Ireland becomes first European country to ban trade, imports from Israeli settlements
Ireland’s commitment to the prohibition on imports from Israeli settlements came after the International Court of Justice delivered its Advisory Opinion on 19 July 2024.
Ireland has become the first country in Europe to introduce legislation to ban trade with Israeli settlements in the West Bank and East Jerusalem, Irish Foreign Affairs and Trade Minister Simon Harris announced on Wednesday, following the publication of his new bill.
The General Scheme of the Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill has already been approved by the Government, but will now pass on to the Oireachtas Committee on Foreign Affairs and Trade for Pre-Legislative Scrutiny.
According to the statement, the Irish government’s commitment to the prohibition on imports from Israeli settlements came after the International Court of Justice delivered its Advisory Opinion on July 19, 2024.
As soon as the scheme is implemented, any imports will become an offence under the Customs Act 2015, and customs will be able to search, seize, and confiscate the goods. Harris added that the scheme intended to use the Israeli settlement postal code system currently employed by the EU in order to differentiate Israeli goods from settlement goods.
“The situation in Palestine remains a matter of deep public concern,” Harris said. “I have made it consistently clear that this Government will use all levers at its disposal to address the horrifying situation on the ground and to contribute to long-term efforts to achieve a sustainable peace on the basis of the two-state solution.”
“Israeli settlements in the Occupied Palestinian Territory are illegal and threaten the viability of the two-State solution. This is the longstanding position of the European Union and our international partners. Furthermore, this is the clear position under international law.
Harris added that he is yet to see an “adequate response at EU level” regarding imports from settlements following the ICJ’s 2024 Advisory Opinion.
“This is an issue that I will continue to press at EU level and I reiterated my call for concrete proposals from the European Commission at the Foreign Affairs Council this week,” he added, noting that his Government has made “a significant step forward” by advancing its own legislation.
“I am acutely aware that this legislation has been a particular focus of public interest and attention here at home and I look forward to hearing the views of Oireachtas colleagues and key stakeholders on the General Scheme.”
While the wording of the statement was more legalistic and less emotive, Harris’s words to reporters took a different slant.
“Ireland is speaking up and speaking out against the genocidal activity in Gaza,” he said.
Harris told reporters that he hopes the “real benefit” of publishing the legislation will be to inspire other countries to do likewise, as “every country must pull every lever at its disposal.”
Irish lawyer Alan Shatter, who previously served as Justice and Equality Minister and Defense Minister, lambasted Harris on X.
“Only Simon Harris and our current government could be so foolish as to create the acronym PIGS to reference a new law that targets & boycotts Jewish-produced goods.”
Shatter remarked that this is the first time since the defeat of Nazi Germany that any European government has promoted a law to specifically boycott Jewish produced goods and criminalize those who import them.
“The fundamental flaws and violations of EU law with which the Bill is riddled best explain the new acronym. Put simply the Bill fundamentally violates EU law and is not legally kosher,” he said.
ICJ’s Advisory Opinion
The ICJ’s Advisory Opinion of 19 July 2024 declared that Israel’s settlements in the West Bank and East Jerusalem are contrary to the sixth paragraph of Article 49 of the Fourth Geneva Convention, and therefore illegal.
As a result, it advised all nation states to “take concrete and effective measures” including “refraining from any unconditional financial, economic, military or technological aid to the State of Israel, and punishing such violations where appropriate and in accordance with the relevant treaties to which they are parties.”
Harris, and counterparts from Belgium, Finland, Luxembourg, Poland, Portugal, Slovenia, Spain, and Sweden last week called on the European Commission to create proposals for EU states on how to discontinue trade and import with Israeli settlements, in line with obligations stated by the ICJ.
Israel’s Foreign Minister Gideon Sa’ar responded at the time: “It is regrettable that even when Israel is fighting an existential threat which is in Europe’s vital interest, there are those who can’t resist their anti-Israeli obsession.”
