UN court opinion ‘changes context’ on Bill banning Israeli settlement imports

Ireland’s deputy premier has said that an opinion from the UN’s top court “changes the context” around the Occupied Territories Bill.

The government said previously that legal advice from Attorneys General (AGs) indicated that the Bill was not legally possible to implement because trade matters are an EU competency.

The Bill aims to ban imports from illegal Israeli settlements in Palestinian land deemed occupied under international law.

Irish premier Simon Harris said that when he took up office in April, he asked again about the legality of the Occupied Territories Bill.

He said in July the “clear” legal advice from Attorney General Rossa Fanning was the same as previous AGs’ advice.

Speaking on his way into Cabinet on Tuesday, Tanaiste and Foreign Affairs Minister Micheal Martin said that he had received fresh advice on Monday night from his department’s legal team.

He said a memorandum would be prepared for next week in relation to the Occupied Territories Bill.

He said that an advisory opinion from the International Court of Justice (ICJ) “changed the situation” by stating that EU member states had an obligation not to do anything to support the illegal occupation of Palestine.

The top UN court said in a non-binding opinion in July that Israel’s presence in the Palestinian territories broke international laws and must end.

Mr Martin said: “That offers a clearer way forward, although there are still challenges and the existing Bill would need to be redrafted and amended very substantively, given the advice we have received, which is in many areas consistent with previous advice in terms of constitutionality issues, but definitely the ICJ changes the context in which one can proceed now.”

He added: “I think the fundamental issue is that the nature of trade with occupied territories, and I think there is a very stateable case now, given the advisory opinion from the ICJ in respect of trading with the occupied territories, and that’s an area we’re now going to explore as the most legal-proof way we can do that.”

Mr Harris said that Ireland and every other country “must use every lever at its disposal” to bring about a ceasefire in the Middle East.

“Up until now, it’s been clear that the Occupied Territories Bill hasn’t been compatible for a whole variety of reasons, including European trade law.

“There was a moment, though, of change during the summer when the International Court of Justice gave a very clear advisory opinion in relation to the illegal occupation of the occupied Palestinian territories and that, in my view, places an obligation on countries to do more to give effect to that advisory opinion.

“So I therefore asked the Attorney General to look afresh on the issue, and he did that, and last night he advised the coalition leaders. Next week that advice will formally go to Cabinet.

“It’s always been my preference to move at a European level in relation to this, myself and my Spanish counterpart Pedro Sanchez have consistently raised at the European Council table the need for Europe to move in terms of ceasing trade with Israel until there’s a ceasefire and an end to this violence. There has not been majority support for that in Europe.

“Tomorrow, I will attend the European Council, and my message to European leaders will be very clear, we’re not going to wait for everyone in Europe to develop a consensus on this.

“If there’s more Ireland can do, Ireland will absolutely not be found wanting, and I’d be willing to work with people across the political divide in relation to this, and yes, I would like this current government to make progress on it.”

Green Party leader and Children’s Minister Roderic O’Gorman said the ICJ’s decision was “a gamechanger” in allowing Ireland to exercise “international leadership” by ceasing trade with the occupied territories.

He said the Attorney General briefed the three coalition party leaders on Monday night on the legality of the Occupied Territories Bill.

He added: “That judgment says that states have an international law obligation not to engage in trade with Israel in the occupied territories.

“It’s morally indefensible for Israel to continue to allow settlements be built on land which is to become the new Palestinian state, and it’s the Green Party’s position that Ireland shouldn’t be trading with the occupied territories.

“We want to see that position advanced in the remaining lifetime of this government.”

He added: “It is a legally complex issue. The Attorney General will be providing the three leaders with written advice later this week, and I hope that we’ll be in a position to bring a plan as to how we go forward to cabinet soon, maybe as soon as next week.”

Meanwhile, Mr Harris was accused of “spinelessness” over his recent bilateral meeting with US President Joe Biden in the Oval Office.

People-Before-Profit TD Paul Murphy said: “We saw Simon Harris in the White House last week failing to even ask Joe Biden – the man who was providing the weapons that enabled this genocide to take place – failing to even ask him not to provide the weapons.

“Just a shocking display of spinelessness, of a lack of moral courage to say to the most powerful person in the world who has the power to stop this: ‘Please stop this’.”

Mr Murphy also said the Irish Government was “complicit in genocide” if it did not take action on the reported flights carrying munitions to Israel through Ireland’s airspace.

For his part, Mr Harris told reporters in Washington that he was “clear” that every state had to do more to bring about a ceasefire in the region, including considering the supply of arms.

Mr Murphy and Social Democrats TD Gary Gannon also told reporters it was their belief that legal grounds for enacting the Occupied Territories Bill existed prior to the ICJ ruling.