The categorization of the acts involved in Israel’s settlement project as grave breaches of the peremptory norms of international law and war crimes reflects their seriousness and confirms the urgent and imperative need for the international community to act. Israel must immediately cease all settlement activity, dismantle all settlements and move its civilians from occupied territory into Israel proper. Third states must ensure by all legal means that Israel does so.
Companies from all over the world are conducting a wide range of business activities in or with settlements and, in doing so, helping sustain and expand illegal settlements. They are doing this in full view of the international community. Governments are allowing activities to take place that contradict their own public policy position on settlements and indeed breach their international legal obligations.
Governments worldwide must take action to regulate companies or activities over which they have control in order to prevent them from fuelling the settlement economy and, in so doing, sustaining Israel’s illegal settlement enterprise. Failing to do so and merely standing by makes them complicit in this enterprise.
In the specific context of the tourism activities cited in this report, governments must take regulatory action to ensure digital tourism companies, including Airbnb, Booking.com, Expedia and TripAdvisor, do not provide listings in settlements to Israeli settlers and do not promote settlers’ tourism services in the OPT. This requires states in whose territory digital tourism companies are domiciled or headquartered to take regulatory action to prevent these companies (and their branches, subsidiaries and affiliates across the globe) from providing or facilitating the provision of tourism services in settlements or by settlers in the OPT. It also requires all states to ban the provision or facilitation, including through digital platforms, of tourism services in settlements or by settlers in the OPT.
By boosting the settlement tourism industry and, as a result, the settlement economy, Airbnb, Booking.com, Expedia and TripAdvisor are contributing to, and profiting from, the maintenance, development and expansion of illegal settlements, which amount to war crimes under international criminal law. Their promotion of settlements as a tourist destination also has the effect of “normalizing”, and legitimizing to the public, what is recognized under international law as an illegal situation.
The companies are not ensuring that the locations of settlement properties, activities and attractions are accurately reflected on their websites. Incorrect or incomplete geographical descriptions can result in customers inadvertently supporting illegal Israeli settlements.
The companies are also acting in breach of their responsibility to respect human rights by contributing to an inherently discriminatory and abusive regime which systematically violates the human rights of Palestinians.
Digital tourism companies are well aware that Israeli settlements are illegal under international law. Any basic preliminary risk mapping would reveal this fact, as well as the fact that settlements violate a vast number of human rights of the Palestinian population. These preliminary findings alone should be sufficient for any company to reach the conclusion that it cannot do business in or with settlements in a way that is consistent with international human rights and humanitarian law. Regardless of the potential human rights impact of specific activities, virtually all business activity in or with settlements goes towards supporting an illegal situation characterized by grave and widespread human rights violations. The fact that digital companies also contribute to, and benefit from, violations of the human rights of specific groups of Palestinians, as established in the case studies, makes their participation in the settlement enterprise all the more objectionable.
To comply with their responsibilities to uphold international humanitarian law and respect human rights, Airbnb, Booking.com, Expedia and TripAdvisor must therefore stop listing tourist accommodation, activities and attractions in settlements or run by settlers in the OPT, including East Jerusalem. To this end, all companies must put a mechanism in place that allows them to establish the exact geographical location of prospective listings. Requests from Israel or the OPT should be considered red flags that trigger further checks. The companies should refuse a listing request once they determine, through a robust preliminary screening and vetting process, that a property, activity or attraction is situated within a settlement or run by settlers in the OPT, including East Jerusalem.
Digital tourism companies must also take steps to remediate the violations they have contributed to. As stated before, the UN Guiding Principles clearly indicate that companies should remediate any human rights abuse that they have caused or to which they have contributed. Remedy should include guarantees of non-repetition as well as satisfaction, compensation and other measures of reparation as appropriate to the circumstances and the wishes of those affected.
Airbnb’s announcement that it will stop listing in settlements in the West Bank (excluding East Jerusalem) is welcome, but only a first step. The company must implement this announcement, it must reflect its commitment in a revised public policy, and it must redress the harm it has contributed to. Airbnb must also extend its commitment to Israeli settlements in East Jerusalem.
RECOMMENDATIONS TO THE GOVERNMENT OF ISRAEL
Immediately cease all settlement activity as a first step to dismantling all Israeli settlements and related infrastructure in the OPT and relocating Israeli civilians living in such settlements outside of the OPT.
Stop immediately the destruction of land, houses and other properties that is not an absolute military necessity.
Cancel all orders for the demolition of unlicensed houses in the OPT and immediately place the responsibility for planning and building policies and regulations in the OPT with local Palestinian communities.
Provide effective redress to all those whose properties have been destroyed in violation of international humanitarian law and human rights standards protecting against forced evictions. This should include offering support to those affected in rebuilding their property in the same place as it was before it was destroyed.
Ensure that Israeli forces protect Palestinian civilians and their property against violence by Israeli settlers by instructing them to adequately address complaints against settlers who assault Palestinians or destroy their property, by carrying out prompt and thorough investigations of complaints of settler violence submitted to them, and by deploying patrols to protect Palestinian schoolchildren and other civilians in areas where there is a danger of settler violence.
Ensure proper investigation of alleged human rights violations by Israeli forces and bring to justice in fair trials anyone found responsible.
Ensure Palestinians have free access to their agricultural lands without obstructions and remove road restrictions to allow Palestinians freedom of movement within the OPT.
