Palestinian Man Appeals Garda's Decision on Settler Land Dispute in West Bank

A Palestinian man from the West Bank is challenging the decision of the Garda Commissioner not to investigate an alleged appropriation of his land by Israeli settlers, who reportedly constructed cabins on the property and are advertising them for rent on an Irish-registered website. The man, whose identity has been anonymized for safety reasons, has partnered with the Palestinian rights organization Sadaka and the Ireland Palestine Alliance Limited to bring the case forward in the High Court.

The legal action stems from a complaint filed in August 2024, which claimed that the settlers not only barred the landowner from accessing his property since the late 1990s but also engaged in activities that could be classified as illegal under international law. According to the court documents, the cabins erected on the man’s land are seen as part of a broader trend of illegal settlement expansion in the Occupied Territories, which has been a contentious issue in the Israeli-Palestinian conflict.

In the initial complaint, the plaintiffs alleged that the website facilitating the rentals acts as an accessory to various crimes, including the appropriation of land and potential money laundering. They cite Section 3 of the Geneva Convention, Section 7 of the International Criminal Court Act, and Ireland’s Money Laundering and Terrorist Financing Act as relevant legal frameworks under which the Garda should conduct an investigation.

The complaint alleges that the man’s inability to access his lands has led to significant decay and disrepair over the years, further compounded by the construction of the cabins starting in 2009 without his consent. The legal representatives for the applicants, including solicitor Gerry Liston from KOD Lyons, have provided evidence, including personal bookings at the cabins, to substantiate their claims that the properties remain available for rental as of May 2025.

In response to the complaint, the Garda National Economic Crime Bureau assessed the allegations and concluded that there were no offenses warranting an investigation within their jurisdiction. In a letter sent to the plaintiffs in November 2024, gardaí indicated that the matter had been closed after careful consideration. However, the plaintiffs expressed their discontent with this conclusion, arguing that it fails to adequately address the alleged criminality occurring in Ireland related to the rentals.

During a recent court session, James B Dwyer SC, representing the plaintiffs, argued for the continued anonymization of the Palestinian man, citing threats to his safety from Israeli authorities should his identity be disclosed. Justice Marguerite Bolger granted this request, recognizing the potential dangers involved.

This legal battle highlights the ongoing complexities and tensions surrounding land rights in the Israeli-Palestinian context, particularly as international laws regarding occupation and property rights remain a contentious area of debate. The implications of this case could have far-reaching effects on similar disputes in the region and how they are addressed by foreign jurisdictions like Ireland.

As the case adjourns until October, further scrutiny will likely be placed on the role of international law in resolving land disputes, particularly in regions fraught with conflict. The ongoing situation raises significant questions about the responsibilities of nations, corporations, and organizations in addressing and rectifying issues of land appropriation and illegal settlements under international law.