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Is EU’s stand on settlements a carrot or a stick?

Israel/Palestine
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This post is part of Marc H. Ellis’s “Exile and the Prophetic” feature for Mondoweiss. To read the entire series visit the archive page.

Usually when an American Secretary of State is in the Middle East trying to broker peace between Israelis and Palestinians, the Israeli government announces new settlement housing in Jerusalem and the West Bank.  This time the European Union made its own announcement, seemingly from the opposite direction.

With John Kerry in Jordan meeting with Palestinian Authority President Mahmoud Abbas, the European Union announced new stringent anti-occupation guidelines for future agreements with a variety of entities in the state of Israel. 

Though complicated and still to be analyzed, the EU is turning its back on Israel in the occupied territories in concrete ways.  This involves banning the financing of and cooperation with Israeli institutions that operate in land Israel seized during the 1967 war. Starting next year, Israel will have to sign on the dotted line that Israeli entities in relation to the EU have nothing to do with directly or indirectly with the Palestinians territories.  This is tantamount to Israel officially affirming that the Palestinian territories, including East Jerusalem, are not part of Israel. 

Though this seems an obvious and long overdue step, the EU’s action is being greeted as huge news by various players in the region. Predictably, Prime Minister Benjamin Netanyahu is up in arms.

As always there are caveats.  The guidelines apply only to agreements with the EU as an entity; the EU’s member states can do what they want.  However, the EU will recommend that its member states adopt the same guidelines.  Reports are that a number of states within the EU will adopt the guidelines.

Reading the guidelines, it’s clear this is a serious effort.  The handwriting on Israel’s wall is becoming bolder and more restrictive.  According to Israel’s governing ideology, the EU’s new guidelines are strident.

Here’s Haaretz summarizing some some of the guidelines:

Any Israeli entity seeking funding from or cooperation with the European Union will have to submit a declaration stating that the entity has no direct or indirect links to the West Bank, East Jerusalem or the Golan Heights, according to the new EU guidelines.

The guidelines, which condition all future agreements on Jerusalem’s acknowledgement that its occupied territories are not part of Israel, have strained relations with the EU to unprecedented level.

The full text of the guidelines obtained by Haaretz states that any Israeli entity that wants to receive funding, participate in a project or apply for grants or prizes from EU foundations or institutions will have to submit such a declaration.

The guidelines also state that “only Israeli entities having their place of establishment within Israel’s pre-1967 borders will be considered eligible” for consideration.”

The place of establishment “is understood to be the legal address where the entity is registered, as confirmed by a precise postal address corresponding to a concrete physical location. The use of a post office box is not allowed.”

Has the EU gone far enough?  Annie Robbins reports Omar Barghouti’s response to the new guidelines: 

Given the EU’s profound complicity at all levels in maintaining Israel’s regime of occupation, colonization and apartheid, these guidelines constitute a bare minimal step in the right direction that may open the door to more effective boycotts against Israel in the future. We welcome them, but we also must soberly remind the European establishment that it is obliged, morally and legally, to do much more on the ground to atone for its role in Israel’s crimes against the Palestinian people. 

Echoing Barghouti but from the other side of the coin, the New York Times  reports that Shlomo Ben-Ami, former Israeli foreign minister, sees the European move as a “good sign.”  His reasoning is as follows:  Since the EU distinguishes between pre-1967 Israel and the Palestinians territories, the guidelines don’t punish Israel itself.  In other words, Ben-Ami sees the handwriting on Israel’s wall and thinks Israel should breathe a sigh of relief.  At least the EU isn’t boycotting Israel as a whole.

No doubt the EU’s agreement is important.  With Secretary Kerry in the Middle East, the news of the guidelines is amplified.  Though serious and important, however, Barghouti’s issue remains.  Do the EU guidelines dovetail with Kerry announcing the disappearance of the Two State solution – as Israel expands at the expense of Palestine?  The EU guidelines could stretch out negotiations between the parties, muddy the waters and pressure Israel but not enough to force Israel’s withdrawal to the 1967 borders. 

Ben-Ami’s glass half-full is the EU recognizing Israel’s 1967 borders as the limits of its actions.  Is he right?

Though one hardly would expect Europe to boycott Israel as a state, limiting its guidelines to the Palestinians territories may ultimately enable Israel to continue its occupation.

The EU has upped the ante.  The cost of Israel’s occupation continues to grow.  This is important.  The stick – international opinion affecting Israel’s economy, education and beyond – worries Israel.  But, then, John Kerry’s carrot, the major factor in the unfolding scenario, has just become more tempting for Israel.

Biting the carrot to avoid the stick, Israel might move – some.  But we know that if the EU’s action help bring Palestinians and Israelis back to the negotiating table, two real states won’t be on the table.

The EU’s guidelines are real.  In Israel/Palestine, will they prove to be a game changer or another palliative for those who hope that peace with justice is just around the corner?

Marc H. Ellis
About Marc H. Ellis

Marc H. Ellis is Professor of History and Jewish Studies and Director of the Center for the Study of the Global Prophetic. His latest book is Finding Our Voice: Embodying the Prophetic and Other Misadventures.

