Hopes are rising that the government will finally pass a law banning trade with Israel

Although countries such as Ireland and Spain have exerted pressure in recent months over the EU-Israel Association Agreement, they have encountered strong resistance from major EU states such as Germany and France, which continue to support Israel despite the ongoing war in Gaza.

A review of the agreement on the basis of its human rights clauses is only possible with the consent of other EU member states – and this is unlikely to happen in the near future.

The public also called on the government to go further, as evidenced, for example, by the public protests that regularly take place on the streets of Dublin, Cork and cities across the country.

Although support for Palestine has always been very strong in Ireland, there have been few social issues that have attracted so much public attention in Ireland in recent years. Usually foreign policy issues evaporate quite quickly, but that is not the case with the ongoing war in Gaza.

The public is disgusted and dismayed at the level of death and destruction Israel has inflicted on the Palestinian people. People see it daily on their social media channels, on television and in the pages of newspapers.

This is reflected in the tens of thousands of confirmed deaths, the buildings razed to the ground and hospitals bombed, and the starving children left without life-saving assistance.

But there is now a glimmer of hope for those who have long called on Ireland to curb trade with Israel, as the impact of the International Court of Justice's opinion begins to be felt.

The ruling, which calls on all states to stop trading with illegal Israeli settlements in the West Bank, puts renewed pressure on the government to address the issue. Activists are now convinced that the Occupied Territories Bill is not only feasible, but that it is only a matter of time before it is passed by the Oireachtas.

The bill itself would prevent Ireland from importing goods originating from illegal settlements, including those in the West Bank.

The Government has long considered the Bill, which has been on the Oireachtas agenda for years, to be incompatible with European law. Attorney General after Attorney General has pointed out that the Bill cannot be implemented.

But in the last few days the dynamics have shifted slightly.

It all started with Irish Deputy Prime Minister Micheál Martin, who confirmed that, following the ICJ ruling, he would take action to stop all future purchases of defence and security equipment from Israel.

Shortly afterwards, Taoiseach Simon Harris announced that he had sought up-to-date legal advice regarding trade with Israel.

He said such action was “appropriate” in light of the International Court of Justice's ruling and that “all levers” must be used to put pressure on the Israeli government to end the war in Gaza.

This news came during the preparation of the campaign to pass the law and was welcomed by activists.

However, they believe there has never been a barrier to trade, citing Article 36 of the Treaty on the Functioning of the European Union. This section allows countries to restrict trade for reasons such as public morality, politics or security.

The activists said this allowed Ireland to deviate from trade with Israel “for reasons of public order and to protect fundamental rights”.

However, a leaked report by former Attorney General Seamus Woulfe states that there is no case law that would allow Ireland such an exception.

However, the activists received legal advice from two EU trade law experts – Professors Takis Tridimas and Panos Koutrakos – who argued that the bill was now “necessary”.

They refer to two separate cases – Schmidberger and Omega – in which the European Court of Justice ruled that Member States were permitted to derogate from EU law, even on freedom of movement, as long as this served to protect the fundamental rights of individuals.

If implemented, this could give the government room to restrict the import of goods from the occupied territories. With the government potentially taking action on trade issues, activists are more optimistic about the future of the Occupied Territories Law.

One of the activists – Éamonn Meehan of Sadaka, the Ireland Palestine Alliance – said he believed the question was “no longer if, but when”.

The upcoming parliamentary elections are not stopping the campaign from putting pressure on the government. All political parties are being called upon to support the law on the occupied territories in their respective election manifestos.

With pressure likely to mount as the war drags on, the three coalition partners face the challenge of responding to the campaign in what may well be a very different Dáil.