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. The Deputy will recall that the Attorney General, on behalf of the Government, made a submission to the court in respect of this. In its 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.
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 occupied Palestinian territory, and bringing about the full realisation of the right of the Palestinian people to self-determination. 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, for all states and for international organisations arising from Israel's unlawful presence in the occupied Palestinian territory, including in the field of trade. For Ireland and all EU member states, international trade falls within the exclusive competence of the Union. 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 EU-Israel Association Agreement expressly provides that it applies to the territory of the State of Israel only. This necessarily excludes the occupied Palestinian territory, including East Jerusalem. Discussions within the European Union on the implications for the Union's policies and practices vis-à-vis Israel and the occupied Palestinian territory have now begun. In these discussions, Ireland has pressed its clear view that the continuation of trade between the EU and Israeli settlements in the occupied Palestinian territory helps to sustain those settlements and therefore amounts to aid and assistance in the maintenance of the illegal situation there, entrenching it and making it economically more viable.
The ICJ advisory opinion has made it clear that all states must abstain from entering into economic or trade dealings with Israel concerning the occupied Palestinian territory that may entrench its unlawful presence there. In discussions in Brussels, the Government has called for the EU to take steps to prohibit that trade. In the context of the occupied territories Bill, a further opinion has been asked from the Attorney General. I believe this ICJ advisory opinion changes the situation. I will await the Attorney General's advice. I have already taken some actions on it. I believe it is a new context that, in my view, places obligations on member states to follow the recommendations of the court.