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68 Responses

  1. amigo
    amigo
    July 17, 2013, 10:17 am

    Maybe they are listening???.

    “Defense Minister Moshe Ya’alon delays approval of West Bank settlement construction
    Civil Administration committee member says defense minister’s decision to delay approval of 300 housing units likely due to Israel-EU tensions and John Kerry’s imminent Middle East visit.
    By Chaim Levinson | 15:59 17.07.13 | 0”

    http://www.haaretz.com/news/diplomacy-defense/.premium-1.536275

    • Justpassingby
      Justpassingby
      July 17, 2013, 11:36 am

      what are kerry doing there? hes making a a fool of himself, hes been in israel like 12 times since he became minister and havent done a iota to stop or pressure israel.

      • ivri
        ivri
        July 18, 2013, 3:46 pm

        “What (are) Kerry doing there?”
        What goes on in Syria and Lebanon, with big potential explosions, and what to do about Iran`s continuous move towards a nuke are important enough to justify that, aren`t they?

      • Shingo
        Shingo
        July 18, 2013, 8:34 pm

        What continuous move towards nukes?

        All 16 US intelligence agencies and Mossad concur that Iran has not even decided to pursue them, let alone produce them.

        Do you know something that they don’t.

        Oh, and those explosions in Syria and Lebanon are America’s doing.

  2. Donald
    Donald
    July 17, 2013, 10:38 am

    “Ben-Ami’s glass half-full is the EU recognizing Israel’s 1967 borders as the limits of its actions. Is he right?”

    This glass analogy is useless. A more interesting distinction is between those in the “liberal Zionist” camp who all claim to support a 2SS but react to this in two very different ways. Ben-Ami probably genuinely wants a 2SS on the 67 borders, so he reacts in a mild way. Those who really don’t want the 67 borders, and just want to see continued expansion with the “peace process” as cover find this very upsetting. If you look at the NYT story (which is a fascinating piece in many ways), you’ll find Israeli officials whining about it. One unnamed person claimed the Europeans were “undermining” the American peace process and goes on to say “Why would any Palestinian leader agree to re-engage if they can get what they want without negotiating? Why enter the give and take of negotiations when you can just take what is offered by international bodies?”

    In other words, the Israelis should be able to continue to take for themselves what they want, while the Palestinians “give” what the Israelis take, and whatever the Israelis don’t want that badly, the Palestinians will get. That’s what negotiations are for. No pesky notions of international law need interfere.

  3. Woody Tanaka
    Woody Tanaka
    July 17, 2013, 10:48 am

    The specifics are, I believe, beside the point. Whether it is binding or not; applies only to the Israeli government and not private matters; applies to the member states or only to the EU matters little. The fact of the matter is that the zios need to use, as a shield, the slanderous lie that opposition to them is antisemitism or some other nonsense. Up until now, they’ve been able to get away with it, because the US government is a puppet to the AIPACers and their bosses in Tel Aviv and the EU was cowed by false claims of bigotry. Well, this policy undercuts the zios’ strategy by burying, for one and all, the libelous claim that opposition to israeli’s theft of Palestinian and Syrian land is antisemitic. They’ve attempted to win by putting their fat thumbs on the scales. Well, the EU is calling them on it. Good for Europe.

  4. Tzombo
    Tzombo
    July 17, 2013, 10:57 am

    “The guidelines, which condition all future agreements on Jerusalem’s acknowledgement that its occupied territories are not part of Israel”

    I see Haaretz still has to acknowledge that. Protip: Jerusalem is not Israel’s capital. East Jerusalem isn’t even IN Israel, it’s part of those occupied territories you just mentioned…

    • Mike_Konrad
      Mike_Konrad
      July 17, 2013, 12:21 pm

      Jerusalem is not Israel’s capital. East Jerusalem isn’t even IN Israel, it’s part of those occupied territories you just mentioned…

      Jerusalem is Israel’s capital. The Knesset is there.

      The eastern half of Jerusalem was annexed.

      Like it or not, Israel is not going to willingly divide Jerusalem short of war.

      The boycott will not work. I suspect Europe needs Israeli produce and medicines more than Israel needs them.

      • annie
        annie
        July 17, 2013, 12:47 pm

        I suspect Europe needs Israeli produce and medicines more than Israel needs them.

        yer funny

      • Woody Tanaka
        Woody Tanaka
        July 17, 2013, 1:01 pm

        “Jerusalem is Israel’s capital.”

        To the thieves, sure. To the rest of the world, it’s not even Israeli soverign territory.

        “The Knesset is there.”

        So what? A home invader can sit at the head of the table, it doesn’t make him any less a thief.

        “The eastern half of Jerusalem was annexed.”

        No, it wasn’t. The occupation of that land is wholly and fully illegal.

        “Like it or not, Israel is not going to willingly divide Jerusalem short of war.”

        Then it will have to be unwillingly.

