The European Union’s (EU) discriminatory and racist labelling requirements for Jewish goods and products originating from Judea and Samaria has now seen Israel effectively label the EU as “persona non grata” in the diplomatic process between Israel and the Palestinian Arabs under the Oslo Accords and the Bush Roadmap.
The EU finds itself in this sorry position following Israel’s decision to reassess the involvement of EU bodies in that diplomatic process and to suspend contacts with the EU and its representatives until that reassessment is completed.
The labelling requirements reflect the EU’s political position that settlement by Jews in Judea and Samaria is illegal in international law. This claim has never been the subject of any binding authoritative legal decision.
The International Court of Justice decision on 9 July 2004 was only an advisory opinion sought by United Nations Secretary-General Kofi Annan and not a legally binding precedent.
That opinion was itself deficient since the Court was never asked by the Secretary-General to consider the legal effect of two territory-specific pieces of international law applicable to Judea and Samaria. Those provisions – article 6 of the Mandate for Palestine and article 80 of the United Nations Charter – vested and preserved the legal right to “close settlement by Jews” in Judea and Samaria for the purposes of reconstituting the Jewish National Home