Multi-jurisdictional legal action over listings in illegal Israeli settlements targets Airbnb

• Complaint forms part of a coordinated series of legal actions in the UK, US and Ireland concerning alleged money laundering by Airbnb of proceeds of Israeli war crimes.

• Criminal complaint made against Airbnb’s UK subsidiary concerning alleged money laundering of proceeds of illegal Israeli settlement accommodation

• If successful, these cases would set a precedent with major global consequences for businesses with direct and indirect links to the Israeli settlements

  
  

Tuesday 10 June, the Global Legal Action Network (GLAN), Sadaka Ireland and Al-Haq announce the launch of robust set of trans-Atlantic legal actions targeting Airbnb’s listings in Israel’s illegal settlements in the Occupied Palestinian Territory.

The legal actions target Airbnb’s Irish and UK subsidiaries, as well as its US parent company and highlight the major legal risks faced by companies, and their senior executives, for doing business in the illegal Israeli settlements.

In 2018, Airbnb promised to “act responsibly” and remove listings in these settlements, but subsequently reversed this decision and today continues to list over 300 accommodations listed for rent there.

Shawan Jabarin, General Director of Al-Haq: “At a time when we are witnessing genocide in Palestine, businesses like Airbnb are providing services that deny the Palestinian people their means of subsistence, threatening the viability of the group. Following the finding by the International Court of Justice, that Israel’s occupation is illegal, business activities trading in goods and services that maintain the illegal occupation, must come to an end –– i.e., those located in the OPT, including the settlements, and in Israel. It is time to end Israel’s impunity and take action.”

In Ireland

In August 2023, Sadaka and GLAN has filed a criminal complaint against Airbnb’s Irish subsidiary and its individual senior executives with the Garda National Economic Crime Bureau (GNECB). The complaint alleges complicity in the war crimes that underpin the Israeli settlements and related money laundering offences in connection with Airbnb Ireland’s role in listing accommodation in the 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 filed judicial review proceedings in the High Court, claiming the Gardaí made an error in law and acted irrationally in reaching this decision.   

If successful, this case will clarify how this area of law applies and require the Gardaí to remake their decision on Airbnb accordingly.  

GLAN has also written 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.  

In a separate but related action, GLAN and the Palestinian human rights organisation Al-Haq have submitted a joint complaint against Airbnb to the Irish National Contact Point (NCP) under the OECD Guidelines on Responsible Business Conduct. The complaint asks the NCP to find that Airbnb has not complied with its human rights obligations.  

These cases come as the Irish government prepares to introduce a bill to replace the Occupied Territories Bill. Recently, the government signalled its intention to exclude a ban on services from its new bill – such as those provided by Airbnb – linked to the Israeli settlements. 

Éamonn Meehan, Chair of Sadaka: “These cases make clear why the Irish Government’s new Occupied Territories Bill must ban services linked to the Israeli settlements. In fact, by doing so, the government would be doing companies like Airbnb a favour, given the sanctions they could otherwise face if found guilty of complicity in war crimes.”

In the United Kingdom

The acts of land appropriation, displacement and transfer of civilian population onto occupied territory which underpin the Israeli settlements are considered war crimes and crimes against humanity under both international law and related UK legislation. Furthermore, anti-money laundering legislation makes it an offence to handle money or other property derived from such criminal acts.

The complaint against ‘Airbnb Payments UK Ltd’ has been made to the National Crime Agency which prosecutes money laundering offences. It coincides with the filing of a legal challenge in Ireland’s High Court against the refusal by the Irish police to investigate the role of Airbnb Ireland’s role in facilitating listings in the settlements. That refusal came in response to a complaint made in 2023 under Irish war crimes and anti-money laundering legislation by GLAN and Sadaka (the Ireland Palestine Alliance) against Airbnb’s Dublin-based headquarters for Europe, Middle East and Africa, as well as its individual senior executives.

Money laundering – the knowing handling of proceeds of crime – is a serious criminal offence in most countries. Businesses also have onerous regulatory obligations to prevent money laundering. In this context, GLAN has written to Airbnb’s solicitors (A&L Goodbody), accountants (PWC) and bank (Citibank) highlighting 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.

In the US, an attorney for GLAN has sent a ‘preservation letter’ to Airbnb’s parent company, instructing it to preserve documents relevant to Airbnb’s involvement in the settlements. This is the first step in proceedings under the US ‘Foreign Legal Assistance’ statute seeking discovery of documents that may support the Irish and UK actions.

In the Netherlands, a similar case over money laundering by the European Legal Support Center (ELSC) and partners has also been brought against Booking.com which, like Airbnb, lists properties in the illegal Israeli settlements. ELSC joined GLAN and Al-Haq at a press conference in Dublin on 10th June to echo the need for urgent legislation from governments around the world to comply with international law, support Palestinian rights and protect businesses from legal risk.

Business Risk 

These legal actions follow the ruling by the International Court of Justice last July, that all States must prevent trade or investment that supports Israel’s illegal occupation of Palestine. 

The cases show that companies like Airbnb and Booking.com who do business on stolen land face major legal risks. The cases demonstrate the urgent need for governments around the world to comply with international law and legislate to support Palestinian rights and protect businesses from legal risk.  

GLAN Senior Lawyer, Gerry Liston: “These are the first ever cases to apply anti-money laundering legislation in the UK and elsewhere to business activity in the illegal Israeli settlements. They demonstrate that senior executives of companies profiting from Israel’s occupation of Palestinian territory risk prosecution for a very serious criminal offence.”

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