Senior Government Ministers have highlighted the significance of the recent International Court of Justice (ICJ) advisory opinion on illegal Israeli settlements as they await their legal advice on the Occupied Territories Bill.
The Bill, first advanced in 2018 by Independent Senator Frances Black, is aimed at banning imports from Israeli settlements on Palestinian territory.
Previous Attorneys General had advised that the Bill was contrary to European Union trade law.
The Government has sought fresh legal advice from Attorney General Rossa Fanning on the proposed legislation.
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Tánaiste Micheál Martin told the Dáil that further advice has been sought from Mr Fanning “in respect of that, but also within the context of the International Court of Justice’s advisory”.
Referring to the European Union, he said: “What are the obligations on the union over time in respect of the ICJ’s advisory opinion. I think it’s a very significant turning point and Europe has to face up to that reality.”
He was responding to Sinn Féin foreign affairs spokesman Matt Carthy who had highlighted Mr Martin’s support for the Bill when in opposition.
In July the UN’s top court ruled that Israeli settlements in the West Bank and East Jerusalem are in breach of international law and that Israel’s occupation of those territories amounts to long-term annexation which has undermined the right of the Palestinian people to self-determination.
These were the main findings of a non-binding advisory opinion issued by the ICJ.
On Thursday Green Party leader Roderic O’Gorman said his party considers the Occupied Territories Bill as “an appropriate way of sanctioning trade from the illegally occupied territories”.
Mr O’Gorman said it would be “particularly important” for Mr Fanning to outline the consequences of the ICJ opinion for the interpretation of EU law when he briefs the three Government party leaders shortly.
Mr O’Gorman said the Attorney General will be briefing the three party leaders shortly.
In the Dáil Mr Carthy also referred to allegations on The Ditch news website claiming that Minister for Public Expenditure Paschal Donohoe as Minister for Finance had a “secret phone call” with his Israeli counterpart in 2019 confirming that the Government would block the Occupied Territories Bill.
The claim was allegedly made in documents leaked from the Israeli ministry of justice.
But Mr Martin said he spoke to Mr Donohoe before he came into the Dáil on Thursday morning. “He is clear that he did not make any such phone call and the published diary doesn’t record any such phone call. I think it speaks to people rushing to judgment before ascertaining the full facts. He is very, very clear.”
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