‘No legal barrier’ to Bill banning imports from illegal Israeli settlements

By Gráinne Ní Aodha, PA

There is no legal barrier to a Bill that would ban imports to Ireland from illegal Israeli settlements, the senator who tabled the legislation has said.

Independent Senator Frances Black said that the opinion of the UN’s top court in July has put questions about the legality of the Bill “beyond any reasonable doubt”.

It comes after the Government said on Tuesday that the advisory opinion by the International Court of Justice (ICJ) “changes the context” around the Occupied Territories Bill.

The ICJ said Israel has abused its status as the occupying power in the West Bank and east Jerusalem by carrying out policies of annexing territory, imposing permanent control and building settlements.

It said such acts render “Israel’s presence in the occupied Palestinian territory unlawful” and that Israel must end settlement construction immediately.

The judges also said that all states are “under an obligation not to recognise as legal” unlawful Israeli settlements in occupied Palestinian lands and “not to render aid or assistance in maintaining the situation”.

On Monday, the Attorney General, Rossa Fanning, briefed the coalition leaders on new legal advice in relation to the Bill.

Taoiseach Simon Harris said there was now an obligation on countries “to do more” to give effect to that advisory opinion.

The Tánaiste and foreign affairs minister Micheal Martin said that the decision “offers a clearer way forward” but that the Bill would still need to be “redrafted and amended very substantively” based on legal advice.

Independent Senator Frances Black told the PA news agency that implementing the draft law was now “a question of political will”.

“I’ve said consistently, since I first tabled the Occupied Territories Bill in 2018, that Ireland can do this.

“The ICJ ruling in July has simply put the legal question beyond any reasonable doubt. It’s very encouraging that the new, updated AG advice seems to reflect this, and we can now say clearly: there is no legal barrier to the passage of this Bill. It is a question of political will.

“If we need to make small changes or amendments to strengthen and improve it we can, but the Bill is ready.

“The seriousness of what’s happening, the devastation in Gaza and across the West Bank, demands that we pass it urgently.”

Conor O’Neill, a spokesperson for the Campaign to Pass the Occupied Territories Bill, said the ICJ opinion was “historic”.

“The highest court in the UN system has now made absolutely clear that not only are the settlements illegal, but that all countries are obliged not to trade with them.

“It is not some optional extra, but a firm legal requirement. The news (on Tuesday) is promising – if the Government wants to respect the ICJ’s findings and act, then the quickest way to do so is to pass the Occupied Territories Bill. It’s long overdue.”