Ireland has formally joined South Africa’s genocide case against Israel at the International Court of Justice (ICJ), the court confirmed on Tuesday morning.
In a brief press release, the ICJ announced that Ireland submitted its declaration of intervention on Monday, aligning with several other nations, including Nicaragua, Colombia, Mexico, Libya, Bolivia, Turkey, the Maldives, Chile, Spain, and the State of Palestine.
Background of the case
The case was initially filed by South Africa in December 2023, accusing Israel of committing genocide during its military campaign in the Gaza Strip. Israel has consistently rejected these accusations, asserting that its actions are defensive and aimed at combating terrorism.
Ireland’s submission does not introduce new allegations against Israel. Instead, it focuses on the legal interpretation of genocide, specifically how intent can be inferred in such cases.
Ireland’s legal argument
Ireland’s declaration contends that the crime of genocide does not necessarily require the perpetrator to have an explicit purpose to commit genocide. Instead, it argues that intent can be inferred where a reasonable person would foresee that genocide is a “natural and probable consequence” of certain acts.
The document states:
“The crime may also be committed where a perpetrator – regardless of his or her purpose – knows (or should know) that the natural and probable consequence of these acts is either to destroy or contribute to the destruction of the protected group … and proceeds regardless.”
This argument underscores Ireland’s broader concern over the conduct of Israel’s military operations in Gaza, particularly the civilian toll and destruction inflicted.
Ireland’s growing criticism of Israel
Ireland’s intervention in the ICJ case is the latest development in a series of outspoken criticisms of Israel’s actions. Before the Hamas attacks on October 7, 2023, which left 1,200 people dead and 250 taken hostage, Ireland had already condemned Israeli policies in the occupied West Bank and Gaza.
Following these attacks, Israel launched a large-scale military campaign in Gaza. As of Tuesday, Gaza’s health ministry reported over 45,885 fatalities since October 7. Irish politicians and the public have expressed increasing alarm at what many perceive as a disproportionate response by Israel.
Diplomatic strains
Relations between Ireland and Israel have deteriorated significantly. In December 2023, Israel closed its embassy in Dublin, with Israeli Foreign Minister Gideon Sa’ar accusing Ireland of “antisemitic rhetoric” and crossing “every red line” in bilateral relations.
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Irish Prime Minister Simon Harris described Israel’s decision as “deeply regrettable,” highlighting Ireland’s commitment to criticising policies it views as unjust.
Historical and cultural ties
Ireland’s sympathy for the Palestinian cause is often linked to its history of subjugation under British rule. In Northern Ireland, Palestinian flags are frequently displayed in nationalist communities, symbolising solidarity with struggles against perceived oppression. Conversely, some unionist communities fly the Israeli flag as a counter-symbol.
Interestingly, Israel’s current president, Isaac Herzog, has Irish roots. His father, Chaim Herzog, a former Israeli president, was born in Belfast, and his grandfather, Isaac HaLevi Herzog, served as the Chief Rabbi of the Irish Free State before becoming Chief Rabbi of Israel.
The path ahead
The ICJ case represents a pivotal moment in international legal and diplomatic efforts to address the Israeli-Palestinian conflict. Ireland’s intervention adds weight to South Africa’s case and underscores the growing international scrutiny of Israel’s actions in Gaza.
Observers anticipate prolonged legal proceedings that could influence global perceptions and policies concerning the conflict. For Ireland, its involvement is a testament to its ongoing commitment to upholding international law and advocating for human rights.
