Should the EU Ban Trade With Israel’s Illegal Settlements?

February 5, 2025

A collective call to action is being made by various human rights organizations, trade unions, and civil society groups advocating for the European Commission to enforce a ban on all trade and business dealings between the European Union (EU) and Israel’s illegal settlements in the Occupied Palestinian Territory (OPT), including East Jerusalem. This plea is rooted in international law and recent judicial opinions and aims to end what they describe as the EU’s indirect support of systemic human rights violations facilitated by continued trade with these settlements. The organizations argue that by allowing trade with these settlements, the EU is complicit in violating international humanitarian standards and helping perpetuate an unlawful situation, thus undermining global human rights efforts.

The Legal and Moral Imperative

The call to action is emphasized in a letter addressed to President Ursula von der Leyen of the European Commission, underscoring the necessity for the EU to uphold its legal obligations under international law. This obligation was recently reinforced by an advisory opinion from the International Court of Justice (ICJ) issued on July 19, 2024. The ICJ determined that states must not recognize, aid, or assist in perpetuating the unlawful situation resulting from Israel’s occupation of Palestinian territories, including abstaining from economic or trade dealings that would entrench Israel’s unlawful presence in the OPT.

The letter criticizes the EU’s current policy, which attempts to distinguish between goods produced in Israel and those produced in settlements by not extending preferential trade terms to the latter. Although this differentiation is acknowledged as a step towards compliance, it is argued that it falls short of meeting the full scope of the obligations specified by international humanitarian law and the ICJ. Goods from settlements still enter the EU market, indirectly supporting the continuation and expansion of these settlements. This, in turn, is seen as a significant obstacle to a two-state solution and as a contributing factor to severe human rights abuses in the region.

Human Rights Violations Linked to Settlements

The letter details several serious human rights abuses linked to the settlement enterprise, including but not limited to forced evictions, demolition of civilian infrastructure, land confiscation, forced transfers, and violence by state-backed settlers and Israeli forces. These actions not only pose significant barriers to achieving peace but also lead to a range of severe human rights abuses. Forced evictions disrupt the lives of Palestinian families, while the demolition of civilian infrastructure compromises basic needs and services. Land confiscation and forced transfers displace communities, contributing to a climate of instability and fear.

Despite the EU member states repeatedly condemning these settlements as illegal and obstacles to peace, the organizations argue that the EU has not taken sufficient action to halt the trade that sustains such conditions. The continued trade with settlements is seen as indirectly supporting these human rights violations, necessitating urgent and concrete action from the European Commission. By allowing goods from the settlements into the European market, the EU is accused of contributing to the economic viability of these settlements, thereby endorsing the systemic abuses occurring therein.

The Call for a Comprehensive Ban

In light of these concerns, the signatories call on the European Commission to take two immediate actions. Firstly, they urge the Commission to introduce legislation that would ban all imports and exports of goods and services from and to Israel’s illegal settlements, and to prohibit investments therein. The Commission is reminded of its authority to propose such a ban under the Common Commercial Policy, emphasizing its capability to take decisive action on this front. A comprehensive ban would signal a strong stance against the illegal settlements and align the EU’s trade policies with its stated commitments to human rights and international law.

Secondly, the signatories call for a strengthened business advisory to discourage European businesses from engaging in activities that benefit Israeli settlements pending the adoption of the proposed legislation. This advisory should go beyond the existing guidelines and emulate Norway’s approach of actively discouraging all trade with settlements and any engagement with Israeli enterprises operating in these areas. By implementing stricter advisories, the EU can exert pressure on businesses to divest from activities that support the illegal settlements, further isolating these entities economically and politically.

Broad Support for the Initiative

An extensive list of signatories from various organizations is included in the article, emphasizing the broad support for this initiative. Among the signatories are notable organizations such as Amnesty International, Human Rights Watch, and the International Federation for Human Rights (FIDH), as well as numerous national and regional civil society groups, trade unions, and platforms advocating for Palestinian solidarity. This broad coalition reflects a strong consensus on the necessity of EU action to address the issue of trade with Israel’s illegal settlements.

The diverse range of organizations uniting under this common cause signifies a growing movement within civil society to leverage collective advocacy for tangible policy changes. This coalition’s support demonstrates the widespread recognition of the urgency and importance of resolving this issue. The collective efforts of these organizations aim to mobilize public opinion and influence policymakers, stressing the moral and legal imperatives of halting trade with the illegal settlements to safeguard human rights and promote peace in the region.

The Role of International Law and Human Rights

Adherence to international law and the protection of human rights serve as the primary driving forces behind this call to action, as frequently cited throughout the article. The reliance on legal opinions and precedents, such as the advisory opinion from the ICJ, indicates a strategic use of existing international frameworks to pressure policy changes. The organizations argue that the EU’s current policies are inadequate and that a comprehensive ban on trade and investments in the settlements is necessary to comply with international law and uphold human rights.

The call for increased accountability from the EU and European businesses highlights the ethical responsibility to avoid contributing to human rights abuses through continued trade with settlements. The organizations urge that it is not enough to condemn the illegal settlements rhetorically; concrete actions must be taken to ensure that trade policies align with the principles of human rights and international law. By implementing a comprehensive ban and strengthening advisories, the EU can demonstrate a commitment to ending its complicity in the human rights violations occurring in the OPT.

Conclusion

The final section of the article captures the collective plea for the European Commission to fulfill its international legal obligations by banning all trade and business with Israel’s illegal settlements. It underscores the inadequacies of the current policies, the serious human rights violations linked to settlements, and the broad support from numerous organizations advocating for tangible policy changes. Although the current policies differentiate between goods produced in Israel and those in settlements, they still indirectly support the illegal settlement enterprise, perpetuating human rights abuses. Through strengthened advisories and comprehensive legislative action, the EU can take decisive steps to honor its commitments to human rights and international law. The consolidated information ensures that the complexities and nuances of the subject are conveyed comprehensively, aiming to inspire action and accountability in addressing the issue at hand.

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