Liverpool EU Law

Europe must obey the law – suspend the EU Israel Trade Agreement

This is a briefing to be used in the run-up to the European elections in June 2009. Liverpool Friends of Palestine have also prepared a questionnaire which can be used by branches and sent to European candidates - please could you send copies of any responses you receive to them: their website is http://www.liverpoolfriendsofpalestine.co.uk

Trade with Israel has increased. In 2007 the total amount traded between Europe and Israel exceeded 25 billion Euros. Trade with the EU last year was worth 3 billion Euros in exports. HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftn1#_ftn1" [1] As Israel’s main trade partner, the EU has enormous economic leverage and is in a unique position to influence Israel.

The EU-Israel Association Agreement (EUIAA) gives Israel preferential treatment in its relationships with EU countries in a wide range of areas such as trade, agriculture, technology, scientific research, security, education, culture. Since 2000 it has promoted strong trade, business and cultural ties between Israel and the EU. Today, 30% of Israel’s exports go to the EU under a preferential trade tariff, subsidised by the EU taxpayer.

EU-Israel relations consist of three elements - political dialogue, trade relations and integration into the European Community. The current agreement is due to expire in April 2009.

On 4 December, a vote was postponed in the European Parliament concerning Israel’s participation in community programmes. Whilst MEPs have limited influence on the upgrade process, the European Parliament will vote on the trade sections of the agreement.

Israel must obey its humanitarian obligations

Israel is benefiting from the EUIAA, despite its gross breaches of Article 2 of this agreement, which states: ‘Relations between the Parties, as well as all the provisions of the Agreement itself, shall be based on respect for human rights and democratic principles, which guides their internal and international policy and constitutes an essential element of this Agreement’. This condition has never been enforced.

The upgrading of the EUAAI - December 2008 and its implications following Gaza

On 24 April, EU commissioner Benita Ferrero-Waldner implied that the planned upgrade of relations with Israel would not be implemented at this stage, saying ‘Too much remains unclear at this current point in time. And we expect indeed a clear commitment from the new government to pursue the negotiations with the Palestinians’. But the Czech Republic currently holds the rotating EU presidency, and Czech Prime Minister Mirek Topolánek has said ‘We will work so that the voices in Europe calling to slow down or freeze the promotion of relations to Israel won't get what they're after.’

Last year the EU agreed to upgrade relations at the EU-Israel Association Council. The upgrade would allow Israel to participate in more EU programmes (education, environment, research, energy, culture, home affairs etc) and to take part in meetings of some Council working groups. In December 2008 the Council of Ministers (the 26 EU foreign ministers) voted to support the upgrade, ignoring the fact that Israel is breaching an “essential element” of the agreement (i.e. Article 2). The upgrade will be spelled out in the new EU-Israel Action Plan, currently being drafted. The EU-Israel Association Council is scheduled to endorse the new Action Plan on 18 May.

Write to your MEP now, and your local MEP candidates. If you are not sure who your current MEP is, visit HYPERLINK "http://www.writetothem.com/" www.writetothem.com. The list of candidates will be on HYPERLINK "http://www.europarl.org.uk/" www.europarl.org.uk from 8 May.

Israel’s siege on Gaza: MEPs must support opening all crossing points to and from Gaza, and ensure that Israel faces accountability for the continued humanitarian disaster resulting from its illegal blockade

The European Parliament voted in February 2009 for “an end to the blockade of the Gaza Strip, in compliance with the Agreement on Movement and Access of 15 November 2005, for the immediate and sustainable reopening of the crossing points for people and goods”.

Israel’s blockade on Gaza is a violation of the European agreement on access and movement (AMA) signed by the Palestinian Authority, Israel and the European Union, which has never been implemented.

Louis Michel, European Commissioner responsible for Development and Humanitarian Aid – said about Israel’s prevention of aid reaching civilians in Gaza during Israel’s war on 4 January 2009:

‘Blocking access to people who are suffering and dying is also a breach of humanitarian law. I call on the Israeli authorities to respect their international obligations and ensure a "humanitarian space" for the delivery of vital relief.’ HYPERLINK "http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/2&format=HTML&aged=0&language=EN&guiLanguage=en" http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/2&format=HTML&aged=0&language=EN&guiLanguage=en

Michel also issued a statement calling on the Israeli Government ‘to guarantee the free and secure movement of UNRWA staff and assistance in the Gaza Strip.’

