Our disregard for international law

SHAUN CONNOLLY reported (May 24) that Taoiseach Kenny said that during his meeting with US President Obama that “they agreed there would be no change in respect of the US forces using Shannon Airport as a stop-off”.

In concluding this international agreement with the US President, An Taoiseach may be contravening the Irish Constitution Article 29.5.1 which states: “Every international agreement to which the State becomes a party shall be laid before Dáil Eireann” and 29.5.2. “The State shall not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement shall have been approved by Dáil Eireann.”

Mr Kenny may claim that such an agreement was already in existence, but if that is the case it is questionable whether such agreement has ever been properly approved by the Dáil.

The transit of US troops through Shannon airport is in clear breach of the Hague Convention on neutrality, regardless of any claims that the military actions they are engaged in may have some sort of UN approval.

This disregard for the Irish Constitution and for international law is a recent phenomenon by Irish governments, given our past history of promoting compliance with and enhancement of international law. It has recently been revealed that on March 13, 2002, over one year before the beginning of the US invasion of Iraq and the overthrow of the Iraqi government, the then-Taoiseach Bertie Ahern made an agreement with US President George W Bush, that US troops would be allowed use Shannon Airport in the event of a US invasion of Iraq. No such agreement was put before the Dáil at the time, and even if it had been approved, it would arguably have been in breach of the Constitution. Such disregard for international law has not been unique to Ireland. The world’s more powerful states such as the five permanent members of the UN Security Council have been able to use their UN veto to avoid any sanctions for their breaches of international law. However, it ill-behoves small states such as Ireland to abuse international laws because small states have far greater need of the protection of international laws than more powerful states.

Edward Horgan

International Secretary

Irish Peace and Neutrality Alliance

Castletroy, Limerick