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Dáil Éireann Debate, Tuesday - 13 February 2024

Tuesday, 13 February 2024

Questions (154)

Brendan Howlin

Question:

154. Deputy Brendan Howlin asked the Tánaiste and Minister for Foreign Affairs if the Government accepts that Israeli settlement policy in the occupied Palestinian territories is a breach of peremptory norms of international law, including in particular international humanitarian law; if the Government recognises the obligation of the State not to recognise the illegal situation created by this breach, and not to aid or assist in maintaining this illegal situation; his views on whether this includes a legal obligation to abstain from entering into economic or other forms of relationship or dealings with Israel or Israeli entities that purport to acknowledge Israeli authority over Palestinian territory or which would give legal effect to settlement activities or would otherwise entrench the illegal situation; his views on whether the State has a duty to dissuade Irish business from contributing to violations of human rights and international humanitarian law, including by developing economic relations with settlement enterprises; whether the Implementation Group of the National Plan on Business and Human Rights has considered the issue; if so, to outline its view; and if he will make a statement on the matter. [6653/24]

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Written answers

I remain deeply concerned by Israeli policies regarding settlements.

All Israeli settlements in the occupied Palestinian territory, including East Jerusalem, are illegal under international law. Ireland has consistently and repeatedly drawn attention to the unlawfulness of settlements.

Continuing, and indeed increasing, Israeli settlement activities dangerously imperil the viability of the two-State solution based on 1967 lines. These concerns are widely held by the international community; the UN Security Council has affirmed that Israeli settlements are ‘a major obstacle to the achievement of the two-State solution and a just, lasting and comprehensive peace’. I would therefore like to take this opportunity to reiterate Ireland’s consistent call to Israel to immediately cease all settlement activity across the occupied Palestinian territory.

In accordance with international law, Ireland distinguishes between the territory of the State of Israel and the territories occupied since 1967 and ensures that any bilateral agreements with Israel do not apply to the occupied territories.

A whole of Government approach is applied to this policy of differentiation. My Department supports other Government Departments by providing guidance and clarification on the policy of differentiation and ensures that there is information available for the public and companies regarding Ireland's policy on settlements.

Regarding Ireland’s economic and trade relationship with Israel, the EU's common commercial policy is a matter of exclusive EU competence. The EU also applies a policy of differentiation, which it reiterated most recently to Israel at the EU-Israel Association Council in October 2022. Ireland is vocal in ensuring that this policy is applied consistently across all sectors of EU cooperation with Israel.

More broadly, Ireland is committed to the implementation of the United Nations Guiding Principles on Business and Human Rights (UNGPs), the global standard for preventing and addressing the risk of adverse impacts on human rights involving business activity. To operationalise the UN Guiding Principles, my Department and the Department of Enterprise, Trade and Employment have jointly commenced policy development on Ireland’s second National Action Plan on Business and Human Rights.

The Deputy will be aware that the UN General Assembly has sought the advisory opinion of the International Court of Justice on the matter of Israeli practices and policies in the occupied Palestinian territory. Ireland voted in favour of the UN General Assembly resolution and has participated in this case. The Attorney General will represent the State at oral hearings on this in The Hague on 22 February.

Respect for international law, and in particular for the UN Charter, is the bedrock of international peace and security. This will continue to be the guiding principle for Ireland’s approach, including at The Hague next week. It is the only way to ensure the long-term security of both Israelis and Palestinians.

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