Canada’s legal duty to end trade with Israeli settlements

 

Ireland’s bold trade ban on settlement goods challenges Canada to align its foreign policy with international law

On June 25, the Irish government introduced the Occupied Territories Bill, a landmark piece of legislation aimed at aligning Ireland’s trade policy with international law.

The bill prohibits the import and export of goods and services to and from Israeli settlements located in occupied Palestinian territory, outposts deemed illegal under international law by the International Court of Justice (ICJ).

The issue of Israeli settlements is not merely a political or moral concern; it is fundamentally a matter of international law. In July 2023, the ICJ issued an advisory opinion reaffirming the illegality of Israeli settlements in the Occupied Palestinian Territory. The Court urged states to refrain from any support—whether through trade or other means—that could sustain these unlawful settlements. Ireland’s bill is explicitly framed as a step toward fulfilling these obligations, aligning national legislation with international legal standards. The opinion lends significant legal and moral weight to growing demands that states take concrete action to avoid complicity in what is widely recognized as a grave breach of international humanitarian law.

Since the 1967 Six-Day War, both the international community and the United Nations Security Council have consistently declared these settlements illegal. Key resolutions—including UN Security Council Resolutions 242 (1967), 446 (1979), and 465 (1980)—explicitly call on Israel to withdraw from occupied territories and condemn the establishment of settlements. These resolutions emphasize that such actions violate the Fourth Geneva Convention, which prohibits an occupying power from transferring its civilian population into occupied territory.

In stark contrast to the ICJ ruling, Canada’s current approach undermines this international legal framework. Under the Canada-Israel Free Trade Agreement (CIFTA), goods produced in Israeli settlements enjoy tariff-free access to the Canadian market, effectively legitimizing economic ties with territories deemed illegal under international law. This economic activity helps fund settlement expansion—trade under CIFTA alone totaled nearly $2 billion in 2021. While Canada positions itself as a humanitarian leader, this trade agreement contradicts its stated commitment to upholding international law.  (more...)

Canada’s legal duty to end trade with Israeli settlements