Ireland moves towards intervening in South Africa’s genocide case against Israel

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FOREIGN AFFAIRS MINISTER Micheál Martin and his department officials are to prepare a declaration of intervention in South Africa’s genocide case against Israel at the International Court of Justice.

The Tánaiste is to update the Cabinet about this today. If the move is approved, the Irish Government will officially intervene in the case against Israel under the 1948 Genocide Convention at the court in The Hague in the Netherlands.

It is currently not known what legal points the State is relying on in its declaration.

Speaking to reporters outside Government Buildings ahead of the Cabinet meeting today, Martin said he was briefed by his legal team last week and “we believe we have a basis for an intervention”.

Martin said the situation in Gaza is now a “humanitarian catastrophe”, adding that “clearly aid has been prevented” from entering the region. 

He said this “constitutes significant harm and destruction” to the people of Gaza. 

South Africa moved to take legal action against Israel under the 1948 Genocide Convention over the Israeli Defence Forces action in Gaza after the 7 October attacks by Hamas in December.

In January, the International Court of Justice ruled that Israel should “take all measures within its power” to prevent the commission of all acts within the scope of Article Two of the Genocide Convention.

While the court stopped short of calling for an immediate ceasefire, it ruled that Israel  must take “immediate and effective measures” to enable the provision of urgent humanitarian in Gaza “to address the adverse conditions of life faced by Palestinians”.

Speaking to reporters outside Government Buildings this morning, Minister Simon Harris said he wants to hear from the Tánaiste at Cabinet regarding the move to intervene in the case. 

“There’s a human catastrophe unfolding in front of our eyes, in front of the world’s eyes. The world cannot turn a blind eye and, in fact, I think the phrase human catastrophe doesn’t even capture the scale … of devastation that is being seen in Gaza,” the soon-to-be Taoiseach said. 

Harris said he is “very proud of the approach that’s being taken by Ireland, I include the Irish Government in that but Ireland more broadly, in speaking truth to power”. 

“I think what needs to happen is very clear. There needs to be an immediate ceasefire, all of the hostages need to be released unconditionally, there needs to be a flow of humanitarian aid,” he said. 

Opposition parties and members of the public called for the State to intervene in the case in January, but Government remained hesitant to make a quick decision on the matter.

Ahead of the court hearing, Tánaiste Micheál Martin said these calls were “trying to crease division“. Later, the Government agreed it would review the decision carefully.

It is understood the Department of Foreign Affairs officials have previously consulted with their South African counterparts and conducted preliminary analysis of the legal issues arising from the case. 

With reporting by Hayley Halpin and Jane Matthews