Text: Izzy Copestake
Experts say Ireland is fully entitled to pass the Occupied Territories Bill, so why isn’t it happening?
A campaign calling on Ireland to pass the Occupied Territories Bill has reignited following new legal analyses and recent international rulings. The proposed bill, originally introduced by Independent Senator Frances Black in 2018, would outlaw and criminalise “trade with and economic support for illegal settlements in territories deemed occupied under international law”. While the bill has been passed by the Seanad and a majority in the Dáil, on April 6th this year, members of Fine Gael voted down a motion calling for the Occupied Territories bill to be enacted due to concerns about compatibility with EU law. However, new legal analysis indicate that passing the bill is both legally permissible and morally urgent.
The analysis was done by Takis Tridimas, a leading EU law specialist who has served as legal advisor to the European Commission and European Parliament and whose work is frequently cited by the European Court of Justice and the Irish Supreme Court, and Panos Koutrakos, three-time European Commission Jean Monnet Chair in EU law and Editor of the European Law Review. The experts concluded that Ireland can indeed pass the Occupied Territories Bill without breaching EU regulations. According to their analysis, the earlier advice that blocked the bill was “erroneous” and “at odds with settled EU case law.”
They argue that under EU law, member states are allowed to deviate from EU trade regulations on grounds of public policy, particularly when fundamental rights are at stake. This interpretation aligns with recent rulings from the European Court of Justice (ECJ) that permit deviations for reasons of public policy.
The tide is quickly changing against the bill being blocked. Last night, Dublin City Council unanimously called for an enactment of Occupied Territories Bill, putting further pressure on the government. This argument is also supported by the recent ruling by the International Court of Justice (ICJ). The ICJ found that Israeli settlements in occupied Palestinian territories are illegal and that all countries have a duty to avoid trading with these settlements. The ICJ ruling stated that countries must “abstain from entering into economic or trade dealings” that would entrench Israel’s “unlawful presence” in Palestinian territories. This judgment underscores the moral and legal imperative for Ireland to act.
Professors Tridimas and Koutrakos emphasise that the ICJ’s findings bolster the bill’s validity, arguing that Ireland now has an obligation to implement it. According to the experts, the bill “gives effect to the duties” that the ICJ ruling sets out. In light of these developments, Taoiseach Simon Harris has requested updated guidance from the Attorney General, which could potentially clear the path for the bill’s passage.
Senator Frances Black, who has championed the Occupied Territories Bill since its inception, expressed frustration over the ongoing delay, and has highlighted the worsening crisis in Palestine. She pointed out that while the world focuses on the crisis in Gaza, settlements in the West Bank are expanding, with more families displaced and homes destroyed. “How can we repeatedly condemn this as illegal but continue to trade in the goods produced? It’s clear hypocrisy, and it must stop,” she said.
The bill has garnered widespread political support, with commitments from most parties to include it in their election manifestos. Despite these assurances, the bill remains blocked at the Dáil’s second stage, awaiting government backing. Sadaka, the Ireland Palestine Alliance, argues that passing the Occupied Territories Bill would position Ireland as a leader in upholding international law and human rights.
In a statement to District, Fiona Fitzgerald stated in association with Sadaka and on behalf of The Occupied Territories Campaign: “We must transcend mere words of condemnation. Ireland cannot remain complicit in the settlement regime, annexation, and exploitation of resources. Passing the Occupied Territories Bill is not only our moral duty; it is upholding the rule of law.”
The time to act is now. The Occupied Territories Bill provides a pathway for Ireland to adhere to international law and demonstrate a commitment to human rights. As civil society and political leaders have made clear, statements of condemnation alone are no longer enough. Enacting this bill would signify a meaningful step toward ending trade with illegal settlements and addressing the ongoing injustices in Palestine.
Visit www.passtheotb.ie for more information and how you can get involved in the campaign in the run up to the General Election.
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