The EU is Right About Western Sahara - Which Means It Is Wrong About Israel By Eugene Kontorovich Fellow, The Lawfare Project Professor of International Law, Northwestern University School of Law Commentary: The European Union makes up its own rules for engaging with occupied territories. JERUSALEM - The European Union recently affirmed that there is no international legal problem in signing a deal with an occupying power that extends to the territory it occupies, or from foreign companies doing business in occupied territory. It did so when it provisionally approved a fisheries agreement earlier this month with Morocco that extends into the territory of occupied Western Sahara, which is beyond Moroccos recognized sovereign territory. Moreover, the EU actually pays Morocco for European access to Western Saharan resources. On all these points, the agreement directly contradicts what the EU, in negotiations with Israel, calls fundamental principles of international law. In recent years, Europe has contested Israels insistence that its EU agreements do not apply to Israels activities in the West Bank. The EU stance has been celebrated by some as an example of European commitment to international law. The EUs new deal with Morocco appears to be contradicting those principles. Moreover, the European Parliaments legal advisor issued a formal opinion earlier this month making it clear that it is the EUs treatment of Morocco, not Israel, that accords with international law. By inventing rules of international law, the EU actually sends the message that Israel might never comply with international law, because where Israel is concerned, this law is a moving target, that can be concocted from thin air. Morocco invaded Western Sahara in 1975 and has occupied it since, claiming it as its own territory.
Posted on: Mon, 25 Nov 2013 11:54:44 +0000
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