The most important development in the EU's relations with Israel occurred in November 1995 with the signing of the Barcelona Declaration which established the Euro-Mediterranean Partnership. This encompassed the then 15 EU states plus 11 states in the Mediterranean region including Israel, Lebanon and Syria.
Israel was in breach of important obligations under the declaration in November 1995. Nevertheless, the EU allowed it to sign the declaration. Israel has failed to fulfil important obligations under the declaration ever since and the EU has continued to turn a blind eye to its failures. The following are a few examples.
First, the Barcelona Declaration obliges its signatories "to respect the territorial integrity and unity of each of the other partners". In November 1995, parts of Lebanon and Syria were under Israeli military occupation and the Golan Heights had been annexed by Israel. Clearly, Israel was failing to "respect the territorial integrity and unity" of its Lebanese and Syrian partners in November 1995. This continues to be true today since Israel is still occupying parts of Lebanon and Syria and Israeli military aircraft frequently invade Lebanese airspace.
Second, the Barcelona Declaration obliges its signatories to "act in accordance with the United Nations Charter and the Universal Declaration of Human Rights, as well as other obligations under international law". In November 1995 Israel was in occupation of the West Bank and Gaza as well as parts of Lebanon and Syria, contrary to Article 2.4 of the UN Charter which obliges UN members to "refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state". Israel is still occupying militarily large swathes of territory that are not its own in breach of the UN Charter.
Third, Article 25 of the UN Charter requires UN member states to "accept and carry out the decisions of the Security Council". In November 1995 Israel was in violation of some 25 Security Council resolutions requiring action by it. By failing to implement these resolutions, Israel was in breach of the UN Charter. Resolutions 446, 452 and 456 demanded that Israel cease building Jewish settlements in the Occupied Territories. Resolutions 252, 267, 298, 476 and 478 obliged Israel to reverse its annexation of east Jerusalem, while Resolution 497 demanded that it reverse its annexation of the Golan Heights. Resolution 487 demanded that it open its nuclear facilities to International Atomic Energy Agency inspection. Had Israel implemented these resolutions at the time they were passed or since, the political landscape in Palestine would have been transformed. It has not done so and, therefore, remains in breach of the UN Charter.
Fourth, the Barcelona Declaration obliges its signatories to act in accordance with the Universal Declaration of Human Rights, Article 7 of which states everybody " is entitled to equal protection against any discrimination". The state of Israel deliberately discriminates against its Arab minority which makes up nearly 20% of its population and has done so since the foundation of the state. It is, therefore, in breach of Article 7 of the Universal Declaration of Human Rights. The European Union has stated this is so, as has the former Israeli Prime Minister, Mr. Ehud Olmert. For example, a European Union report from April 2004 states "Israeli legislation contains laws and regulations that favour the Jewish majority" and observes that the Arab minority "suffers from discrimination in many areas, including budget allocations, official planning, employment, education and health". Giving evidence to a parliamentary commission of inquiry on 11 November 2008, Mr. Olmert said, "We have not yet overcome the barrier of discrimination, which is a deliberate discrimination, and the gap is insufferable." He went on to say, "It is terrible that there is not even one Arab employee at the Bank of Israel," and observed that Arab workers represented less than 1% of all employees at the electricity company.
Fifth, Israel is in breach of international law and the letter of the Barcelona Declaration by refusing to implement the ruling of the International Court of Justice on the wall it has built on the West Bank. Five years ago, in July 2004, the court declared that the construction of the wall was contrary to international law and ordered Israel to cease its construction forthwith and dismantle the existing structure. Israel has categorically refused to comply with these obligations and continued to build the wall.
Regrettably, in all these matters, the European Union has simply turned a blind eye to the failures of Israel to fulfil its obligations under the Barcelona Declaration. Israel has had privileged access to the Union since 2000 as a result of an association agreement under the Euro-Mediterranean Partnership, commonly known as the Euromed agreement. This agreement is very important to Israel, given that one third of its exports are to the European Union. Article 2 of the agreement imposes human rights obligations on Israel as follows: "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". This states plainly that human rights compliance by Israel is an essential element of the agreement, not an optional or desirable element.
Israel has continuously failed to live up to the human rights obligations in Article 2. For example, as we have seen, the state of Israel discriminates against its Arab minority. In the words of Ehud Olmert, this discrimination is deliberate and the gap is insufferable. Clearly, Israel's internal policy towards its Arab minority is not guided by respect for human rights and is, therefore, in breach of Article 2. In recent years Israel has engaged in the economic strangulation of Gaza by closing the crossings between Israel and Gaza. This is in breach of international humanitarian law, specifically Articles 33 and 55 of the fourth Geneva Convention which states:
To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate.
Israel has signally failed to fulfil this obligation placed upon the occupying power by international humanitarian law. This is not really a sin of omission on Israel's part; on the contrary, it has been a deliberate act of Israeli policy with the objective of exerting pressure on the people of Gaza collectively to reject Hamas. As such, it is in breach of Article 33 of the fourth Geneva Convention which forbids the occupying power from applying "collective penalties" on people under occupation. Israel's economic blockade of Gaza is contrary to international law and it is, therefore, in breach of Article 2 of the Euro-Mediterranean agreement.
In the military assault on Gaza which began on 27 December Israeli forces killed more than 1,400 Palestinians, including more than 400 women and children. Various inquiries by UN bodies and independent human rights NGOs have produced extensive evidence of human rights violations by Israeli forces amounting in many instances to war crimes. Regrettably, the European Union has turned a blind eye to all these failures on the part of Israel to fulfil its obligations under Article 2 of the Euro-Mediterranean agreement.