Politics

Ireland to intervene in two genocide cases at International Court of Justice under new proposals

State would submit Declarations of Intervention against Israel and Myanmar as part of plans being put forward by Tánaiste

An intervening state may assist the International Court of Justice by making submissions on interpretation of provisions of the Genocide Convention. Photograph: Remko de Waal/ANP/AFP via Getty
An intervening state may assist the International Court of Justice by making submissions on interpretation of provisions of the Genocide Convention. Photograph: Remko de Waal/ANP/AFP via Getty
Cormac McQuinn Political Correspondent
Wed Dec 11 2024 - 06:00

Ireland would intervene in two genocide cases at the International Court of Justice (ICJ) under proposals to be considered by Cabinet on Wednesday.

The first case is the one initiated by South Africa last December against Israel over alleged breaches of the 1948 Genocide Convention during the war in Gaza.

To date, more than 44,000 people are reported to have been killed in Gaza during the war sparked by the Hamas attack on Israel in October 2023.

The second case is one taken by The Gambia in 2019 accusing Myanmar of genocide over operations by its armed forces conducted against the ethnic minority Rohingya people.

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More than 10,000 Rohingya people are reported to have been killed and approximately 700,000 have fled to neighbouring Bangladesh.

Tánaiste and Minister for Foreign Affairs Micheál Martin will seek Cabinet approval for Ireland to intervene in the two cases when ministers meet on Wednesday.

By filing a declaration of intervention in a case, which must be accepted by the court, a state like 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.

The Irish Times understands that Mr Martin proposes to intervene to promote a consistent interpretation of the Genocide Convention which prioritises the protection of civilian life, and to demonstrate Ireland’s strong commitment to the rule of law and international justice.

It is proposed to file both Declarations of Intervention in the coming weeks, in consultation with the Attorney General.

In its case against Israel, South Africa asked the ICJ to order provisional measures to apply pending its final judgment.

In three separate orders, the court ordered Israel to take steps to ensure its military does not commit genocidal acts, to limit the scope of its military operations in Gaza and to facilitate humanitarian aid.

However, in November, the Office of the High Commissioner for Human Rights expressed serious concern that Israel is failing in these obligations.

Since South Africa initiated its case against Israel, Nicaragua, Colombia, Libya, Mexico, Palestine, Spain, Turkey, Chile, the Maldives and Bolivia have all filed Declarations of Intervention.

There have been two interventions in The Gambia’s case against Myanmar – one by the Maldives and a joint Intervention by Canada, Denmark, France, Germany, the Netherlands and the UK.

Separately, Mr Martin is to seek Cabinet approval for Ireland to participate as a guest country in South Africa’s G20 presidency between December 2024 and November 2025.

It is the first time Ireland has been invited to join the group, which represents the world’s 20 largest economies.

Ministers are expected to be told that participation would provide an opportunity to influence approaches on issues of global strategic importance like economic growth, sustainable development, food security and climate change.

There will be a meeting of G20 foreign ministers in February and a summit involving heads of State and government next November.

Others invited to participate as guest countries include Nigeria, Egypt, Norway, Netherlands, Spain, Singapore, and the United Arab Emirates.

Ministers are also due to consider a new Strategic Partnership Agreement (SPA) between Ireland and the World Food Programme, lasting from 2025 to 2027, involving €105 million in funding.

The proposal is being brought by Minister for Agriculture Charlie McConalogue and the sum involved is a 40 per cent increase in the €75 million provided under the previous agreement covering 2022 to 2024.

The new SPA will prioritise assistance to key areas, such as the Horn of Africa, Syria, and climate-related hunger interventions.

Cormac McQuinn

Cormac McQuinn

Cormac McQuinn is a Political Correspondent at The Irish Times