Ireland has 'legal obligations' to pass law on trade ban with Israel, campaigners say

International Court of Justice called on countries to cease trade with illegal Israeli settlements in the West Bank.

It would be “illegal” for Ireland not to pass the Occupied Territories Bill and cease trading with Israeli settlements in the West Bank, a new campaign has argued.

The Campaign to Pass the Occupied Territories Bill, which includes civil society organisations, trade unions, academics and politicians, has called on the Government to now urgently work to pass the legislation.

A new legal opinion received by the organisation sets out that Ireland is permitted to pass the laws, which have been stymied in recent years due to legal advice provided to successive governments by multiple attorneys general.

The opinion itself cites that, under Article 36 of the Treaty of the European Union, member states are permitted to pass laws they believe are in the best interest of the public as well as due to any requirement under international law.

The latest advice was drafted by two EU trade law experts — Professors Takis Tridimas and Panos Koutrakos — who argue the bill is now “necessary”.

Éamonn Meehan, the chair of Sadaka — the Ireland Palestine Alliance — said this advice was further strengthened by an International Court of Justice advisory opinion, which called on countries to cease trade with illegal Israeli settlements in the West Bank.

The opinion found such settlements were illegal and they should be dismantled “as rapidly as possible”.

“It is now absolutely and crystal clear that we have legal obligations under our commitment to international law to pass the Occupied Territories Bill,” Mr Meehan said.

Senator Frances Black, who first introduced the Occupied Territories Bill, said former Attorney General Seamus Woulfe was “wrong” on the issue previously and this has been made clear by the recent ICJ judgement.

“In fact, it would be illegal for Ireland not to pass the Occupied Territories Bill,” Ms Black said, citing the ICJ’s ruling.

Lack of political will

Conor O’Neill, head of advocacy at Christian Aid Ireland, said at present the only barrier to passing the legislation was a lack of political will.

“Are we willing to put our head above the parapet and go and argue the case in Brussels or Strasbourg, if needs be,” Mr O’Neill said.

“Despite the Government’s contention that passing this bill would be unlawful, passage of the bill is actually required to make sure we comply with our obligations under international law.

We know that the moral and the political case to pass this bill has been clear for a very, very long time but we believe that the legal case is now inarguable as well.

However, Mr O’Neill did welcome Taoiseach Simon Harris’s recent confirmation he was seeking fresh legal advice on foot of the ICJ ruling on further trade with Israel.

Asked if there was a case for full suspension of trade with Israel following the ICJ ruling, Mr O’Neill said there was and legal scholars were examining the matter at present.

Former attorney general and current senator Michael McDowell also argued the Occupied Territories Bill was legally sound, describing it as “necessary” legislation.

Mr McDowell said the Attorney General’s office getting it “manifestly” wrong would be embarrassing for the office, and it could try find a way out through the ICJ ruling.