Government confirms Ireland will intervene in two cases before International Court of Justice

One long-running and controversial case seeks a ruling by the court that Israel is in breach of the Genocide Convention

Magistrates  at the International Court of Justice in The Hague. Ireland will intervene in two cases before the court, including the case taken by South Africa alleging genocide by Israel in Gaza. Photograph: Nick Gammon AFP
Magistrates at the International Court of Justice in The Hague. Ireland will intervene in two cases before the court, including the case taken by South Africa alleging genocide by Israel in Gaza. Photograph: Nick Gammon AFP

The Government has confirmed that Ireland will intervene in two cases before the International Court of Justice (ICJ), including the case taken by South Africa alleging genocide by Israel in Gaza.

The Government has previously signalled its intention to join the case, and the Tánaiste and Minister for Foreign Affairs Micheál Martin received formal approval for the move during a Cabinet meeting. The necessary legal papers will be lodged with the court before the end of the year.

The long-running and controversial case, first brought by South Africa almost a year ago, seeks a ruling by the court that Israel is in breach of the Genocide Convention, an international treaty that obliges states to act to prevent genocide where it is happening.

Israel fiercely opposes the case, and it has been criticised by the US, the UK and several other EU countries. Other EU countries including Spain, and a long list of other countries around the world, are supporting the case.

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In a statement issued after the Cabinet meeting, Mr Martin said that there had been “a collective punishment of the Palestinian people through the intent and impact of military actions of Israel in Gaza, leaving 44,000 dead and millions of civilians displaced”.

“By legally intervening in South Africa’s case Ireland will be asking the ICJ to broaden its interpretation of what constitutes the commission of genocide by a State,” he said. “We are concerned that a very narrow interpretation of what constitutes genocide leads to a culture of impunity in which the protection of civilians is minimised.

“Ireland’s view of the convention is broader and prioritises the protection of civilian life – as a committed supporter of the convention the Government will promote that interpretation in its intervention in this case.”

The Government has also approved intervention in The Gambia’s case against Myanmar under the same convention.

Sinn Féin leader Mary Lou McDonald said the “belated decision of the outgoing Cabinet to intervene in the International Court of Justice case against Israel, while welcome, must mark a turning point in the urgency and impetus of the Irish Government in defending international law”.

She said that any incoming government must enact sanctions against Israel, accusing it of “decades of oppression against the Palestinian people and a genocide in Gaza that has continued for over a year”.

Several NGOs welcomed the move.

Stephen Bowen, executive director of Amnesty Ireland, said that it offered “some glimmer of hope for international justice that states such as Ireland are coming forward to intervene in these crucial cases. Past impunity for atrocity crimes, including genocide, fuels the atrocities we see before our eyes today, especially in Gaza.”

Karol Balfe, ActionAid Ireland CEO, said that it was “very welcome that Ireland is taking this move and committing to international justice and humanity”.

“Every day without action deepens complicity in the deprivation and suffering of innocent civilians. A ceasefire isn’t just urgent – it’s a moral imperative,” she said.

Pat Leahy

Pat Leahy

Pat Leahy is Political Editor of The Irish Times