The High Court has been told that gardaí will reconsider a decision not to proceed with an investigation into a complaint by a Palestinian man that Airbnb allowed Israeli settlers to advertise cabins for rent, built on land stolen from him in the West Bank.
It follows legal proceedings taken against the Garda Commissioner by Sadaka - The Ireland Palestine Alliance - and the man, who cannot be named by order of the court.
The action was supported by the Global Legal Action Network (GLAN).
Sadaka and GLAN made a complaint to the Garda National Economic Crime Bureau (GNECB) in August 2023 against Airbnb's Irish subsidiary and its senior executives about their role in listing accommodation in the settlements.
The GNECB refused to open an investigation on the basis that the complaint disclosed no offence within the jurisdiction of Ireland and a criminal investigation was not warranted.
Airbnb Ireland is the headquarters for the company, covering Europe and the Middle East.
In what GLAN said is one of the first cases of its kind worldwide, Sadaka and the man claimed the decision by gardaí was legally erroneous and irrational.
They sought to quash the decision not to proceed with an investigation.
In documents grounding the case, the court heard the Palestinian man said he had been barred from accessing his land by the Israeli defence forces since 1998.
In 2009, he said, two cabins were erected on his land and by 2018 these were listed on Airbnb as rental properties. He said this was leading to settlers profiting from illegal construction on privately-owned Palestinian land without his consent.
He said the property was currently advertised on Airbnb as being available to be booked and the bookings were carried out through its Dublin office.
A detailed complaint was sent to gardaí in August 2023 submitting that Airbnb Ireland was committing certain offences contrary to Irish law under the Geneva Convention and money laundering legislation.
The Palestinian man cannot be identified after the court heard there was concern that he could be targeted by Israeli authorities.
The court was told by barrister Aoife McMahon, for Sadaka and the man, that the Garda Commissioner was conceding the issue and she understood the matter would be reconsidered by the force.
Legal action is 'groundbreaking' - GLAN
In a statement, GLAN described the legal action as "groundbreaking" and said it was the first such case to conclude in favour of those who had brought it.
It also said it was the first case in the world to seek to apply money laundering legislation to business activity in the Israeli settlements and European companies with links to the settlements face major legal risks.
Airbnb had promised to remove such listings in 2018, GLAN said, but reversed its decision in 2019, and there are more than 300 accommodations currently listed.
It said it was an offence under Irish law to handle money or other property derived from criminal acts such as land appropriation and displacement of people.
GLAN said this case was part of a coordinated set of legal actions targeting Airbnb’s Irish and UK subsidiaries as well as its US parent company in relation to the issue.
In a statement, an Airbnb spokesperson said the company operates in compliance with applicable laws in Ireland.
Since 2019, the policy has been to donate all profits generated from "the very smal number of bookings in the entire West Bank," the spokesperson added.
