Ireland has long maintained a critical stance regarding Israeli settlements in the Middle East. The “Occupied Territories Bill,” introduced in 2018 and widely supported, aims to prohibit the trade of products originating from Israeli settlements in the West Bank and East Jerusalem within Ireland. [i] However, concerns about potentially violating European Union (EU) trade laws have halted the bill’s progress. Recently, increasing tensions in the Middle East and a new legal opinion presented by the International Court of Justice have led Ireland to revisit the proposal.
The Occupied Territories Bill is a proposed Irish law aimed at prohibiting trade and economic support for illegal settlements in territories recognized as occupied under international law. Introduced by independent Senator Frances Black, the bill garnered support from numerous political parties and organizations, reflecting growing concerns over Israel’s actions in these areas. [ii] Despite passing through both houses of the Irish Parliament, the bill has not made further progress due to opposition from the Fine Gael party and concerns regarding its compliance with European Union laws.
Recently, Ireland has moved to revive its bill aimed at banning imports from Israeli settlements following rising tensions in the Middle East. Originally introduced in 2018 and widely supported, the bill had been stalled for years due to concerns that it might violate EU trade laws. However, a recent advisory opinion issued by the International Court of Justice (ICJ) has enabled Ireland to reconsider the proposal. Ireland’s Minister for Foreign Affairs, Micheál Martin, stated that the decision is “consistent with previous legal advice, but the ICJ’s opinion has altered the course of the process.” [iii]
In its advisory opinion, the International Court of Justice stated that states should not contribute to the continuation of Israel’s presence in Palestinian territories. Although this opinion is not legally binding, the Irish government views it as a significant legal basis. Irish Prime Minister Simon Harris remarked that this issue can no longer be ignored, and that Ireland must act without waiting for the European Union’s stance. [iv]
The proposed bill is closely linked to Ireland’s government structure. While two coalition partners, Fianna Fáil and the Green Party, have previously supported the bill, Fine Gael has opposed it. However, recent statements from Simon Harris suggest that the government may take a new approach to the bill. Harris specifically emphasized the possibility of unilaterally suspending trade relations with Israel. Although the ICJ’s opinion is not legally binding, the Irish government views it as an opportunity to revive the bill. As various parties within the coalition continue to support the proposal, it has been suggested that the bill may need to be rewritten and revised to overcome legal obstacles.
These developments are being closely monitored by other countries within the EU. While the EU-Israel trade agreement does not cover products from the West Bank and East Jerusalem, the labeling and entry of these products into the EU market have sparked debate. Ireland and Spain have called on Brussels to increase economic pressure on Israel. Although this bill would not have a significant economic impact, it would signal Ireland’s strong stance against Israel’s occupation policies, sending a political message on the international stage.
Senator Frances Black has highlighted the symbolic importance of the bill, stating, “This bill will not have a major economic impact, but it will clearly signal Ireland’s opposition to Israel’s occupation.”[v] Black also noted that the bill “would have an effect similar to the sanctions imposed on South Africa in the 1980s and would carry a historic message.” Since respect for human rights is a fundamental principle of EU-Israel relations, EU member states could take steps to suspend the agreement. Ireland’s stance on this matter is seen not only as a shift in national policy but also as a development that could resonate across Europe.
A plan regarding the Occupied Territories Bill is expected to be presented to the Cabinet in Ireland. Government leaders have received updated legal advice concerning the legislation following the ICJ’s previous ruling. Green Party Leader Roderic O’Gorman has emphasized the necessity of passing the bill, noting that it is “legally complex.” Additionally, opposition leader Ivana Bacik has stated that the passage of the bill would demonstrate a clear stance against Israel’s actions.[vi]
This proposed legislation has the potential to create a significant impact by criminalizing the import of goods produced in occupied territories. Critics have raised concerns that this could lead to economic repercussions and the possibility of legal challenges on the grounds of conflicting with Ireland’s EU trade regulations. While international reactions present a mixed picture, some U.S. officials have warned that the bill could strain trade relations, and Israeli leaders have described it as immoral. Nevertheless, supporters of the bill argue that the regulation aligns with international legal standards regarding occupation.
In conclusion, Ireland’s reconsideration of the proposed legislation against products from Israeli settlements indicates the country’s preparedness to take significant steps on both national and international fronts. While it remains uncertain whether other EU countries will follow suit, it has been observed that Ireland is determined to proceed independently on this matter. This development highlights the need to reassess EU-Israel relations within a broader context and raises important questions about Europe’s stance in light of ongoing tensions in the Middle East.
[i] Mared Gwyn Jones, “What is Ireland’s Occupied Territories Bill and why could it be re-examined?”, Euronews, https://www.euronews.com/my-europe/2024/10/18/what-is-irelands-occupied-territories-bill-and-why-could-it-be-re-examined (Date of Access: 18.10.2024).
[ii] Ibid.
[iii] Vivienne Clarke, “Fresh legal advice could allow the Government to enact Occupied Territories Bill”, breakingnews.ie, https://www.breakingnews.ie/ireland/fresh-legal-advice-could-allow-the-government-to-enact-occupied-territories-bill-1683093.html, (Date of Access: 18.10.2024).
[iv] Ibid.
[v] Cormac McQuinn, “What is the Occupied Territories Bill, why did it stall and can it be revived now?”, The Irısh Times, https://www.irishtimes.com/politics/2024/10/15/what-is-the-occupied-territories-bill-why-did-it-stall-and-can-it-be-revived-now/, (Date of Access: 18.10.2024).
[vi] “Plan to progress Occupied Territories Bill could go to Cabinet as early as next week, says O’Gorman”, The Journal, https://www.thejournal.ie/occupied-territories-bill-could-come-before-dail-next-week-6515572-Oct2024/, (Date of Access: 18.10.2024).
