Motions calling for removal of Israeli ambassador and ICC referral defeated in Dáil

Opposition motions calling for the withdrawal of the diplomatic status of the Israeli ambassador in Ireland and for the Government to refer the Israeli attacks in Gaza to the International Criminal Court (ICC) for investigation have been defeated in the Dáil on Wednesday night.

Countermotions put forward by the Government passed comfortably and included strongly condemning the attack by Hamas on the people of Israel on October 7th and “deplores the escalation of violence in Israel and the occupied Palestinian territory since then”. They also expressed “deep concern at the catastrophic humanitarian situation” in Gaza.

The Government’s countermotion to Sinn Féin’s motion calling for Ireland to refer Israel for its actions in Gaza to the ICC passed by 80 votes to 60.

The Government’s other counter motion to the Social Democrats’ motion calling for the withdrawal of the diplomatic status of the Israeli ambassador in Ireland passed by 85 votes to 55.

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The Taoiseach, Tánaiste and various ministers have repeated in recent days that an investigation by the ICC has been ongoing since May 2021.

The investigation covers all crimes within the jurisdiction of the court, including war crimes and crimes against humanity, alleged to have been committed since 2014. The court has jurisdiction over any crimes committed within Palestine or by Palestine nationals outside of it, including in Israel.

Taoiseach Leo Varadkar said on Wednesday that referring Israel to the ICC at this stage would be “akin to reporting an alleged crime to the gardaí several years into an investigation”.

“It simply would have no practical effect or practical value,” he said.

The Fine Gael leader has also previously said that when you expel an ambassador “you disempower yourself” and that it was not “a common-sense approach”.

Mr Varadkar said it was important to have “some line of communications open”, adding “that’s why we have ambassadors”.

Speaking on Wednesday, Sinn Féin leader Mary Lou McDonald said refusing to refer Israel to the ICC was “a cop out and a dangerous one at that”.

Ms McDonald said that Israel did not care about international law and it was “never ever, ever held to account”.

Social Democrats leader Holly Cairns said while Ireland has not been found wanting when it comes to “words of support” for the Palestinian people, in “the face of impending genocide, words are not enough”.

Ms Cairns said “we must take action now, before it is too late”.

She added that her party’s call for the expulsion of the Israeli ambassador was not something they did “lightly” while also pointing out a number of Government TDs, including former and current junior ministers Charlie Flanagan, Neale Richmond and Jennifer Carroll MacNeill, had all advocated for the expulsion of the Russian ambassador last year.

More than 1,000 people protested outside Leinster House in support of the opposition motions.

Many in the crowd were waving Palestinian flags, there were calls for the expulsion of the Israeli ambassador, and chants of “free, free Palestine” and “from the river to the sea Palestine will be free”.

People Before Profit TD Richard Boyd Barrett was among TDs to address the crowd.

He called on people to join a protest on Saturday and for “the biggest demonstration that we have seen in a generation on the streets of Dublin”.

He also said: “We need to bring this country to a standstill until this massacre stops.”