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Senior ministers concerned about effects of Occupied Territories Bill.

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Comments

  • Registered Users, Registered Users 2, Paid Member Posts: 27,954 ✭✭✭✭Peregrinus


    Doesn't matter. Israel is internationally legally responsible for acts perpetrated by the Israeli defence forces. That's how state responsibility works. Who ordered who to do what may matter internally, in Israel, if and when they get around to deciding what individuals should go to prison on account of those acts, but it has no bearing on Israel's international legal responsiblity.

    (This isn't a special rule for genocide; this is how state responsibility in international law generally works.)

    The relevance of cabinet ministers making comments indicative of genocidal intent is this: as defined in the Genocide Convention, the international crime of genocide has an intent element. It's not just a matter of genocidal acts; for the international crime of genocide to be established Israel also has to have the intent to destroy a national, ethnic, racial or religious group, in whole or in part.

    It's not necessary to show that the IDF has the required genocidal intent; just that Israel does. In Israel the executive power of the state is exercised collectively, by the government (just as the legislative power is exercised by the Knesset, and the judicial power by the courts).* So if we have members of the government making statements indicative of genocidal intent, that intent is attributed to the State of Israel, just as the acts of the IDF are attributed to the State of Israel.

    (Plus, you're seriously on the hind foot if you're arguing that Israel is not responsible for genocide because the Government of Israel is not in control of the IDF. Israel is supposed to be a democracy, remember; that's one of the reasons why people are encouraged to support it in its fight against Hamas, which is not. So you should think twice before advancing an argument that effectively concedes that democracy has broken down in Israel, and the army acts without restraint or accountability.)

    *[Which, incidentally, makes it wrong to say that Ministers other than the Prime Minister and the Minister for Defence have no responsibility for, or control over, the IDF. In Israel, as in most parliamentary democracies, the government is a collective body, with collective control and collective responsibility.]

    Post edited by Peregrinus on


  • Registered Users, Registered Users 2 Posts: 31,682 ✭✭✭✭blanch152


    Why did Micheal Martin call for changes in the definition of genocide to deal with the Gaza situation if he is so sure that Israel's actions are captured under the current definition?



  • Registered Users, Registered Users 2, Paid Member Posts: 27,954 ✭✭✭✭Peregrinus




  • Registered Users, Registered Users 2 Posts: 17,873 ✭✭✭✭nacho libre


    I see a poster has already comprehensively debunked this, but I will just add they take orders from Bibi, whose comments mirror those of both of them .So the IDF are pursuing the policies of Ben Gvir and Smotrich. I know you don't want to admit it but unfortunately for you Bibi has said it openly he want to implement Trump's plan. Will you now disingenuously try to argue that implementing said plan is not pursuing the objectives of Smotrich and Ben Gvir. Also you may not be aware of it but Ben Gvir is responsible for setting up a special forces unit in the West Bank to pursue his objectives there .



  • Registered Users, Registered Users 2, Paid Member Posts: 29,464 ✭✭✭✭_Kaiser_


    So today I saw several overpasses on the M7 decked out with "Occupied Territories Bill Now" and Irish/Palestine flags accompanied by the the inevitable supporters waving at traffic.

    Idiots.. Aside from being distracting to fast moving traffic, I still fail to see why "we" are so obsessed with a conflict that we have nothing to do with, no influence over, and which is frankly none of our business.

    As I said on the first page, if these supporters need a "cause", I can think of numerous domestic ones that could do with some more attention!



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  • Registered Users, Registered Users 2 Posts: 5,288 ✭✭✭Rubberchikken


    ^^ agree.

    There are plenty of issues this country's government needs to address and leave other countries to sort out their own mess.



  • Registered Users, Registered Users 2 Posts: 17,873 ✭✭✭✭nacho libre


    I presume you had simliar objections to Irish people protesting the war in Ukraine.

    Should the Irish Government have kept their nose out of that too ?



  • Registered Users, Registered Users 2 Posts: 17,460 ✭✭✭✭Galwayguy35


    Well yeah they should.

    This loser government seems to spend more time bladdering on about foreign wars rather than solving the problems we have here.

    Other countries just see us as annoying preachy idiots from a small little country who are nobodies on the world stage.

    Martin needs to STFU and do his job solving our issues



  • Registered Users, Registered Users 2 Posts: 685 ✭✭✭Bitcoin


    So people who are protesting the genocide of the Palestinian people are "idiots"?

    You might want to take long look into the mirror at yourself, pal.



  • Registered Users, Registered Users 2, Paid Member Posts: 29,464 ✭✭✭✭_Kaiser_


    Not at all. Your fake internet outrage is wasted on me I'm afraid.

    As I said at the start of this thread, I have sympathy for the victims on BOTH sides, but I feel no obligation or responsibility for the conflict and it's not something Ireland should be getting involved in frankly.

