The involvement of Booking.com in the Israeli settlements across the West Bank has come under scrutiny for its potential violation of international law and Dutch anti-money laundering legislation. The company’s rental listings in these settlements are seen as profiting from war crimes against Palestinians. The proceeds from these activities, booked through the Netherlands, are alleged to constitute money laundering.
Israeli Settlements and War Crimes
Israeli settlements in the West Bank are considered illegal under international law and are linked to numerous human rights violations against Palestinians. These settlements are built on land appropriated from Palestinians, often involving the destruction of homes and displacement of communities. The international community, including the International Court of Justice, has recognized the illegality of these settlements.
Earnings from Illegal Settlements
Booking.com lists properties located in Israeli settlements in the Occupied Palestinian Territories (OPT). These settlements are deemed illegal under international law, and their establishment often involves war crimes such as the appropriation of Palestinian land, destruction of homes, and forced displacement of residents. By facilitating rentals in these settlements, Booking.com generates revenue directly tied to these illegal activities.
Revenue Collection
When customers book properties in these settlements through Booking.com, the company collects booking fees and commissions. These revenues are generated from activities occurring in territories that are occupied illegally, making the proceeds illicit under international law.
Booking in the Netherlands
Booking.com, headquartered in the Netherlands, records all its global revenues, including those from Israeli settlements, in its Dutch financial accounts. This practice ensures that the proceeds from these settlements enter the Dutch financial system.
Layering the Illicit Funds
Once the revenues from the settlements are integrated into Booking.com’s overall income, the specific origin of the funds becomes obscured. By blending these revenues with legitimate earnings from other global operations, Booking.com effectively launders the money. The illicit origins are masked through complex financial transactions and regular business operations, making it challenging to trace the funds back to the illegal activities in the settlements.
Integration into the Legitimate Economy
The laundered money is then used as part of Booking.com’s legitimate business operations, including reinvestment in business growth, payment of dividends to shareholders, and covering operational expenses. At this stage, the funds are fully integrated into the legitimate economy, appearing as normal, lawful income.
The company’s revenues from these listings are seen as proceeds from criminal activities, thus falling under the purview of Dutch anti-money laundering laws. The argument is that these proceeds, once integrated into the Dutch financial system, are laundered funds from illegal activities.
The Role of Booking.com
Booking.com operates as a global online accommodation platform, listing properties from various locations, including Israeli settlements. Research conducted between March 2021 and May 2023 identified an increasing number of listings in these settlements, with 70 properties listed as of May 2023. These listings contribute to the normalization and economic viability of the settlements, indirectly supporting the ongoing occupation and associated human rights abuses.
The presence of these listings on a major platform like Booking.com hides the criminal nature of the settlements and misleads customers about the legality and ethical implications of their stays. This practice has significant consequences for Palestinians, who face systematic discrimination and are often barred from accessing these properties, even if they are the original landowners.
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Impact on Palestinian Communities
The Israeli occupation has devastating effects on Palestinian communities in the West Bank. Homes are demolished, lands are seized, and Palestinians face severe restrictions on their movement and access to resources. The establishment of settlements often leads to physical attacks, destruction of livelihoods, and forced displacement of Palestinians.
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Booking.com’s involvement exacerbates these issues by providing economic support to the settlement enterprise. Properties listed on the platform are often located on land taken from Palestinians, who are then denied the right to stay in these properties. This discriminatory practice highlights the broader system of segregation and apartheid that governs life in the occupied territories.
Legal Basis for the Case Against Booking.com
The case against Booking.com is built on the premise that its activities in the Israeli settlements contribute to and profit from war crimes. Under Dutch criminal law, specifically Article 1 (4) of the Dutch International Crimes Act, profiting from international crimes is illegal. By channelling proceeds from illegal settlement activities into the Dutch financial system, Booking.com is alleged to be engaging in money laundering.
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The criminal complaint against Booking.com is supported by extensive research and advocacy from organizations like Amnesty International and Human Rights Watch. These groups have long called for Booking.com to cease its business in illegal settlements, highlighting the company’s role in perpetuating human rights abuses. Despite these calls, Booking.com has continued its operations in the settlements, leading to its inclusion in a UN database of companies that benefit from the settlement enterprise.
Responses by Booking.com
Booking.com has consistently denied the allegations, asserting that its listings comply with domestic laws and that it does not intend to change its approach unless legally required. In response to pressure, the company introduced a generic warning label for all listings in the West Bank, but this label fails to address the specific illegality of the settlements or the associated human rights concerns.
Palestinian communities, like Wadi Foukin, are directly affected by the expansion of settlements. Residents face isolation and loss of land, as settlements encroach on their territories. The voices of these communities underscore the human cost of the settlement enterprise and the role of companies like Booking.com in perpetuating these injustices.
