Ireland's Tánaiste and Minister for Foreign Affairs Micheál Martin has secured government approval for Ireland to intervene in South Africa’s International Court of Justice case against Israel under the Genocide Convention.
Filing of the intervention will take place at the Court in The Hague later this month, Ireland's Department of Foreign Affairs said on Wednesday.
The Irish Government has also approved intervention in The Gambia’s case against Myanmar under the same Convention.
Following Wednesday's Cabinet meeting, the Tánaiste said: "There has 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.
"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.
"Intervening in both cases demonstrates the consistency of Ireland’s approach to the interpretation and application of the Genocide Convention.”
According to The Journal, the Tánaiste told reporters on Wednesday morning: “Fundamentally, Ireland is asking the court to broaden its interpretation of genocide within the Genocide Convention."
He acknowledged that the issue is "legally complex."
He continued: “We believe it encompasses what has happened in Gaza in particular, in terms of both the intent and in terms of the impact of the horrific Israeli attacks on the Palestinian people within Gaza in particular – where to 40,000 people have been killed, millions displaced, and there’s been a collective punishment of the people living in Gaza.”
The Journal notes that by filing a declaration of intervention in a case, which must be accepted by the ICJ, Ireland would not join the case on behalf of one side or the other. Rather, Ireland may assist the Court by making submissions on interpretation of provisions of the Convention.
Wednesday's Cabinet meeting was the first since Ireland's General Election on November 29 in which Martin's Fine Gael party won the most seats in Dáil Éireann. Talks are continuing amongst parties about Government formation.
The ICJ announced last year on December 29 that South Africa had filed an application instituting proceedings against Israel, alleging that Israel "in relation to Palestinians in Gaza, is in violation of its obligations under the Genocide Convention.”
In January, the ICJ ordered that Israel take measures to prevent genocide in Gaza and enable the provision of basic services and humanitarian assistance in the Gaza Strip. Israel was also ordered to submit a report to the ICJ in one month outlining its efforts to adhere to the ICJ's orders.
The Tánaiste "strongly welcomed" the ICJ's orders in January.
"These are measures that Ireland has been consistently calling for from the start of this conflict," he said on January 26.
He added: "As agreed by the Dáil earlier this week, the Government will strongly consider intervention in the case, following detailed analysis of the Court’s decision today.
"I have therefore asked my officials to prepare legal advice for my consideration on an urgent basis."
The Tánaiste had announced in March that Ireland would intervene in the case, though acknowledged that the intervention required government approval would could take months.
In May, Ireland, in concert with Spain and Norway, formally recognized Palestine "as a sovereign and independent state" and agreed to establish full diplomatic relations between Dublin and Ramallah.
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