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Senior ministers concerned about effects of Occupied Territories Bill.

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Comments

  • Registered Users, Registered Users 2 Posts: 59,242 ✭✭✭✭walshb


    it’s nothing but a weird Irish fixation on Palestine!!



  • Registered Users, Registered Users 2 Posts: 31,764 ✭✭✭✭blanch152




  • Registered Users, Registered Users 2 Posts: 10,200 ✭✭✭✭volchitsa


    Ah but we do love a nice bit of grandstanding and virtue signalling.

    No coincidence we put a whole clause into our constitution that we made no effort to respect for decades afterwards. 8th amendment, Article 40.3, for anyone who's forgotten. Even the clause's main supporters said they had no interest in policing it. How many other countries have done that?

    Yet we've done it more than once, since 41.2 (a woman's place in the home) is similarly toothless and intended to be so. We couldn't actually be doing anything to enable women to stay at home if they wanted could we? That would never do.

    No it's all about saying things that sound great. This OTB bill is more of the same. Demagoguery: da supporters will will love it.

    "If a woman cannot stand in a public space and say, without fear of consequences, that men cannot be women, then women have no rights at all." Helen Joyce



  • Registered Users, Registered Users 2, Paid Member Posts: 27,954 ✭✭✭✭Peregrinus


    OTB, West Bank - they're connected.

    Yes, they are, obviously. Nobody has suggested otherwise. What's your point?

    In the following Jerusalem Post article (27 June 2025), Alan Shatter wrote . . .

    I wonder if he published this in the Jerusalem post in the hope that it would escape critical scrutiny?

    It's the case right now that anybody importing goods has to demonstrate their provenance (because the customs duty, if any, depends on their provenance). This isn't a special rule for goods labelled "made in Israel". It isn't a rule that the OTB will change.

    This only becomes an issue for goods labelled "made in Israel" if producers of goods in the Occupied Territories are labelling them as made in Israel, and the Israeli authorities are turning a blind eye to this. Is that the case? Because if so —

    • it is an obvious breach of Irish and EU law to import falsely-labelled goods; I don't see why Shatter (or anyone else) would complain about enforcement measures;
    • it is also a violation of the EU/Israel trade deal;
    • it's something the Israeli authorities can easily avoid themselves, by ensuring that goods produced in the Occupied Territories are accurately labelled.

    Shatter's "just asking questions" style of insinuating that Jews will be targetted, that synagogues will be raided, etc, is pathetic, absurd and offensive. Shatter, a former government minister, knows perfectly well what steps are taken to enforce trade sanctions in Ireland; he is relying on his Jerusalem Post readership having no clue about this, and having been conditioned to accept this unmitigated shîte by a stream of claims that Ireland as a rabidly antisemitic country.

    Seriously, PA, you should have thought twice before posting this. When the arguments marshalled against the OTB are obvious rubbish, drawing attention to them does not strengthen the case against the Bill. It weakens it, by giving the impression that there are no good arguments against the Bill. That is probably not the impression you hope to create.

    If the ICJ judgement on the settlements placed the obligation on countries that you say it places on them, then most EU member states other than Ireland would have versions of the OTB - but they don't. I don't envisage Germany or Austria or Italy having versions of the OTB - and I don't envisage them voting for sanctions against Israel either.

    Rather than trying to infer what the judgement says from the stance adopted by states you have selected because their stance suits your preconceptions, why not just read the judgment which, through the wonderful magic that is Google, is readily accessible to all? Para 278:

    Taking note of the resolutions of the Security Council and General Assembly, the Court is of the view that Member States are under an obligation not to recognize any changes in the physical character or demographic composition, institutional structure or status of the territory occupied by Israel on 5 June 1967, including East Jerusalem, except as agreed by the parties through negotiations and to distinguish in their dealings with Israel between the territory of the State of Israel and the Palestinian territory occupied since 1967. The Court considers that the duty of distinguishing dealings with Israel between its own territory and the Occupied Palestinian Territory encompasses, inter alia, the obligation to abstain from treaty relations with Israel in all cases in which it purports to act on behalf of the Occupied Palestinian Territory or a part thereof on matters concerning the Occupied Palestinian Territory or a part of its territory; to abstain from entering into economic or trade dealings with Israel concerning the Occupied Palestinian Territory or parts thereof which may entrench its unlawful presence in the territory; to abstain, in the establishment and maintenance of diplomatic missions in Israel, from any recognition of its illegal presence in the Occupied Palestinian Territory; and 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.



