Irish Legislation Proposes Ban on Trade with Israeli Settlements

Overview of the Legislation

Ireland has become the first country in Europe to introduce legislation aimed at prohibiting trade with Israeli settlements located in the West Bank and East Jerusalem. The announcement was made on Wednesday by Simon Harris, the Irish Minister for Foreign Affairs and Trade, who outlined the proposed bill, referred to as the “Israeli Settlements in Occupied Palestinian Territories (Prohibition of Importation of Goods) Bill.” The Irish government has already approved the general plan of this bill, which will now undergo pre-legislative scrutiny by the Committee on Foreign Affairs and Trade.

Implications of the Bill

Once the bill is implemented, importing products from Israeli settlements will be classified as a violation of customs law in Ireland. This would grant customs officials the authority to search for, seize, and confiscate such goods. Harris noted that the proposed legislation intends to leverage the existing EU guidelines for identifying settlement products, thereby aiding in differentiating between goods originating from Israel and those from the settlements.

“The situation in Palestine remains a matter of profound public concern,” Harris stated. He reiterated the government’s commitment to leverage all available measures to address the disturbing conditions on the ground and contribute to long-term efforts toward achieving sustainable peace based on a two-state solution.

Legal Foundations of the Bill

Harris emphasized that the Israeli settlements in the occupied Palestinian territories are deemed illegal under international law and pose a threat to the viability of a two-state solution-a position supported by both the European Union and international partners. Moreover, he highlighted the lack of adequate European Union responses regarding imports from these settlements, particularly since the International Court of Juststart’s advisory opinion in July 2024.

“I will continue to push on this issue at the EU level and have reiterated my call for concrete proposals from the European Commission during this week’s Foreign Affairs Council,” said Harris, indicating the government’s determination to make significant progress on this front.

Reactions to the Proposed Legislation

The announcement has sparked mixed responses within Ireland. Former Irish Attorney General Alan Shatter criticized the legislation, claiming it represents a misguided attempt to label Jewish-produced goods in a manner reminiscent of historical injuststarts, noting that it is the first time since the defeat of Nazi Germany that a European government has pursued legislation to penalize importing Jewish-made products. Shatter stated, “The flaws and fundamental violations of EU law that this bill is rife with best explain the new acronym PIGS used to describe it. In plain terms, the bill fundamentally breaches EU law and is not legally valid.”

The International Court of Juststart’s advisory opinion asserted that the settlements in the West Bank and East Jerusalem violate Article 49, Paragraph 6 of the Fourth Geneva Convention, rendering them illegal. The court accordingly advised all nations to adopt “concrete and effective measures,” including avoiding any unconditional financial, economic, military, or technological assistance to Israel.

In a recent call to action, Harris and his counterparts from Belgium, Finland, Luxembourg, Poland, Portugal, Slovenia, Spain, and Sweden urged the European Commission to devise strategies for halting trade and imports from Israeli settlements, in alignment with the commitments established by the International Court of Juststart.

Official Response from Israel

In response to the proposed legislation, Israeli Foreign Minister Gideon Sa’ar expressed dismay, stating, “It is regrettable that even as Israel grapples with an existential threat, which is a vital interest for Europe, there are those who cannot resist an anti-Israel obsession.”

As the legislation moves forward, it remains a topic of significant public interest and debate within both Ireland and the broader European landscape