        ” I suspect Europe needs Israeli produce and medicines more than Israel needs them.”

        LMAO. I’m sure Europe would hardly notice if israel blinked out of existence tomorrow.

      • Sibiriak
        Sibiriak
        July 20, 2013, 2:12 am

        Woody Tanaka:

        “Like it or not, Israel is not going to willingly divide Jerusalem short of war.”

        Then it will have to be unwillingly.

        Exactly. There will be no 2SS, let alone a 1SS, without massive pressure being brought on Israel to force abandonment of expansionary ethnic-supremacist ideology and practice.

        Kerry says the only route to peace is “direct negotiations”. But there is NO WAY the Netanyahu administration, or any new administration in the offing, will make the concessions necessary for an achievable (let alone just!) 2SS.

        Thus this latest chapter in the fraudulent “peace process” is bound to fail (which is Israel’s goal, of course.)

        The only other possibility would be that the Palestinian leadership accepts a semi-sovereign constellation of bantustan-like enclaves as their “state”.

      • talknic
        talknic
        July 17, 2013, 1:40 pm

        Mike_Konrad

        The eastern half of Jerusalem was annexed.

        Illegally … UNSC res 476 one of EIGHT reminders to Israel of binding law. Ever read it?

        “Israel is not going to willingly divide Jerusalem short of war”

        Israel already did divide it by war 1948 http://www.mfa.gov.il/MFA/Foreign+Relations/Israels+Foreign+Relations+since+1947/1947-1974/2+Jerusalem+Declared+Israel-Occupied+City-+Governm.htm

        and; 22nd May 1948 http://pages.citebite.com/x1r0b4d1y6mkv

        I suspect Europe needs Israeli produce and medicines more than Israel needs them

        Israel needs to sell it more than the EU needs to buy it.

      • Shingo
        Shingo
        July 17, 2013, 6:30 pm

        I suspect Europe needs Israeli produce and medicines more than Israel needs them

        Younwanthose medicines based on foreign kayebys that Israel reverse engineered?

      • American
        American
        July 17, 2013, 1:41 pm

        ‘The boycott will not work. I suspect Europe needs Israeli produce and medicines more than Israel needs them.”….Konrad

        Believe it or not I actually do get very tired of bashing Israel.
        But every time I see these little hubristic and uninformed statements I cant help but reply.

        The fact is the bulk of Israel’s commerical drug industry (Telva) is manufacturing ‘generics’ and Israel is the most sued country for ‘patent infringement” by the major French, German and the US drug companies. Look it up if you doubt this.
        You’d get more respect and credit for what Isr has produced if you came down to earth and quit the silly bragging and making outlandish claims.

      • Shingo
        Shingo
        July 17, 2013, 6:37 pm

        Nicely put American.

        A few days ago, Konrad was predicting that Europe will become dependent on Israeli gas exports and oil that hasn’t been discovered yet.

        Next time he’ll be claiming that Israel has the right to confiscate every European’s mobile phone and laptop.

      • US Citizen
        US Citizen
        July 17, 2013, 2:07 pm

        While it is correct to say that Israel classes Jerusalem as her capital city, this is not recognized by any country other than Israel and those nations enjoying diplomatic relations with Israel have their embassies in Tel Aviv.

        All the big newspapers are published in Tel Aviv, all the banks are headquartered in Tel Aviv, and most of the large companies are headquartered in the Tel Aviv area. The stock market is in Tel Aviv as are the majority of the theater companies.

        Under international law, neither East nor West Jerusalem is considered Israel’s capital. Tel Aviv is recognised as Israel’s capital, pending a negotiated settlement with the Palestinians.

        East Jerusalem is considered by the international community to be illegally occupied by Israel, in contravention of several binding UN Security Council Resolutions.

        In these resolutions, the United Nations Security Council has also called for no measures to be taken to change the status of Jerusalem until a final settlement is reached between the sides.

        Declaring Jerusalem as Israel’s capital is an attempt to change this status, and is thus a violation of these Security Council resolutions and against international law.

        Immediately after Israel invaded and occupied East Jerusalem, the West Bank and the Gaza Strip in June 1967, the Palestinians offered to establish a demilitarized state if Israel would withdraw.

        Israel refused and went on to colonize all occupied Arab lands, including to this day, Syria’s Golan Heights, as well as continued occupation of Lebanon’s Shebaa Farms.

        The most extensive violator of Security Council resolutions is Israel.
        Israel’s rejection of the Arab League land-for-peace formula put forward in Security Council Resolutions 242 and 338 arguably puts Israel in violation of these resolutions, long seen as the basis for Middle East peace.

        More clearly, Israel has defied Resolutions 267, 271 and 298, which demand that it rescind its annexation of greater East Jerusalem, as well as dozens of other resolutions insisting that Israel cease its violations of the Fourth Geneva Convention, such as deportations, demolition of homes, collective punishment and seizure of private property.

        UN Security Council resolutions are well grounded in international law. Security Council Resolutions 446, 452 and 465 require that Israel evacuate all its illegal settlements on occupied Arab lands.

