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Ireland's New Anti-Israel Law Is a Win for Hamas
(New York Post) Prof. Eugene Kontorovich - Last week, the Irish legislature passed a law banning the import of goods from Jewish communities in Judea and Samaria and much of Jerusalem, which it calls "settlements in the Occupied Palestinian Territories." The measure is part of a growing trend in Europe connected to the anti-Israel boycott, divestment, sanctions (BDS) movement, which aims to delegitimize Jews living in their biblical homeland by treating them as international lepers. Hamas hears the message loud and clear: Even if it loses on the ground, it can achieve big diplomatic victories. In 1977, Congress prohibited U.S. companies from participating in boycotts of countries with which the U.S. maintains friendly relations. Two different presidential administrations have said that the Irish law will mean immediate consequences under U.S. law for the many American companies that have set up shop in Ireland for tax purposes - particularly since the ban applies even to eastern Jerusalem and other areas that the U.S. recognizes as being fully under Israeli sovereignty. The U.S. embassy itself is located in an area that the Irish bill treats as an illegal "settlement." American companies doing business in countries listed as boycotters by the Treasury Department face tax and other penalties if they abide by their requirements. Until now, Treasury's list was made up solely of Arab states and it's gotten steadily shorter, as more Arab countries have made peace with Israel and started normal trading relationships. Now Treasury must add Ireland to its official list of boycotting countries: If Dublin wants to act like Damascus, it must be treated as such. Imposing trade restrictions on a U.S. ally as it fights alongside us in a hot war is deeply disrespectful. The U.S. must make it crystal clear that countries which choose to impose sanctions on an ally will face the consequences of U.S. law. The writer is a professor at George Mason University Law School.