At the European Political Community Summit in November, Ireland needs to provide political leadership to safeguard the international legal architecture that protects small states like ours. Dr Andrew Forde makes the first move.
Cherif Bassiouni, Chair of the Drafting Committee of the Rome Statute of the International Criminal Court (ICC), once said that in a world where the rule of law is applied selectively, it ceases to be law at all; it becomes merely an instrument of power. As Ireland prepares to host the ninth European Political Community (EPC) summit in November, the flagship event of its EU Presidency, it is in our interest to put international law at the heart of the summit.
The temptation on Kildare Street will be, naturally, to avoid controversy and maximise consensus amongst the 40+ European leaders. In a volatile world driven by fragile egos, parochial politics, and corporate influence, survival is a legitimate and understandable aim. However, Ireland’s strategic interest isn’t in managerially toeing the line, especially at that late stage in its Presidency, it is in providing political leadership to safeguard the international legal architecture that protects small states just like Ireland.
The EPC was the brainchild of Emmanuel Macron in 2022 after the Russian invasion of Ukraine. It sought to foster European consensus in defence of sovereignty and international law at a time of the most egregious breach of the UN Charter and the Helsinki Final Act on European soil since World War II. Being hosted in Ireland, the EPC - followed by an informal European Council - puts Irish politics and diplomacy at the heart of European and global affairs. The eyes of the world will be on Dublin in November.
Yet, over the years, Europe’s credibility has been increasingly strained by the selective application of international law. The contrast between Europe’s decisive early response to Russia’s aggression in Ukraine and its fragmented stance on Gaza, alongside its reluctance to defend the ICC from overt attacks is arguably as damaging to the international rules-based order as the actions of those seeking to undermine it. Afterall, what is the value of international law, if not observed and defended?
For Ireland, weakening of the rule of law isn’t an abstract, innocuous concern. It strikes at the very heart of our national self-interest. A weakened international legal framework directly undermines our foreign policy leverage, our export-driven economy and our national security. You don’t need to be an economist to understand the tangible impact a less secure, less accountable, world has on supply chains, food prices and consequently our pockets.
Hosting the EPC during our EU Presidency offers a unique platform to demonstrate that international legal consistency is a strategic necessity for Ireland, not an a-la-carte diplomatic luxury. Ireland should use the occasion to push for concrete legal action at the European level.
Firstly, Dublin should lead calls to expand the “EU Blocking Statute” (Regulation (EC) No 2271/96) to explicitly shield ICC officials and national judicial bodies cooperating with the Court from foreign sanctions, particularly third-country secondary sanctions, ensuring international courts can operate without coercion. Second, given Israel’s ongoing occupation, repression and settlement expansion, Ireland should call for the strict enforcement of human rights clauses in EU trade agreements, specifically initiating a formal compliance review under Article 2 of the EU-Israel Association Agreement, to demonstrate that Europe itself considers its law to be binding rather than discretionary or decorative. Thirdly, Ireland should formally call on the remaining 13 EPC states to sign and fund the Council of Europe’s Enlarged Partial Agreement on the Special Tribunal for the Crime of Aggression and the associated International Claims Commission.
Leadership at the EPC summit cannot be measured solely by diplomatic harmony or smooth logistics. By placing international law firmly at the centre of the EPC agenda, Ireland can begin to restore European foreign policy credibility while defending the foundational legal order upon which our own national interests depend.
Ireland’s mandate as EU Council President will inevitably be judged by its ability to forge unity, but Dublin must refuse the false dichotomy between harmony and accountability, between politics and law. Championing the rule of law is not an exercise in provocation, a radical or controversial gamble, it is the ultimate expression of national self-interest.
This IRLI guest commentary – the first in a new series – has been provided by Dr Andrew Forde, deputy director of the Dublin European Law Institute at DCU. It was originally published in the October 2025 issue of the Law Society Gazette (page 23 & 24 of the PDF).
This conversation will continue in Dublin on 22 October, when Irish Rule of Law International hosts a public event exploring the importance of the rule of law as a cornerstone of democracy, human rights, and international cooperation. Former President of Ireland Mary Robinson will deliver the keynote address, followed by a panel discussion chaired by Dr Andrew Forde and featuring legal practitioners with experience across international courts and justice systems. Tickets are sold out, however the conversation will be recorded. If would would like to be notified of its release, please sign up to our newsletter.