South Africa’s case against Israel in International Court of Justice is valid, Taoiseach says

The Government agrees that South Africa’s case against Israel under the Genocide Convention in the International Court of Justice (ICJ) is “valid”, Taoiseach Leo Varadkar has said.

Mr Varadkar said the Government will wait until South Africa files its main case and then decide “on the nature of any intervention”. He said the Government was committed to supporting any decision of the ICJ on preliminary measures.

“We will wait until South Africa files its memorial, its main case, we will consider it and, at that point, we’ll decide on the nature of any intervention,” he said. “But we do agree that South Africa’s case is valid.”

The Taoiseach was speaking on Tuesday, as the Government put forward a motion in the Dáil condemning the ongoing bombardment of Gaza.

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The motion also said it would “strongly consider” an intervention in the South Africa v Israel case at the ICJ, “as a matter of urgency” after the Court has made its order on preliminary measures and the filing by South Africa of its memorial in the case.

Separately, the Taoiseach also said the Attorney General will travel to The Hague next month to make a submission on Ireland’s behalf, in person, in an existing case involving Israel’s actions in Palestine and the West Bank.

Mr Varadkar said the AG will travel to the ICJ on February 22nd and this demonstrated the Government “take these things seriously”.

“That relates to an existing case before the ICJ in relation to Israel’s actions in Palestine and the West Bank,” he said.

“So I hope that proves that we’re taking this seriously, that we take the ICJ seriously, we want to do this properly, just as we have with that case, and just as we did in relation to Ukraine.”

Tánaiste and Minister for Foreign Affairs Micheál Martin said the Government would have to see South Africa’s memorial, its “substantive presentation” to the ICJ on the issue of genocide, before making a decision.

“We would make a decision not just if we decide to join, but on what basis would we join and what are the arguments we would make in the context of the convention itself which is important.” he said.

“We must have a strong legal basis to do this. Interventions by states are not about joining one side or the other. They aim to assert a legal interpretation of the issue at hand.”

The Social Democrats will introduce a Dáil motion on Wednesday morning calling on the Government to support South Africa’s case against Israel under the Genocide Convention.

[ Gaza war: Israeli tanks encircle southern enclave’s main city, blocking escape route for civilians ]

Social Democrats leader Holly Cairns said the Government’s approach “lacks courage” and while it was “faffing around”, other countries were making their intentions clear.

“Germany has already announced they will intervene in the case on the side of Israel, saying they firmly and explicitly reject the accusation of genocide. The US and the UK have also made their views clear,” she said.

“They have rubbished South Africa’s case as meritless and unjustified. Western countries are lining up to support Israel. There could not be more of a pressing need for countries like Ireland to signal their support for South Africa now.”

Sinn Féin leader Mary Lou McDonald said the “apartheid Israeli regime” was “hell-bent” on erasing the Palestinian nation from “the face of the earth”.

Ms McDonald said the people of Gaza were “threatened with annihilation” while Israel had been given “free rein to commit its war crimes against the Palestinian people with impunity”.

She said the people of Gaza were running out of time and Ireland needed to act and be clear and to take a case against Israel and join with South Africa in the ICJ.

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