‘Very Narrow Interpretation’: Ireland Joins South Africa’s Case Against Israel But Wants Different Definition of Genocide

Latest Developments

• Ireland Joins South Africa’s Baseless ICJ Case: The government of the Republic of Ireland gave approval on December 11 to formally join South Africa’s case at the International Court of Justice (ICJ) in The Hague accusing Israel of committing “genocide” as part of its military operations against Hamas in the Gaza Strip. Ireland will also urge the court to develop and use a broader definition of the term “genocide.” Irish Foreign Minister Micheal Martin said, “By legally intervening in South Africa’s case, Ireland will be asking the ICJ to broaden its interpretation of what constitutes the commission of genocide by a State.”

• Redefining Genocide to Prove It: Under the 1948 Genocide Convention, genocide is defined as one of several specified acts “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such.” The threshold of proof for a genocide accusation is very high. The ICJ has required that in order for the court to infer the existence of genocidal intent from a pattern of conduct, the evidence must be “persuasive and consistent,” and genocidal intent must be “the only inference that could reasonably be drawn from the acts in question.” In its December 4 report labeling Israel’s war against Hamas in Gaza a genocide, Amnesty International admitted that its determination that Israel was committing genocide was based on its own redefinition of the crime. Amnesty complained that the actual definition is “overly cramped.”

• Ireland Sides With Israel’s Enemies: In May, in the wake of Hamas’s October 7, 2023, attack on Israel, Ireland joined Norway and Spain in officially recognizing a Palestinian state, with Irish Prime Minister Simon Harris saying that the move “sends the Palestinian people a message of hope that … Ireland stands with them.” In July, Irish President Michael Higgins sent a letter congratulating Iran’s new President Masoud Pezeshkian, claiming that Iran played a “crucial role” in the search for peace in the Middle East.

FDD Expert Response

“Israel is clearly not committing the crime of genocide, as defined by the 1948 genocide treaty. So now, both Ireland and Amnesty are seeking to create a new, bogus definition of genocide in order to find Israel guilty of it. In doing so, Ireland and Amnesty are proving that they are motivated by hatred of the Jewish state rather than by allegiance to the rule of law. They are also making a mockery of international law, the ICJ, the genocide treaty, and the victims of actual genocides.” — Orde Kittrie, Senior Fellow

“In its response to the slaughter perpetrated by Hamas in Israel on October 7, 2023, Ireland has deservedly developed a reputation as one of the most antisemitic countries in the world, with politicians and activists alike promoting crudely anti-Jewish tropes as the government relentlessly undermines Israel’s right to defend itself. The new U.S. administration should leverage our country’s traditionally warm ties with Dublin to secure a change of course.” — Ben Cohen, Senior Analyst and Rapid Response Manager

“Rather than adjust its biased views to the facts on the ground, Ireland is seeking to redefine genocide to have it apply to Israel. Israel’s detractors want to wield the accusation of genocide as a weapon without the burden of proving the charge. Ireland and others hope that people will focus on the charged word and not realize that it has been emptied of its meaning.” — David May, Research Manager and Senior Research Analyst