The EU Commission Notice Regarding Israeli Settlements

Yesterday there was much uncertainty regarding the European Union Commission Notice on future EU interactions (or lack of) with Israeli settlements and settler organizations in the occupied territories. Once the guidelines were made available, things cleared up considerably. Over at Tablet Yair Rosenberg has a good summary of what the guidelines are not, while at +972 Noam Sheizaf adds a couple more points, including the fact that the EU updated the Israeli government throughout the process.

I’ve already discussed what I think might be some long-term implications of the decision. Here are a few other points to bear in mind:

1. The EU explicitly excluded EU-funded entities, whether Israeli or Palestinian, from the sanctions. This means that groups monitoring the occupation, for example, can continue their work.

2. The occupied territories include not only the West Bank, but also East Jerusalem and the Golan Heights (Section A [1,2,3]).

3. That East Jerusalem is included is a very sore point with many Israelis and their defenders. It’s argued that the Western Wall (not to mention other sites sacred to Jewish history throughout the West Bank) is severed from Jewish identity, which is then left open to negotiations. The notice is seen, then, as a complete rejection of potential Jewish-Israeli claims to the Old City and other holy sites and an embrace of the Palestinian position that either there is no Jewish connection or everything is up for discussion. I’m not sure I buy that argument, but if Israelis do then the EU will have to address it.

4. The guidelines don’t mention organizations like Hebrew University of Jerusalem, which is located in East Jerusalem. But there are clauses that open the door to exempting these kinds of organizations (e.g., Section C [11]), and the document does explicitly exclude Israeli and Palestinian national entities. It is not, then, a blanket boycott of Israeli institutions, even those that operate in the West Bank or East Jerusalem.

5. Section D (15) specifically notes that none of these sanctions apply to activities “aim[ed] at benefiting protected persons under the terms of international humanitarian law who live in these territories and/or at promoting the Middle East peace process in line with EU policy.” This seems to be fairly broad (and rightly so), and allows for some nuance in how the sanctions are applied. Under these conditions, Israeli and Palestinian groups that fit with EU preferences and priorities will be exempted.

It’s clear, then, that the guidelines are targeted very specifically at entities or organizations that facilitate and entrench the Israeli presence in the West Bank, and especially the settlements. It’s not a complete boycott, but it’s a boycott nonetheless.

And while Israeli politicians might be claiming ignorance and shock for political purposes or because they simply refused to see the signs pointing in this direction, and Israelis might think this is a betrayal and an unfair singling out of their little country in the face of widespread conflict and human rights violations around the world, I’d argue that a splash of cold water to wake them up might be one of the more important consequences of the whole thing.

Any final resolution to the conflict will require “painful sacrifices” on both sides. For the Palestinians, that means having to accept that there won’t be a Right of Return. For the Israelis, that means having to accept that they won’t get to keep the West Bank or all of Jerusalem. Anything that jars them out of what’s obviously become a comfortable illusion for both peoples is good—and the sooner the better.

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One thought on “The EU Commission Notice Regarding Israeli Settlements

  1. I am afraid your list of painful concessions we have to make is not complete. I would add that we have to accept rocket fire on our cities, buses blowing and condemnation on any attempt to protect ourselves

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