Tipperary Palestine groups welcome council support

North Tipperary groups supporting the Palestinian people have welcomed the passing of two motions at this month’s sitting of Tipperary County Council.

The motions were put forward by councillors Seamus Morris and Pat English.

They call on the government to take legal action against Israel for the ongoing bombardment of Gaza and attacks in the West bank. Nenagh Friends of Palestine and Cloughjordan Palestine Justice said in a statement to the Tipperary Star:

“The Nenagh Friends of Palestine and Cloughjordan Palestine Justice enthusiastically welcome Cllr Seamus Morris’ motion, which underlines Tipperary’s support for Palestine and decries the inhumane suffering of the people of Gaza and the West Bank.

“We reiterate his call on the Irish government to take the firm actions specified in the motion.

“We would like to express our appreciation to all councillors who supported this, including Cllr Joe Hannigan, who seconded it.

We would also like to acknowledge and support Cllr Pat English’s call to support South Africa’s case in the ICJ.”

MOTION ONE:ICC

The first motion was put forward by Cllr Seamus Morris and to refer Israel’s actions in the region to the International Criminal Court.

“This council is requesting that Ireland should also exercise our right as a state party to the Rome Statute of the International Criminal Court to refer the actions in Palestine and Israel to the Prosecutor of the court for the purpose of requesting an investigation into any acts of war crimes, crimes against humanity and genocide that have occurred in Gaza over recent months.

“We further support the growing call to invoke the Genocide Convention. That Tipperary County Council re-echoes the call of Dublin Local Authorities in formally supporting the Boycott, Divestment, and Sanctions Movement (BDS) against apartheid Israel, as a peaceful campaign for change.

We therefore call for the enactment of the Control of Economic Activity (Occupied Territories) Bill 2018 and the Illegal Israeli Settlements Divestment Bill 2023 as a matter of urgency.

As the motion passed, it will now be referred to Taoiseach, Leo Varadkar and Tainiste, Minister of Foreign Affairs and Defence Micheál Martin.

The OCCUPIED TERRITORIES BILL

The Occupied Territories Bill would ban trade between Ireland and Israel’s illegal settlements in the West bank. It would not ban trade between Ireland and the state of Israel, only those settlements deemed illegal under international law.

The bill was put forward in 2018 by Senator Francis Black and passed both the Seanad and the second stage in the Dail.

It has remained stalled since then.

MOTION TWO: ICJ

The second motion was put forward by Cllr Pat English and reads:

“That Tipperary County Council request the Irish Government to support South Africans case against Israel under the genocide convention before the International Court of Justice.

“Ireland must offer a meaningful stance against the horrors being inflicted on the people of Gaza by the Israeli Government and the denial of basic necessities of adequate water, food, electricity, shelter, medical care and supplies which are also being withheld by Israel.”

As this motion passed, it will also be referred to Taoiseach, Leo Varadkar and Tainiste, Minister of Foreign Affairs and Defence Micheál Martin.

WHAT IS THE DIFFERENCE BETWEEN THE ICJ AND THE ICC?

Both motions at Tipperary County Council referenced two courts at the Hague. Sometimes a sitting before either court is simply referred to as “before the Hague.”

But, both courts serve different purposes and are governed by differnet bodies. Their role in the enforcement of international law is also very different.

International Court of Justice

The International Court of Justice, or the ICJ is a civil court that sits in the Peace Palace in the Hague.

It has jurisdiction over 193 countries and consists of a panel of 15 judges that represent different regions of the world. Those judges are put forward by their home countries, elected by the UN General Assembly and the UN Security Council and sit for a nine year term.

It’s role is to hear disputes between recognised states and issue legal advisories. Up to two judges ad hoc may be appointed if one or all of the parties to a dispute are not represented on the panel.

As the ICJ only deals with disputes between recognised states groups like Hamas cannot be brought before the ICJ. Nor can the Palestinians bring their own case. That is why South Africa recently intervened and why Ireland is being called on to provide support.

International Criminal Court

The International Criminal Court, or the ICC, investigates and tries crimes such as genocide, war crimes, crimes against humanity and the crime of aggression.

Unlike the ICJ, the ICC investigates and tries individuals, not states. But a state party can refer an individual to the court.

It is governed by the Rome Statute 1998, which has 123 state parties and is called a “court of last resort.”

The ICC also sits in the Hague but not part of the UN. However, it does have a close relationship with the UN and assists with investigations.

The ICC has 18 judges, a president and two vice presidents.