State to take significant step towards intervening in South Africa’s genocide case against Israel

The Government is to take a significant step towards intervening in South Africa’s genocide case against Israel over the Gaza war at the International Court of Justice.

Tánaiste Micheál Martin will brief Cabinet today that, following an initial legal analysis of the case, he has directed officials to prepare a draft declaration of intervention in the case. Once that draft declaration of intervention is complete it will be brought back to the Government and, if approved by Ministers, will be filed with the court in The Hague.

Under ICJ rules, parties to the 1948 Genocide Convention have the right to intervene in proceedings under way. Government sources cautioned that the purpose of such an intervention is not to take a side in the dispute, but rather to argue for an interpretation of one or more of the provisions of the convention in question.

Intervening states do not offer evidence, which is only done by parties to the case. States exercising the right of intervention are then bound by the interpretation placed on those provisions by the court. Government sources predicted that the intervention will “definitely” happen, but the basis it is taken on remains to be seen.

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It follows a resolution adopted by the Dáil on January 23rd in which the Government undertook to strongly consider an intervention, after the court made its order on preliminary measures arising from the South African case. On January 26th, the court ordered a number of measures, directing Israel to ensure its military does not commit any genocidal acts and to enable the provision of urgently needed basic services and humanitarian assistance.

[ Ireland can – and must – take action on Gaza ]

Meanwhile, Minister for Social Protection Heather Humphreys will seek approval for legislation underpinning the Government’s automatic enrolment pensions scheme, predicted to see 800,000 private sector workers enrolled by January of next year.

All employees without a private pension aged between 23 and 60 who are earning more than €20,000 a year will be automatically enrolled, but will be able to opt out – before being automatically re-enrolled two years later for at least another six months. There are no changes to the existing State pension system. Under the auto-enrolment system, departmental projections suggest someone saving for 40 years at the full rate on a salary of just under €45,000 per year would end up with a savings pot of just under €750,000.

Also at Cabinet, Minister for Transport Eamon Ryan will seek approval for a new demand management strategy aimed at reducing congestion. Previous moves in this direction have led to a backlash over a push to remove cars from the road. Mr Ryan will argue that it will prioritise measures in urban areas first where there are greater public transport services. It will argue that investment in active travel and public transport cannot be realised while current levels of congestion remain.

Minister for Housing Darragh O’Brien and Minister for Higher Education Simon Harris will bring a joint memo to Cabinet committing the Government to bring forward amendments to ensure that student-specific accommodation contracts are confined to the academic year.

[ Wife of Irish citizen trapped in Gaza says his life is in Tánaiste’s hands ]

It comes after a backlash against large institutional property companies which own student housing deciding to reverse policy on offering 41-week leases in line with the college year. The amendments will allow for exceptions where a student can initiate a request for an extended stay up to a maximum of 51 weeks.

Elsewhere, Minister for Health Stephen Donnelly will update Ministers on the 2024 waiting list action plan. He will tell the Cabinet that the rate of additions to the waiting list is projected to further increase beyond the levels experienced last year. In 2023, the rate was 8 per cent higher than targeted, and more than 12 per cent higher than in 2022. This year, the HSE is projecting that the rate of additions will be about 5 per cent higher than last year, Mr Donnelly will say. New targets for 2024 will aim for a further cut of 10 per cent for those waiting for care longer than goals envisaged under Sláintecare.

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