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For six years, Trócaire and leading civil society and trade union groups have been advocating for the Occupied Territories Bill (OTB) to become Irish law. Despite consistent efforts, successive governments had blocked its passage. However, following renewed pressure by Trócaire and other groups in recent months, for the first time, every Irish political party has now officially announced their support for the Bill. Now, continued pressure is needed to ensure it is enacted as soon as possible.
Pass the Occupied Territories Bill Campaign supporters march in Dublin, October 2024. Photo: Garry Walsh/ Trócaire
Urgent Need for Action
With the risk of genocide and unprecedented violence and destruction unfolding before our eyes in Gaza, along with ongoing land theft and escalating violence in the West Bank, the Occupied Territories Bill must pass without further delay. The OTB represents a historic step for Ireland to hold Israel accountable for war crimes. If passed, Ireland would be the first Western country to take such a stand, just as it did against apartheid in South Africa.
Renewed Momentum
In September 2024, a coalition of over 35 organisations, including Senator Frances Black, launched the ‘Pass the Occupied Territories Bill Campaign‘ after receiving new legal advice confirming the Bill can be passed, urging the government and all political parties to support it ahead of the general election.
A significant development was the International Court of Justice (ICJ)’s historic Advisory Opinion in July 2024. Following this, the Irish Government sought updated legal advice from Attorney General Rossa Fanning in October, clearing the way for the Bill’s passage. This advice relied heavily on the ICJ ruling, which deemed Israeli settlements on occupied Palestinian land illegal and required all countries to refrain from trading with them.
The Occupied Territories Bill, officially called the “Control of Economic Activities (Occupied Territories) Bill 2018,” is a proposed law that would ban trade between Ireland and Israel’s illegal settlements in the West Bank, making the import of goods or services originating from these lands a criminal offence. The Bill was introduced by independent Senator Frances Black and is supported by Trócaire, as well as other leading human rights organisations, trade unions, academics and politicians.
Senator Frances Black has recently stated: “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.”
Houses being constructed at the Israeli settlement of Eldad, south of Bethlehem in the West Bank. Settlements are illegal under international law, yet despite condemnation from the international community, continue to expand on Palestinian land. There are over half a million Israeli settlers now living in the Palestinian West Bank. If passed, the Occupied Territories Bill would make it illegal in Ireland to trade in goods produced from these settlements. Photo : Garry Walsh/Trócaire
If enacted, the legislation would apply to territories where there is a clear international legal consensus on the occupation status. Currently, only the Occupied Palestinian Territory has been confirmed as occupied by the International Court of Justice (the world’s highest court). However, the Bill currently allows for other territories to be included, provided there is agreement between the Minister for Foreign Affairs and Trade and both houses of the Oireachtas.
No, this Bill does not implement a boycott of Israeli goods. It only bans the import and sale of goods produced in settlements that are illegal under international law. This legislation differentiates between Israel and the illegal settlements in the West Bank. This distinction is already recognized by governments around the world and is a long-standing policy of both Ireland and the European Union.
Settlements are Israeli residential, agricultural, and business developments built on Palestinian land in the West Bank, including East Jerusalem, that lie outside Israel’s recognized borders. Palestinian communities are often forcibly removed from their land to make way for these illegal settlements.
These settlements are considered one of the key drivers of poverty and a host of human rights violations against Palestinians and obstruct their right to self-determination. Under international criminal law, moving a civilian population into occupied territory is a war crime, and this is also a crime under Irish law, regardless of where it happens.
Today, over 750,000 Israeli settlers live in the occupied West Bank, including East Jerusalem, controlling a significant portion of its land and the majority of its water and natural resources.
The European Union’s position is absolutely clear: Israeli settlements are “illegal under international law, constitute an obstacle to peace, and threaten to make a two-state solution impossible.” Despite this, EU countries, including Ireland, continue to make the settlements financially viable.
Palestinian farmers Muhammad Sabah, and Salim Sabah, along with Armagh footballer, Oisín McConville, look out to the illegal Israeli settlement of Ma'aleh Rehavam, south of Bethlehem in the West Bank. Photo: Garry Walsh/Trócaire.
It is difficult to provide a precise figure. However, if the Bill is enacted, importing goods and services from these settlements would become a criminal offense.
In 2018, when the Bill was first introduced, the value of goods imported from Israel to Ireland was €77 million. By 2023, this amount had skyrocketed to €3.6 billion. Goods exported to Israel in 2023 were valued at €511 million, and by May of this year, this figure had nearly reached €500 million.