HYPERLINK "http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/37&format=HTML&aged=0&language=EN&guiLanguage=en" http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/37&format=HTML&aged=0&language=EN&guiLanguage=en

The current EU-Israel Action plan claims to promote ‘International development co-operation, humanitarian aid and networking to allow rapid reaction for disaster relief and other emergency situations that may arise worldwide.’ Israel’s war on Gaza clearly negates this.

The association agreement must be suspended until Israel abides by international law

The current EU Israel Action plan states Israel and the EU will ‘strive to intensify …shared responsibility in conflict prevention and conflict resolution.’

Israel flouts international humanitarian law on a number of points. The international court of justice ruling on the Apartheid Wall states that ‘states are under an obligation not to recognize the illegal situation’.

Precedents exist for a suspension:

On 18 January 1990, the European Parliament asked for the partial freeze of scientific cooperation with Israel until the total and lasting reopening of Palestinian schools and universities, after they had been unilaterally closed by the Israeli authorities. Then, the European Commission, having the power to decide the suspension of the study and the implementation of every new project of scientific cooperation, applied the sanction asked by the European Parliament.

These pressures led to the reopening of schools and universities in the Occupied Palestinian Territories.

The European Parliament has, in the past, showed its opposition to the Israeli policy in the Occupied Palestinian Territories. On 10 April 2002, Parliament adopted the resolution B5-0194/02 COMPR in which Parliament asked the Council of Ministers and the European Commission to suspend the agreement, because of the actions of the Israeli army during the second Intifada. The current situation requires strong action from the European Union.

The EU-Israel association accord must not be upgraded

On 16 June 2008, the European Ministers of Foreign Affairs decided to upgrade EU/Israel relations. They launched negotiations to replace the current Action Plan. Israel would change its status of partner to the status of privileged partner.

A meeting of Foreign Ministers on 8 December 2008 confirmed the decision to upgrade EU/Israel relations. The French presidency’s goal was, through this process, to “have more influence on Israel to improve the situation on the ground” HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftn2#_ftn2" [2]. On 14 January 2009, following the attack on Gaza, the EU declared a “break” in its rapprochement with Israel, but the negotiation process continued.

On 4 December 2008, members of the European Parliament decided, faced with the continuing blockade of the Gaza Strip and after strong pressure from their constituents, to postpone a vote on Israel’s participation in the European Community programs

The war on Gaza, and the increase in settlements, checkpoints and the destruction of Palestinian homes show that Israel is not influenced by the EU’s favourable relations. Upgrading the association accord in order to have ‘more influence on Israel in order to improve the situation on the ground’ would not have any positive effect. Upgrading EU/Israel relations would appear to be a reward for the illegality of the Israeli policy and a confirmation of Israel’s impunity.

The EU must demand reparations for the infrastructures, financed by the EU, that were destroyed by Israel.

The Israeli attack on Gaza destroyed EU-financed infrastructure projects across the Strip, including the Palestinian Authority’s headquarters which were totally destroyed. Denmark announced that three clinics it financed had been bombed HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftn3#_ftn3" [3].

It is estimated that ‘between 2001 and 2007, the total amount of infrastructure projects financed by the EU and the member states in the Palestinian Territories that have been destroyed or damaged by the Israeli army reached 43 974 653 Euros HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftn4#_ftn4" [4].’ In 2002 the Israeli army destroyed EU-funded Gaza airport and Gaza’s power plant (destroyed again in 2007). This damage totalled 20 million Euros.

The EU is the Palestinian Authority’s main donor. Infrastructure construction in the Palestinian Territories financed by the EU must be linked to making Israel accountable, and bearing the cost of its destruction.

The EU must act to bring Israel to account for war crimes

The current EU Israel Action Plan states the need to “Promote co-operation on issues such as fight against impunity of authors of genocide, war crimes and any other crime against humanity”

During the Israeli operation in the Gaza Strip, 1,440 Palestinians were killed, including 431 children and 114 women. 5,380 Palestinians were injured, including 1,872 children and 795 women. The Palestinian Centre for Human Rights HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftn5#_ftn5" [5] estimates 82% of those killed were civilians. Final reports show the destruction of 4,100 homes, 1,765 hectares of agricultural land, 560 farms, and 1,095 water tanks and wells. In addition, 17,000 houses and buildings were damaged. 53 UNRWA buildings were damaged or destroyed. HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftn6#_ftn6" [6]

European Union Guidelines on Promoting Compliance with International Humanitarian Law (2005) on war crimes: “States must…ensure that alleged perpetrators are brought before their own domestic courts or handed over for trial by the courts of another State or by an international criminal tribunal, such as the International Criminal Court”

The Fourth Geneva Convention, article 147, considers it a “grave breach” to engage in “wilful killing, torture or inhuman treatment, including biological experiments, willfully causing great suffering or serious injury to body or health […] extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and want”. “Grave breaches” to the Convention are considered “war crimes”.

