Garda to reconsider Palestinian man’s allegations against Airbnb over West Bank rentals

Anne O'Loughlin

The Garda Commissioner will reconsider a Palestinian man’s complaint against Airbnb, alleging Israeli settlers used the website to advertise rental properties built on land stolen from him in the West Bank, the High Court has heard.

The man, who resides in the West Bank, brought judicial review proceedings against the commissioner in July seeking to quash a decision not to investigate his complaint, which claimed Airbnb was “an accessory to the crime of transfer, accessory to the crime of appropriation and money laundering”.

Airbnb’s alleged permitting of the rental of cabins on the man’s land through operations at its Dublin offices constitute crimes, the man claims.

Airbnb’s Dublin base at Hanover Quay is the firm’s headquarters for its operations in Europe and the Middle East. Airbnb was contacted for comment on the man’s complaints.

On Thursday, barrister Aoife McMahon, appearing for the man and instructed by KOD Lyons, told Ms Justice Mary Rose Gearty the commissioner was conceding to certain reliefs sought, and said the complaint will be reconsidered by An Garda Síochána.

Remy Farrell SC, for the commissioner, said there was consent to the reliefs.

Ms Justice Gearty made an order quashing the Garda’s decision not to investigate the man’s complaint.

An order anonymising the man was previously granted after counsel submitted his identification would place him “in danger from the Israeli authorities”. The man was joined in his legal action by Sadaka, an Irish non-governmental organisation seeking to support the freedom and rights of Palestinians.

On account of this, Israeli settlers are “profiting from the illegal construction of privately owned Palestinian land” without the man’s consent, he claims.

In August 2023, a complaint was made to the Garda regarding Airbnb’s alleged role in the rental process.

The complaint alleged Airbnb Ireland UC had committed offences under various Irish laws – the Geneva Convention Act, the International Criminal Court Act and the Money Laundering and Terrorist Financing Act.

The Geneva Convention Act and the International Criminal Court Act give effect in Irish law to the Geneva Conventions and the Rome Statute − which established the International Criminal Court. Both acts provide for extraterritorial jurisdiction, the man’s case noted.

However, the Garda’s National Economic Crime Bureau concluded in November 2024 that there were no offences “disclosed within this jurisdiction”, and therefore, a criminal investigation was not warranted. A review of that decision came to the same conclusion.

In the judicial review proceedings, the man claimed material submitted to gardaí “clearly demonstrates offences which were committed in Ireland”.