Matt Carthy: In a world where principles are too often compromised, this Bill can be a beacon of moral clarity
Israel has been in breach of multiple international laws and United Nations resolutions for several decades. It has never faced a single meaningful consequence for these violations.
Little wonder, then, that Israeli leaders feel they can act with impunity. This has led to an arrogance that has resulted in the catastrophe we have witnessed unfold in Gaza. Objective independent analysis of Israeli actions in occupied Palestine has determined that international humanitarian law is being flagrantly disregarded.
Collective punishment, illegal occupation, annexation, false imprisonment, cruel and degrading treatment, targeting of innocent civilians – each illegal under international law and each conducted by Israel systematically over decades.
There are other states that ignore and breach the UN charter. None does so while enjoying such a prolonged period of substantial financial, military and diplomatic assistance from the international community, especially the western world. Israel enjoys the most preferential economic, trading and diplomatic relationship with the EU that it is possible for a non-European country to have.
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The human rights clauses within the EU-Israel Association Agreement have proven to be worthless in restricting the actions of a state that has targeted every single healthcare facility in Gaza, most on multiple occasions, since October 2023.
History tells us that states that engage in such barbarity will continue to do so until the world says stop. There are some within the world – the US, Britain and the EU included – who refuse to say stop. That will be to their eternal shame.
Just as was the case in responding to apartheid South Africa, some countries must take the lead. Just as was the case with South Africa, Ireland should be among those countries.
What can Ireland do? We are a small country, militarily neutral with an independent foreign policy, albeit bound by the restrictions of EU competencies. What we can and should do are those things that are within our gift to uphold international law.
At its core, the Occupied Territories Bill is a legal response to breaches of international law. Settlements in occupied territories, such as those in the West Bank, are widely recognised as violations of the Fourth Geneva Convention, which prohibits the transfer of an occupying power’s civilian population into occupied land.
This Bill simply prevents goods and services from these settlements from being traded in Ireland. Trade policies are not just economic tools – these reflect a nation’s values. Refusing to trade in such goods aligns Ireland’s economic practices with our ethical commitments.
The Bill was passed by the Dáil and Seanad six years ago. From the outset, Fine Gael committed to block its passage. They succeeded. Fianna Fáil has supported this blockage over the past five years, despite having brought the Bill to the Dáil.
When Fianna Fáil’s Niall Collins introduced the Bill he asked “if this is not the time to act, when will that time come?”
Since then, and long before the despicable Hamas attacks of October 2023, Israel continued to intensify its occupation, annexation and apartheid policies without fear of sanction. For the past 15 months Israel has carried out war crimes on a regular basis.
It is about Ireland stating clearly that international law must mean something
Were it not for the mobilisation of tens of thousands of campaigning citizens, for the political pressure exerted by Sinn Féin and others in opposition, and for the abhorrence of the Irish people at what they have witnessed in Gaza, then we wouldn’t have the commitments, given on the cusp of an election, from Fine Gael and Fianna Fáil to finally move on this Bill.
In a world where principles are often compromised for political or economic convenience, this legislation can be a beacon of moral clarity. It is not merely about trade policy – it is about Ireland stating clearly that international law must mean something.
The alternative is a return to the “might is right” doctrine. We Irish know better than most that this is the real threat to society, the economy and our collective futures. The time to act is now.
Matt Carthy is Sinn Féin spokesperson on foreign affairs and defence and is a TD for Cavan-Monaghan
Daniel Mulhall: We need to cast a cold eye on a Bill that is likely to be seen as a boycott on Israel
Cards on the table. Palestinians have suffered a grave historical injustice, but they have also been ill-served by Hamas. The callous attack on Israeli civilians on October 7th, 2023, was an outrage. Israel was justified in hitting back at Hamas.
The assault on Gaza has gone on far too long now with huge loss of life and needs to be brought to an end, with all hostages held by Hamas also being released. It is high time to resurrect a political process with some form of two-state solution as its end point.
Ireland has long been sympathetic to the plight of Palestine and, in the past year, we have recognised its independent statehood and intervened in the case taken by South Africa at the International Court of Justice. Israel has announced the closure of its Embassy in Dublin and, wrongly in my view, accused our Government of anti-Semitism.
The planned legislation known as the Occupied Territories Bill, first tabled in 2018, has gained renewed momentum and could be given a green light by the incoming Coalition.
This measure has its supporters and detractors. I am in neither camp, but I do think its pros and cons need to be weighed very carefully. It won’t do to conduct a purely emotional discussion about moral imperatives. We need to cast a cold eye on the Bill and its implications for Ireland.
I would like to see an account of how this Bill is intended to aid Palestinians. Irish trade with the Israeli-occupied territories appears to be minuscule, which means that the legislation would have no material impact. Its supporters say it will send a strong signal to Israel, which, however, is largely impervious to international pressure except perhaps from the US.
Foreign policy decisions are not a free hit for a country like ours with a complex set of international interests. There is a real risk that the Bill could breach EU law and trigger legal action against us, but the Government may perhaps be able to iron that out with the EU Commission.
Even our most influential friends in the US will not have our back on this one
The more serious threat comes from the US where the Bill is likely to be seen as a boycott of Israel. While we may have legal advice to the contrary, that won’t count with the White House or the US Congress. They will make up their own minds and act accordingly. Even our most influential friends in the US will not have our back on this one.
For its part, Benjamin Netanyahu’s government would be more than happy to see Ireland’s standing in US undermined.
It is hard to calculate the potential scale of retaliatory action from Washington, but it is not negligible. The advent of the Trump administration, with the president-elect’s tendency to shoot from the hip, changes everything. Governments everywhere are having to recalibrate in face of this unpredictable new reality. Imagine how different the world now looks viewed from Copenhagen than it did before Donald Trump publicly set eyes on Greenland.
It would be wise to bide our time on the Bill and size up the incoming US presidency for a year or two. The Trump team’s inclinations on tariffs and the reshoring of industrial activity already represent a definite challenge for Ireland. Is it wise to put ourselves in their sights over the Bill?
I don’t suggest that we abandon this proposition, but a good foreign policy has to reconcile values with interests. The cause of peace between Israel and Palestine may actually be better served by arguing our case within the EU instead of pursuing a lonely furrow as an outlier.
My instinct with regard to the Bill in such a fraught international environment is to handle with care.
Daniel Mulhall was Irish ambassador to the US from 2017 to 2022. He is on X: @DanMulhall and Bluesky: @danmulhall.bsky.social
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