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High Court strikes down refusal by Gardaí to investigate Airbnb for alleged complicity in war crimes linked to Israeli Settlements

Groundbreaking legal action which targeted Airbnb’s Irish subsidiary over accommodation listings in Israel’s illegal settlements in the Occupied Palestinian Territory has succeeded.

Summary

  • World-first case based on money laundering and war crimes legislation sets precedent with major global consequences. 
  • Case succeeds following unanimous Foreign Affairs Committee recommendation to ban services linked to Israeli settlements. 
  • Gardaí now required to re-open investigation into Airbnb’s Irish subsidiary. 

The High Court of Ireland granted the Applicants – a Palestinian individual and Sadaka–the Ireland Palestine Alliance, both supported by the Global Legal Action Network (GLAN) – an order quashing the police’s refusal to investigate their criminal complaint against Airbnb. 

 

That complaint was made by Sadaka and GLAN in August 2023 against Airbnb’s Irish subsidiary and its senior executives to the Garda National Economic Crime Bureau (GNECB). The complaint alleged complicity in the war crimes underpinning the Israeli settlements and related money laundering offences in connection with “Airbnb Ireland’s” role in listing accommodation in these settlements. In November 2024, the GNECB declined to open an investigation, stating that the complaint disclosed no offence within the jurisdiction of Ireland.  

 

In response, on 9 May, Sadaka and an anonymised Palestinian individual brought an action against the Irish police claiming that their conclusion that the complaint disclosed no offence was legally erroneous and irrational. The GNECB then conceded the case in full, leading to a court order striking down its decision not to investigate Airbnb. 

 

This is the first ever court case worldwide concerning alleged corporate complicity in Israeli breaches of international law to conclude in favour of those who brought it. 

 

It is also the first ever court case worldwide to apply money laundering legislation to business activity in the Israeli settlements. Because this legislation is based on EU law, the outcome of this case demonstrates that any European company – and their senior executives – with business links to the Israeli settlements face major legal risks.  

In November 2018, Airbnb promised to “act responsibly” and remove listings in the illegal settlements but reversed this decision in April 2019. Today there are well over 300 accommodations listed there. 

 

The acts of land appropriation, displacement and transfer of civilian population into occupied territory that facilitate the Israeli settlements are defined as war crimes and crimes against humanity under both international law and related Irish legislation. It is an offence under Irish anti-money laundering laws to handle money or other property derived from such criminal acts. 

 

GLAN Legal Co-Lead and solicitor for the Applicants, Gerry Liston: “This groundbreaking result demonstrates that companies and their senior executives with commercial links to the Israeli settlements face risks of extremely serious criminal consequences. Every person working for a company involved in such activity should take note.”

 

Éamonn Meehan, Chair of Sadaka: “Today’s ruling further demonstrates why the Government must ban services linked to the Israeli settlements. To exclude activities such as those carried out by Airbnb would be a flagrant breach of Ireland’s international law obligations to ban trade with the settlements.”

 

The case formed part of a coordinated set of legal actions targeting Airbnb’s Irish and UK subsidiaries, as well as its US parent company, for their role in facilitating accommodation rentals in the Israeli settlements.

 

GLAN also previously wrote to Airbnb’s solicitors (A&L Goodbody), accountants (PWC) and bank (Citibank in Dublin) informing them of the relevance of Airbnb’s activities in the Israeli settlements to their anti-money laundering obligations, which require them to report instances of suspected money laundering to the authorities.

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