The EU’s Israeli Settlement Guidelines and International Law

At The Times of Israel, I have a piece about the new European Union guidelines about funding to Israel, which provide that certain EU monies will not go to Israeli entities beyond the 1949 armistice lines, or that conduct activities there. In particular, I explain that while the guidelines cloak themselves with the mantle of international law, they have nothing to do with international law. Here is the intro:

These guidelines have led to numerous misconceptions from all sides. Concerned Israelis worry that it represents the beginning of an economic boycott. European officials claim international law and a concern for Palestinian self-determination, demand such action. None of this is right.

First, the guidelines do not establish an economic boycott. The rules do not restrict trade between Europe and Israel, or even Israeli companies in the West Bank. Rather, they specify how the EU as an organization chooses to spend its largesse – prizes, grants, and so forth. There is a big difference: restricting one’s gifts saves the EU money; implementing trade restriction would directly hurt its economy as well. In economic terms, a boycott is not the logical extension of a no-gift policy, but rather its direct opposite.

Nor is this about the Palestinians – the rules also bar funding of any organization connected to the Golan Heights. It is not clear which Syria the Europeans think Israel should surrender the entire Golan to, Assad or his Islamist foes, but this broad and unreasonable restriction has nothing to do with “the occupation.” It also has nothing to do with “settlements” in the West Bank; any Israeli institution with a presence in Eastern Jerusalem is blacklisted.

But most importantly, the EU policy is not about international law, which the guidelines repeatedly claim requires such action. Even if one thinks Israelis residing in the West Bank raises international law concerns, this has nothing to do with the new European rules.

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