Why is this complaint necessary?

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The complaint is the first publicly-made of its kind to apply proceeds of crime and anti-money laundering legislation to investments linked to war crimes committed by Israel through its occupation of Palestinian territory.  

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The war crimes addressed in the complaint are those underpinning the illegal settlements established by Israel on the Palestinian territory it occupies, i.e. the transfer by Israel of its civilian population onto occupied Palestinian land and the theft of that land, and those being committed by Israel in its ongoing military offensive in Gaza.  

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These war crimes also form part of Irish domestic law through the International Criminal Court Act 2006 and the Geneva Conventions Act 1962. 

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The complaint highlights the possibility of banks, accountancy firms and law firms being found in breach of their “due diligence” obligations under anti-money laundering legislation in relation to client companies operating in Israel’s settlements. 

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In 2021, the Irish government warned that investments in or benefitting from Israeli settlements “entail legal and economic risks stemming from the fact that the Israeli settlements, according to international law, are built on occupied land and are not recognised as a legitimate part of Israel's territory.” Several other European governments, including the UK, have issued similar advice. 

On 5 April, ISIF announced its intention to divest from six of the eleven companies linked to Israeli war crimes. According to the complaint, the proceeds of the sale of these shares are also tainted by Israel’s criminal conduct.   

 

The GLAN, Al-Haq and Sadaka complaint demonstrates that the Illegal Israeli Settlements Divestment Bill 2023 currently before the Dáil (lower house of the Irish Parliament) is in fact modest. This Bill would only require ISIF to divest from the companies listed on the UN database. Under Proceeds of Crime Act, however, the proceeds of the sale of its shares in these companies and any other assets acquired with revenue obtained through them are liable to seizure by CAB.