        The Knesset can sit where it wants. Jerusalem is not the capital of Israel. Why? it’s all against international law. But then you knew that didn’t you?

      • James Canning
        James Canning
        July 17, 2013, 6:33 pm

        Bravo, USCitizen.

      • libra
        libra
        July 17, 2013, 6:46 pm

        Mike_Konrad: I suspect Europe needs Israeli produce and medicines more than Israel needs them.

        Your absolutely right here, Mike. I’ve felt so much better since I gave up all the pills from quack outfits such as AstraZeneca, GlaxoSmithKline, Bayer, Novartis, and Roche (the Swiss are the absolute worst) and switched to state-of-the-art Israeli generics. And unlike Bibi, I’ve dumped my Mercedes for a high-tech Israeli electric car.

      • Citizen
        Citizen
        July 18, 2013, 6:08 am

        Israel has been recording trade deficits since 1959, mostly due to lack of natural resources: http://www.tradingeconomics.com/israel/balance-of-trade

      • American
        American
        July 18, 2013, 11:45 am

        @ Citizen

        The Isr eco. plan has always looked to me to be based on ‘fake it till you make it’ –reguarly interpersed with—-‘ Uncle Sam we’re broke rush us another 10 billion eco. loan package and Isr bond debt guarentee .’

      • seafoid
        seafoid
        July 18, 2013, 5:05 pm

        “Like it or not, Israel is not going to willingly divide Jerusalem short of war.”

        And Israel will NEVER give up Sharm el Sheikh.
        And Netzarim is forever too.

  5. HarryLaw
    HarryLaw
    July 17, 2013, 12:15 pm

    “The place of establishment “is understood to be the legal address where the entity is registered, as confirmed by a precise postal address corresponding to a concrete physical location. The use of a post office box is not allowed.”
    The Ahava Co has its HQ in Israel proper as do Soda Stream and many other Israeli companies,but have their production facilities mainly in occupied territories. According to the rules of origin of the World Trade Organization and the European Union the place where the last substantial change takes place is where it originates from, not its HQ or where it is shipped from. Fortunately this proviso should put the kibosh on any Israeli fraud “Any Israeli entity seeking funding from or cooperation with the European Union will have to submit a declaration stating that the entity has no direct or indirect links to the West Bank, East Jerusalem or the Golan Heights”. Most of Ahava cosmetics are manufactured in Mitzpe Shalem in Palestine, similarly 90 odd per cent of Soda Streams carbonating device is manufactured at Mishor Edomin, also in Palestine. This should put an end to Ahava’s EU funding for scientific research which draw enormous criticism from campaigners last year.

  6. Gart Valenc
    Gart Valenc
    July 17, 2013, 1:05 pm

    As far as I can tell, David Cronin provides perhaps one of the best analysis on the significance of the EU’s guidelines:

    Has the EU really caused an “earthquake” for Israel? http://electronicintifada.net/blogs/david-cronin/has-eu-really-caused-earthquake-israel

    Gart Valenc
    Twitter: @gartvalenc

    • American
      American
      July 18, 2013, 12:35 am

      @ Valenc

      “My main objection to the EU’s attempts to get tough with Israel on settlements are that they being presented as an alternative to a boycott of Israeli goods and institutions. The Union’s envoy in Tel Aviv, Andrew Standley, stated categorically last month that a related move on labeling fruit and vegetables from Israeli settlements was not a boycott.

      Not for the first time, the EU being out of sync with its citizens. Campaigns to shun Israel entirely — not just its settlements — are flourishing in many parts of Europe. Yet the best that the Brussels elite can come up with is an indication it “may” do something.”

      Agree. Looks a small tremor not a quake. Just more paperwork for the Israelis to fake up to get the $$$$.
      It will be a quake if they ever boycott Israel.

  7. ritzl
    ritzl
    July 17, 2013, 1:29 pm

    Let’s just call it a rather weighty, orange, conical-shaped piece of wood meant to be utilized in either a sweeping or up and down manner. Effect TBD.

  8. HarryLaw
    HarryLaw
    July 17, 2013, 1:46 pm

    Just to add to my comment above, this link.. http://news.sciencemag.org/scienceinsider/2012/01/israeli-companys-eu-funding-under.html proves that activists have to be very vigilant Ahava/DSL is involved in two other projects funded by Framework Programme 7, the main source of E.U. research funding. Last summer, research Commissioner Máire Geoghegan-Quinn responded to a query from the European Parliament about the company’s involvement in projects by saying that the company “is formally established within the borders of the internationally recognised State of Israel,” so that it meets the commission’s participation criteria. E.U. rules don’t stipulate that the research has to be carried out where the company is formally established, she added.

    Jonathan Rosenhead, an emeritus professor of operational research at the London School of Economics who helped organize the letter, says he spoke with commission officials last year who were “clearly unaware” that the company had its operations in a settlement. “My guess and hope is that they tighten up their procedures” for the next major funding program, called Horizon 2020, which will start in 2014. A commission official says “the commission is currently scrutinizing options” to evaluate participants in Horizon 2020.

