Legal opinion argues Ireland can ban trade with West Bank settlements
Campaigners calling for a ban on trade with illegal Israeli settlements have published a legal opinion which argues the move is fully compatible with EU law.
The opinion was written by two experts on EU trade law: Professor Takis Tridimas, a former legal advisor to the European Commission and European Parliament, and Professor Panos Koutrakos, three-time European Commission Jean Monnet chair in EU law and editor of the European Law Review.
The government opposes the Occupied Territories Bill, first tabled in 2018 by Independent Senator Frances Black and sponsored by Senators Alice-Mary Higgins and Lynn Ruane, on the basis that it would breach EU law.
The government has not published its legal advice but a briefing note prepared by then Attorney General Séamus Woulfe was leaked in 2020.
Professors Tridimas and Koutrakos say the legal arguments set out in that document are “not only unconvincing but also at odds with settled ECJ case-law”.
They say the bill has always been compatible with EU law but that case has been strengthened further by the landmark ruling of the International Court of Justice (ICJ) last month.
The bill is now “necessary… as it gives effect to the duties” outlined by the ICJ, they say.
Senator Black said: “In the six years since I first tabled the Occupied Territories Bill, the situation in Palestine has rapidly deteriorated.
“While the world is focused on the horrific, genocidal war in Gaza, across the West Bank we’re also seeing one of the biggest land grabs in decades — more homes destroyed, families displaced, settlements built.
“How can we repeatedly condemn this as illegal but continue to trade in the goods produced? It’s clear hypocrisy and it must stop.”
Senator Higgins added: “The ICJ ruling is historic, not just in what it says about Israel’s repeated violations of international law and Palestinian rights, but what it means for the rest of us.
“The court has made crystal clear that all countries, including Ireland, must immediately stop trading with Israel’s illegal settlements. Failure to do so makes us complicit. Statements of condemnation are not good enough, morally or legally. It’s time for action.”