Ireland urges ICJ judges to take broad view on definition of genocide in Gaza

UN's highest court hears new submission on war as Britain says recognition of Palestinian state must be negotiated first

Judges on the International Court of Justice will consider whether Israel's actions in Gaza amount to a genocidal campaign or self-defence. AFP

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Ireland has intervened at the UN's highest court to tell judges they should take a broad view of what constitutes genocide when they consider Israel's actions in Gaza.

Lawyers for Ireland said Israeli forces could be guilty of genocide even if their actions were not “exclusively intended” to destroy Palestinian life. They told the International Court of Justice that Israel's intent to defeat Hamas militarily did not rule out that it has a second, genocidal goal.

A finding of genocide requires “intent” but Ireland believes this can be presumed if “a reasonable person would have foreseen” the deadly consequences of their actions, lawyers said. They said judges could establish intent from “indirect or circumstantial evidence” of what Israel planned to do in Gaza.

The 27-page submission published on Tuesday is Ireland's latest diplomatic effort in the conflict after it recognised a Palestinian state and urged the EU to reconsider trade ties with Israel. Israel last month announced the closure of its embassy in Ireland, accusing Dublin of having “crossed every red line”.

South Africa brought the allegation of genocide before the court last year, saying Israel had waged a campaign to “impose conditions on Gaza that cannot sustain life”. Israel responded claiming it was acting in self-defence and blaming Hamas's urban warfare tactics for the high civilian casualty rate.

More than a dozen countries plan to weigh in to give the court their interpretation of genocide law, with Ireland offering a 27-page submission signed by its ambassador in The Hague, Ann Derwin. It may be years before judges deliver a verdict on whether Israel's conduct amounts to genocide.

“It is essential to assess whether the foreseeable and probable consequences of the conduct concerned will lead to the destruction of the protected group,” Ireland's submission said. “Where such destruction is the reasonably foreseeable result, it is a strong indicator of the existence of a genocidal plan or campaign.

“The human mind can of course accommodate and act upon more than one intention,” Ireland's submission says. “It is perfectly possible that a pattern of conduct, upon examination, could point to two separate intentions, only one of which is genocidal.”

Even a relatively small death toll would “not necessarily reduce cause for concern” if killings took place as part of a wider campaign against the target group, Ireland said. Authorities in Gaza say about 45,900 people have been killed and 109,000 wounded out of a population of 2.3 million in the enclave.

Last month, Israel accused Ireland of anti-Semitic rhetoric and “demonisation of the Jewish state” as it announced the closure of its embassy. Among its grievances was Ireland's recognition of the state of Palestine, which led to a Palestinian ambassador, Jilan Abdalmajid, being posted to Dublin.

On Tuesday, Britain said that a two-state peace settlement would have to involve “serious negotiations” between Israelis and Palestinians, but rejected the view that this would give Israel a “veto” over a Palestinian state.

Middle East Minister Hamish Falconer said it was “a fact of reality that both states would need to work side-by-side”. He said Britain saw a “sovereign, viable Palestinian state, alongside a safe and secure Israel” as conditions for recognising both states.

Layla Moran, the first British MP of Palestinian heritage, told parliament of a family “slaughtered overnight” by a precision drone strike as she compared life in Gaza to the dystopian film The Hunger Games. Mr Falconer said ministers “have these people in our mind each and every day”.

He said there was “a disagreement between the British and Israeli governments about the conduct of the war in Gaza and the humanitarian implications that flow from it”. The UK “will continue to make that disagreement clear through all channels”, he said.