Ann Arbor (Informed Comment) – The Irish government has decided to intervene in the court case at the International Court of Justice against Israel on grounds of the commission of genocide. The complaint had been brought by South Africa, and the court found the charge of genocide plausible on January 26. It issued a preliminary injunction, ordering Israel to cease actions that might constitute genocide, which the government of Prime Minister Binyamin Netanyahu has defied. Ireland’s intervention seems to be akin to an amicus brief in the South African complaint, which will be decided by the ICJ.
The Irish cabinet will begin to frame a Declaration of Intervention to be submitted after South Africa sends in its own memorial case in a few months. The center-right coalition government had been under pressure by the opposition to join the complaint since January. Deputy Prime Minister (Tánaiste) and Foreign Minister Micheál Martin said on Thursday of Israel’s refusal to allow sufficient food into Goza,
- “It is criminal. It is absolutely a scandal that children are malnourished, that half a population is facing famine and others in terms of food insecurity. There is no need for this. There’s excessive checking at the borders. I spoke [on Thursday] morning to Ayman Safadi, the Foreign Minister in Jordan, spoke to Egyptian [Foreign Minister] Sameh Shoukry and I spoke to the Palestinian Prime Minister [on Wednesday] also. They’re telling me the situation is dire. Absolutely catastrophic.
I will appeal to Israel to show humanity in terms of enabling the essentials of life to get into Gaza for the civilian population.”
On Wednesday Martin had slammed Hamas’s October 7 terrorist attack, but many of his critiques addressed the disproportionate Israeli response.
He said, “The taking of hostages. The purposeful withholding of humanitarian assistance to civilians. The targeting of civilians and of civilian infrastructure. The indiscriminate use of explosive weapons in populated areas. The use of civilian objects for military purposes. The collective punishment of an entire population. The list goes on. It has to stop. The view of the international community is clear. Enough is enough. The UN Security Council has demanded an immediate ceasefire, the unconditional release of hostages and the lifting of all barriers to the provision of humanitarian assistance at scale. The European Council has echoed this call.”
Martin admitted, “intervention as a third party in a case before the International Court of Justice is a complex matter and is relatively rare. It is for the Court to determine whether genocide is being committed.”
On Thursday, the International Court of Justice issued “additional provisional measures” regarding the Israel campaign against Gaza.
These further measures were as follows:
- “The State of Israel shall, in conformity with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, and in view of the worsening conditions of life faced by Palestinians in Gaza, in particular the spread of famine and starvation:
– 2 –
(a) Unanimously,
Take all necessary and effective measures to ensure, without delay, in full co-operation with the United Nations, the unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance, including food, water, electricity, fuel, shelter, clothing, hygiene and sanitation requirements, as well as medical supplies and medical care to Palestinians throughout Gaza, including by increasing the capacity and number of land crossing points and maintaining them open for as long as necessary;
(b) By fifteen votes to one,
Ensure with immediate effect that its military does not commit acts which constitute a violation of any of the rights of the Palestinians in Gaza as a protected group under the Convention on the Prevention and Punishment of the Crime of Genocide, including by preventing, through any action, the delivery of urgently needed humanitarian assistance . . .
(3) By fifteen votes to one,
Decides that the State of Israel shall submit a report to the Court on all measures taken to give effect to this Order, within one month as from the date of this Order.”
Since the court’s judgment, which this decision confirms, Israel actually cut in half the number of aid trucks allowed to enter Gaza each day. UN and NGO workers on the ground in Gaza warn of catastrophic famine that could begin any time from now through May unless more food is allowed in. The Israeli officials routinely lie and maintain that they are letting in all the aid that is needed (apparently they take the world for fools).
The office of outgoing Irish Prime Minister (Taoseach) Leo Varadkar warmly endorsed the new court order, saying:
“Given the very serious conditions faced by Palestinians in Gaza, the additional provisional measures announced today by the International Court of Justice are welcome. They require the unhindered provision at scale of humanitarian assistance, including food, water and medicine into Gaza. They also require Israel to ensure that its military does not prevent, through any action, the delivery of urgently needed aid. Israel must immediately comply.”
Irish President Michael D Higgins issued in a statement on Thursday evening concerning the ICJ decree: “Today’s new order by the International Court of Justice that Israel ensure the unhindered provision at scale of urgently needed basic services and humanitarian assistance – including food, water and medicine – and open more land crossings in order to prevent the spread of famine and starvation cannot be ignored.
“It is now not morally acceptable that a single voice would be silent in the European Union or international community, all countries must do all that they can to ensure the immediate delivery of aid, a ceasefire and the release of all hostages in line with this week’s UN Security Council resolution.”
It should be noted that these strong sentiments are being expressed by politicians from Ireland’s center-right coalition government, individuals who have often refused to take a harsh stand against Israel or to boycott it. Some have opposed a bill to ban the importation of goods from Israeli squatter-settlements on Palestinian land.
Now they are talking about Israel as “criminal” and “a scandal” and pleading with Tel Aviv to “show some humanity.” And they are weighing in against Netanyahu at the ICJ as a genocidaire.
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