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Dáil
‹ Ceisteanna ó Cheannairí - Leaders' Questions

Gaza ceasefire and ICC referral

Summary

Deputy McDonald condemns Israel’s assault on Gaza and urges an immediate ceasefire and accountability through the International Criminal Court. The Taoiseach backs a ceasefire and aid access, rejects Sinn Féin’s ICC referral proposal as duplicative while promising extra ICC funding, and the exchanges become heated over interruptions and comparisons with Ukraine.

Israel's merciless military attack on the people of Gaza continues. The attack has killed more than 11,000 Palestinians, including more than 4,500 children and more than 3,000 women. A child is killed every ten minutes in full sight of the world. Gaza is a graveyard of innocent children. Israel's bombardment has destroyed Gaza's health infrastructure. Hospitals are running out of fuel and the electricity needed to power vital equipment. Maternity care and cancer care, all care, is decimated. As the wounded and dying pour in, hospitals try to keep going to the sound of gunfire, tank fire and air raids. Doctors on the ground have reported Israeli snipers targeting hospital staff and shooting people as they flee.

At Gaza's Al-Shifa hospital, doctors were forced to carry out surgeries, including c-sections and emergency amputations without anaesthetics, antibiotics or clean water. They have run out of the medicine required to treat children with the most horrific burns. People have bled to death because the hospital could not access fresh blood. Newborn babies died because incubators stopped working. Thousands of displaced Palestinians live on the corridors, the stench of decomposing bodies everywhere hanging in the air as testament to the horror inflicted on the people of Gaza. This is the hospital that Israel relentlessly besieged for days and then stormed last night. This is not defence. The Irish Government must refer Israel to the International Criminal Court. Israel must be held accountable. There must be immediate ceasefires. This is the only thing that will transform this horrific situation.

I am heartened by the news that Irish citizens are leaving Gaza via the Rafah crossing. I say also, that the hostages must be freed immediately. Yesterday, I met Tom, the father, and Natalie, the sister, of little Emily Hand. Their agony and trauma is unbearable. Emily will turn nine on Friday and she should be back with her family for her birthday.

Léiríonn an t-ionsaí ar ospidéal Al-Shifa arís go gcaithfidh Éire Iosrael a chur faoi bhráid an Chúirt Choiriúil Idirnáisiúnta. Tá an domhan ag rá "Stad" agus tá gá le sos cogaidh láithreach. The Taoiseach has rightly described Israel's actions as collective punishment and not self defence. He has also said that Israel's actions cannot be without consequence. I welcome that. However, he has not outlined what those consequences will be. Refusing to refer Israel to the International Criminal Court is a cop out and a dangerous one at that. It emboldens Israel in its violation of international law and its trampling on the human rights of Palestinians. Condemnation is not enough. The message has to be that Ireland will act when international humanitarian law is shredded and when a civilian, refugee population is slaughtered en masse by one of the most ferocious military forces on earth. I ask the Taoiseach to act. What consequences will Israel face for the atrocities it commits before the eyes of the world?

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Leo Varadkar The Taoiseach Fine Gael

I agree with the call for a ceasefire for reasons I have outlined in the past. If there is a ceasefire, it is important it be honoured by all sides, including Israel, Hamas, Islamic Jihad and other protagonists in this conflict. It would allow aid to get in, citizens of this and other countries to get out and perhaps for peace talks to begin.

In relation to the International Criminal Court, there is already an investigation under way. It has been under way for several years now. Referring Israel to the International Criminal Court at this stage, when an investigation is already under way, would be akin to reporting an alleged crime to An Garda Síochána several years into an investigation. It would simply have no practical effect or practical value. Also, the Deputy's proposal is flawed because it is to refer Israel to the International Criminal Court, and not the situation on the ground and that allows Hamas and Islamic Jihad off the hook. Perhaps that is the Deputy's intention. Perhaps it is an omission, but it is not-----

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Leo Varadkar The Taoiseach Fine Gael

-----the correct approach.

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Just talk to the people.

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Leo Varadkar The Taoiseach Fine Gael

Those are the two reasons the Government thinks Sinn Féin's proposal would be of no use and would be unbalanced. What we are going to do is to provide an additional €3 million to the International Criminal Court. This will be of practical assistance and help it to gather the evidence and to carry out any prosecutions necessary.

