gaza should be part of it.”

Mrs McDonald said there now had to be a “full, permanent and complete ceasefire” following the ruling.

She said: “We want to see that call now, not just made internationally, but vindicated internationally.

“Irsael must stop and stop now.

“The Irish government has seen the ruling of the court, and now they must make very, very clear that they will with South Africa in holding Israel to .

“We have brought forward a motion, we have lodged it with the Dáil, it will be debated next week.

“We expect the Irish government will this motion and make our position clear.”