A Government referral to the International Criminal Court (ICC) regarding Israeli attacks in Gaza “can be made by Ireland and it should be made”, Sinn Féin has told the Dáil.
The party’s spokesman for foreign affairs Matt Carthy said “there should be no excuses”.
The Cavan-Monaghan TD was speaking as his party put forward a motion calling for the Government to refer the “heinous acts” witnessed in Gaza to the ICC. The Government has put forward a counter-motion with a vote due to take place on Wednesday night.
Sinn Féin TD Chris Andrews said the “double standards” from Government were “absolutely sickening”.
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“There was no issue or problem referring Russia to the International Criminal Court. The hypocrisy is absolutely clear and unacceptable,” he said.
The Dublin Bay South TD said over the last 24 hours he had received thousands of emails from the public asking that “Ireland take a stand”.
“A stand against the horror, the genocide, the carpet bombing engulfing the Gaza strip,” he said. “From contacts there I’ve been told that dogs are starting to eat the corpses of the bodies in the rubble and it’s a never ending horror.
“We are witnessing genocide in Gaza. Today it’s Palestine, tomorrow it could be anyone.”
Minister of State at the Department of Foreign Affairs Sean Fleming said the Tánaiste had already outlined that an investigation by the ICC had been continuing since May 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. “This gives the court jurisdiction over any crimes committed within Palestine or by Palestine nationals outside of it, including in Israel.
“Let me repeat, the 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 of this year.”
Mr Fleming said he was therefore “surprised” at the text of Sinn Féin’s motion and Ireland referring the situation to the ICC would “simply repeat an action that is already being taken”.
“It would not progress the ongoing investigation any further,” he said.
The junior minister added a referral would “serve no legal purpose” and could also be viewed by some as attempting to politicise the court.
Mr Fleming also said to pursue the prosecutor could be interpreted by some as “to put pressure on the prosecutor into prioritising his investigation over another and possibly undermine the independent and impartial nature of both the prosecutor of the court”.
During Leaders’ Questions earlier, the Minister for Further and Higher Education Simon Harris said Israel’s original right to defend itself against Hamas had now become “a war on children and you cannot build peace on the mass graves of children”.
“It is unfortunate that a country has become blinded by rage,” he said.
People Before Profit TD Paul Murphy said he agreed with the minister’s remarks but asked “what is he [Mr Harris] going to do about it?”
“Simon Harris, tomorrow night, having said to the world this is a war on children, is going to come into the Dáil and is going to vote to say Ireland will not make a referral to the International Criminal Court for a war on children that is taking place,” he said.
The Dublin South-West TD said it summed up the “utter hypocrisy of the Irish Government on this issue”.
