Neasa Hourigan (Dublin Central, Green Party)
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55. To ask the Minister for Foreign Affairs and Trade the actions Ireland has taken to comply with the 19 July 2024 determination by the International Court of Justice on Israel’s presence in the occupied Palestinian territory, which states that Member States are under obligation to ‘abstain from entering into economic or trade dealings with Israel concerning the Occupied Palestinian Territory or parts thereof which may entrench its unlawful presence in the territory’; and if he will make a statement on the matter. [39225/24]

Micheál Martin (Cork South Central, Fianna Fail)
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On 19 July 2024 the International Court of Justice delivered an advisory opinion on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.

In it advisory opinion, the Court concluded that Israel’s continued presence in the Occupied Palestinian Territory is unlawful, and that Israel is under an obligation to bring its unlawful presence there to an end as rapidly as possible.

The advisory opinion sets out the consequences arising not only for Israel, but for all states, as well as for international organisations, including the United Nations. While advisory opinions are not binding in and of themselves, they represent authoritative statements of applicable international law, including customary law obligations which are binding on all states and international organisations.

The Court concluded that states are under an obligation not to recognise as legal the situation arising from the unlawful presence of Israel in the OPT, and not to render aid or assistance in maintaining the situation created by the continued presence of Israel in the OPT.

In particular, the Court considered that states are under an obligation to distinguish in their dealings with Israel between the territory of Israel and the OPT. The duty of distinguishing in dealings with Israel encompasses the obligation to abstain from entering into economic or trade dealings with Israel concerning the OPT or parts thereof which may entrench its unlawful presence in the territory.

Ireland made both written and oral submissions to the Court during the course of these advisory proceedings. In its submissions, the Government argued that all states, as well as international organisations competent in the field of external trade (which for Ireland is the European Union) are required to review their trading relationships with the settlements in the OPT and to take steps to prevent trade that assists in the maintenance of the situation created by settlement activity.

As such, the Government’s position was fully aligned with the opinion delivered by the Court.

I issued a statement immediately following the delivery of the Court’s opinion, indicating that I would be engaging with partners, including within the EU, with a view to ending Israel’s unlawful presence in the OPT, and bringing about the full realisation of the right of the Palestinian people to self-determination.

The Court found that the precise modalities to bring to an end Israel’s unlawful presence in the OPT is a matter to be dealt with by the UN General Assembly, which requested the Court's opinion, as well as the Security Council, taking into account the Court’s opinion.

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 elaborates on the obligations arising for Israel, all states, and international organisations from Israel’s unlawful presence in the Occupied Palestinian Territory, including in the field of trade.

International trade falls within the exclusive competence of the EU. As such, Ireland acts through the EU in relation to the conclusion of agreements relating to international trade in goods and services. Trade relations between the EU and its member states and Israel are governed by the EU-Israel Association Agreement.

The Association Agreement provides that relations between the parties will be ‘based on respect for human rights and democratic principles, which guides their internal and international policy and constitutes an essential element of the Agreement’. Ireland called earlier this year for an urgent review of whether Israel is complying with its human rights obligations under the Association Agreement.

In Ireland’s view the conclusions of the International Court of Justice, and the resolution adopted by the UN General Assembly, require a fundamental review of EU-Israel relations, including the EU-Israel Association Agreement.

The EU’s international relations are founded on respect for the principles of the UN Charter and international law. The EU and its member states are bound by the legal obligations identified by the Court in its advisory opinion as binding on all states and international organisations.

Ireland, together with like-minded EU member states, will continue to press within the EU for immediate 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.