  • Registered Users, Registered Users 2 Posts: 12,959 ✭✭✭✭Red Silurian


    Meanwhile Turkey and China continue their occupations of Cyprus and Tibet respectively and trade deals with Ireland are unaffected by the OTB



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  • Registered Users, Registered Users 2 Posts: 31,764 ✭✭✭✭blanch152


    It does remain an Advisory Opinion, doesn't it?



  • Registered Users, Registered Users 2 Posts: 4,772 ✭✭✭Potatoeman


    Turkey also has a buffer zone with Syria that extends into Syrian territory and Iran pushed its board into Syria. Where’s the outrage about these?



  • Registered Users, Registered Users 2 Posts: 59,242 ✭✭✭✭walshb


    "Free free, Syria" just doesn't have the same vibe to it!!!!!



  • Registered Users, Registered Users 2, Paid Member Posts: 27,954 ✭✭✭✭Peregrinus


    Yes, but that doesn't mean that it's not authoritative as a declaration of the law.

    Earlier in the thread I offered the analogy in Irish law of a Supreme Court judgment declaring that a particular Act is repugnant to the Constitution. That's a declaratory judgment — it states what the law is, but doesn't direct any any particular person or body to take, or refrain from taking, any particular action. It's assumed that the relevant bodies will act appropriately in light of the judgment (which, in practice, they do).

    The advisory opinion is the same — it authoritatively declares what the law is, but doesn't direct any particular state to take, or refrain from taking, any specified action.

    The difference, I think, is that in the Irish context it would be easy to bring further proceedings against a body that, hypothetically, ignored a Supreme Court judgment and continued to try and enforce an unconstitutional Act, or to treat it as valid law. But when it comes to international law, enforcement mechanisms are patchy, or they don't work effectively because, e.g. the Security Council is paralysed by a veto. Hence, although the legal obligations stated in the ICJ Opinion are real, if a state ignores them there may or may not be an effective remedy for that — it depends on exactly what the State does or fails to do. In particular, if a state ignores them by simply failing to act, as opposed to taking a positive action which is a clear violation, there may be no effective remedy for that.

    So, if a state bars the importation of settlement goods, that can fairly easily be seen as an implementation of that state's obligations arising from the ICJ Opinion. But the Opinion doesn't actually say that this is a measure which states must take; another state might take a quite different measure, which might also be seen as an implementation of its obligations. A third state might decline to participate in a ban on importation of settlement goods, and seek to justify this by saying that they don't import more than a negligible amount of settlement goods in the first place, so in their circumstances an import ban wouldn't be an appropriate measure to take and they can't be faulted for not taking it. A fourth state might decline to participate in a ban because it doesn't consider bans effective, or because it has a policy using non-trade measures to influence affairs (and is implementing some other measure). A fifth state might decline to participate in a ban because in fact they support the occupation, and they might enter into an investment agreement with Israel to facilitate or encourage investments by its own residents in the occupied territory.

    Only the fifth state is clearly in violation of its obligations under the Opinion. Assuming they were, or had the backing of, a permanent member of the Security Council, the Security Council would take no action against them. There might or might not be some international forum in which the validity of the investment agreement could be challenged. (Currently the WTO trade dispute resolution procedures are not operating because the US has declined to agree to the appointment of any judges, but there might be some other forum with jurisdiction over the state concerned.) And, depending on the domestic law of the state, there might be a possiblity of challenging the investment agreement in the state's own courts as a violation of the state's international obligations.



  • Registered Users, Registered Users 2 Posts: 1,118 ✭✭✭Miniegg


    I wonder..

    Are you saying you support this bill but think it should be expanded to include those territories?

    Or are you trying to obfuscate a bill attempting to address massive breaches of international law by a western democracy (illegal annexation of land, and an ultra violent apartheid regime), by using whataboutery?



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  • Registered Users, Registered Users 2, Paid Member Posts: 27,954 ✭✭✭✭Peregrinus


    As noted earlier in the thread, China isn't internationally recognised as being in illegal occupation of Tibet. (Tibet has been internationally recognised as part of China since the early 18th century.)

    Turkey is regarded as being in unlawful occupation of Northern Cyprus, but it hasn't pursued a policy of expropriating land and resources in Northern Cyprus from the local population, settling its own citizens there, and seeking to economically dominate and exploit the territory of Northern Cyprus. This explains why the international response to the occupation of Northern Cyprus is different from the response to the occupation of the Palestinian Territories.

    It's true to say that Turkey's trade with Ireland is unaffected by the OTB, but a bit disingenuous to say it without also acknowledging that the importation of goods from occupied Northern Cyprus is already heavily restricted by EU law.



