International Court of Justice receives Ireland’s intervention in South Africa’s case against Israel

South Africa has alleged genocide by Israel during the war in Gaza

Ireland’s intervention in the case taken by South Africa alleging genocide by Israel in Gaza has been received by the International Court of Justice. Photograph: Omar al-Qatta/AFP via Getty Images
Ireland’s intervention in the case taken by South Africa alleging genocide by Israel in Gaza has been received by the International Court of Justice. Photograph: Omar al-Qatta/AFP via Getty Images

Ireland’s intervention in the case taken by South Africa alleging genocide by Israel in Gaza has been received by the International Court of Justice (ICJ).

The controversial case, first brought by South Africa at the end of 2023, 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.

To date, more than 45,000 people are reported to have been killed in Gaza during the war sparked by the Hamas attack on Israel in October 2023.

Israel fiercely opposes the genocide case in the ICJ, and it has been criticised by the US, the UK and several other EU countries.

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The ICJ this week confirmed that Ireland has filed a declaration of intervention.

Other countries that that have filed such declarations are Nicaragua, Colombia, Libya, Mexico, Palestine, Spain, Turkey, Chile, the Maldives and Bolivia.

By filing a declaration of intervention in a case, which must be accepted by the court, a state such as Ireland 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 interpretation of provisions of the Genocide Convention.

In a statement after Ireland’s intervention was approved by Cabinet last month Tánaiste and Minister for Foreign Affairs Micheál Martin said there had been “a collective punishment of the Palestinian people through the intent and impact of military actions of Israel in Gaza”.

He noted the death toll and the “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.”

Israel closed its embassy in Dublin last month.

The country’s ambassador, Dana Erlich, said afterwards that Ireland’s intervention in the ICJ case was the latest in a series of “steps, initiatives, statements” that have caused the Israeli government to regard Ireland as “the most extreme country against Israel internationally” and to close its embassy.

When the closure was announced the Israeli ministry of foreign affairs said the decision was made “in light of the extreme anti-Israel policy of the Irish Government”.

Taoiseach Simon Harris described the decision at the time as “deeply regrettable” and said: “I utterly reject the assertion that Ireland is anti-Israel. Ireland is pro-peace, pro-human rights and pro-international law.”

Cormac McQuinn

Cormac McQuinn

Cormac McQuinn is a Political Correspondent at The Irish Times