  9. DICKERSON3870
    DICKERSON3870
    July 17, 2013, 2:15 pm

    RE: “Since the EU distinguishes between pre-1967 Israel and the Palestinians territories, the guidelines don’t punish Israel itself. In other words, Ben-Ami sees the handwriting on Israel’s wall and thinks Israel should breathe a sigh of relief. At least the EU isn’t boycotting Israel as a whole.” ~ Marc Ellis

    MY COMMENT: Since Israel continues to refer to the West Bank as “disputed territory”, I have decided to begin referring to pre-1967 Israel as “disputed territory”. Hey, turnabout is fair play, right? What goes around, comes around. You get what you give.* What’s good for the goose . . .

    * New Radicals: You Get What You Give [VIDEO, 04:40] – http://www.youtube.com/watch?v=DL7-CKirWZE

  10. German Lefty
    German Lefty
    July 17, 2013, 2:42 pm

    I just watched a report on German TV about garbage collectors around the world. One country was Israel. However, the (Muslim) men who were introduced collected the garbage in Jerusalem’s Old City, which belongs to the occupied Palestinian territories. I immediately wrote a complaint on the TV show’s Facebook page. Shortly afterwards, I got the reply that my complaint was forwarded to the authors of the segment. They will then post a reply or a correction.
    https://www.facebook.com/Galileo
    http://www.prosieben.de/tv/galileo/videos/clip/2404061-mission-wissen-weltweit-muellmaenner-preview-1.3595753/

  11. seafoid
    seafoid
    July 17, 2013, 4:43 pm

    The EU just reminded Israel that those brown animals in the territories are actually people.

    Chemi Shalyev has a good point in Ha’aretz

    http://www.haaretz.com/blogs/west-of-eden/.premium-1.536406#
    “When the instinctive fury of perceived insult subsides, many Israelis will be left pondering the shattered illusion that right-wingers have been peddling by which Israel can continue expanding the settlements with impunity for as long as it wants. They will be reminded that despite settler claims to the contrary, most of them have never bought in to the equation settlements=Israel. And they will be wondering whether now is not a good time for Israel to quit, while it’s ahead. ”

    Strenger

    http://www.haaretz.com/blogs/strenger-than-fiction/.premium-1.536258

    “The latest EU guidelines make crystal-clear to anybody who has eyes to see and ears to hear that the international community has no intention whatsoever of accepting Israel’s creeping annexation of the West Bank. Netanyahu reacted predictably by saying that Israel will not accept “external edicts on our borders.” He hasn’t realized that the international community doesn’t accept Israel’s unilateral edicts on Palestine through land expropriation and settlement building, either. The question is whether Netanyahu will wake up in time to prevent Israel from sliding not only into deeper political isolation, but also into economic decline. ”

    So Israel’s remaining lefties like it. But can they ever get back to Israel ? And what about all of those settlers?

  12. jonah
    jonah
    July 17, 2013, 6:05 pm

    Carrot or stick, you ask? In truth an act of malevolence.

    The baseless hatred of the EU towards Israel

    • Shingo
      Shingo
      July 18, 2013, 2:19 am

      In truth an act of malevolence.

      Melanie Phillips? Ha ha ha ha ha ha ha!!

      When did she escape from the nut house?

      BTW. If this is an act of malevolence, then the Gaza blockade is an act of genocidal sadism.

    • HarryLaw
      HarryLaw
      July 18, 2013, 4:53 am

      jonah, have just read the screed from mad Mel, talk about selective quotes, when referencing the transfer of citizens in the fourth Geneva Convention 1949, she quotes only paragraph 1, of article 49, completely overlooking the relevant paragraph, 6. which reads “The occupying power shall not deport or transfer parts of its own civilian population into the territory it occupies.”

      • Shingo
        Shingo
        July 18, 2013, 5:41 am

        jonah, have just read the screed from mad Mel

        You’re a better man than I Harry. The last I had heard of Mad Mel, she was insisting that London was turning into the modern day Wehrmacht – that was about 10 years ago.

        Jonah is seriously scraping the barrel these days. He would have been ore credible had he quoted Pam Gellar.

      • jonah
        jonah
        July 18, 2013, 5:02 pm

        Harry, civilian Jewish population has never been deported or forcibly transferred in the West Bank. They moved and live there voluntarily.

      • Bumblebye
        Bumblebye
        July 18, 2013, 5:54 pm

        Where’s the “forcibly” on the transfer part? Inducements and bribes persuade people to move into homes in stolen Palestine. The GoI is behind those special “benefits” which are deliberately designed to encourage “civilian” (wot a joke) settlement. Obviously therefore, planned transfer of population is involved.

      • Light
        Light
        July 18, 2013, 5:56 pm

        Jonah, the article says transfer not forcibly transfer. By building settlements and encouraging its population to move into the occupied territories via financial incentives, Israel is in violation of article 49.

