Ireland Demands ICJ Broaden Interpretation of 'Genocide' to Apply to Gaza

Wednesday, 8 January 2025 | Ireland on Monday filed a declaration of intervention in the ongoing International Court of Justice [ICJ] case examining allegations Israel is committing genocide in the Gaza Strip.

 The Irish government invoked Article 63 of the ICJ Statute and submitted its intervention to the court’s registry in The the Hague.

The Irish national broadcaster RTE reported in December that the Irish government had approved the proposal to intervene in the case.

Micheál Martin, the deputy premier and minister for defense and foreign affairs, told RTE that he was essentially asking the court to broaden its interpretation of “genocide” so that it would include what is taking place in Gaza.

The case, originally filed by South Africa on December 29, 2023, alleges violations by Israel of its obligations under the Genocide Convention regarding Palestinians in the Gaza Strip. The court has already issued several provisional measures, including an initial order in January 2024 and additional measures in March and May 2024, following South African requests.

In its provisional ruling, the court insisted that Israel take all necessary means to prevent actions that could lead to genocide, and dismissed a demand that residents of Gaza’s north be allowed to return. 

On March 28, the ICJ approved additional measures, ruling that the IDF must ensure Gaza residents are given access to additional food, clothing, sanitation and medical assistance. The ICJ also demanded that Israel increase the number of land crossing points into Gaza for supplies.

 In mid-December, Israel’s Foreign Minister Gideon Sa’ar ordered the Israeli embassy in Dublin shuttered amid Ireland’s hostile stance toward the Jewish state. He later denounced the Irish Prime Minister Simon Harris as an antisemite.

Ireland joins a growing list of nations that have formally intervened in the ICJ proceedings.

 Under ICJ procedures, both South Africa and Israel will now have the opportunity to submit written observations regarding Ireland’s intervention as prescribed by Article 83 of the Rules of Court. The court’s interpretation of the Genocide Convention in this case will be legally binding on all intervening parties.