On 19 July 2024 the International Court of Justice delivered its Advisory Opinion on the Legal Consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.
The Court’s principal conclusions were that Israel’s continued presence in the Occupied Palestinian Territory is unlawful, and that Israel is under an obligation to end its unlawful presence in the OPT as rapidly as possible.
In particular, the Court considered that all states have a duty to distinguish in their dealings with Israel between its own territory and the OPT. This duty includes an obligation to take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the OPT.
While the Court’s advisory opinion is not in itself legally binding, it represents an authoritative statement of applicable international law, which is binding on all states and international organisations.
Ireland subsequently co-sponsored a resolution adopted by the General Assembly on 18 September 2024 which seeks to implement the Court’s advisory opinion. The resolution elaborated on the obligations arising for Israel, all states, and international organisations from Israel’s unlawful presence in the Occupied Palestinian Territory, including in the sphere of trade.
The Taoiseach sought updated legal advice from the Attorney General in relation to the Control of Economic Activity (Occupied Territories) Bill 2018, having regard to the Court’s advisory opinion.
The Government has decided, in light of the Court’s advisory opinion and the Attorney General’s updated advice, to engage with the sponsor of the Bill with a view to preparing the amendments necessary to ensure that it is compatible with EU law and the relevant provisions of the Constitution. The Government’s analysis is that substantive amendments will be required.
The Government has now taken the necessary steps to facilitate the further consideration of this Bill in Dáil Éireann, and both I and officials within my Department have had constructive engagements with the sponsor of the Bill.
The preparation of the necessary amendments will require further consultation with relevant Government Departments, as well as with the Attorney General, and any such amendments will require to be approved by the Government before being introduced at the appropriate stage in the Dáil.
In the interim Ireland, together with like-minded EU member states, will continue to press within the EU for steps to be taken with a view to preventing trade or investment that may assist in the maintenance of the illegal situation created by Israel in the OPT.
