Humanitarian Law Violations in Gaza

Question No. 349

Parliamentary Question – Oireachtas

To ask the Minister for Foreign Affairs and Trade if he is aware of the recent  report produced by Defence for Children International titled Operation Protective Edge A War Waged on Gaza’s Children and the alarming evidence of international humanitarian law violations committed by Israeli forces, including direct attacks on children, the disproportionate attack on civilian homes, schools and residential areas, and so on, and where 164 children were killed in drone attacks during Israel’s assault on Gaza; if the Government will place an immediate arms embargo upon the State of Israel in view of this evidence, and in defence of children who are especially vulnerable to humanitarian law violations; and if he will make a statement on the matter.
– Thomas Pringle.
* For WRITTEN answer on Tuesday, 28th April, 2015.
Ref No: 16706/15 Proof: 569

REPLY

During my recent visit, I witnessed at first hand the devastating human and physical impact of the 2014 conflict in Gaza. I met with victims of the conflict, including a father who had lost a child.  I have also repeatedly condemned the excessive use of military force by Israel in Gaza both during and after the conflict, and also stated clearly that both Israel and Hamas were disregarding the effects of their actions on innocent civilians, including children. As I said to the Seanad in my speech last July, “any use of military force in self defence must be in accordance with international humanitarian law, and in particular must be both discriminate and proportionate. In view of the unacceptable casualty figures, it is quite clear this has not been the case”.

The Department of Jobs, Enterprise and Innovation is responsible for controls on the export of military items from Ireland. Under Irish law, military export licences have to be sought in respect of the goods and technology, and any components thereof, listed in the Annex to the Control of Exports (Goods and Technology) Order, SI.216 of 2012 which reflects the EU Common Military List.

The EU Common Military List includes military goods and technology, and components for such items that should be licenced for export from the Union. Items which are classified as “military goods” from an export control perspective and which are exported from Ireland involve components for inclusion in, rather than finished military equipment. Components licensed for export are generally exported to manufacturers and systems integrators before being sent to the final end-users.

The Department of Jobs Enterprise and Innovation consults with my Department in respect of all military export licence applications.  All military licence applications are subject to rigorous scrutiny, and are considered in the light of the spirit and objectives of the 1998 EU Code of Conduct on Arms Exports.  This Code, which was subsequently adopted in 2008 as an EU Common Position, seeks to safeguard, among other concerns, regional stability and human rights.

Eleven licences for the export of Military List items to Israel have been issued from 2011 to date. No licences for the export of Military List products to Israel have been granted since the end of the first quarter of 2014.

All applications received for the export of Military List items to Israel are very carefully assessed, on a case-by-case basis, having regard to the end use and the end user and against well-established criteria.

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