Taoiseach Micheál Martin last week described the latest decision of the Israeli Government to withhold aid from civilians in Gaza as a “war crime”. His deliberate choice of this term was not rhetorical – the Taoiseach was giving expression to the considered position of the Irish Government that Israel is now in direct contravention of the Geneva Convention and is again imposing collective punishment on the Palestinian people.
The Taoiseach’s statement is a further example of the Irish Government playing a leadership role within Europe in naming the scale and extent of the human rights violations being committed by the Israeli military and government in Gaza. In doing so, the Government is reflecting the overwhelming view of the Irish people that we, as a peaceful nation committed to the principles of self-determination, human rights and equality, cannot stand by in the face of these continuing atrocities.
Generally, it is the function of Government and our diplomatic representatives to raise concerns about human rights violations committed by other states, through bilateral engagement, the multilateral system and the international legal order. In December, Ireland formally intervened at the International Court of Justice (ICJ) in support of South Africa‘s case against Israel under the Genocide Convention. Last May, the International Criminal Court, which Ireland also strongly supports, issued arrest warrants for the Israeli prime minister Binyamin Netanyahu and former defence minister Yoav Gallant as well as for three Hamas leaders (at least two whom have since been killed).
Within our own State, oversight and accountability regarding domestic human rights obligations and failures are the responsibility of our courts, our national human rights institution and society. The powers and functions of the Irish Human Rights and Equality Commission (IHREC), of which I am chief commissioner, are set out in our founding statute and these powers relate primarily to holding the Irish Government to account in relation to its obligations within the State.
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Sometimes, however, the lines between national and international human rights matters dissolve. Not only are we now witnessing in Gaza some of the worst and most blatant violations of human rights and humanitarian law in living memory, we are also watching a State actor directly attacking human rights defenders and the institutions of human rights.
Since the war began in Gaza, human rights organisations based in Gaza, the West Bank and in Israel have all courageously struggled to defend human rights and the rule of law in the most extreme conditions. This has led to them being targeted by the Israeli government and the Israel Defense Forces (IDF). In January of this year, Raafat Salha (Abu Mohammed), director of the Gaza and North office of Palestine’s national human rights institution, the Independent Commission for Human Rights, was killed in an Israeli air strike along with 13 members of his family.
Close to 300 UN staff have been killed in war in Gaza, far more than in any conflict in the UN’s history. According to the UN agency serving Palestinian refugees, Unrwa, more than 400 aid workers have been killed since October 2023. The Committee to Protect Journalists has reported more than 170 journalists killed, making it the worst conflict in human history for journalists and media workers. There is no precedent for the killing of human rights defenders, humanitarian workers and journalists on this scale.
Last week, our colleagues at the Palestinian Independent Commission for Human Rights called on all national human rights institutions to go beyond our national mandates to address the unique nature and scale of the situation in Gaza by condemning Israel’s use of starvation as an instrument of war and by advocating for our national governments to take further action to support humanitarian protections.
IHREC fully supports the Irish Government’s position that the recent blockade on humanitarian aid into Gaza is a war crime. In our view, there is no question that what is happening in Gaza constitutes the most extreme and profound violation of international human rights law. All parties in the Oireachtas and Irish civil society share this view, but what more can Ireland as a State do to defend human rights at this moment of deep crisis?
First, we need to ensure that Irish law meets our obligations under international law – specifically our obligations that Ireland must not co-operate with illegal actions of occupation or military oppression. IHREC welcomes the Government’s commitment to bring forward legislation relating to our trade with the Occupied Palestinian Territories, and we look forward to considering such legislation under our power to make recommendations on legislation.
Ireland should also consider whether any other legislation or measures are required to prevent economic activity in Ireland, or involving Irish companies, that might support the illegal actions of the Israeli government. Such measures may include advancing legislative and policy actions under Ireland’s national action plan on business and human rights.
Ireland must take all appropriate measures to prevent Irish territory or airspace being used to support or facilitate illegal military operations in Gaza. We must ensure the safeguards and oversight systems in place to monitor military activity through our territory are effective.
Ireland should continue to play a leadership role within the UN system and the international legal order in seeking accountability for human rights violations committed in Israel, Gaza and the Occupied Territories, including through engagement with the ongoing processes of the ICJ. In particular, the State can play a leadership role in highlighting the specific human rights and equality violations being experienced by women, children and people with disabilities in the conflict.
Finally, Ireland must continue to lead within the EU and UN to protect human rights and equality defenders. This requires continuing support for the UN special rapporteur on the situation of human rights defenders and support for front-line defenders, as well as ensuring wider international support for human rights and equality institutions and civil society organisations in Gaza and the Occupied Territories. Ireland can also work towards a package of measures to improve protections for targeted professional groups such as journalists, healthcare workers and lawyers.
As both the Taoiseach and Tánaiste have stated, Ireland is a country based on the principles of human rights and the rule of law. These values guide both our foreign policy and our domestic policy. This is a moment when we must all stand up for those principles and values, to prevent and mitigate the effects of the horrific violations we are witnessing, and to play our part in building a just peace.
Liam Herrick is chief commissioner of the Irish Human Rights and Equality Commission