Members of the EU that are signatories to the fourth Geneva Convention are obliged to prosecute those alleged to have committed, or ordered such violations.

UN General Secretary M. Ban Ki Moon declared during that those responsible for the attacks on UN buildings in Gaza should be held accountable and demanded a “full investigation” through proper judiciary systems. The EU members among the Security Council must ensure that this mission fulfils its objectives and that its conclusions will be applied. Moreover, they must call the UN General Assembly to set up an Ad Hoc Tribunal and bring to trial those responsible for violations of international law.

The EU must support a dialogue with all elected representatives of the Palestinian people, including Hamas

Hamas won a majority of the Palestinian parliamentary seats in January 2006. Israel and the international community neither recognized the government formed in February 2006 nor the Palestinian national unity government formed in February 2007. In March 2009 the necessity for Palestinian national unity was (re)affirmed by several foreign governments.

From Jimmy Carter to Robert Malley (former Bill Clinton’s advisor on the Middle East), the necessity of a political dialogue with Hamas is clearly affirmed. Fourteen former peace negotiators (among which a Nobel prize winner, former Foreign Affairs ministries (including Israeli Shlomo Ben-Ami), a former member of the Palestinian delegation to the peace process…) called for an end to the boycott of Hamas and for direct negotiations between Israel and Hamas HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftn7#_ftn7" [7].

Israel’s refusal to consider recognise Hamas as elected representatives of the Palestinians is similar to their approach to previous Palestinian leaders, including Yasser Arafat, whom Ariel Sharon called “insignificant”. For 20 years, Israel and the United States refused to speak with the PLO, accusing it of terrorism and of not recognizing the Israeli state.

In December 2001, the EU added “Hamas-Izz al-Din al-Qassem (terrorist wing of Hamas)” to its list of terrorists and terrorist groups. In September 2003 they reviewed the list to include Hamas globally. In theory the European Council must revise the list every six months.

The European Parliament as well as several human rights associations have questioned the procedure because of “its lack of transparency, the absence of guarantees for the defence party, its democratic or judicial mechanism control shortage”. “To list one entity is indeed the result of a strictly political decision by European governments, on the basis of confidential information” HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftn8#_ftn8" [8] (the EU used the presence of Hamas on its list to justify both judicially and politically the suspension of its direct aid to the PNA following the victory of Hamas to the legislative elections).

There is a lack of precise criteria in the procedure to withdraw an organisation from the EU list for which a general consensus between the member states is needed. But the “political nature” of that list means that a “political” action is possible from the EU to withdraw Hamas from the list.

Member states should stop selling arms to Israel.

European weapons or weapons made with European components are used by Israel to launch indiscriminate attacks against Palestinian civilians. In December 2008, the European Council of Ministers adopted a Code of Conduct (a legally binding instrument) on Arms Transfers regarding technology and military equipment exports to third country.

Under Criterion 2 of the EU Code of Conduct on Arms Exports, Member States are supposed to “deny an export licence if there is a clear risk that the proposed export might be used for internal repression” or “be used in the commission of serious violations of international humanitarian law” HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftn9#_ftn9" [9].

The code of conduct “governs the application of a responsible policy which aims in particular to prevent exported arms from being used for internal repression or international aggression or contributing to regional instability. With the adoption of this Code of Conduct as a common position, all the EU member states are engaging themselves to respect the Code and to ensure that their legislation granted its respect” HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftn10#_ftn10" [10].

Amnesty International reports that, according to the EU's 2008 report on arms export licences, 18 EU Member States authorized a total of 1,018 such licenses to Israel worth €199,409,348.

In its February 2009 report, Amnesty International HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftn11#_ftn11" [11] underlines the illegal use of Israeli arms against the civilian population of the Gaza Strip in December 2008. Britain supplies arms components that are believed to have been used during the recent war. The recent review announced by the British government into military exports to Israel shows the importance of continued lobbying on these issues. HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftn12#_ftn12" [12]

The withdrawal of illegal Israeli settlements must be made a condition of the trade agreement

"Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, are illegal and an obstacle to peace and to economic and social development [and] have been established in breach of international law." International Court of Justice Ruling, July 9, 2004

Under EU law all agreements with third countries must be interpreted and applied in accordance with international law. A safeguard clause will be necessary to prevent Israel's application of the benefits of cooperation to settlement entities.