      • jonah
        jonah
        July 18, 2013, 6:56 pm

        Well, let’s read again what Julius Stone wrote on this subject in 1980:
        “That because of the ex iniuria principle, Jordan never had nor now has any legal title in the West Bank, nor does any other state even claim such title. Article 49 seems thus simply not applicable. (Even if it were, it may be added that the facts of recent voluntary settlements seem not to be caught by the intent of Article 49 which is rather directed at the forced transfer of the belligerent’s inhabitants to the occupied territory, or the displacement of the local inhabitants, for other than security reasons.) The Fourth Geneva Convention applies only, according to Article 2, to occupation of territory belonging to ‘another High Contracting Party’; and Jordan cannot show any such title to the West Bank, nor Egypt to Gaza.”.

        Support to Stone’s assertion can be found in Lauterpacht’s writing in 1968:
        “Thus Jordan’s occupation of the Old City-and indeed of the whole of the area west of the Jordan river-entirely lacked legal justification; and being defective in this way could not form any basis for Jordan validly to fill the sovereignty vacuum in the Old City [and whole of the area west of the Jordan River].”

        And professor Rostow concludes that the Convention is not applicable to Israel’s legal position and notes:
        “The opposition to Jewish settlements in the West Bank also relied on a legal argument – that such settlements violated the Fourth Geneva Convention forbidding the occupying power from transferring its own citizens into the occupied territories. How that Convention could apply to Jews who already had a legal right, protected by Article 80 of the United Nations Charter, to live in the West Bank, East Jerusalem, and the Gaza Strip, was never explained.”

        And on the relevance of Article 80 of the UN Charter you might find worth reading this review of basic international law:
        http://www.algemeiner.com/2011/09/22/article-80-and-the-un-recognition-of-a-“palestinian-state”/

      • Shingo
        Shingo
        July 20, 2013, 6:02 am

        Well, let’s read again what Julius Stone wrote on this subject in 1980:

        “Article 49 seems thus simply not applicable.”

        And let’s end it there. The ICJ threw that argument out.

        Next….

        As for Lauterpacht, his International Law Reports and advisory opinions confirmed the status of Palestine as a “third independent state” or separate “mandated state” with the same character of a “regular state”. He also held that a State becomes a person of international law solely and exclusively through recognition. See for example:

        *Case No. 34 Mandated States (Saikaly v. Saikaly) reported in John Fischer Williams and Hersh Lauterpacht (editors), “International Law Reports”, Volume 3, Cambridge University Press, page 48 under the heading States as International Persons http://books.google.com/books?id=MFexbdGJeh8C&lpg=PA48&pg=PA48#v=onepage&q&f=false
        *The reference to the decision by Law Lords Simon and Erleigh in Lauterpacht’s advisory opinion for the Jewish Agency “States as Persons of International Law”. He noted that the British government had reached the conclusion that Palestine was a “third independent State” for the purposes of the most favored nation clause in its own commerce treaties. http://books.google.com/books?id=shU9AAAAIAAJ&lpg=PA100&ots=ioEVwxjQiv&pg=PA100#v=onepage&q&f=false

    • German Lefty
      German Lefty
      July 18, 2013, 6:04 am

      Jonah, you are nuts. According to your logic, imprisoning a murderer would be malevolence, not justified punishment.

  13. James Canning
    James Canning
    July 17, 2013, 6:31 pm

    I think the various countries within the EU can see they need to get more agressive in conveying to Israel the fact it cannot keep the West Bank.

  14. American
    American
    July 18, 2013, 12:59 am

    Well the UAE has no problem boycotting Israel. The US chasing it’s tail for Israel on the world stage is comical….no one except a small segment of Europe cares what the US says anymore about Israel or anything else…not the Arabs, not Russia, not South America or Africa or Asia. I dont know that world ever did really ‘care’…I think other countries followed our lead and let us be their world cop when they thought the US was doing or would do the right things… now that they see we’re not– we’re Zero to them. Good. Please ignore us.

    London-UAE cable car pact excludes IsraelCity’s main transportation agency comes under fire for deal that forbids any future business dealings with the Jewish state
    July 17, 2013, 1:45

    JTA — London’s main transportation agency has come under fire for a deal with a United Arab Emirates-based company that excludes Israel from future business dealings.

    Transport for London signed a 10-year partnership deal with Emirates Air Line on the Thames cable car, which opened in June 2012 ahead of the London Olympics.
    According to the 2011 contract, which was revealed by the online watchdog group MayorWatch through a Freedom of Information request, Transport for London agreed to abide by the UAE’s foreign policy in the deal.

    Under the terms of the contract, Transport for London will default on the agreement if it sells the cable car to a “conflicting person,” defined as any competitor or “any person who is a national of, or who is registered, incorporated, established or whose principal place of business is in a country with which the UAE does not at the date of this Contract or at any relevant point during the Term maintain diplomatic relations.”
    Israel is the only country that falls into that category.

    Transport for London would not be allowed to finance the project through Israel-based or Israeli-owned banks, nor would Israel be able to buy the cable cars from Transport for London. Emirates Air Line is providing $ 54.4 million of the project’s more than $95 million construction and development costs.

