Responsibility for the regulation of foreign aircraft landing or overflying the State is shared between Departments. The Minister for Foreign Affairs and Trade has primary responsibility for the regulation of foreign military and state aircraft, while the Minister for Transport leads on regulation of civil aircraft.
Under the terms of the Air Navigation (Foreign Military Aircraft) Order, 1952, all foreign military aircraft wishing to overfly, or land in, the State require diplomatic clearance from the Minister of Foreign Affairs and Trade. Diplomatic clearance is subject to strict conditions, including that the aircraft is unarmed; that it carries no arms, ammunition or explosives; that it does not engage in intelligence gathering; and that the flight in question does not form part of a military exercise or operation.
Since October 2023, diplomatic clearance has been granted on a small number of occasions for US military aircraft to land in Shannon for the specific purpose of transporting senior officials travelling from the United States to the Middle East. Stringent procedures for diplomatic clearance were followed in full on each of these occasions.
Furthermore, under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989, it is expressly prohibited for civil aircraft to carry munitions of war in Irish sovereign territory, without being granted an exemption to do so by the Minister for Transport.
Since October 2023, no applications have been received or exemptions granted to permit the carriage of munitions of war in Irish sovereign territory for a flight by a civil aircraft destined for a point in Israel.
The Department of Transport has been undertaking a detailed examination of the allegations made concerning alleged contraventions of Irish legislation relating to the carriage of munitions of war in Irish sovereign territory.
The Genocide Convention prohibits genocide and obliges its contracting parties to prevent it. In this context, Ireland has been unequivocal in calling for the full implementation of the binding preliminary measures issued by the International Court of Justice in South Africa’s case against Israel under that Convention and has promoted that message tirelessly with EU and international partners.