MIFTAH
Wednesday, 3 July. 2024
 
Your Key to Palestine
The Palestinian Initiatives for The Promotoion of Global Dialogue and Democracy
 
 
 

As a member of the Mideast Quartet, and as an organization admirably respectful of human rights, the European Union is neglecting some of its commitment to actively contribute to peace between Israel and the Palestinians. True, the EU has so far been actively ignored by the Israelis and the USA in this regard, but after a series of recent geopolitical changes, such as the EU expansion last year, the weakening of the US economy, the USA’s increasing troubles with its war on Iraq, and now the democratic and diplomatic credentials of a new Palestinian Authority leadership, it is time for the EU to wake up and use its influential powers more constructively. This is not just a moral appeal, it is to a large extent also a long-neglected legal responsibility, a responsibility that has largely been forgotten due to successful Israeli and US attempts to bury the rule of international law along with respect for basic human rights, especially with regard to Palestinian rights. Yet, both land theft and ethnic segregation, especially, are ongoing, and, at least in that respect, things continue to get worse on the ground.

In today’s main story on the Palestinian Authority presidential elections in the independent Israeli newspaper, Ha’aretz (“Bush says Abbas welcome at White House”), the positive reactions of heads of state such as G.W. Bush, Hosni Mubarak, and Vladimir Putin, heads of government such as Tony Blair and Gerhard Schroeder, and a host of foreign ministers and heads of intergovernmental institutions, such as Javier Solana, Amr Moussa, and Jose Manuel Barroso are reported.

Second only in size and prominence to the coverage of Bush’s statements in the article, however, is the analysis by the only non-governmental commentator referred to in the entire article, international affairs expert Rime Allaf. An associate fellow at the Chatham House think-tank in London, also known as the Royal Institute of International Affairs, Allaf predicts that “Abbas’ victory would do little to increase the European Union’s role in resolving the Middle East conflict, after years of being sidelined by Israel and the United States”, according to Ha’aretz. ”The only new thing that Abbas brings for the Europeans is the chance to tell the United States and Israel that they have lost their excuse for not talking with the Palestinians, i.e. Arafat,” Allaf is quoted as saying. “Pretty much all they can do is pressure the United States to be more equitable,” she reportedly added.

Why is it so? The European Union is not only growing in terms of territory, population, and economy. The 25-member organization is also growing in importance in world political affairs, despite its relative lack of coordinated military might.

A recent confidential 10-year forecast government report, prepared by Israel’s Foreign Ministry and then leaked by (or to?) the media, warned that “Israel could end up on a collision course with the European Union and face sanctions like apartheid-era South Africa.” Furthermore, during the coming decade, as the expanding EU might grow more powerful and influential to the detriment of the main Israeli ally, the USA, the report cautions that “the Jewish state could become increasingly isolated internationally”. (Matt Spetalnick: Israel, Europe Could Be on Collision Course –Report, Reuters, October 14, 2004)

This is certainly not the time for the EU to acquiesce or stay sidelined. The reasons are not only ethical, they are legal as well. In fact, they are predominantly legal. One among many examples: Israel’s Apartheid Wall.

As Victor Kattan remarked in a recent Counterpunch article (“It Must Do More Than Issue Statements: The EU and Middle East Peace”, 8 January 2005) Paragraph 159 of last year’s ICJ ruling that the wall is illegal “sets out in clear and unequivocal terms the legal obligations of the international community. These include the duties of non-recognition, non-assistance, preventing the wall from impeding the Palestinians’ right to self-determination, and ensuring Israel’s compliance with international humanitarian law. Whilst sceptics have pointed out that an advisory opinion [the ICJ ruling] is not binding per se, the legal obligations stipulated in that paragraph are. The EU, as an international organisation made up of its constituent states, has a responsibility, in the same way as states do, to abide by the ICJ’s opinion. The EU is set up by treaties which are governed by international law. The European Court of Justice has held that customary international law is binding upon the EU. At least two of the obligations set out in the ICJ’s opinion are of a customary character. All 25 members of the EU voted in favour of the UN General Assembly resolution which demanded that Israel comply with its legal obligations as identified in the advisory opinion.”

These are important matters, as is, for instance, the continued existence of illegal Jewish settlements on illegally confiscated Palestinian land. The illegal confiscations of land by illegally stationed Israeli soldiers and settlers, by the way, also continued throughout the Palestinian Authority presidential election campaign period (like the construction of the illegal wall), a period during which Israel had promised to “pull back”. Meanwhile Israel continues to trumpet its unilateral Gaza “disengagement” plan, in fact little more than a tactical retreat plan (and a scheme to grab more in the West Bank), in any event, a continued military siege of one of the most densely populated, attacked, and dilapidated areas on this planet.

 
 
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