Matt Carthy (Cavan-Monaghan, Sinn Fein)
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5. To ask the Minister for Foreign Affairs and Trade the actions Ireland will take in the event that the International Criminal Court, ICC, issues arrest warrants for Israeli ministers or officials. [27474/24]

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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It is phenomenal, but the chief prosecutor of the ICC has indicated that he is seeking arrest warrants for the Prime Minister and the defence minister of a state, namely Israel, with which we have preferential trading, economic and diplomatic relationships. What actions will Ireland take in the event that the court issues those arrest warrants for the aforementioned ministers?

Micheál Martin (Cork South Central, Fianna Fail)
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As the first permanent international court with the power to prosecute international crimes, the ICC has a crucial role to play globally in fighting impunity for atrocity crimes. The court provides a means of bringing to account the perpetrators of these crimes. In this way, it promotes and upholds the international rule of law and contributes to the cause of international peace and justice. Ireland has consistently valued the vital role played by the ICC and has provided strong political, moral, practical and financial support to it since it was established.

The situation in Palestine was first referred to the court prosecutor in 2018. The pretrial chamber confirmed the jurisdiction of the court in 2021 and the prosecutor then opened his investigation into the situation in Palestine. That investigation continues and covers any crimes committed from or in Gaza during the conflict that began there on 7 October.

On 20 May, the ICC prosecutor announced that he had applied to the pretrial chamber for arrest warrants in respect of the situation in Palestine, including warrants for the leadership of Hamas and Israeli Prime Minister Netanyahu and defence minister Gallant. The chamber’s decision remains pending.

As with any case, if, in due course, Ireland were to receive a request for the arrest and surrender of a person who is subject to an ICC arrest warrant, it will be dealt with here under the relevant provisions of the International Criminal Court Act 2006. In this context, let me emphasise the critical importance of respecting the independence and impartiality of the ICC. The Government and I have condemned all recent threats against the court and its officials. It is essential that they be allowed to carry on with the tasks entrusted to them under the statute.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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I welcome the Tánaiste's response. He will know that I have been somewhat sceptical and concerned about the apparent slowness of the ICC investigation into what has happened in Gaza in comparison with the apparent haste with which other investigations have proceeded, particularly to the point where arrest warrants were issued.

I agree with the Tánaiste's remarks regarding the need to respect the independence and impartiality. I also agree with him in the context of condemning any threats against the court or its officials from any quarter. It is important, therefore, that we be unequivocal in saying that if the court issues arrest warrants and should any state, particularly the State of Israel, fail to comply, we will take action. Of course, we must ensure the arrest of any person in respect of whom an arrest warrant is issued should they enter the Irish jurisdiction and of any individual who gives them cover. Would there be implications beyond the individuals concerned, in other words, for states which protect those individuals in circumstances where-----

Catherine Connolly (Galway West, Independent)
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The Tánaiste to reply.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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Do I need to clarify what I was about to say?

Catherine Connolly (Galway West, Independent)
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The Deputy will get a chance to come back in.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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Obviously, there are arrest warrants for individuals-----

Catherine Connolly (Galway West, Independent)
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No. We are way over time.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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-----but for those who are protecting those people, would there be implications from an Irish perspective?

Micheál Martin (Cork South Central, Fianna Fail)
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This is challenging for the court. We have long been supportive of the court. Ireland committed additional voluntary funding to the ICC of €3 million to assist it in its work across all situations, including with regard to Palestine. At the Munich security conference earlier this year I met the ICC prosecutor in respect of the challenges the prosecutor and the team face. Ireland also made a voluntary contribution of €3 million to the ICC in 2022. We also make an annual assessed contribution, which this year will be €1.5 million. The ICC needs those resources to pursue cases.

The independence of the court is extremely important. Some countries are not signatories to the court and do not accept its jurisdiction. We do accept its jurisdiction and were one of 93 states party to the Rome Statute to make a joint statement this month reaffirming unwavering support for the court as an independent and impartial judicial institution.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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These are challenging times and the ICC faces a challenging situation. It also must be a challenging time for the European Union. I do not know if the EU has ever had a preferential association arrangement with a state whose civilian and military leadership are the subject of ICC arrest warrants. The question has to be asked of European and, indeed, Irish leaders as to how it came to pass that we would have these types of preferential arrangements with a state in respect of which the ICC has, reluctantly perhaps, is advocating the issuing of arrest warrants. We have to outline that this is a serious game-changer in terms of the relationships we have with the State of Israel.

I ask again for the Government to undertake a whole-of-government review, Department by Department, to identify potential sanctions that are within our competency to impose in order to send out a very clear message that not only do we abhor Israel's breaches of international law but that we will also ensure that there are consequences for same.

Micheál Martin (Cork South Central, Fianna Fail)
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The EU is quite steadfast and strong in supporting the ICC and in respecting its independence. That was again very evident at the Foreign Affairs Council meeting on Monday. I make the point that, as the Deputy knows, the application for arrest warrants in respect of Prime Minister Netanyahu and defence minister Gallant has elicited a very negative reaction from Israel and the United States. As a direct response, on 3 June the US House of Representative passed the Illegitimate Court Counteraction Bill, which requires that the President impose sanctions on any foreign person and their immediate family members or legal entity that engages with or materially assists the ICC in its investigations. I urge the Deputy and his party to engage with any contacts they may have on Capitol Hill in the US and urge them to refrain from taking this action, which would lead to the independence of the court being terribly undermined. There is a long way to go before that happens. The ICC has called on European member states to implement and apply the EU's blocking statute in respect of the Bill. The blocking statute was last adopted in 1996 in response to US secondary sanctions on Cuba, Iran and Libya. We need to be very vigilant in respect of this matter because the independence of the ICC is essential.