  • Registered Users, Registered Users 2 Posts: 12,959 ✭✭✭✭Red Silurian


    At its most basic level the bill is a good one. If you don't own the land, or more accurately if you don't pay your taxes, in the country you operate in then we don't want to deal with you. But we have one rule for Israelis and another for the rest of the world.

    Did it ever occur to you that the reason we hear more about the Israeli atrocities is because the press are more free in Israel than they are in China, Turkey or Palestine which might inaccurately sway the opinions of some?



  • Registered Users, Registered Users 2 Posts: 12,959 ✭✭✭✭Red Silurian


    I guess if other countries say it's ok for China to occupy Tibet we should shut up and fall in line, right?

    When Turkey invaded Cyprus in 1974 they displaced many of the Greek Cypriots who fled south. Their lands were subsequently built on by Turkish Cypriots. The city of Varosha for example still hasn't been handed back to Cypriots by Turkey



  • Registered Users, Registered Users 2 Posts: 1,118 ✭✭✭Miniegg


    Well at least you didn't say it was because we all so antisemetic!

    I disagree why we hear so much about this btw.i think there are many reasons, some being:

    Israel is a western democracy, so in some way represents our way of life and who we as a democracy claim to be. They are highly interlinked with European life - they compete in sports in Europe, we all know their football teams (as we do with Turkey), they are in Eurovision etc. Israel/Palestine is the Holy land. We have been hearing about places there since we could talk. Not to mention we all know about the holocaust, the amount of media (films, tv shows, books etc) dedicated to it is enormous, there will always be an interest in the survivors and their descendents.

    Rightly or wrongly, there just isn't the same interest or sense of familiarity in Chinese or Turks from alot of western people. I don't believe their media has much to do with it, from the parts I've read it is as biased, untruthful and blinkered as any I've seen. I seem to remember an article in Israel's main paper calling us in Ireland all medieval ultra Christian rabid antisemites who have waged religious war for centuries.

    But anyway, I do think you are correct. Occupied territories everywhere should be included, and hopefully one day it will get there. I don't think that should preclude the bill though - this awful stuff is going on on in Israel/ Palestine and should be discouraged in the harshest terms.

    The OTB isn't the real hypocrisy here, it's that Israel can carry out what they are doing without sanction from anybody because they are a western democracy.



  • Registered Users, Registered Users 2 Posts: 5,215 ✭✭✭political analyst


    The point is that the issue of Palestinian statehood is relevant to discussion of the OTB.

    As for Shatter's opinion piece, I acknowledge that it it is obviously not dispassionate.

    There's a lot of difference between the ICJ and the highest court of a sovereign state.

    Obviously, when the Irish supreme court declares legislation unconstitutional, the Oireachtas will eventually appeal that legislation but, presumably, the legislation is still unactionable in the period between the judgement and the repeal. That's a world away from a supposed obligation on UN member states to stop trading with Israeli settlements.

    It's not like the ICJ has the power to hold a head of government in contempt of court. Since when has the US government ever taken an ICJ judgement seriously?



  • Registered Users, Registered Users 2 Posts: 2,579 ✭✭✭thatsdaft


    How much in goods do we actually import from Israel (and hence potentially Palestinian territory)?

    CSO doesn’t have breakdown

    BTW there 6 and 7 million of imports from Saudi and Russia the first 4 months of this year

    Needless to say Russia occupies several dozen times the area of Palestine and killed several times more people and continues to do so

    And Saudi chops off heads of journalists in embassies



  • Registered Users, Registered Users 2 Posts: 4,772 ✭✭✭Potatoeman


    There are consequences to enacting these bills and policies. It could make Ireland less attractive as an IT location. There are a lot of Jewish people working in tech and the US will see it as supporting their (and frankly our) enemies. Ireland should follow the EUs lead on this. There is more to lose than there is to gain.



  • Registered Users, Registered Users 2, Paid Member Posts: 27,954 ✭✭✭✭Peregrinus


    Well, let me put it this way. The import of goods from occupied Northern Cyprus is already heavily restricted by law. Do you think the import of goods from the occupied Palestinian Territories should be subject to at least a similar level of legal restriction? If not, why not?

    Post edited by Peregrinus on


  • Registered Users, Registered Users 2 Posts: 31,764 ✭✭✭✭blanch152


    As I understand it, it is EU law that restricts imports from Northern Cyprus.

    The question then is why won't we wait for EU coordination.



  • Registered Users, Registered Users 2, Paid Member Posts: 27,954 ✭✭✭✭Peregrinus


    The point is that the issue of Palestinian statehood is relevant to discussion of the OTB.