    I also know my history, and neither side are innocent in this conflict.



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  • Registered Users, Registered Users 2 Posts: 5,204 ✭✭✭political analyst


    Surely, a finding of guilt of genocide cannot be made solely on intent. What is preventing the ICJ from deciding right now whether the killing of civilians in the IDF operation is genocide or the incidental killing of civilians in war?

    Just because Ben Gvir and Smotrich or Eliyahu (who was suspended for "nuke Gaza" remark) say what's on their mind it doesn't mean that Netanyahu is letting them have their own way. Those 3 ministers are a minority of the Israeli cabinet.

    A minister's personal view is one thing - government policy is another. Therefore, a minister's personal view is not proof.

    I never claimed that the Israeli government was not in control of the IDF. Some IDF officers were dismissed for attacks in which World Central Kitchen charity workers were killed even though Ben Gvir and Smotrich opposed the dismissals. Therefore, Ben Gvir and Smotrich are not getting what they want.



  • Registered Users, Registered Users 2 Posts: 21,337 ✭✭✭✭Donald Trump


    You are free to start threads about these issues that you are concerned about, or add to existing threads on those issues.

    Nobody is forcing you to keep posting on threads on issues you claim not to care about.



  • Registered Users, Registered Users 2 Posts: 685 ✭✭✭Bitcoin


    You are an apologist for genocide.

    There are no both sides here. Women and children are being slaughtered en masse. History will remember the people who stood by or participated, and those who opposed it.



  • Registered Users, Registered Users 2, Paid Member Posts: 29,464 ✭✭✭✭_Kaiser_


    Actually, having a bunch of virtue signalling idiots distracting busy traffic on a motorway on a road that regularly sees accidents does concern me.

    Another question I'd ask is whether they got or need Garda approval to stand on bridges/overpasses waving at traffic? I know they're normally accompanied by Gardai when holding up the traffic in Cork at the weekend.

    What exactly do they think they're achieving with it, or all these marches at the weekends. Do they think the Israelis care? Do they think the Palestinians feel "seen" and cared about, or that either side even know about what's going on here?

    Also, if you read history you'll know that neither side are innocent victims (aside from the civilians caught up in the middle). That aside it's feck all to do with Ireland and we would be far better focusing on and highlighting our own problems if some people need a "cause" to shout about.



  • Registered Users, Registered Users 2, Paid Member Posts: 29,464 ✭✭✭✭_Kaiser_


    Again, this virtue signalling grandstanding is wasted on me, and the history you talk about will be just another chapter of a conflict going on for generations at this point. No one will care what Ireland did - it's unlikely to even be a footnote. We're just not that important nor influential.

    And again, neither side involved are innocent victims. The only victims are the civilians caught up in the middle as I said above.



  • Registered Users, Registered Users 2 Posts: 685 ✭✭✭Bitcoin


    "Neither side involved are innocent victims". That is except for the innocent Palestinian women and children that are being slaughtered in their tens of thousands to this very day.

    The fact that this argument is "wasted" on you (your own words) indicates a complete moral vacuum on your behalf.



  • Registered Users, Registered Users 2 Posts: 21,337 ✭✭✭✭Donald Trump


    Do you post as much on other topics you similarly don't care about? Go over to the TV forum and tell people they shouldn't be posting about the new series of Celebrity Love Dungeon or whatever because you aren't interested in it? Maybe some popstar that you don't care about was visiting Dublin and you don't care about that popstar and feel triggered that there were photos of kids in the paper holding up signs welcoming said popstar.

    The zionists sure do a lot of protesting against a piece of legislation they don't care about either. Perhaps it's a new trend to protest against things you don't care about? Well not exactly new, they've been doing it for 6 years at least —> Article from 2019 about a government who cancelled a trip in protest at a piece of legislation they don't care about.

    https://www.irishtimes.com/news/world/middle-east/israel-parliament-cancels-irish-trip-in-protest-at-goods-boycott-bill-1.3773165

    They never protested the enactment of the Aircraft Noise (Dublin Airport) Regulation Act 2019 so perhaps they just didn't not care enough about that one to cancel their visit?

    You see, it can be difficult to know whether people who make posts like yours genuinely have a complete lack of understanding or not. This is a domestic bill. The purpose of it is to control goods coming into Ireland where those goods are produced in contravention of International Law. It's purpose is not to make Palestinians/Japanese/Uruguayans/whatever happy. You guys seem to believe the purpose of a law in Ireland controlling entry of goods is to stop a genocide and then you get your knickers in a twist over that. It's hard to tell whether your "confusion" is real, or manufactured just to shout at a cloud. It's actually quite normal for restrictions to be placed on goods from a country when there are issues over human rights etc from those countries. Conditions related to same are actually - shock horror - written into trade agreements as a general rule where Western countries are involved.