Regardless of the exact percentage of trade with illegal settlements within these figures, this legislation is both powerful and historic. It represents a significant step for Ireland, as it would take concrete action against the ongoing illegal expansion of settlements. Moreover, it would align Ireland’s trade policy with its political stance and incorporate international law into our trading relationships.
Trócaire, whose partners are on the front lines responding to the crisis in Gaza and the West Bank, emphasizes the urgent need to support this Bill. We believe that all people in Palestine and Israel deserve to live in peace and security. It is unjust for innocent families to be evicted from their homes and land to make way for illegal settlements. We stand firmly for international law and the principles of peace and justice.
The ICJ ruling also highlights that all states including Ireland have an obligation to ban trade with Israel’s illegal settlements. As such, the passage of the OTB is now an obligation that Ireland can no longer ignore.
Furthermore, with the large-scale death and destruction in Gaza and the West Bank, it is crucial for Israel to be held accountable for its violations of international law and war crimes. Ireland must ensure it is not complicit in these actions.
There is a clear and urgent need to pass this legislation and for Ireland to show greater solidarity with those suffering under occupation.
Find out more about Trócaire’s work in Israel and Palestine.
Recent legal opinions confirm that Ireland is entitled to ban trade with Israeli settlements under EU law. While trade rules are generally uniform across all EU member states, exceptions can be made for reasons of public morality, public policy, public security, and the protection of human health and life.
The two newly published formal legal opinions from Professor Takis Tridimas and Professor Panos Koutrakos, leading experts in EU trade law, affirm the legal basis of the Bill and its compatibility with EU law. They state that Ireland is fully entitled to pass the Bill and ban trade with illegal Israeli settlements. The legal experts criticized the previous Attorney General’s advice, which blocked the Bill, as “erroneous” and “at odds with settled EU case law.”
This newly published legal advice was sought by the group of organisations that launched the campaign to pass the Occupied Territories Bill.
Both the Dáil and the Seanad have voted in favour of the Bill, but it has been blocked since 2019. The current and previous governments cited advice from former Attorneys General, claiming the Bill would breach EU law regarding trade rules.
Although the Bill passed almost all necessary stages in both houses of the Oireachtas, it was stalled by the governments using a technical mechanism called the “Money Message.” This allows the government to delay bills it believes could have negative financial consequences.
As highlighted previously, in October 2024, the government received updated legal advice from the current Attorney General, Rossa Fanning, which now supports the Bill’s passage. This updated advice draws heavily on the International Court of Justice (ICJ), the world’s highest court, Advisory Opinion from July 2024, which deemed Israeli settlements on occupied Palestinian land illegal and stated that all countries were obliged not to trade with them .
On 22 October 2024, the government announced that it will send the Bill to the Oireachtas Committee on Foreign Affairs. This means the committee will review the Bill and suggest changes to improve it before it becomes final.
After the review, if the Bill progresses, final votes will be held. Once approved, the Bill will be sent to the President for signing before it becomes law.
Supporters of the Campaign to Pass the Occupied Territories Bill march in Dublin, October 2024. Photo: Garry Walsh/Trócaire
Share knowledge, with friends, family and….talk to your politicians!
Sign the Petition
Take action by signing the petition addressed to the Houses of the Oireachtas, calling for the enactment of the Occupied Territories Bill. It is crucial to demonstrate public support for the Bill to ensure its successful passage. Sign here.
Stay Updated on the ‘Pass the Occupied Territories Bill Campaign’
The ‘Pass the Occupied Territories Bill Campaign’, supported by scores of civil society groups, trade unions, academics and politicians, aims to ensure the OTB becomes law. Visit the campaign’s new website to learn more about the Bill and discover more ways to take action. Spread the word to friends, family, and across social media.
Ask Your Candidate
As Ireland gets ready for a general election, let your local TDs and candidates know that the situation of the people caught up in this conflict is the most urgent matter of concern. Be ready to ask them if they will support the Occupied Territories Bill if elected. Once the election is announced, Trócaire and the Pass the OTB Campaign will share resources to help you discuss the Bill with candidates and encourage them to pledge their support for enacting it if elected.
Take to the Streets
Trócaire has joined thousands of peace campaigners demanding an immediate ceasefire, justice, accountability, and the enactment of the OTB. On Saturday, November 9th, a national demonstration will take place in Dublin, uniting people in solidarity with the people of Gaza. Trócaire will be there with the Pass the OTB Campaign—look for our placards, say hello, and let’s raise our voices together! We hope to see you there.
Join our Campaigners’ List
Stay informed about actions, petitions, marches, workshops, and ways to get involved. Despite the challenges, Trócaire believes we can drive change. Our efforts have already made an impact in Ireland and globally.
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