    But what, exactly, is the relevance? How is a decision about whether to ban imports of settlement goods affected by whether we recognise the State of Palestine or not?

    There's a lot of difference between the ICJ and the highest court of a sovereign state.

    There is, yes. But there are also similarities.

    Obviously, when the Irish supreme court declares legislation unconstitutional, the Oireachtas will eventually appeal that legislation but, presumably, the legislation is still unactionable in the period between the judgement and the repeal. That's a world away from a supposed obligation on UN member states to stop trading with Israeli settlements.

    Actually, the Oireachtas generally doesn't repeal an Act which has been declared unconstitutional. They don't need to — the Act is a legal nullity; it has no effect. Strictly speaking, there is nothing to repeal and purporting to repeal it won't change anything. From memory, on the first couple of occasions when the Supreme Court invalidated an Act on constitutional grounds the judgment would include comments explaining this, and indicating how the state and ita agencies should behave with regard to an Act declared to be unconstitutional, but nowadays judgments generally don't mention this, because it's well understood.

    There is no "supposed obligation on UN member states to stop trading with Israeli settlements"; the obligation, as already stated, is "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". An OTB-type ban is one step that might be taken, but not necessarily the only step, or the most appropriate step for every state.

    It's not like the ICJ has the power to hold a head of government in contempt of court.

    The ICJ doesn't make orders against (or for) individuals. It only deals with states. And it doesn't find states to be in contempt — it has no contempt jurisdiction — but to be in "violation of international obligations".

    Since when has the US government ever taken an ICJ judgement seriously?

    Oh, lots of times. In the US Diplomatic Staff in Tehran case (1980), for example. Or the Rights of US Nationals in Morocco case (1952). The US has brought claims to the ICJ itself on more than one occasion — something it would hardly do if it thought ICJ judgments were not to be taken seriously. Even if we just look at Advisory Opinions, the US supported the Interpretation of Peace Treaties opinion (1950) and it appeals to the Legality of Nuclear Weapons opinion (1996) in support of its own nuclear strategy.

    Quite recently the US didn't either explicitly accept or explicitly reject the Chagos Islands opinion, but it implicitly recognised the force of that opinion when it pressed the UK (which had rejected the opinion) to make a deal with Mauritius to give up the UK claim to sovereignty — it recognised that the UK's claim was no longer tenable and it needed a firmer foundation for its own rights as lessee of the islands than a dodgy lease from the UK.



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  • Registered Users, Registered Users 2 Posts: 12,959 ✭✭✭✭Red Silurian


    Of course it should. Should we not also be condemning and bringing ICJ level cases against other occupying forces and not only be constantly politically attacking Israel?



  • Registered Users, Registered Users 2 Posts: 12,959 ✭✭✭✭Red Silurian


    Well at least you didn't say it was because we all so antisemetic!

    I do believe there's an element of antisemitism among some people who hold anti-Israeli views, same as you'd get everywhere! But for the vast majority of people, including yourself and others on here, no, anti-semitism isn't what I see as your motivation

    If you look at the major news outlets here, BBC and France 24 being the 2 that spring to mind first, they were always reporting from inside Israel much more often than they reported from Palestine before the war.

    I always sigh when I hear Hamas being referred to in the news as "the gaza ministry for health" or the "gaza civil defence" as if these nutjobs deserve some form of legitimacy!



  • Registered Users, Registered Users 2 Posts: 1,118 ✭✭✭Miniegg


    I do believe there's an element of antisemitism among some people who hold anti-Israeli views, same as you'd get everywhere!

    Absolutely. It's those levelling that accusation at the general Irish population due to our broad stance on this war riles me very badly.

    That intense jump to use this slur so quickly and incorrectly makes me think it's either being used purely to shut legitimate criticisms up (which makes me think what the hell kind of bad stuff are these people covering for to stoop to that), or by antisemites themselves who just hate Muslims a little bit more than Jews, and bear no weight on the awfulness of the term.

    That being said - I have seen a rise in comments from Irish accounts on the journal website and here, stating things like "there is a reason the Jews always expelled from places throughout history". That's fairly explicit in my mind, and disgusts me to see Irish people speaking like that, if those comments are genuine.

    Regarding Hamas, there are two iterations of them, afaik, it was explained to me on another thread as being somewhat similar to the IRA and Sinn Fein. One side is involved in war / terror/ extreme violence ) warcrimes, and the other is involved in politics and the boring stuff - administration, collecting taxes, paying teachers, funding hospitals and schools etc. They share a common goal obviously, but imo it's dangerous to conflate both things as the same. For example, those 14 paramedics who were killed (I believe) worked for the Palestinian civil defence, which is the administrative side. Open to correction.