    I hope that you recover soon from the trauma seeing people holding up signs about an issue you don't care about.



  • Registered Users, Registered Users 2, Paid Member Posts: 27,954 ✭✭✭✭Peregrinus


    No, intent is not sufficient to establish responsiblity for genocide. Intent is necessary, but not in itself sufficient. You also need acts.

    Here's the full definition from the Convention (emphasis added:

    In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

    (a) Killing members of the group

    (b) Causing serious bodily or mental harm to members of the group;

    (c) Deliberately inflicting on the group conditions of life calculated to bring about itsphysical destruction in whole or in part;

    (d) Imposing measures intended to prevent births within the group;

    (e) Forcibly transferring children of the group to another group.

    Since the proceedings here are against the state of Israel, we're looking at the acts and the intent not of Ben Gvir, or of Smotrich, or of Netenyahu, or of the IDF, but of the State of Israel itself.

    How do we attribute either acts or intent to a state? The principles of state responsibility (for all purposes, not just for the purposes of the Genocide Convention) are well-established. Here's a quote from the International Law Commission's Report on the Responsiblity of States:

    4. The conduct of any State organ shall be considered an act of that State under international law, whether the organ exercises legislative, executive, judicial or any other functions, whatever position it holds in the organization of the State, and whatever its character as an organ of the central Governmentor of a territorial unit of the State.

    An organ includes any person or entity which has that status in accordance with the internal law of the State.

    5. The conduct of a person or entity which is not an organ of the State under article 4 but which is empowered by the law of that State to exercise elements of the governmental authority shall be considered an act of the State under international law, provided the person or entity is acting in that capacity in the particular instance.

    So, as to the present proceedings:

    Acts of the IDF will certainly be attributed to the State of Israel. Israel will deny that the IDF has perpetrated any the acts that can consitute genocide; South Africa and others will argue that they have; the Court will decide, on the evidence before it whether they have or not. I doubt that Israel will waste much time arguing that it is not responsible for the acts of the IDF; if the IDF has commited any of the listed acts, Israel is certainly responsible for that, and it would look pretty desperate if it argued that it wasn't.

    So we turn then to the question of intent; does the State of Israel have the necessary intent? As you can see from the quote above, international responsibilty can be imputed to a state on the basis of acts (and "acts" here includes saying things) done by a person who is an "organ of the state" (e.g. the President, a governor, an ambassador, a judge — someone who in themselves embodies some aspect of the state or some aspect of state power/authority) or by a person who is not an organ but who, under law of the state, exercises elements of governmental authority.

    Israeli cabinet ministers are arguably organs of the state since, in Israeli, the cabinet collectively exercises the supreme executive authority. The counter-argument would be that the cabinet collectively is a state organ, but cabinet ministers individually are not. But, if cabinet ministers individually are not state organs, they are still people for whom the state is responsible under article 5 because they certainly exercise "elements of governmental authority".

    Plus, it will be argued that the utterances of cabinet ministers regarding actions of the government can be taken as indicating the mind not just of those individual ministers but of the cabinet in which they participate, unless the state decisively repudiates them, and the cabinet is an organ. To be honest, I think Israel's position on the intent issue would be much stronger if Ben Gvir, etc, has been immediately fired when they made the comments in question. When the defence forces of any state are controlled and directed by a government which includes men who express views like this, I wouldn't bet money on a court holding that those views are not to be imputed to the state.



  • Registered Users, Registered Users 2 Posts: 4,772 ✭✭✭Potatoeman


    If only Hamas cared as much about their own citizens as you then this wouldn’t be happening, but they crossed the border killed, tortured, murdered, raped and kidnapped civilians. They might want to return them and surrender if they care about their own people but they don’t so why should I?



  • Registered Users, Registered Users 2, Paid Member Posts: 27,954 ✭✭✭✭Peregrinus


    Because you're not so completely lacking in self-respect as to think that "no worse than Hamas" is an acceptable standard to which to hold youself?



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  • Registered Users, Registered Users 2 Posts: 4,772 ✭✭✭Potatoeman


    It’s a conflict half way across the world from me, I’ve as much sympathy for them as innocent Germans killed by allied bombings in ww2. Tibet has been occupied by China for sixty years, are we going to sanction them too?



  • Registered Users, Registered Users 2, Paid Member Posts: 27,954 ✭✭✭✭Peregrinus


    Yo're entitled to be as indifferent as you want to the violence, suffering, oppression and injustice that others suffer. What you are not entilted to do is to demand that others feel equally indifferent. Your indifference is not a basis for criticising actions taken by those who are not indifferent.

    And, of course, if you truly are indifferent to the suffering of others then you cannot possibly criticise Hamas for what they are doing; by your lights, the suffering they inflict is of no moral weight.

