Gaza conflict already being investigated by International Criminal Court, says Tánaiste

The International Criminal Court (ICC) is already investigating the conflict in Gaza, Tánaiste Micheál Martin has said in response to calls from Opposition parties for Ireland to make a complaint about Israel to the court.

In a statement issued by the Department of Foreign Affairs on Sunday, Mr Martin said an investigation by the ICC has been continuing since March 2021.

“The investigation covers all crimes within the jurisdiction of the court, including war crimes and crimes against humanity, alleged to have been committed since 2014,” he said. The situation in Palestine was referred to the court back in 2014.

“Importantly, the current prosecutor, Karim Khan, has made absolutely clear on a number of occasions over the last month that this investigation covers the current conflict, including all events on and from October 7th this year. He has confirmed that there is an active investigation ongoing in relation to the situation in Palestine,” Mr Martin said.

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The Government faces Dáil motions this week from Sinn Féin and the Social Democrats calling for Israel to be referred to the ICC and for the Israeli ambassador to be expelled, among other sanctions.

Government leaders will meet on Monday night to discuss the week’s business, but the Coalition will not support the Opposition motions.

The Government has repeatedly rejected calls to expel the Israeli ambassador, insisting that it is exactly in times of conflict and disagreement that it is important to keep diplomatic channels open. This weekend, Mr Martin told the Sunday Times that Ireland is not “unfriendly”, contrary to what the Israeli government believes.

“I have to stress we also have good channels with the Israeli administration; our ambassador has access to Israeli ministers, to the various agencies of the Israeli government in respect of these issues. Yes, Israel believes that Ireland’s position is unfriendly – we’ve made it very clear it’s not. We’re not anti-Israel, but we’re for the Palestinian right to their homeland and to their own state,” he said.

Mr Martin will attend a meeting of EU foreign affairs ministers in Brussels on Monday to discuss the deteriorating situation in Gaza. But the EU has struggled to speak with one voice on the issue, with Ireland and a number of other member states taking a strong pro-Palestinian stance, while other countries, such as Germany and Austria, are reluctant to criticise Israeli actions.

[ McDonald: SF call for Israeli ambassador expulsion not due to fears of being ‘outflanked’ ]

The Sinn Féin leader Mary Lou McDonald, whose ardfheis at the weekend heard strong declarations of support for Palestinians, denied her party was calling for the ambassador to be expelled out of a fear of being “outflanked” by other left-wing parties.

Ms McDonald told RTÉ that a Dáil motion from her party to call for Ireland to refer Israel to the International Criminal Court was a means to “ratchet up pressure” to achieve a ceasefire.

“I actually think the best position that we can be in and the most powerful that Ireland can be in this is when we achieve a united position across the Dáil,” she said.

Later, speaking outside a Remembrance Sunday service at St Patrick’s Cathedral in Dublin, Ms McDonald said the Netanyahu government has “deepened their belligerence and hardened their position” on Gaza.

“We want the Government to act, we’re bringing a motion during the week, we hope they’ll support it, relating to the International Criminal Court. But ultimately this is all about ceasefire,” she said.