Cash Before Conscience: Conclusions From The Russell Tribunal
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By Julian
Palestine Monitor
Tuesday, Mar 16, 2010
The beginning of March saw the opening of the
first session of the Russell Tribunal on Palestine in Barcelona. The
question referred to by the Organising Committee in the first session
of the RTP was whether the nature of relations between EU member states
and Israel are unlawful within the framework of international law and,
if so, what practical implications and means can be used to remedy
them?
"We are outraged by how the
Palestinians suffer such destruction, and that the countries which
should uphold international law don’t respect, for Palestine, the
inalienable rights contained in international texts. We act on behalf
of the individual’s right to pressure the international instances to
implement measures to enforce peace but also the penalties for not
applying the law and violate the requirements of the UN. We can not
leave unpunished those who violate those rights."
Stephane Hessel, Ambassador of France and co-editor of
the Universal Declaration of Human Rights, honorary chairman of the
Russell Tribunal for Palestine.
Six main topics were brought before the court
1) The principle of respect for the right of the Palestinian people to self-determination
Majdi
Benchikh (Professor Emeritus at the University of Cergy-Pontoise
((Paris Val d’Oise)) former Dean of the Law Faculty of Algiers)
Explained that the right to self-determination would probably have
known success if major powers, including the EU, had not chosen to
support Israel and guarantee its impunity.
Daragh
Murray (Ireland / Palestine- lawyer at the Palestinian Centre for Human
Rights) Stated that the right to self-determination is violated by
Israel in a consistent way; as the occupation continues human rights
are routinely violated.
2) The annexation of East Jerusalem
Ghada
Karmi (Author and physician) Explained the various facets of the
annexation of the city through political and physical colonisation, as
well as the Judaisation policies which limit the residency rights of
Arab inhabitants. While it has recalled the law and repeatedly
condemned those actions, the EU has never exercised any real pressure
or sanctions against Israel and has never asked for compensation for
the destruction of facilities that it financed but has strengthened its
political, economic and scientific ties with that state, making
themselves complicit in its violations of international law.
Meir
Margalit (Israel) Spoke as a witness and as a member of the council of
Jerusalem and the Israeli Committee against house demolitions (ICAHD)
for which a large part of the budget comes from the European Union. "We
would like to renounce this money if the EU would adopt in return a
more radical policy, more clear vis-à-vis Israel, we feel that this
money is used to wash the European conscience”.
3) Settlements and the plundering of natural resources
Michael
Sfard (Israeli lawyer working in humanitarian law) Explained that there
are 120 settlements in the West Bank. More than half of Jewish settlers
moved into the West Bank after the Oslo agreements. Construction is one
aspect of the development of settlements, but there is also the
violence that the settlers exercise against Palestinians to continually
reduce the boundaries of their land.
4) The European Union / Israel Association Agreement
Raül
Romeva, (MEP) Explained that the association agreements generally
include three parts: a free trade zone, institutional cooperation and
cooperation. They all have a "democratic" clause, which obliges
signatories to cancel the agreement if one party considers that the
other does not meet its obligations or respect the human rights under
the agreements. Nobody has mentioned this clause so far, neither Israel
nor any other country. He spoke on the code of conduct in terms of arms
exports in the EU based on eight criteria of which Israel was guilty of
violating at least six.
Agnes
Bertrand (Belgium, researcher and specialist in Middle East, APRODEV)
Set out cases of passive complicity of the EU and Israel. She took the
example of exports of settlement products in European markets but with
certificate of Israeli origin. She continues by explaining that the
member states of the EU and the EU know very well this is a problem but
they do not want to react to it. These attitudes and silence can be
attributed to the fact that European interests at stake. She ended by
noting that the United States is the main actor and that EU policy is
located in the interstices left by the U.S.
5) The blockade of Gaza and operation "Cast Lead"
The living conditions since the operation Cast Lead
were recalled. The co-editor of the Goldstone report, Colonel Desmond
Travers highlighted the use of certain weapons of war against the
civilian population and the accompanying tolerance of the international
community with these weapons. He articulated that white phosphorus,
darts and heavy metal such as tungsten bullets and DIME (explosive
mixture), should no longer be in a conventional arsenal and that
producing countries have the responsibility to verify the use made by
the belligerents of these toxic products.
6) The construction of the Wall in the Occupied Palestinian Territory
Luisa
Morgantini (Italy, former MEP), recalled that Europe complains but does
not apply any penalty and instead enhances its relations with Israel.
Why then does this silence that discredits the EU exist? According to a
jury member it is because the core of Europe is the economy and Israel
is a kind of a European excrescence in the Middle East. This also
clarifies the all too favourable attitude of Europe, explained François
Dubuisson (Law Professor at the Free University of Brussels).
In October, the second court
session Russell will be held in London. An appeal was launched for
voluntary contributions to ensure the total independence of the court.
The full report, available in three languages, can be read here.
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