I reiterate the Government's condemnation, without equivocation, of Hamas's terrorist attack on Israel on 7 October, which began this phase of the conflict. They sought to kill and torture as many civilians as possible without any mercy. There is no equivalence and no excuse for that. They provoked and perhaps even hoped for what has followed. Three things have to happen now. Hamas should release all of the hostages, particularly the children, including Emily Hand, the Irish hostage, who we believe is being held in tunnels in Gaza at the moment. They should lay down their arms because they are a terrorist organisation. I hope Sinn Féin in the Deputy's reply will support me in both those calls. While Israel has a right to defend itself, this is not self-defence. This is collective punishment. This is disproportionate. It is wrong. That is why there should be a ceasefire immediately-----

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Leo Varadkar The Taoiseach Fine Gael

-----to be observed by all sides so the killing can stop, aid can get in, hostages can be released and our citizens can get out. We also need a new peace process, one that ensures Palestinians control Gaza once this phase of the conflict is over and one that is based on a two-state solution. We do not have agreement at EU level when it comes to much in relation to this conflict, but we do at long last have clear agreement from all EU member states that there should be a two-state solution.

For far too long, European countries and the European Union have been willing to aid the Palestinians and trade with the Israelis without pressing either side to do what it needs to do. When this phase of the conflict is over, we need a more active approach from the European Union, pushing for a two-state solution, saying to the Palestinians that we are not going to continue to give them aid if they do not respect democracy and human rights and crack down on terrorism, and saying to the Israelis that we are not willing to continue to trade with them in the way we do if they are not willing to be serious about a two-state solution and about allowing the Palestinians the right to have the state they need and deserve.

In terms of the Irish citizens the Deputy mentioned, I can confirm that a first group of Irish citizens and their dependants have been cleared to exit through the Rafah crossing into Egypt today. Arrangements are in place for staff from the Irish embassy in Cairo to meet them and to provide them with consular assistance and support, including onward travel back to Ireland. We expect additional Irish citizens and dependants in Gaza to be on the list in the coming days, and we are working tirelessly to ensure all those who wish to do so will be allowed to leave as soon as possible. The Government has been very active on this issue, particularly the Tánaiste and I. We have met the Palestinian Prime Minister, the Egyptian foreign minister and the Israeli ambassador. They all had a certain role to play in making today possible, and I want to acknowledge that.

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Not alone can I echo the call for a ceasefire and the release of hostages, but I remind the Taoiseach that I actually pre-empted his calls for those very things. There is no controversy on those matters. All the violence must stop now; not humanitarian pauses, not humanitarian windows, but a cease, a cessation, to all violent actions. I remind the Taoiseach that Israel is the dominant party in what is an asymmetrical conflict, to use the terminology, but let me ask him this, because he has used the terms "collective punishment" and "disproportionate" and said the actions are “not self-defence”, all of which are violations of international law. Israel does not care about international law.

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Deputies

Hear, hear.

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Why? Because Israel is never ever held to account. The Taoiseach is being very disingenuous as regards the International Criminal Court.

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No, he is not.

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When it came to Ukraine and Putin's violation of international law, there were, correctly, multiple complaints to the International Criminal Court. Why is Israel different? Why is it that the international community cannot the state the truth that the world has seen with its own eyes? As Palestinians are massacred, why is it that Israel cannot be held to account? The Taoiseach's own words reflect the damning analysis that Israel is in repeated violation of international law. This State, the Taoiseach's Government, can make a referral to the International Criminal Court and it should. It will enjoy the support of everybody in this Chamber and the entire country if it has the courage of truth and justice to take that action.

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Leo Varadkar The Taoiseach Fine Gael

I have explained the position. This is not the same as Ukraine. An investigation is already under way in respect of potential war crimes-----

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That was the case with Ukraine as well.

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Please.

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Leo Varadkar The Taoiseach Fine Gael

May I speak?

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I am just letting you know what the facts are.

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Leo Varadkar The Taoiseach Fine Gael

May I speak?

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You are wrong.

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The Deputy is not part of Leaders' Questions.

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Leo Varadkar The Taoiseach Fine Gael

It is a very clear and consistent approach from Sinn Féin towards the Government, towards other Opposition parties and towards the media, namely, to shout them down or sue them. This is a Parliament, this is a democracy and I am going to be heard.

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This is a serious issue.

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Leo Varadkar The Taoiseach Fine Gael

It is a serious issue, so may I be heard without being threatened with legal action or being shouted down? Would that be possible? This is still a democracy, Deputy, and I am not going to let you take away our democracy through your threats or your activities. I can guarantee you that. May I speak?

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This is absolutely pathetic.

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A Deputy

Fire ahead, there.

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Leo Varadkar The Taoiseach Fine Gael

Thank you. I have explained the situation very clearly. This is not the same as Ukraine because an investigation into potential Israeli war crimes in the Palestinian territories is already under way. That is the position. We support that investigation, we provide millions in funding to the International Criminal Court in order that it can gather the evidence and take prosecutions into the future, and I very much hope that happens.

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