EU and Member States: International law must apply in all aspects of cooperation with Israel

The EMRHN welcomes the position of Romania in the negotiation of an agreement to regulate Romanian construction workers in Israel. Romania insists that its construction workers not be employed in Israel’s illegal settlements in the occupied West Bank.

This position is in line with international law; in particular the obligation of third states under international law not to recognise as lawful a situation arising from a breach of international law, not to render aid or assistance in maintaining the illegal situation and the duty to ensure compliance by all signatories, including Israel, with international humanitarian law.[1] Israeli settlements in the Occupied Palestinian Territory (OPT), including East Jerusalem, are a serious violation of international humanitarian law and are the source of a number of violations of international humanitarian and human rights law. This includes the appropriation of Palestinian land for settlements; the exploitation of Palestinian non-renewable natural resources; the demolition of Palestinian structures; the forcible displacement of Palestinians; the construction of a separation wall which deviates from the pre-1967 border; and movement restrictions linked to settlements and the wall.

Moreover, non-Israeli workers employed in the settlements do not enjoy the protections accorded to workers in Israeli law. Israel has employed hundreds of thousands of cheap migrant labourers from various countries including Romania, under restrictive visa conditions, since the mid-1990s. Labourers in the construction and repairs sector in the illegal settlements on the West Bank work in substandard safety conditions, for low wages and long hours. Migrant workers in Israel are excluded from access to public social welfare and healthcare services, and have no legal path to regularisation or naturalisation.

The EU has repeatedly stated that Israeli settlements in the OPT are illegal and are an obstacle to peace. The EU issued guidelines prohibiting any financial assistance to entities based in or operating in Israeli settlements. The EU and its Member States should move beyond statements and take swift actions to press the Government of Israel to end the construction of illegal settlements and comply with its responsibilities under international law. Other EU Members States should adopt a similar position regarding their labour and other economic activities with Israel.

In addition, the EU and Member States should ensure that the illegal settlements and companies who work with them do not benefit from EU and Member State cooperation with Israel. The EMHRN welcomes the fact that certain positions have recently been taken by the EU and some Member States in this regard, but stress the need to do more to ensure respect of international law. The EU and its Member States should:

• Include safeguard clauses in all EU and bilateral cooperation instruments with Israel that exclude participation of entities based in or operating in settlements.
• Revise the ‘Technical Arrangement’ concerning customs and tariffs with Israel to guarantee all settlement products are effectively excluded from any preferential treatment.
• Condition the further strengthening of bilateral relations with Israel to Israel’s respect for international law in Israel and in the OPT.

• Include the relevant provisions in all agreement to be signed with Israel explicitly limiting the territorial applicability of the agreement to Israel proper. The deficiencies related to the previous forms of cooperation should be rectified.
• Prevent, discourage and raise awareness about corporate complicity in international law violations in the OPT. Member States should ensure that their national corporations who are involved in or suspected of being involved in such violations in the OPT withdraw their activities.