    All of which makes me wonder why you would bother to participate in the thread at all? I can't avoid the suspicion that you are not as indifferent as you claim (which, if so, would be to your credit).



  • Registered Users, Registered Users 2 Posts: 4,772 ✭✭✭Potatoeman


    Hamas are indifferent to their own peoples suffering and prolonging this conflict intentionally. They see it as a PR win. Hamas that actively encourages terror attacks in Europe. These are not our friends.

    Why would I not point out the double standards going on here, Chinas occupation of Tibet or the Sudan genocide. Not much attention there. silence is violence, right.



  • Registered Users, Registered Users 2 Posts: 12,926 ✭✭✭✭Red Silurian


    A look at recent history

    Iran-Iraq war - 500k killed - Silence

    Syrian Civil war - 600k killed - Silence

    Persecution of Uyghurs in China - over 1m detained - Silence

    Darfur Genocice - 300k killed - Silence

    Gaza War - less than 80k killed - Outrage, occupied territories bill, protests every weekend, misuse of the Irish flag

    Why?



  • Registered Users, Registered Users 2, Paid Member Posts: 27,954 ✭✭✭✭Peregrinus


    But you are also indifferent to their people's suffering — you said so yourself. You and they are pretty much on the same page, by all accounts.

    You say that Hamas encourage terror attacks in Europe. But I don't see the relevance of that; if you are indifferent to the suffering of people in the Middle East, you can hardly claim that the suffering of people in Europe is a huge issue.

    As for pointing to double standards, given your own position here pretty much the last thing you should do is start calling attention to anybody else's double standards.



  • Registered Users, Registered Users 2, Paid Member Posts: 27,954 ✭✭✭✭Peregrinus


    All these situations are different, obviously. One thing that leaps out is that, of all the countries involved in all the situations, Israel is the only one that is considered a democracy, and we may be more sensitive about democracies perpertrating atrocities.

    But there are other differences also. In the Iran-Iraq war, European governments did apply arms embargos; they continue to arm Israel. In the Syrian war there were also embargos and sanctions, and the US did intervene militarily to create/support safe zones; nothing like that has happened here. UN and AU troops did intervene in the Darfur genocide — up to 25,000 troops were deployed to create safe zones and provide shelter and food aid; there has been no analogous action in Gaza. Etc, etc. So if people in Europe seem more exercised about Gaza than about the other situations you mention, it may be that they are angry that the international community in general, and their own governments in particular, are doing less about Gaza than they did about those other situations.

    But the net point is that you can't credibly rebut opposition to an atrocity by pointing to another atrocity that encountered less opposition; in fact you have to be pretty desparate to take this line. The implicit argument, essentially, is that complete indifference to all atrocities is a more morally praiseworthy stance that objecting to some atrocities. You only have to say that out loud to realise what a deeply, deeply unattractive position it is.



  • Registered Users, Registered Users 2 Posts: 12,926 ✭✭✭✭Red Silurian


    So because Israel is a democracy we shouldn't show support for it? I'm not sure I understand that logic to be honest… Should we not be supporting fellow democracies over states run by terrorists?

    There's the obvious that nobody seems willing to discuss, the dirty 3 letter word that's staring us in the face.

    Look across all the other atrocities I listed, what do Iran, Iraq, Syria, Sudan all have in common. They are all major oil exporters. China produces nearly everything else. Saudi Arabia should get an honourable mention but keep quiet about what they did to Yemmen that time.

    Focus on the one country we have minor trade with, that will show them!

    Housing crisis? What housing crisis? Nobody mentioned a housing crisis, look Israel bad again!



  • Registered Users, Registered Users 2, Paid Member Posts: 27,954 ✭✭✭✭Peregrinus


    So because Israel is a democracy we shouldn't show support for it? I'm not sure I understand that logic to be honest…

    The logic is that we hold democracies to the standards that they profess.

    Perhaps you can argue that we shouldn't. But, in my observation, we often do. And that would explain why people are more upset about atrocities perpetrated by Israel than atrocities perpetrated by, say, Assad's Syria.



  • Registered Users, Registered Users 2 Posts: 31,682 ✭✭✭✭blanch152


    Differences work both ways.

    In all of the cases cited, sanctions were imposed collectively by the international community or by a group of countries.

    In relation to the subject of this particular thread, Ireland is seeking to impose sanctions unilaterally.



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  • Registered Users, Registered Users 2 Posts: 12,926 ✭✭✭✭Red Silurian


    Maybe it's just me, but I find it a bit strange for people to be more upset about 80,000 people being killed than 600,000. Obviously Israeli oil exports are much lower than Syria's so maybe it's a combined effort to keep an oil provider happy?

    I'd argue we should be supporting Israel in finding the hostages and ending Hamas rule in Gaza once and for all. Also we should perhaps take figures that come from Hamas with a pinch of salt, they are, after all, terrorists, who enjoy watching their people die



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