arch/ive/ief (2000 - 2005)

Fourth Geneva Convention (1949)

Article 147 of the Convention states:
"Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly."

EU:
In its conclusions at the Barcelona European Council, the EU repeated its condemnation of Israel by stating Israel "must immediately withdraw its military forces from areas placed under control of the PA, stop-extra-judicial killings, lift the closures and restrictions, freeze settlements and respect international law."

EU-Israel Association agreement (June 2000)
Human rights and democratic principles:

Article 2 of the Agreement:
"Relations between the Parties, as well as all the provisions of the Agreement itself, shall be based on respect for human rights and democratic principles, which guides their internal and international policy and constitutes an essential element of this Agreement."

EU:
In its conclusions at the Barcelona European Council, the EU repeated its condemnation of Israel by stating Israel "must immediately withdraw its military forces from areas placed under control of the PA, stop-extra-judicial killings, lift the closures and restrictions, freeze settlements and respect international law."

EU-Israel Association agreement (June 2000)
Rules of origin:

Article 83 of the Agreement:
"This Agreement shall apply, on the one hand, to the territories in which the treaties establishing the EC and the ECSC are applied and under the conditions laid down in those Treaties and, on the other hand, to the territory of Israel."

Protocol 4 of the Agreement: "concerning the definition of the concept of 'originating products' and methods of administrative co-operation", foresees that preferential treatment is granted to products produced within the territory of the Parties, therefore excluding products wholly or substantially produced in the Occupied Palestinian Territories.

EU:
The EU Member States and the European Commission have proof of violations of the Agreement's provisions on trade. The Israeli authorities have admitted their illegal behaviour, openly claiming the Israeli right to build settlements in the Occupied Territories and to export settlements' products to the EU under this preferential treatment.

EU Code of Conduct for Arms Exports (June 1998)

"Criterion Two:
The respect of human rights in the country of final destination
Having assessed the recipient country's attitude towards relevant principles established by
international human rights instruments, Member States will:
a) not issue an export licence if there is a clear risk that the proposed export might be used for internal repression.
b (...)Internal repression includes, inter alia, torture and other cruel, inhuman and degrading treatment or punishment, summary or arbitrary executions, disappearances, arbitrary detentions and other major violations of human rights and fundamental freedoms as set out in relevant international human rights instruments, including the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights.

Criterion Three:
The internal situation in the country of final destination, as a function of the existence of tensions or armed conflicts
Member States will not allow exports which would provoke or prolong armed conflicts or aggravate existing tensions or conflicts in the country of final destination.

Criterion Four:
Preservation of regional peace, security and stability. Member States will not issue an export licence if there is a clear risk that the intended recipient would use the proposed export aggressively against another country or to assert by force a territorial claim.
When considering these risks, EU Member States will take into account inter alia:
a) the existence or likelihood of armed conflict between the recipient and another country;
b) a claim against the territory of a neighbouring country which the recipient has in the past tried or threatened to pursue by means of force;
c) ...
d) the need not to affect adversely regional stability in any significant way.

Criterion Six:
Member States will take into account inter alia the record of the buyer country with regard to:
a)...
b) its compliance with its international commitments, in particular on the non-use of force, including under international humanitarian law applicable to international and non-international conflicts;
c) ..."

EU:
In its conclusions at the Barcelona European Council, the EU repeated its condemnation of Israel by stating Israel "must immediately withdraw its military forces from areas placed under control of the PA, stop-extra-judicial killings, lift the closures and restrictions, freeze settlements and respect international law."

UN Security Council Resolution 242 (November 1967)

Article 1:
Affirms that the fulfillment of Charter principles requires the establishment of a just and lasting peace in the Middle East which should include the application of both the following principles:
Withdrawal of Israeli armed forces from territories occupied in the recent conflict;
Termination of all claims or states of belligerency and respect for and acknowledgement of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within secure and recognized boundaries free from threats or acts of force;

Article 2:
Affirms further the necessity
For guaranteeing freedom of navigation through international waterways in the area;
For achieving a just settlement of the refugee problem;
For guaranteeing the territorial inviolability and political independence of every State in the area, through measures including the establishment of demilitarized zones;

UN Security Council Resolution 1397 (March 2002)

"The Security Council:
"Recalling all its previous relevant resolutions, in particular resolutions 242 (1967) and 338 (1973),

"Affirming a vision of a region where two States, Israel and Palestine, live side by side within secure and recognized borders
(......)
"Stressing the need for all concerned to ensure the safety of civilians,
"Stressing also the need to respect the universally accepted norms of international humanitarian law,

Article 1:
Demands immediate cessation of all acts of violence, including all acts of terror, provocation, incitement and destruction;

Voor Meer info:
Nelly Maes 0477/30.67.58

Proficiat Nelly Maes voor deze info.
Edoch, waar slaat EU en de daaopvolgende commentaar telkens op? Is dit het europees parlement? De commissie?

Volgende keer iets meer kader aub.