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Government accused of 'double standards' over Israel

The Dáil is to vote on the motion tomorrow
The Dáil is to vote on the motion tomorrow

The Government has been accused of "double standards" for not referring Israel to the International Criminal Court (ICC).

Sinn Féin tabled a Private Members' Motion in the Dáil this evening as the conflict in the Middle East continues.

Deputy Matt Carthy opened the debate by quoting from two recent accounts given by doctors based in Gaza, and described a rise in the number of children being classified as WCNSF - wounded child, no surviving family.

He urged the Government to refer Israel to the International Criminal Court "in response to cries from Gaza".

Mr Carthy said his party’s motion "sets out simply that Ireland should use our voice by referring these heinous acts to the International Criminal Court".

He attacked a counter motion from the Government, saying it "doesn’t set out a single argument as to why it can’t make this referral, only the excuses as to why it won’t".

The counter motion, in the name of Tánaiste and Minister for Foreign Affairs Micheál Martin, condemns the attack by Hamas on the people of Israel on 7 October.

It also deplores the "escalation of violence in Israel and the Occupied Palestinian Territory since then, particularly the killing of innocent men, women and children, the taking of hostages, the destruction of civilian infrastructure and the mass displacement of civilians".

It notes that the ICC announced the opening of an investigation into the situation in Palestine, including Gaza, the West Bank and East Jerusalem in March 2021, which will cover recent events.

Mr Carthy told the Dáil: "A referral to the ICC can be made by Ireland and it should be made. There should be no excuses.

"The Sinn Féin motion should be adopted unanimously as a response from Ireland to the obscenity that is WCNSF - wounded child, no surviving family."

Matt Carthy urged the Government to refer Israel to the International Criminal Court

Speaking on behalf of the Government, Minister of State at the Department of Foreign Affairs Seán Fleming said ministers had earlier today decided to make a voluntary contribution of €3 million to the ICC.

He said that contribution is in response to the "urgent need of the court".

"Ireland is a consistent and strong supporter of the court, and of its independence and impartiality.

"The International Criminal Court has confirmed unambiguously that the ICC has jurisdiction over the current situation that we see unfolding."

Mr Fleming said that a current investigation into the situation in Palestine - including Gaza, the West Bank and East Jerusalem - covers war crimes and crimes against humanity.

He also said that he was "surprised" at the text of the motion proposed, saying for Ireland to refer the situation to the ICC would "simply repeat an action that is already has been taken".

"It would not progress the ongoing investigation any further. It is not clear to me therefore what the intention of this motion."

The minister added that to make the referral "would serve no legal purpose", and "could also be viewed by some as attempting to politicise the court".

"As such the Government is instead tabling a counter motion … (which) clearly expresses Ireland’s unwavering support for the vital work of the International Criminal Court."

Sinn Féin TD Chris Andrews accused the Government of "double standards", pointing to Ireland’s action in 2022, joining with 37 other countries to refer a case against Russia to the court.

"The hypocrisy is absolutely clear," he said.

Voting on the motion and the Government's counter motion is to take place tomorrow.

There have been calls on the coalition TDs a free vote tomorrow and on another Middle East-related motion this week.

People Before Profit Deputy Bríd Smith said the Government parties should lift the whip, describing it as a matter of conscience.

The Labour Party has confirmed that it will back the two opposition motions, while Social Democrats TD Gary Gannon said it is time that Israel was met with international consequences for its actions in Gaza.

As tens of thousands of emails were sent to TDs on the issue in recent days, the Government insists that diplomatic relations must be maintained.

'You cannot build peace on the mass graves of children,' Simon Harris told the Dáil (Pic: RollingNews).ie

Earlier, speaking during Leaders' Questions, Minister for Higher Education Simon Harris described the situation as "the most serious and important of issues of our time and in our world today".

He accused Israel of being involved in a "war on children".

Mr Harris described the Hamas attack as "despicable" and said Israel had a right to defend itself.

But he said that original right had become a "war on children" and that Israel was a country "blinded by rage".

"There is absolutely no doubt that what Hamas did was despicable, we've all condemned it. It deserves absolute condemnation. It was an act of terror on the people of Israel. It should be condemned, and Israel had a right to defend itself.

"But that right to defend itself has now become in my view 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".

Additional reporting Mícheál Lehane