Inaction is Complicity
The European Union, the Donor Community and Israel
» by Mary Nazzal-Batayneh
The question of Palestine/Israel is of urgent international concern and international actors are legally required to fulfil their erga omnes
obligations towards the
dispute as affirmed by the International Court of Justice in 2004. The misapplication of the EU-Israel Association Agreement illustrates that in its contractual relations with
Israel, the European Union has failed to fulfil its international legal obligations and is furthermore complicit in Israeli violations by failing to counter Israel's material
breaches of the Agreement. Instead of upgrading its bilateral relationship by including Israel in the European Neighbourhood Policy, the EU is legally obligated to
suspend the Agreement. The donor community is similarly complicit in Israeli violations by relieving Israel of its obligations as an occupying power. Donors must
engage in advocacy and adopt a more robust and confrontational approach to help defy Israeli violations of international law.
Both the EU and the donor community
are currently supporting a deluxe occupation where Israel receives unconditional benefits from EU cooperation instruments and is allowed to further entrench a
military occupation and apartheid system paid for by the international community. States, the United Nations, and civil society must take concrete legal and political
action as called for by the ICJ to combat Israeli crimes, international complicity and a situation of lawlessness and impunity.
© Mary Nazzal-Batayneh 2005.
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