Europeans for Hamas The European Court of Justice Objects to the Palestinian Outfit’s Terror Designation.
http://www.wsj.com/articles/europeans-for-hamas-1418863172
Hamas is no longer a terrorist organization. This is the astonishing verdict of the European Court of Justice, delivered only a few months after Hamas indiscriminately fired thousands of rockets against civilian targets in Israel.
The ECJ’s ruling on Wednesday in Hamas v. Council concluded that the Palestinian group’s terror-designation is “based not on acts examined and confirmed in decisions of competent authorities but on factual imputations derived from the press and the Internet.”
In an ostensibly procedural ruling, the court objected that Brussels didn’t conduct its own original research when it first put the terrorist label on Hamas in 2001. It did, however, allow that Brussels may still maintain its asset freeze on Hamas—a group that openly avows responsibility for dozens of suicide bombings over many years.
This judicial incursion into foreign policy is particularly troubling since courts should defer to law enforcers and political leaders when it comes to national security. By second-guessing European officials at a terror group’s behest, the ECJ has jeopardized the ability of those officials to set security policy. Don’t be surprised if other terror groups line up in Luxembourg to litigate their way out of asset freezes and other sanctions.
The ECJ’s decision came on the same day that the European Parliament voted to grant “in principle recognition of Palestinian statehood.” Leftist and center-left blocs wanted to endorse Palestinian statehood without condition, but ultimately language about the need for negotiations and a two-state solution was added to the motion at the behest of the center-right bloc. The move follows similar votes in national parliaments in Ireland, Britain and France. The Swedish government in October recognized the state of Palestine.
The votes are symbolic, but symbolism has its own power. Since Hamas continues to exercise effective control over Gaza (despite a fig-leaf agreement earlier this year that restored Ramallah’s de jure sovereignty), a vote for Palestinian statehood is tantamount to acceptance of Hamas as a legitimate political entity.
All this takes place in a week when jihadists left their deadly stamp in Sydney and Peshawar. European judges and parliamentarians may imagine that Hamas is somehow different from other terrorist groups. In reality Hamas is their model. Europe legitimizes these cold killers at its own peril.
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