There are currently 121 Israeli settlements and 102 outposts built illegally in the West Bank including East Jerusalem, inhabited by around 480,000 Israeli settlers. Construction of settlements has almost doubled since the Annapolis summit in November 2007, where the Israeli government commitment to the peace process.

Israeli authorities plan, in the next few years, to construct a further 73,000 housing units, including 5,700 in East Jerusalem HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftn13#_ftn13" [13]. This would double the number of Israeli settlers.

The Middle East Quartet – A Progress Report, produced by Oxfam, Christian Aid, Save the Children and CAFOD, in September 2008 said, “The continued expansion of illegal settlements in the West Bank, including East Jerusalem, authorised by the Israeli government on occupied Palestinian territory breaks both Israel’s roadmap obligations and international law and defies UN Security Council Resolution 242. Palestinian and international confidence in the Government of Israel’s commitment to peace or the peace process is significantly undermined by this approach.”

Israeli customs label goods as Israeli which in fact come from settlements in the Occupied Palestinian Territory. The practice of this preferential treatment is illegal. Thus, Israel blatantly violates the territorial field of the agreement (article 83) and the principle of the rule of origin (protocol 4). HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftn14#_ftn14" [14] Violations of law and, in consequence, the violation of several elements of this accord by Israel, is the judicial basis for the suspension of the agreement.

More details: www.palestinecampaign.org

HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftnref1#_ftnref1" [1] HYPERLINK "http://trade.ec.europa.eu/doclib/docs/2006/september/tradoc_113402.pdf" http://trade.ec.europa.eu/doclib/docs/2006/september/tradoc_113402.pdf

HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftnref2#_ftnref2" [2] Former French Secretary of State Pierre Jouyet

HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftnref3#_ftnref3" [3] L’Europe lasse de financer la reconstruction palestienne – Le Figaro – 16/01/09

HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftnref4#_ftnref4" [4] Third Annual Review on Human Rights in EU-Israel Relations” – REMDH – June 2007

HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftnref5#_ftnref5" [5] NGO based in Gaza Strip, FIDH member

HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftnref6#_ftnref6" [6] Palestinian Center for Human Rights, Coordination Board of Humanitarian Affairs of United nations in the Occupied Territories, UNRWA, Palestinian Bureau of Statistics, Palestinian Farmers Union, Palestinian Agricultural Relief Committees

HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftnref7#_ftnref7" [7] HYPERLINK "http://www.timesonline.co.uk/tol/comment/letters/article5804266.ece" http://www.timesonline.co.uk/tol/comment/letters/article5804266.ece

HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftnref8#_ftnref8" [8] A strictly political decision by the European governements - François Dubuisson – Université Libre de Bruxelles - Pour la Palestine n°50

HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftnref9#_ftnref9" [9] HYPERLINK "http://ec.europa.eu/external_relations/cfsp/sanctions/codeofconduct.pdf" http://ec.europa.eu/external_relations/cfsp/sanctions/codeofconduct.pdf

HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftnref10#_ftnref10" [10]Arms control : The EU finally equips itself with a legally binding instrument – « Control Arms » - Platform - 09/12/0

HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftnref11#_ftnref11" [11] Fuelling conflict: Foreign arms supplies to Israel - Amnesty International

HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftnref12#_ftnref12" [12] HYPERLINK "http://www.guardian.co.uk/world/2009/apr/22/israel-gaza-military-exports" http://www.guardian.co.uk/world/2009/apr/22/israel-gaza-military-exports

HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftnref13#_ftnref13" [13]. Ministry of Housing’s Plans for the West Bank – Peace Now – March 2009

HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "_ftnref14#_ftnref14" [14] The EU must insure that products form Israeli settlements are excluded form the preferential agreement EU-Israel. The EU Council and the European Commission clearly indicated that the preferential importation of products made in the settlements is a violation of the community law. They have also condemned as a violation of the association agreement the fact that Israel certifies its products as eligible for the preferential treatment.

HYPERLINK "http://www.palestinecampaign.org/Index7b.asp?m_id=1&l1_id=3&l2_id=62&Content_ID=616" \l "#" HYPERLINK "http://www.palestinecampaign.org/?m_id=1&l1_id=3&l2_id=62" back to listings