We, the undersigned, members of the legal profession and academy, are writing to express our deep concern at the Irish Government’s continued failure to take the necessary steps to comply with its international legal obligations in relation to the crisis in Palestine. 

The daily atrocities in Gaza carry an appalling human toll and are being perpetrated by Israel in overt defiance of fundamental rules of international law and human rights. Palestinian, Israeli and international civil society organisations, as well as the United Nations, have extensively documented these egregious breaches, variously amounting to war crimes, crimes against humanity and genocide. 

The extreme gravity of the situation is reflected in both the International Court of Justice and the International Criminal Court currently being seised of the matter.

While we commend the Irish Government’s support for and engagement with relevant international institutions, particularly international courts and United Nations bodies, including UNRWA, we consider that Ireland has fallen considerably short in meeting its own specific obligations under international law in the face of these persistent and indeed escalating abuses in Gaza, the West Bank and East Jerusalem.

Under the 1949 Geneva Conventions, Ireland has a duty set out in Common Article 1 “to respect and ensure respect” for those treaties “in all circumstances”. As a State party to the 1948 Genocide Convention, Ireland also has an obligation “to prevent and to punish” the crime of genocide — what has been described as “the crime of crimes”. 

The State must take all reasonable legal, diplomatic and economic steps to achieve the cessation of such serious violations, accountability for those responsible, reparations for victims and compliance by Israel with international law.

In its Advisory Opinion of July 2024, the International Court of Justice declared Israel’s presence in the Occupied Palestinian Territories to be unlawful and held that it must be ended “as rapidly as possible”. All States are obliged to neither recognise this presence as lawful nor to “render aid or assistance in maintaining the situation” created by Israel’s illegal presence. 

The United Nations General Assembly, by an overwhelming majority, adopted a resolution in September 2024 setting out how to give effect to the Advisory Opinion, as mandated by the Court. It called on States to ensure that their nationals, companies or governmental bodies do not recognise or provide aid or assistance to the unlawful situation, to cease the importation of products from unlawful Israeli settlements and to implement sanctions against both natural and legal persons engaging in the maintenance of Israel’s unlawful presence in Palestine. 

Ireland co-sponsored and voted in favour of the resolution which quite specifically called on States to take steps “to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the Occupied Palestinian Territory”. As Tánaiste, you stated that “We must not shy away from the need to ensure compliance with international law. The occupation must be brought to an end”. Yet little discernible progress has been made by Ireland in fulfilling its legal obligations.

Successive Irish governments have delayed and prevaricated on what is known as the Occupied Territories Bill. We do not consider there to be any insurmountable legal obstacles, in either Irish, European or international law, preventing the adoption of legislation prohibiting the import of goods and services produced in the unlawful Israeli settlements in the West Bank. 

We consider this is the absolute minimum required from the State to comply with its international legal obligations and the holdings of the International Court of Justice. Anything less would be an abrogation of Ireland’s long-standing commitment to international law and human rights. 

We call on the Irish Government to act urgently to adopt the necessary domestic legislation to give effect to its international obligations arising as a result of Israel’s unlawful presence in Palestine and the continued commission of severe breaches of international law. Any existing legal advice on proposed legislation should be published in full.

We remind the Irish government that its obligations under international law, including those elaborated by the ICJ, require that it acts to ensure that international organisations of which it is a member, such as the European Union, do not render aid or assistance to the unlawful actions of Israel. Ireland must press with an even greater urgency to ensure that the EU-Israel Association Agreement is reviewed and necessary action taken based on its own terms and in light of relevant ICJ rulings. 

We demand that the Irish government review and report on existing trade and economic relations with Israel, including the issuing of bonds by the Central Bank, to ensure that these do not contribute to recognising, aiding or assisting the unlawful situation created by the continued presence of Israel in the Occupied Palestinian Territories. 

Finally, we call on Ireland to provide enhanced support to relevant international institutions, in particular those facing attacks and sanctions, such as the International Criminal Court and UNRWA.

The persistent violations of human rights, repeated atrocities and denial of the self-determination of the Palestinian people require concerted efforts by all States at the domestic, regional and international level. Without urgent and meaningful action, Ireland will continue to fail to meet its own obligations under international law.  

Yours sincerely,

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