    “This story raises serious concerns, yet we are confident that the relevant British authorities will know how to deal with it,” Amir Ofek, spokesman for the Israeli Embassy in London, told HuffPost UK.

    Paul Charney, chair of the United Kingdom’s Zionist Federation, in a statement said the exclusion condition “sets a dangerous precedent, effectively allowing UAE money to dictate government policy through commercial contracts.”

    “I call on Transport for London to urgently discuss this matter with foreign and trade ministers and reconsider this agreement before any lasting damage is done.”

    • seafoid
      seafoid
      July 18, 2013, 9:46 am

      Israel has limited clout in international finance when it comes to such matters.
      Maybe they should have picked a land with oil, instead of Palestine, for their project.

      • SQ Debris
        SQ Debris
        July 18, 2013, 3:34 pm

        Zionists should have picked Antarctica, a land without any re-existing human cultures. Then they could have built the “Cool place for Jews” without tarring the enterprise with the dispicable European colonial brush.

    • ritzl
      ritzl
      July 18, 2013, 9:48 pm

      Sounds like the ’70s Arab Boycott redux, only this time the world’s patience with Israel is running thin and there is more global receptiveness to this kind of either/or contractual positioning. It’s still illegal in the US though, f0r firms doing business in the US, as far as I know.

      This is getting interesting.

  15. Citizen
    Citizen
    July 18, 2013, 6:29 am

    Meanwhile, Kerry is over in Israel again, for the sixth time in as many months. He’s a laughing stock everywhere in the world except the USA. They were laughing about it on Imus In The Morning moments ago. Their regular sports announcer, who is Jewish, is also in Israel now. Imus himself said he’s known the sports announcer for forty years, and he’s a great guy–just insane, peculiar “in a nice way.” He then talked about the guy going over to Israel (apparently) in the past, and doing crazy stuff to “kill Hitler.”

  16. Citizen
    Citizen
    July 18, 2013, 6:40 am

    On this sixth visit, the Arabs are all telling him the I-P conflict aka “Palestinian centrality,” is the biggest key to peace/stability in the Middle East (not the Arab Spring), and elsewhere. And Kerry did not disagree. http://cnsnews.com/news/article/arabs-tell-kerry-israeli-palestinian-dispute-region-s-core-issue-instability

    Kerry blithly did respond like a hasbara robot, paraphrasing, “Well that depends (solely) on direct negotiations between the two parties.”

    • James Canning
      James Canning
      July 18, 2013, 1:59 pm

      @Citizen – – Does Kerry figure Obama lacks the courage to tell Israel: “stop growing the illegal colonies in the West Bank”?

  17. Citizen
    Citizen
    July 18, 2013, 7:00 am

    Kate pointed out yesterday on MW, linking to an article, that Kerry has threatened Abbas with cutting off all US aid if Abbas won’t sit down with Israel unconditionally.
    Our latest “honest broker” is just like all the rest. Israel’s continued settlement expansion is also a condition to sitting down with PA, but Kerry would never threaten Israel with cutting of US aid unless it at least suspends said expansion.

    • James Canning
      James Canning
      July 18, 2013, 1:55 pm

      Does Kerry figure Obama simply is not willing to challenge the Israel lobby, by insisting Israel stop growing the illegal Jewish colonies in the West Bank?

  18. Mayhem
    Mayhem
    July 18, 2013, 9:59 am

    PA official: EU Judea and Samaria guidelines harm Palestinians – read http://www.israelhayom.com/site/newsletter_article.php?id=10765

    • W.Jones
      W.Jones
      July 18, 2013, 12:26 pm

      “For our part, we approached a number of [European] Union officials, in the [Palestinian] Authority and also in Israel, to try and prevent the decision or at least to keep it unofficial,” said the official, who declined to give his name. “It’s not just Israeli companies that are going to be hit economically, it’s also going to be disastrous economically and socially for the Palestinian community.”

      MAKES NO SENSE, unless they are in cahoots.

      • James Canning
        James Canning
        July 19, 2013, 7:56 pm

        Too bad some of the billions of dollars spent by Saudis and Qataris on promoting insurgency in Syria, did not go to the Palestinians instead.

    • talknic
      talknic
      July 18, 2013, 12:46 pm

      @ Mayhem israelhayom.com a nice non-partisan website … right?

      “said the official, who declined to give his name. ” so no one can check what the alleged official allegedly said …. cute stuff.

    • Shmuel
      Shmuel
      July 18, 2013, 4:03 pm

      PA official: EU Judea and Samaria guidelines harm Palestinians

      In other news, an unnamed Hamas leader criticised EU policy on Yerushalayim — the Eternal, United Capital of the Jewish People.

      • seafoid
        seafoid
        July 18, 2013, 4:37 pm

        Hamas say they refuse to call Jerusalem al Quds, according to Arutz Sheva.

        In other news, PA agree to move Muslim holy day to Saturday, exclusively on Israelhahayom.

