Ireland to join South Africa’s genocide case against Israel at International Court of Justice

Ireland has confirmed its intention to join South Africa’s case against Israel at the International Court of Justice (ICJ), accusing Israel of genocide in Gaza.

Ireland’s Foreign Minister Micheal Martin announced that the country aims to intervene before the end of 2023.

This follows the Irish parliament’s recent approval of a non-binding motion, which declared that “genocide is being perpetrated before our eyes” by Israel in Gaza.

The motion, passed by Irish lawmakers in a sparsely attended session on 7 November, also called on the government to impose sanctions on Israel.

According to the London-based news agency PA, Deputy Prime Minister Micheal Martin highlighted Ireland’s adherence to a rigorous interpretation of the Genocide Convention and a detailed legal review that shaped the decision to support South Africa’s case at the ICJ.

“Ireland is a strong supporter of the work of the court and is deeply committed to international law and accountability,” Martin said in his address to the Irish parliament, known as the Dail.

During our motion today, the Tanaiste tried to make a virtue of the fact that Ireland is one of the "least worst" on the ongoing genocide in Gaza.

A poor contribution suggesting that Ireland will live up to its responsibilities at some undefined point in the future – too late. pic.twitter.com/7Vz3XV48U0

— Gary Gannon TD (@GaryGannonTD) November 7, 2024

The ICJ case, initiated by South Africa in December last year, claims that Israel’s actions in Gaza since 7 October 2023 contravene the United Nations’ 1948 Genocide Convention. Israel has denied these allegations.

In support of South Africa’s filing, countries such as Spain, Bolivia, Colombia, Mexico, Turkey, Chile, and Libya have also declared their participation or voiced their support. Ireland’s intervention is set to become formal once South Africa’s memorial, which the ICJ received on Monday, is reviewed.

The South African government reported that its memorial comprises over 750 pages of text, alongside annexes and exhibits that bring the document’s total length to over 4,000 pages. The ICJ confirmed receipt of the document but has declined to disclose further details.

Irish lawmakers, in their recent motion, also urged the government to restrict trade and travel links with Israel and to consider a suspension of diplomatic relations.

The debate surrounding the motion pointed to Ireland’s long-standing political divisions over Israel’s policies in Palestinian territories.

During the Dail debate, opposition leaders argued that recent events necessitate more decisive action, citing what they view as deteriorating humanitarian conditions in Gaza.

Martin elaborated that recent ICJ opinions have affected the legal context of previous Irish efforts to impose sanctions on Israeli settlement goods.

He explained that, given the European Union’s exclusive authority over trade matters for its member states, Ireland must adjust its legislation to align with EU regulations.

“The government’s analysis is that substantive amendment will be required to most, if not all, of the bill’s provisions to try to bring it into line with EU law and our own constitution while prohibiting imports from the occupied territories,” Martin clarified.

Although the motion proposed suspending military trade with Israel, Martin confirmed that Ireland does not currently export any military equipment to Israel. Dual-use items, he noted, are regulated in accordance with international standards.

Ireland has consistently voiced opposition to Israel’s responses in Gaza following the 7 October 2023 attacks by Hamas, which sparked the current hostilities.

On Tuesday, Ireland strengthened its diplomatic ties with Palestine by appointing a full Palestinian ambassador, Jilan Wahba Abdalmajid, for the first time since recognising Palestinian statehood earlier this year.

Ambassador Abdalmajid, in an interview with the Irish Times, argued that Israel should be suspended from the United Nations, citing its recent suspension of ties with the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).

“If you are a member of the UN and you do not abide by the rules of this organisation, then what is the meaning of being a member?” Abdalmajid questioned.

She warned that failing to hold Israel accountable could prompt other nations to ignore UN mandates in the future.

As part of its symbolic stance, the Irish government has signalled its ongoing dedication to upholding international legal standards and fostering accountability through established institutions such as the ICJ.

Ireland’s planned intervention underscores its firm alignment with South Africa’s campaign, as well as its commitment to addressing allegations of human rights violations in Gaza through a legal framework.