Thursday, 4 July 2024

Booking.com faces criminal complaint over listings in illegal Israeli settlements.

Extract from ABC News 

ABC News Homepage


The views from the balcony of Igal Canaan's home look like they've been lifted from the pages of National Geographic.

Sprawling desert mountains stretch as far as the eye can see, cradled by clear blue skies, creating a serene moonscape panorama.

Mr Canaan markets the short-term holiday rental property as a "room with view" but there's a problem with the destination.

The property is in an Israeli settlement in the occupied West Bank, making it illegal according to international law.

Human rights lawyers say that should get Mr Canaan's property and others like it banned from being advertised on platforms like Booking.com and are taking action against the company.

A drone view from above of a residential neighbourhood built on top of a mountain surrounded by arid land
Igal's property is in the Israeli settlement of Nofei Prat, one of many in the West Bank.(ABC News: Haidarr Jones)

Mr Canaan's rental properties are in the Israeli settlement of Nofei Prat, about 20 kilometres from Jerusalem.

He says it's a matter of opinion as to whether he is breaking international law.

"It's one interpretation of the international law, because by international law, it's completely illegal," he says.

"But we show it from our point of view. This area of what you call the West Bank, is Judea and Samaria, the original Israel … the mountains of Judea and the desert of Judea and Jerusalem and Samaria."

This is also how the Israeli government refers to the area where its law considers the settlements to be legal.

These settlements are spread throughout the Occupied West Bank and house more than an estimated half a million Israelis, who often enjoy substantially superior amenities and infrastructure compared to their Palestinian neighbours.

A map shows the West Bank territory with blue shading indicating Israeli settlements throughout
As of April 2024 there were more than 100 Israeli settlements throughout the Israeli-controlled area in the West Bank.(ABC News: Lucy Sweeney)

Lawyers from the European Legal Support Centre (ELSC), Palestinian human rights group Al-Haq, SOMO and The Rights Forum have filed a criminal complaint in the Netherlands, alleging Booking.com is profiteering from the commission of war crimes in the occupied Palestinian territory.

Booking.com was founded and is headquartered in Amsterdam, where Dutch law prohibits companies and individuals from profiteering from war crimes.

Legal officer Daan de Grefte from ELSC claims that Booking.com is taking profits from illegal Israeli settlements, including land stolen from the local Palestinian population.

"We think that the settlements in the occupied Palestinian territory are the result of war crimes, mainly two war crimes," he said.

"First, the unlawful appropriation of adversary property. And second, the transfer of civilians into occupied territory. Without those two war crimes, settlements could not have been established.

"So our argument is that any money derived from those settlements is also indirectly derived from those war crimes."

Several photo frames, some with blue background and yellow circle with numbers hung on a wall
Igal's properties are popular and are booked nearly every weekend.(ABC News: Haidarr Jones)

The group of lawyers has referred the case to the Dutch Public Prosecution Service, which is examining whether to lay criminal charges against Booking.com.

In the West Bank, Mr Canaan says his holiday properties are incredibly popular and are booked nearly every weekend, and throughout major holidays.

He says the main base of his visitors are from within Israel, but also advertises to international tourists on multiple online platforms.

"About 30 per cent of the whole are people coming from abroad by Booking.com, Airbnb and Hotels.com, these kinds of platforms," Mr Canaan said.

"Booking.com wants to do business with us as they like to do business with Palestinians or Arabs.

"They don't put their heads in who is right and who is wrong. They want to do business everywhere."

A man sitting at a desk using a compuer mouse with a screen in front of him showing a property
Igal lists his property on several online booking platforms.(ABC News: Haidarr Jones)

The human rights lawyers estimate there are around 70 active holiday property listings in the occupied Palestinian territory, including East Jerusalem.

Mr de Grefte said Booking.com also had a moral and ethical obligation not to profit from illegal Israeli settlements.

"Booking.com has committed to respecting certain human rights in its human rights statement, which was quite recently updated," he said.

"It very clearly says that it does not want to contribute to any adverse human rights impacts, especially on local communities in places where they operate.

"Well I think it's very clear that many very authoritative human rights organisations … have documented very, very extensively … that a company cannot be active in Israeli illegal settlements and still not contribute somehow to adverse human rights impacts."

On its website, Booking.com lists Mr Canaan's property, and others in the areas, as being located in the "Palestinian territory" inside and "Israeli settlement" but does not provide any description those settlements are considered illegal under international law.

A man wearing a blue shirt stands next to a small gate leading to a home with his elbow resting on the wooden beam
Igal's property attracts visitors from around the world.(ABC New: Haidarr Jones)

Booking.com did not answer specific questions from ABC News but said the company was monitoring the legal situation and taking the matter seriously.

"Our mission at Booking.com is to make it easier for everyone to experience the world and as such we believe it's up to travellers to decide where they want and need to go," a spokesperson said.

"If a particular region may be categorised as disputed or conflict affected, and as such may pose greater risks, we include information to help make sure travellers can make their own informed decisions, or at least check the official travel guidelines of their government as part of their decision making process."

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