The Irish Government has been threatened with legal action if it does not move to end the reported use of Irish airspace to fly weapons to Israel.

It has also been called on to suspend all military and dual-use trade with Israel.

The threat of a judicial review in Dublin’s High Court comes after the International Court of Justice’s advisory opinion in the summer declaring Israel’s occupation of Palestinian lands illegal under international law.

The Irish government said the opinion “changes the context” by placing “an obligation on countries to do more”.

Darragh Mackin of Phoenix Law said outside Government Buildings on Wednesday: “This is a formal legal notification to the government today to take the steps necessary to comply with international law and, in particular, their obligations under the Genocide Convention.

“The Government has 14 days from today to comply with those international obligations.

“We look forward to hearing from them in the near future.”

Eamon Ryan
Minister of Transport Eamon Ryan (Evan Treacy/PA)

Brian Cuthbert, deputy director of the campaign group Uplift which is funding any legal action, said: “We are sending a submission to the government challenging them on their increased military contracts with Israel, increased dual-use trade with Israel, and increased use of airspace by Israeli weapons transporters.”

Uplift said it has received expert opinion indicating the Irish government may be at risk of violating a number of domestic, EU and international laws, including failing in their obligations under the Genocide Convention.

The legal risk is with trading military technology and equipment with countries who commit human rights abuses.

Mr Mackin added: “The increased level of military-related trade over the past year, as well as the use of Irish airspace for transporting arms to the IDF, puts the Irish government at risk of violating a number of national and international laws.”

The document delivered on Wednesday was addressed to Taoiseach Simon Harris, Tanaiste Micheal Martin, Minister for Transport Eamon Ryan and Minister for Trade Peter Burke.

It is prohibited to transport munitions of war on civil aircraft across Irish airspace without an exemption from the transport minister.

News website The Ditch has reported that several flights carrying munitions to weapons manufacturers and contractors in Israel have transited Irish airspace since October 2023.

However, Mr Ryan said there is “ambiguity” in a number of the cases around whether the airlines required permission for “some” of their cargo.

He also said that while his department is still investigating the reports, it appears that several may not have been required to seek an exemption.

The minister said he was working on proposals to provide for increased capability to search, sample and sanction flights, random searches of flights landing at Irish airports, and sampling overflight manifests.