All States have a legal obligation to prevent genocide. The International Court of Justice has clarified that this is an obligation of conduct, not result, and that a State’s obligation in any given case will depend on its capacity to influence effectively those whose actions may lead to the commission of genocide. The Court recognised that this capacity to influence itself depends on several factors, including the geographical distance of the State concerned from the scene of the events, and the strength of the political links between the authorities of that State and the main actors in those events.
The Government is extremely concerned at the appalling scenes we continue to witness from Gaza. Ireland has continuously sought to influence events in Gaza by repeatedly calling for an end to hostilities there. We have condemned the resumed Israeli airstrikes and ground operations, which have brought fresh suffering to the people there. We have again called for the unimpeded delivery of humanitarian relief at scale.
The Government has also filed Declarations of Intervention at the International Court of Justice in both The Gambia’s case against Myanmar and South Africa’s case against Israel under the Genocide Convention. In these Declarations, Ireland has argued for an interpretation of that Convention that requires the highest standards of behaviour from those involved in armed conflict or otherwise engaged in the use of force, specifically to prevent the commission of genocide.