    Im sure you aren't saying they were terrorist nutjobs or legitimate targets. If I am right in saying they are civil defence, they technically were employed at the end of the chain by Hamas, but were completely non violent - just people doing a very valuable job in possibly the most dangerous place in the world, and were murdered in cold blood. It would be like saying Russian or Israeli school teachers or nurses are legitimate targets because a war criminal runs the government that pays them.

    Anyway to bring this back on topic - I also think it is bad that other areas of the world are not included in the OTB, and I'm surprised by that tbh. It still doesn't mean I am against it as is - illegal settlements needs to be called out and challenged by the international community, and this is a good starting point. Hopefully the bill can be expanded.



  • Registered Users, Registered Users 2, Paid Member Posts: 27,954 ✭✭✭✭Peregrinus


    So you support the OTB, then? Or you want to see it tweaked in some way, but support it in principal?

    As for bringing ICJ level cases against Turkey, we don't need to. The illegality of the occupation is already internationally recognised, and sanctions are already in place. So what would you be bringing an ICJ case for, exactly? The ICJ case against Israel arose mainly because other avenues were ruled out by the US's security council veto. That wasn't the case for Turkey.

    Every occupation situation is different, as already pointed out in this thread, and a simplistic "you are applying double standards if you don't treat every case of occupation in exactly the same way" argument is not very compelling. To be honest, it looks like an attempt at distraction — let's talk about Turkey or China instead of about Israel, because I'd rather not talk about Israel, thanks all the same. Why, one cannot but wonder, would supporters of Israel not wish to talk about Israel?

    It is a fair question to ask why the Israeli occupation of the Palestinian territories attracts so much attention, and the answer is probably multi-factorial. One is the very aggressively colonial nature of the occupation, involving expropriation of land and resources, construction of settlements, importation of a settler population, dispossession and exile of the indigenous population, and an apartheid-type legal regime in the occupied territories in which Israeli citizens are privileged over the local population. There are not many occupations conducted in a similar fashion. Another is the fact that the occupation is regionally destabilising — the unresolved Israeli-Palestinian conflict has a major impact in the region, and signficant adverse effects on other states in the region. Hence it's a much bigger issue for the international community than, say, the Moroccan occupation of Western Sahara. A third factor is simply the scale of the occupation — the population of the Palestinian Territories is 5.5 million, and another 7.6 million Palestinians live in some degree of dispossession or exile. This makes it a much more signficant occupation than Western Sahara (600,000), Northern Cyprus (about 475,000) or even Tibet (3.4 million Tibetans in Tibet; about 150,000 in exile). Naturally, it's going to attract more attention.

    And finally there's the obvious counter argument; how can you justify taking action against e.g. Turkey if you take no action agains the much more egregious occupation being conducted by Israel?



  • Registered Users, Registered Users 2, Paid Member Posts: 27,954 ✭✭✭✭Peregrinus


    Because it hasn't happened yet.

    This isn't an either-or thing. Ther's no rule that says if you want co-ordinated action you must on no account take unilateral action, or vice versa. On the contrary, intiatives taken by individual states can lay the ground for, and build support for, co-ordinated action. If Ireland abandons the OTB, is that likely to make EU action happen more rapidly?



  • Registered Users, Registered Users 2, Paid Member Posts: 27,954 ✭✭✭✭Peregrinus


    If you look at the major news outlets here, BBC and France 24 being the 2 that spring to mind first, they were always reporting from inside Israel much more often than they reported from Palestine before the war.

    That might have something to do with the restrictions that Israel imposes — preventing or restricting the entry of foreign journalists into the occupied territories, detaining journalists, revoking press credentials and imposing intermittent communications blackouts. (And that was before the Gaza invasion — obviously, matters have got a lot worse since then.)



  • Registered Users, Registered Users 2 Posts: 12,959 ✭✭✭✭Red Silurian


    I assume you have a source for this and didn't just make it up?



  • Registered Users, Registered Users 2 Posts: 25,465 ✭✭✭✭Kermit.de.frog


    The government can't say they were not warned

    Mindless virtue signalling has a price.



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  • Registered Users, Registered Users 2 Posts: 59,242 ✭✭✭✭walshb


    we’re not just happy to condemn here, we’re all about grandstanding and ramming it home about how we “care” so much about Palestine. No other western country on earth is as aggressive in its wanting to take sides and slam another democratic country. It’s the anti Brit in us!!!



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