Al-Haq welcomes the Report on Pre-Legislative Scrutiny of the General Scheme of the Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill, published by the Joint Committee on Foreign Affairs and Trade of the Irish Dáil on 31 July 2025.
In view of the protracted process which has characterised the passage of the proposed legislation, and the immense and escalating criminal conduct of Israel, underscores the urgent imperative for the Bill to be enacted and commenced without further delay.
Al-Haq’s submission* to the Committee 1) acknowledged the diplomatic action and legal interventions made by the Irish state in defence of international law, and recognised as hugely significant the solidarity consistently expressed by the Irish public in support of Palestinian human rights, 2) noted that the General Scheme’s application to settlement ‘goods’ only, and not ‘services’ also, represents an unwarranted and arbitrary limitation, and 3) stressed that the terms of the General Scheme go only part way in satisfying Ireland’s legal obligations as they had been understood when the Control of Economic Activity (Occupied Territories) Bill 2018 was passed by the Seanad, and fall dramatically short of Ireland’s legal obligations as now clarified in light of the 2024 Palestine Advisory Opinion.
The Committee’s Report states that the draft legislation ‘is intended to ensure that Ireland is compliant with its international legal obligation, as identified by the International Court of Justice in its advisory opinion of 19 July 2024, to take steps to prevent trade relations that assist in the maintenance of the illegal situation created by Israel in the Occupied Palestinian Territory. Al-Haq’s submission emphasised that the 2024 Advisory Opinion expands upon the Court’s 2004 Wall Advisory Opinion, which had affirmed the illegality of Israel’s settlement project in the occupied Palestinian territory. The Court in its 2024 Palestine Advisory Opinion, reaffirmed the illegality of Israel’s settlement project, and the obligations on third states not to aid or assist that project, but the Court further, and clearly, emphasised the additional legal obligation on all states “not to render aid or assistance” that could maintain Israel’s unlawful presence in the occupied Palestinian territory.
As such the ICJ affirmed that not only is Israel’s conduct, for example concerning the construction of settlements and the forcible transfer of Palestinians from their lands, unlawful, all Israeli presence in the occupied Palestinian territory is unlawful. As a consequence, and as was also put to the Committee by several legal experts from whom it heard, states are obliged not only to take action in response to Israel’s settlement activity, but are further obliged to take action to ensure that they refrain from providing any support to Israel, by way of aid or assistance, regardless of the motivation or intent behind such support, which has the effect of making any contribution to the maintenance of the unlawful occupation.
Al-Haq commends all those individuals and organisations who have worked to develop this legislation, and appreciates the Committee’s reporting that there was an extremely high level of engagement by the public with over 770 submissions received:
‘Of the submissions received, the vast majority were in favour of legislation being taken forward in this area with fewer than 10 arguing against adoption of the measure. Over 700 of the submissions were explicitly in favour of adding a prohibition of service imports from the Occupied Palestinian Territories in the scope of the Bill or called for a return to the standard in the previous Occupied Territories Bill (which had included a prohibition on services within its scope).’
Noting the Report’s assertion that ‘The Committee feels strongly that the integrity of international law and the international rules-based order is dependent on States implementing them’, Al-Haq stresses the urgent need for the Report’s recommendations to be adopted and implemented, including the recommendation ‘that the Irish Government utilise every economic, diplomatic and legislative option to ensure that the European Union upholds foundational principles of the European Treaties.’
Al-Haq however reaffirms and stresses that all states are obliged under the Convention Against Genocide to act to prevent Israel’s escalating and expanding genocide, and to condemn Israel for its violation of article 3 of the Convention on Racial Discrimination, which prohibits racial segregation and apartheid, the prohibition of which is also a jus cogens norm of international law.
While the present Irish initiative has the potential to mark a historically critical moment, and to provide leadership and momentum in support of efforts at confronting and reversing the politics of normalising the illegal, further action to end all trade and complicity with settlements is required, as is additional and further legislative action to end all trade and other complicity with Israel which has the effect of contributing to the maintenance of the unlawful occupation.
Al-Haq’s submission can be found here.