Ireland to intervene in South Africa's genocide case against Israel
by Louise Burne · Irish MirrorIreland will intervene in South Africa’s International Court of Justice case against Israel, Cabinet will be told.
Ministers will meet in Government Buildings this Wednesday morning for the first time since November 29’s election. This will include ministers who lost their seats, such as Health Minister Stephen Donnelly and Arts Minister Catherine Martin.
As the government is currently in a caretaker capacity, the Cabinet is not anticipated to make any major decisions or introduce new policies.
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However, Tánaiste Micheál Martin will seek approval for Ireland to intervene in two cases before the International Court of Justice.
This includes South Africa’s case against Israel concerning breaches of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip, which was initiated following the launch of Israeli military operations in Gaza on October 7 2023.
To date, more than 44,000 people are reported to have been killed.
South Africa instituted proceedings at the ICJ at the end of December 2023, claiming Israel had violated its obligations under the 1948 Genocide Convention.
The Court ordered Israel to take steps to ensure its military does not commit genocidal acts, to limit the scope of its military operations in Gaza and to facilitate humanitarian aid.
In November, the Office of the High Commissioner for Human Rights expressed serious concern that Israel is failing in these obligations.
Nicaragua, Colombia, Libya, Mexico, Palestine, Spain, Türkiye, Chile, the Maldives and Bolivia have already filed ‘Declarations of Intervention’.
By filing a declaration of intervention in a case, which the court must accept, a State Party does not join the case on behalf of one side or the other.
Rather, an intervening State may assist the Court by making submissions on the interpretation of the Convention's provisions.
The Tánaiste proposes to intervene to “promote a consistent interpretation of the Genocide Convention which prioritises the protection of civilian life and to demonstrate Ireland’s strong commitment to the rule of law and international justice”.
He proposes intervention in the Myanmar case because it will be decided before South Africa’s case and the same provisions of the Convention are in question.
Ireland will intervene in The Gambia’s case at the ICJ under the 1948 Genocide Convention over operations by Myanmar’s armed forces against the ethnic minority Rohingya people.
More than 10,000 Rohingya people are reported to have been killed in these operations and approximately 700,000 were forced to flee to neighbouring Bangladesh.
The Gambia instituted proceedings against Myanmar at the ICJ in 2019, alleging violations of the Genocide Convention against the Rohingya.
It is proposed that both declarations be filed in the coming weeks, in consultation with the Attorney General.
Mr Martin will also seek approval to accept an invitation for Ireland to participate as a guest country in South Africa’s G20 Presidency, which runs from December 2024 to November 2025.
This is the first time Ireland has ever been invited to join the group representing the world’s 20 largest economies.
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