Source: EJIL:Talk!

Implications of the ICJ Advisory Opinion for the EU-Israel Association Agreement

In addition, Article 2 of the EU-Israel Association Agreement commits the EU and its Member States to base their relations, and the provisions of the agreements themselves, on respect for human rights. Moreover, in their dealings with states engaged in armed conflict or belligerent occupation, such as Israel, all EU Member States are bound by the duty established in Article 1 common to the Geneva Conventions to “respect and ensure respect for [those] Conventions in all circumstances.” Yet, what has generally characterized EU policy is “a pattern of deference, bordering on legal acquiescence, to Israel’s violations of its agreements with the EU.” The Advisory Opinion of the ICJ demands an end to European deference.

Our Shared Horror

Since Hamas’ fighters entered Israeli territory less than a week ago at least 1,200 people in Israel and 1,100 in Gaza have been killed, more than 100 have been taken hostage, thousands have been wounded, more than 2 million are cut off from food, fuel and clean water, millions more have suffered trauma. Hamas has wiped out whole families. Israel’s armed forces are reacting by wiping out whole families. While some questions await answers, these facts are not contested. They have polarized a discourse that was always harsh. Beyond unqualified affirmations of Israel’s right to defend itself, some politicians, commentators, and scholars now endorse indiscriminate harming of Palestinians as a response to Hamas’ terrorism. Other politicians, civil society organizations, and scholars cast this terrorism as justified resistance to Israel’s occupation. The logic of collective punishment characterizes not only the actions of Hamas and the Israeli government, but also many statements justifying them. Anything goes when you defend yourself against terrorists? Anything goes when you resist occupiers?