Tag Archives | settlements

New Report on EU’s “Settlement Guidelines” for Israel

The Kohelet Policy Forum, a Jerusalem think tank, has released a legal and policy analysis, by Prof. Avi Bell and myself, of the European Commission’s recent “settlement guidelines” – a ban on funding Israeli entities located across, or, more importantly, conducting any “activities” in the West Bank, eastern Jerusalem, the Golan Heights, and Gaza. I’ve previously explained how the Guidelines’ are not about either international law or the Palestinians, and how they contradict and undermine the EU’s own practices elsewhere.

Israel and the EU are currently in the throes of negotiations about the document. The paper presents important new information for discussions of business and academic activities in occupied territories.

The report is available here; and this is from the Executive Summary:

•The Israel Grants Guidelines adopted by the European Commission are singularly discriminatory
against Israel. They contradict international law as established in U.N. documents and leading
court cases, as well as the European Union’s own interpretations of international law.

• The EU provides aid and financial cooperation to numerous countries that maintain settlements
in what Europe considers occupied territory, such as Morocco, Turkey, and Russia. In none of these
cases has the Commission imposed limitations on the aid akin to the Guidelines for Israel.

• The Commission’s position that the Guidelines are mandated by international law are further belied by EU programs that provide grants specifically for settlers in belligerently occupied territory, such as the EU’s programs in Turkish-occupied Northern Cyprus.

• Under international law, there are no prohibitions regarding organizations engaging in “activities” in occupied territories, yet the Guidelines bar funding solely on the basis of such “activities.”

• In pretending that the Guidelines fulfill the requirements of international law, the Commission
exposes the EU to legal challenge for EU funding of

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How the EU Continues to Fund Settlements in Occupied Territory

The EU recently issued guidelines blocking research and other grants to Israeli institutions with activities (archeological digs, etc.) across the Green Line. In the yesterday’s Jerusalem Post I reveal that the EU continues to actively fund settlements in occupied territory, against their own understanding of international law:

Under guidelines prepared earlier this summer, euros would not be allowed to go to Israeli entities located cross the Green Line – or to those that have any operations there. All Israeli entities applying for funding would have to submit a declaration that they do not have such operations.

Europe claims that such a move – unparalleled in its dealings with any other country – is mandated by international law. The EU does not recognize Israel’s sovereignty over the territories, and thus has an obligation to keep its money from going there. Those who celebrated the move said that Israel is finally paying the international price for its occupation.

Yet it turns out that despite the guidelines, the EU still knowingly and purposefully provides substantial direct financial assistance to settlements in occupied territory – in Turkish-occupied Northern Cyprus, that is. So the EU funds the occupation of an EU member state. . . .

Projects include study abroad scholarships for students at the numerous Northern Cyprus universities (imagine such funding for students at Ariel University!); developing and diversifying the private sector through grants to small and medium- sized businesses; various kinds of infrastructure improvements (telecom upgrades, traffic safety, waste disposal); community development grants, funding to upgrade “cultural heritage” sites, and so forth. They even put on a concert.

Amazingly, this information has never been discussed in the debate over the EU action. On the contrary, academic supporters of the EU measure have falsely stated that “There is no significant difference in the [...]

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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

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