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RTÉ News
31 minutes ago
- RTÉ News
High Court action over use of Irish airspace for weapons transport
A legal challenge to the use of Irish airspace for flights transporting weapons to Israel has been lodged at the High Court. Campaign group Uplift, along with news organisation The Ditch and Irish-born Palestinian surgeon, Dr Ahmed El Mokhallalati have lodged papers seeking permission to apply for judicial review. In the statement filed to ground the application, they say they are seeking declarations that the Minister for Transport has failed to investigate allegations that Irish airspace has been used for the transport of weapons for use by the Israeli Defence Force in its military operations in Gaza and that part of the relevant legislation is unconstitutional. They also claim the Irish Government is in breach of export legislation in the manner in which "dual use export licences" are being granted for goods which they say are used to manufacture weapons. Uplift says it published a report in May last year outlining its view that a surge in "dual use" trade between Ireland and Israel, since Israel commenced military action against Gaza may be linked to goods being used in the production of military equipment. They say there is a high risk that goods from Ireland are being exported to be used by two Israeli companies involved in manufacturing weapons and military equipment. The Government has said the level of dual use exports is not related to the ongoing military attack on Gaza. The Ditch has published research on tracking flights which appeared to be transporting weapons to Israel through Irish airspace. They say there's clear evidence that this is being done. They say in their statement of grounds, that it is legally impermissible to do this, that it's facilitating genocide being carried out by the IDF against the Palestinian people and that no exemptions were sought for the transportation of these weapons. They claim the Minister for Transport has failed in his duties under Air navigation and transport legislation to investigate the allegations about the use of Irish airspace. They also say the Minister for Enterprise, Trade and Employment has been unlawfully granting dual use export licences. Surgeon Ahmed El Mokhallalati, who was born in Dublin, outlined his experiences in Gaza and described how he had contacted the Uplift organisation with a wish to do something about the ongoing death and destruction there. He said he believed Ireland had been facilitating the transfer of weapons and munitions of war to be used against the people in Gaza and he said these were the same weapons which destroyed his home, killed his friends and families and caused horrific and unspeakable harm to the people whose lives he worked hard to try to save. He said he was disappointed to see that the Government was continuing to ignore the abuse of its airspace in this manner and he said he felt compelled to take some action. He said he believed the Government was turning a blind eye to the use of Irish airspace to transport weapons and facilitating the most egregious crimes against humanity. Uplift say they are hoping to get a hearing at the High Court to seek leave to bring the judicial review proceedings before the end of this week.


Irish Examiner
6 hours ago
- Irish Examiner
State to oppose Omagh bombing survivors' bid to bring cases over failure to hold inquiry, court told
The State will oppose applications by two Omagh bombing survivors seeking to bring lawsuits aimed at compelling the Irish government to establish a public inquiry into the atrocity, the High Court has heard. Emmet Tunney and Shawneen Conway, both survivors of the 1998 dissident republican bombing, say the Government is obliged to establish a public inquiry in circumstances where state authorities allegedly held 'actionable intelligence' relating to the attack. A total of 29 people, including Ms Conway's 18-year-old brother Gareth and a mother pregnant with twins, died when a car bomb planted by the Real IRA exploded in the centre of the Co Tyrone town on August 15, 1998. The survivors, who are seeking to bring separate but similar cases, both point to a judgment of Northern Ireland's High Court, which found that the British and Irish government bore responsibilities 'arising from the cross-border nature of the attack and the intelligence failings that preceded it'. 'The High Court in Northern Ireland found that there was a real prospect that fresh investigative measures could yield new and significant information regarding the atrocity, including the possibility of preventing it had certain intelligence been acted upon,' the survivors' court papers state. Their cases state that a public inquiry is required to ensure an effective investigation of the atrocity. They allege the State's failure to hold such an inquiry is a breach of their rights under the Constitution and under the European Convention on Human Rights (ECHR). According to their court documents, article two of the ECHR requires an 'effective, independent, prompt, and public' investigation in circumstances where State agents knew or ought to have known of a real and immediate risk to life. Articles 40 and 41 of the Constitution require effective investigations of deaths involving potential State failures, their papers say. An independent inquiry into the bombing established by the UK government opened in Omagh in January and is continuing. That inquiry is examining whether the atrocity could have been prevented by UK authorities. Ms Conway and Mr Tunney say the Irish government should hold a parallel inquiry. In the High Court this week, Stephen Toal KC, for the survivors with Ruaidhrí Giblin BL and Karl McGuckin BL, moved an application seeking permission to bring the proceedings against the Government, Ireland and the Attorney General. Mr Toal said the State had indicated it would be opposing their application seeking permission to bring the proceedings. Ms Justice Mary Rose Gearty said she would hear Mr Toal's applications for permission to bring the proceedings in early November. The judge said the State should be put on notice of the applications. Both survivors are seeking various orders, including one compelling the Government to establish a public inquiry into the bombing, and a court declaration that the Government's failure to establish such an inquiry to date is in breach of their rights. Mr Tunney, of Omagh, Co Tyrone, is represented in the action by Strabane-based firm Roche McBride Solicitors. Ms Conway, from Dungannon, Co Tyrone, is represented by Pa Duffy Solicitors in Dungannon.


Irish Independent
6 hours ago
- Irish Independent
Omagh bombing survivors' attempt to compel inquiry in the Republic will be opposed, High Court hears
The State will oppose applications by two Omagh bombing survivors seeking to bring lawsuits aimed at compelling the Irish government to establish a public inquiry into the atrocity, the High Court has heard. Emmet Tunney and Shawneen Conway, both survivors of the 1998 dissident republican bombing, say the Government is obliged to establish a public inquiry in circumstances where state authorities allegedly held 'actionable intelligence' relating to the attack.