Ensure that the Palestinian population has access to a sufficient, safe and regular supply of water to satisfy their personal and domestic needs and for their economic development, including the development of their industrial and agricultural activities and other activities necessary to enjoy their rights to an adequate standard of living, water, food, adequate housing, health and work.
Permit as a matter of priority the construction of water and sanitation infrastructure sufficient to ensure Palestinians have physical access to sufficient, safe and regular water, and to prevent damage to water resources.
RECOMMENDATIONS TO ALL OTHER STATES (THIRD STATES)
Institute legal and policy reforms to require companies domiciled or headquartered in their territory to respect the rules of international humanitarian law in situations of armed conflict and occupation.
Institute legal and policy reforms to require companies domiciled or headquartered in their territory to respect human rights wherever in the world they operate.
Ban the provision or facilitation, including through digital platforms, of tourism services, including holiday accommodation, activities and attractions, in illegal Israeli settlements or by settlers in the OPT.
Take regulatory action to prevent tourism companies, including digital tourism companies, domiciled or headquartered in their territory from providing or facilitating the provision of tourism services in illegal Israeli settlements or by settlers in the OPT. These services may include rental accommodation and holiday activities and attractions.
Support the UN Database and the OHCHR’s work to compile and regularly update the UN Database as a necessary and proportionate tool to promote greater transparency, accountability and respect for international law by both states and businesses.
RECOMMENDATION TO THE GOVERNMENT OF THE UNITED STATES OF AMERICA
Take regulatory action to prevent US-based companies such as Airbnb, Booking.com, Expedia and TripAdvisor from providing or facilitating the provision of tourism services through their own activities or those of branches, subsidiaries and affiliates, in illegal Israeli settlements or by settlers in the OPT. These services may include rental accommodation and holiday activities and attractions.
RECOMMENDATION TO THE GOVERNMENT OF IRELAND
Take regulatory action to prevent Ireland-based companies, such as Airbnb Ireland (which handles all Airbnb business outside of the USA, China and Japan) from providing or facilitating the provision of tourism services, including holiday accommodation, activities and attractions, in illegal Israeli settlements or by settlers in the OPT.
RECOMMENDATION TO THE GOVERNMENT OF THE NETHERLANDSTake regulatory action to prevent Netherlands-based companies, such as Booking.com, from providing or facilitating the provision of tourism services, including holiday accommodation, activities and attractions, in illegal Israeli settlements or by settlers in the OPT.
RECOMMENDATIONS TO BOOKING.COM, EXPEDIA, TRIPADVISOR AND OTHER DIGITAL TOURISM COMPANIES
Adopt a robust policy, which should be publicly available, committing not to list or in any other way promote properties, activities or attractions in illegal Israeli settlements or run by settlers in the OPT.
Adopt adequate procedures, such as robust screening and vetting processes, to ensure the effective and consistent implementation of this policy in practice and disclose details of these measures, their implementation and outcomes.
Cease any current listing of properties, activities and attractions located in illegal Israeli settlements or run by settlers in the OPT and provide a clear public explanation as to the reasons for this action. This should be based on the illegality of settlements under international law and the human rights violations that result from them.
Compensate for the harm suffered by Palestinian residents of communities affected by settlements where the companies have listed properties or attractions.
Consult with these affected Palestinian communities on other appropriate measures of reparation.
Report publicly on their human rights due diligence policies and processes and provide details as to how these are implemented in practice, including specifically in connection with operations in Israel and the OPT.
RECOMMENDATIONS TO AIRBNB
Provide a timeframe for the implementation of its 19 November 2018 announcement that it will remove listings in illegal Israeli settlements in occupied West Bank.
Extend its commitment to remove listings in settlements to Israeli settlements in occupied East Jerusalem.
Publicly clarify that its decision to remove listings in illegal Israeli settlements is based on the illegality of settlements under international law and the human rights violations that result from them.
Adopt a robust policy, which should be publicly available, committing to not list or in any other way promote properties, activities or attractions in illegal Israeli settlements or run by settlers in the OPT, including East Jerusalem.
Adopt adequate procedures, such as robust screening and vetting processes, to ensure the effective and consistent implementation of this policy in practice, and disclose details of these measures, their implementation and outcomes.
Compensate for the harm suffered by Palestinian residents of communities living near settlements where the companies have listed properties or attractions.
Consult with affected Palestinian communities on other measures of reparation.
Report publicly on the company’s human rights due diligence policies and processes and provide details as to how these are implemented in practice, including specifically in connection with operations in Israel and the OPT.
RECOMMENDATIONS TO THE OFFICE OF THE UN HIGH COMMISSIONER FOR HUMAN RIGHTS
Publish the UN Database of businesses operating in or with illegal Israeli settlements, as requested by the Human Rights Council in its Resolution 31/36 of March 2016, as soon as possible and thereafter regularly update it.
To the extent not addressed in any prior version of the UN Database, consider examining the provision or facilitation of tourism services in settlements or by settlers in the OPT, including through online platforms, for potential inclusion in further updates of the UN Database, in line with due process.
To the extent it has not already done so in any prior version of the UN Database, assess the conduct of Airbnb, Booking.com, Expedia and TripAdvisor in relation to their provision of online services to settlers and the facilitation of tourism services by settlers in the OPT and consider including them in further updates of the UN Database, in line with due process.
