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South Africa's genocide case against Israel is 'valid', Taoiseach says

Minister for Foreign Affairs Micheál Martin said the government has not yet assessed South Africa’s legal case.

LAST UPDATE | 23 Jan

TAOISEACH LEO VARADKAR has said today that Ireland will wait until South Africa files its main case against Israel in the International Court of Justice (ICJ) before deciding “the nature of any intervention”.

Speaking in the Dáil today, the Taoiseach said Ireland’s Attorney General will travel to the Hague next month to make a submission on Ireland’s behalf, in person, in the existing case involving Israel’s conduct in Palestine.

This case is separate to the South Africa case.

His comments in the Dáil today come as opposition parties continue to criticise the government’s decision not join South Africa’s genocide case against Israel in the ICJ.

Speaking earlier today, People Before Profit TD Richard Boyd Barrett said talk by the government of joining at a later date is “worse than useless”. 

Boyd Barrett was responding to comments made by Tánaiste and Minister for Foreign Affairs Micheál Martin earlier today when he said the government has not yet assessed South Africa’s legal case.

Speaking to reporters this morning, the Tánaiste said that once the preliminary stages at the ICJ had concluded he hoped South Africa would share the details of their case with other countries so that Ireland can assess whether to join.

Taoiseach Leo Varadkar had previously said that Ireland did “not intend” to join South Africa’s case, and said that there is a need to “be very careful” of accusing a Jewish state of genocide.

During Leaders’ Questions in the Dáil today, Social Democrats leader Holly Cairns asked Varadkar if he will signal Ireland’s intenion to intervene in the case at the earliest possible opportunity.

Cairns told the Taoiseach that Ireland has a duty to intervene under the Genocide Convention. She said that the Irish government’s claim that it cannot intervene in the case at this stage is “not credible”.

In response, the Taoiseach said: “We’re working at EU level, UN level and at a bilateral level, to do anything we practically can do to bring about a ceasefire.”

“What happens at the ICJ and the International Criminal Court is really important. And we’re very big supporters of these institutions. But I’m sad to say I don’t believe that an order from the ICJ will bring about an end to this conflict. It didn’t in Ukraine and it may be four years before the case is finally decided.”

“This conflict will be brought to an end by diplomacy and by politics,” the Taoiseach said.

Tomorrow in the Dáil, the Social Democrats will bring a motion calling on the government to join South Africa’s case.

Social Democrats TD Gary Gannon today rejected the notion that Ireland must wait for the preliminary findings to be made and instead said the Irish state should start the process now. 

The Taoiseach said in relation to South Africa’s case the government will adopt the same approach it did with Russia and Ukraine.

“We will wait until South Africa files its… main case, we will consider it and at that point, I will decide on the nature of any intervention. But we do agree that South Africa’s case is valid,” the Taoiseach said.

Calls for support

Today, Trocaire urged Ireland to assess itself whether there is a risk that genocide is being committed in Gaza.

The charity said assessing this risk is “a first step” towards fulfilling Ireland’s duty under the 1948 Genocide Convention.

The charity also called on Ireland to publicly support South Africa’s call for interim measures, such as a suspension of Israel’s military operations in Gaza.

Asked about the case today, the Tánaiste said: “It’s important to make that point, no-one has joined because no-one can right now.

“That misinformation has gathered that somehow we haven’t joined. Nobody has joined.”

He said that it was not Ireland’s “original position” that it would not support the case.

“Nobody has joined because preliminary recommendations must be made following submission of the case by South Africa. We will support the court.

“I think it makes sense for the court to make its preliminary findings, then South Africa make the substantive case, I presume it will share that with other countries. We will consider that and form a basis for both a decision to join but also if you were to join, what would the basis be?”

“We take our international responsibilities seriously in respect of legal submissions, we’ve already made a very substantive legal submission in respect of the occupation of the West Bank… these are very serious legal submissions one makes, they’re not done for political reasons, they’re done in the context of the law,” the Tánaiste said.

With reporting from Press Association.