  19. W.Jones
    W.Jones
    July 18, 2013, 12:28 pm

    Maybe I should send a congratulations to JStreet.

    Ben Gurion, who oversaw the ethnic cleansing of the Israeli State proper, disagreed with taking over the West Bank. By limiting the restriction to illegal settlements in the West Bank, the EU does the Israelis a favor that is in line with Jstreet’s opposition to settlements as a major obstacle to the 2SS.

    • German Lefty
      German Lefty
      July 18, 2013, 4:27 pm

      By limiting the restriction to illegal settlements in the West Bank, the EU does the Israelis a favor that is in line with Jstreet’s opposition to settlements as a major obstacle to the 2SS.
      I agree with you and Omar Barghouti.

    • James Canning
      James Canning
      July 19, 2013, 7:58 pm

      What sense would it make for EU to challenge housing projects for Jews inside Israel? Where non-Jews are being dispolaced?

      • W.Jones
        W.Jones
        July 20, 2013, 2:37 am

        I am not sure what you are saying in your second sentence.

        First, Palestinians are one of the biggest refugee populations in the world. If protest is limited to the settlements and enforcing JStreet’s 2SS, it does not address the refugee status and rejection from their homeland. The displacement you refer to is the fact that Palestinians have been displaced from that territory since 1947.

  20. Mayhem
    Mayhem
    July 18, 2013, 8:03 pm

    What is the EU doing to foster a peace deal between Israel and the Palestinians? Nothing. They encourage the Palestinians to pursue an intransigent, uncompromising position. Israel will find other markets. Palestinian co- workers will suffer. The EU will fall victim to the Muslim demographic timebomb. The Jews are leaving Europe in droves to escape Muslim anti-semitism. Throughout history whenever the Jews are forced out the country sinks into the economic doldrums.

    • Shingo
      Shingo
      July 20, 2013, 6:06 am

      What is the EU doing to foster a peace deal between Israel and the Palestinians?

      Applying the law, which is always the best place to start.

      They encourage the Palestinians to pursue an intransigent, uncompromising position.

      Sorry if you find someone enforcing their right to be intransigent and uncompromising. Try that argument next time you find yourself in a court of law and let us know how far you get.

      Israel will find other markets.

      The EU is their biggest market, and they don’t have the means to penetrate other market, simply because other markets (apart from the US and North America) are too competitive for Israel to compete.

      The EU will fall victim to the Muslim demographic timebomb.

      So will Israel in the absence of a 2ss.

      The Jews are leaving Europe in droves to escape Muslim anti-semitism.

      The Jews are leaving Israel in droves to escape right wing fascism.

      Throughout history whenever the Jews are forced out the country sinks into the economic doldrums.

      Which will happen to Israel too.

      • Mayhem
        Mayhem
        July 21, 2013, 7:11 am

        @shingo, do you realise that you agreed that Israel would go to the dogs if the Jews were forced out?

      • Shingo
        Shingo
        July 21, 2013, 9:14 am

        @shingo, do you realise that you agreed that Israel would go to the dogs if the Jews were forced out?

        No, I agreed Israel would end up in the “economic doldrums” – as you put it – as one would expect when all the wealthy and skilled Israelis decide to put their US and German passports to use.

    • Citizen
      Citizen
      July 20, 2013, 3:30 pm

      @ Mayhem

      RE: ” Throughout history whenever the Jews are forced out the country sinks into the economic doldrums.”
      You are trying to sell a version of the trickle-down theory. One with a Jewish twist.
      It does not even work in Israel, the OECD member with the highest income/wealth gap.

      I guess you think Wall Street is a net plus for America, not the bane it actually is for Dick and Jane. And I guess you don’t like Warren’s bill to reinstate Glass-Seagall’s wall between commercial and investment banking?

    • seanmcbride
      seanmcbride
      July 20, 2013, 4:40 pm

      Mayhem,

      Throughout history whenever the Jews are forced out the country sinks into the economic doldrums.

      Can you expand on that thought? Historical examples? Does Germany fit that model?

      • James Canning
        James Canning
        July 21, 2013, 1:41 pm

        @sean – – Look at Castile and Aragon. United into Spain at same time as Jews were expelled or forced to convert (or pretend to convert). Days of greatest wealth and power came later. (But, much of exploration etc in New World was financed by “Christians” who often were actually Jews pretending to be Christians).

  21. Sibiriak
    Sibiriak
    July 20, 2013, 2:36 am

    But we know that if the EU’s action help bring Palestinians and Israelis back to the negotiating table, two real states won’t be on the table.

    Yep. There is no point for negotiations now, nor in the near-medium future (unless the Palestinians are willing to accept far, far less than a “real state”).

    Palestinians will have to continue suffering and resisting for quite a while longer, until enough pressure is put on Israel to *force* a reasonable (not entirely just, of course) settlement, if that ever happens.

  22. German Lefty
    German Lefty
    July 21, 2013, 10:07 am

    The Real News
    ‘Earthquake’ for Israel: EU To Halt Support For Illegal Settlements

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