Sir – The passing of the Occupied Territories Bill this week marks a significant and long-awaited step. Following years of campaigning and overwhelming public support, Ireland has become one of the first in Europe to ban trade in goods produced in illegal Israeli settlements.
Those who worked tirelessly to bring this legislation forward since 2018, most notably Independent Senator Frances Black, deserve huge recognition.
This is a significant step for Ireland to take – placing us at the vanguard of European states that are willing to break ranks with the common EU position and take unilateral trade measures in response to Israel’s appalling human rights record. However, the job is far from fully done and we are still not meeting our obligations under international law.
Ireland’s presidency of the Council of the European Union offers a unique opportunity to push for an EU-wide ban on trade with illegal Israeli settlements. We must build consensus for a European response that reflects the International Court of Justice’s clear findings on states’ obligations.
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Despite this Bill, Ireland will still continue to trade with illegal Israeli settlements. Trade in services – including tourism, digital infrastructure and financial services linked to the settlements – will continue. As a result, Ireland will still be contributing economically to settlements that are illegal under international law.
The situation on the ground has continued to deteriorate in the eight years that this legislation was making its way through the Oireachtas. Illegal settlements in the occupied West Bank have continued to expand, displacing Palestinian communities and fuelling violence. In Gaza, the genocide has reached devastating levels, with widespread air strikes, displacement and immense civilian suffering continuing every single day.
In its 2024 advisory opinion, the International Court of Justice said states have an obligation not to assist the maintenance of Israel’s illegal occupation, including through trade with settlements. That obligation does not distinguish between goods and services. The Department of Foreign Affairs acknowledged that the most reasonable interpretation of the ruling requires a complete prohibition on settlement trade.
Minister for Foreign Affairs Helen McEntee has even stated that passing this Bill only brings Ireland into “partial compliance” with international law.
However, this legislation can evolve. Ireland has amended important laws before when experience showed improvements were needed. The European Union also expanded its sanctions on Russian-occupied Crimea from a ban on just goods to subsequently include restrictions on services, tourism and investment.
There is no reason Ireland cannot strengthen the Occupied Territories Bill in the same way. This must be only the beginning, not the conclusion.
If Ireland truly wants to stand on the right side of international law, we should complete the work we have started – and ensure it does not take another eight years to do so. – Yours, etc,
JIM CLARKEN,
Chief executive,
Oxfam Ireland.
