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Trócaire part of civil society campaign to Pass the Occupied Territories Bill launched today in Dublin
Photo: Gareth Chaney
In a newly published legal opinion, two of the world’s leading experts on EU trade law have stated that Ireland is fully entitled to pass the Occupied Territories Bill and ban trade with illegal Israeli settlements, criticising previous Attorney General advice relied upon to block it as “erroneous” and “at odds with settled EU case law”. The legal opinion is written by two specialists in EU law, Professor Takis Tridimas Professor Panos Koutrakos.
There are now more than 750,000 Israeli settlers living in over 140 illegal settlements on occupied Palestinian territory in the West Bank and East Jerusalem. Before the signing of the Oslo Accords in 1993, which was supposed to deliver an Independent Palestinian State on this territory, the number of illegal settlers was less than 150,000.
The newly published legal advice was sought by a group of civil society organisations, trade unions, academics and political figures, who gathered in Dublin this morning to launch a new ‘Campaign to Pass the Occupied Territoris Bill’.
The Bill, first tabled in 2018 by Independent Senator Frances Black, would ban trade with the illegal Israeli settlements built on occupied Palestinian land. It was passed in full by the Seanad before being introduced to the Dáil by Fianna Fáil, where a majority of TDs also voted in favour.
Despite this, the current and previous Governments have refused to pass the bill based on advice from previous Attorneys General that, because trade rules are generally set at EU level, a national ban would breach EU law. For this reason, the bill remains stalled at the second stage of the Dáil and has not yet gone to the President for sign-off.
However, on Friday Taoiseach Simon Harris announced that he has asked the new Attorney General for “fresh advice” on this question in light of a recent historic ruling from the International Court of Justice (ICJ). In July, the highest court in the world declared that the Israeli settlements on occupied Palestinian land were illegal and that all countries were obliged not to trade with them.
The ICJ found that all states must now: “abstain from entering into economic or trade dealings with Israel concerning the Occupied Palestinian Territory or parts thereof which may entrench its unlawful presence in the territory”, and “take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the Occupied Palestinian Territory”.
Professors Tridimas and Koutrakos state that while the Occupied Territories Bill was always compatible with EU law, last month’s ICJ ruling adds even further strong support and that the Bill is now “necessary… as it gives effect to the duties” outlined by the ICJ.
The newly published legal advice comes as a new campaign to enact the Occupied Territories Bill was launched this morning. The campaign, which involves Trócaire alongside other civil society organisations, trade unions, academics and political figures including Senator Frances Black, is calling on all parties and politicans to commit support for the bill to be enacted, with the launch of the campaign coming ahead of an anticipatd election this year.
Independent Senator Frances Black: “In the six years since I first tabled the Occupied Territories Bill, the situation in Palestine has rapidly deteriorated. While the world is focused on the horrific, genocidal war in Gaza, across the West Bank we’re also seeing one of the biggest land grabs in decades – more homes destroyed, families displaced, settlements built. How can we repeatedly condemn this as illegal but continue to trade in the goods produced? It’s clear hypocrisy and it must stop.”
Trócaire, whose partners are responding to the current crisis in Gaza and the West Bank, was eager to emphasise the urgency of supporting the bill. Caoimhe de Barra, CEO of Trócaire, said:
“Trócaire and other NGOs have been campaigning on this issue for many years now and we cannot wait any longer to enact the Occupied Territories Bill. Over 40,000 people have been killed in Gaza in the last 11 months, the suffering is on a scale the world hasn’t seen this century. It is time for Ireland to take a stronger stance. We need to introduce sanctions, we need to enact the Occupied Territories Bill and we need to do it now.”
Éamon Meehan, former CEO of Trócaire and current Chair of Sadaka- the Ireland Palestine Alliance, added that the weight of the ICJ judgement was so significant, Ireland was now not only morally but perhaps legally compelled to enact the Occupied Territories Bill:
‘In fact, following the clarification by the ICJ of the laws governing occupation, it may be illegal not to pass the OTB. There is no legal obstacle to enacting this bill, only a lack of political will. We plan to bring this campaign to every constituency and every candidate in the run-up to the General Election.”
There is a clear and urgent need to pass this legislation and for Ireland to show even greater solidarity with those suffering under the weight of occupation.
