EU bends rules to allow trade with Israeli settlements: The Intercept
Department of Security and Military Strategic Research and Studies 24-10-2024
Legal experts say the EU analysis contradicts the ICJ opinion, which asserts that states must cease all support for the Israeli occupation of Palestine.
A leaked analysis carried out by the the chief legal officer of the European Union’s foreign service released by The Intercept reveals that “a new opinion by judges in The Hague does not require EU states to ban goods imported from Israeli settlements.”
This follows a recent advisory opinion by the International Court of Justice (ICJ), which urged nations to halt all support for the Israeli occupation of Palestinian land.
Legal experts stated that the analysis contradicts the ICJ opinion, which asserts that states must cease all support for the Israeli occupation of Palestine, including the West Bank and Gaza Strip.
In a seven-page memo, Frank Hoffmeister, head of the EU foreign service’s legal department, argued that while European law necessitates the labeling of settlement products, the question of whether to impose a ban on their import and sale is open to discussion.
According to Hoffmeister’s analysis, the “EU law requires labelling indicating that foodstuffs originate in the West Bank and settlements,” adding that “it is a matter of further political appreciation whether to revisit the EU’s policy vis-à-vis the import of goods from the settlements.”
Hoffmeister’s legal advice was sent to EU foreign policy chief Josep Borrell on July 22, just three days after the ICJ ruled that states must not “render aid or assistance in maintaining” “Israel’s” illegal occupation, The Intercept indicated.
ICJ President Nawaf Salam affirmed on July 19 that “Israel’s” practices and policies violate international law and that the court will examine the legal implications of “Israel’s” unlawful presence in the occupied Palestinian territories.
The opinion specifically addressed the prolonged Israeli occupation, “Israel’s” settlement policy, the “annexation” of Palestinian territory occupied since 1967, and the adoption of related legislation and measures that are discriminatory.
According to Salam, the ICJ’s advisory opinion is based on the premise that the Palestinian territories are occupied lands and the occupied Palestinian territories in Gaza, the West Bank, and al-Quds represent contiguous and sovereign lands that must be respected.
Additionally, Salam emphasized that the Israeli occupation’s “duties” in the occupied territories are subject to the 1959 treaty on the treatment of civilians during war, and the occupying forces are obliged to ensure the delivery of water to the inhabitants of the occupied areas.
He also described the Israeli occupation’s use of natural resources in the occupied Palestinian territories as a violation of its obligations under international law, stressing that “Israel” must compensate for the damages caused by its occupation of Palestinian territories.
On the international level, the ICJ confirmed that all states have an obligation not to recognize the Israeli occupation of Palestinian territories and noted that everyone must distinguish between “Israel” and the occupied Palestinian territories.
