The EU, like the rest of the world, does not recognize Western Sahara as part of Morocco, but this has not stopped EU from extending its agreements with Morocco to cover Western Sahara. In recent years, Europe has contested Israel's insistence that its EU agreements do not apply to Israel's activities in the West Bank. The EU stance has been celebrated by some as an example of European commitment to international law. The EU's new deal with Morocco appears to be contradicting those principles.
The EU is right about Western Sahara -- which means it is wrong about Israel
Commentary: The European Union makes up its own rules for engaging with occupied territories.
JERUSALEM -- The European Union recently affirmed that there is no international legal problem in signing a deal with an occupying power that extends to the territory it occupies, or from foreign companies doing business in occupied territory.
It did so when it provisionally approved a fisheries agreement earlier this month with Morocco that extends into the territory of occupied Western Sahara, which is beyond Morocco's recognized sovereign territory.
Moreover, the EU actually pays Morocco for European access to Western Saharan resources. On all these points, the agreement directly contradicts what the EU, in negotiations with Israel, calls fundamental principles of international law.
In recent years, Europe has contested Israel's insistence that its EU agreements do not apply to Israel's activities in the West Bank. The EU stance has been celebrated by some as an example of European commitment to international law. The EU's new deal with Morocco appears to be contradicting those principles.
Moreover, the European Parliament's legal advisor issued a formal opinion earlier this month making it clear that it is the EU's treatment of Morocco, not Israel, that accords with international law.
By inventing rules of international law, the EU actually sends the message that Israel might never "comply" with international law, because where Israel is concerned, this "law" is a moving target, that can be concocted from thin air.
Morocco invaded Western Sahara in 1975 and has occupied it since, claiming it as its own territory. The Security Council has condemnedMorocco's presence and demanded a complete withdrawal.
In the face of this demand, Morocco has initiated an aggressive settlement policy. As a result, Moroccan settlers may now be the majority in the territory.
The EU, like the rest of the world, does not recognize Western Sahara as part of Morocco, but this has not stopped EU from extending its agreements with Morocco to cover Western Sahara. The Polisario Front is the generally recognized representative of the indigenous people of Western Sahara, and it vigorously opposes the EU deal.
The Moroccan agreement contradicts two central elements of the EU's legal approach to Israel. The EU says that any application of agreements to the occupied territories would violate international law by "recognizing" Israel's control. Yet while the EU also refuses to recognize Moroccan claims to Western Sahara, it sees no tension between this and extending its agreements with Morocco to that territory.
The EU says it cannot spend a cent on Israeli-sponsored activities in the occupied territories, while in Western Sahara, Europe will actually pay Morocco for its exploitation of natural resources there.
The controversy over EU deals with Morocco led to a ruling from the European Parliament's legal advisor. In brief, the official opinion says international law does not prevent Morocco from exploiting the natural resources of the occupied territory, or for the EU to pay Morocco to exploit the resources of occupied territory.
The EU position regarding Western Sahara is consistent with prior international law, including a 2002 opinion by the Security Council's legal advisor, and a ruling of the French Court of Appeals this summer, as well as the general practice of nations.
The EU is right about Western Sahara -- which means it is wrong about Israel.
To be sure, there are differences between the EU's policies toward Western Sahara and the West Bank; the former is much worse.
In Western Sahara, the EU has licensed the exploitation of scarce natural resources. In the West Bank, the EU seeks to punish pure academic and business activity that do not exhaust resources but only create jobs and opportunities for Arabs and Jews.
Moreover, Israel's economic activity in the West Bank is confined to areas under Israeli jurisdiction by agreement with Palestinian authorities under the Oslo Accords. Morocco's activities have no limitations, because unlike Israel, it has not turned over most of the territory to Polisario rule.
Ironically, the inconsistency in European policies sends exactly the opposite message from that intended by Europe. In its dealings with Israel, the EU wants to make clear that it opposes settlements.
Fair enough. But implicitly, Europe is telling Israel that the problem is not its presence in the disputed territories, but rather that it does not have enough presence; in particular, not enough economic enterprises.
Spanish and French businesses, interested in opportunities in the Western Sahara, are pressing the EU to sign the deal with Morocco.
The Moroccan precedent suggests that if significant Israeli defense, high-tech or biotech enterprises were located in the West Bank, the EU would reduce diplomatic pressures on Israel.
The message Europe wants to send Israel through its tough diplomatic line is that the occupation of the West Bank and settlements are the source of its diplomatic problems. But by not holding any other occupation to the same standard, Europe sends another message: it is not the settlements that bother Brussels -- rather, it is Israel itself.
Eugene Kontorovich is a professor of international law at Northwestern University School of Law in Chicago and a senior fellow at the Kohelet Policy Forum in Jerusalem.
These days, final preparations are being made for the fourth Sovereignty Conference, which will be held on Sunday, the 16th of Tevet, February 12th, in conjunction with the periodical Basheva (and will be broadcast live on Arutz 7). In this conference as well, in which ministers, members of Knesset and public figures will take part, the various ideas of how to promote sovereignty will be presented. However, in contrast to previous conferences, in this conference, Matar and Katsover intend to outline a plan that will offer a first response to the challenges of sovereignty.
Palestinian leaders preach nonstop hatred of Jews and continually incite murderous violence against them. Palestinian schools teach children of every age that suicide martyrdom must be their highest goal. These attitudes are deeply ingrained in their culture, and getting their own state won’t change them. In fact, any Palestinian state would almost certainly be taken over by Hamas, whose charter explicitly calls for the death of all Jews everywhere.
The government of Israel has evacuated Amona – Does the Left or the world like us any better? Do they respect us more? Isn’t it better to apply the law in Judea and Samaria, to absorb exactly the same condemnations that we get in any case, but to do it to rescue the Land of Israel and Amona as part of it?
Latest KingsCalendar Editor Articles by R.P. BenDedek
Everyone is so concerned to be politically correct and so worried about being perceived racist, that they fail to see that in fact the true racists with the truly incorrect political agenda are the ones pointing the finger and doing the name calling. (In psychology it would be called reaction formation; the suppression of one impulse by the promotion of a counter impulse.)
Having met up with my pen friend we went ‘somewhere’ and there was this big open paved garden type area and there were platforms going nowhere which you ascended by climbing stairs. Through the middle of the paved courtyard-garden ran a little pond. I was fully aware of its existence but so focused was I on taking a good photo that I was walking while looking through the viewfinder of the camera. I fell straight into the pond.
Since 2004 he has been writing academic articles, social commentaries and photographic 'Stories from China' both here at KingsCalendar, and formerly as a contributing columnist at Magic City Morning Star News (Maine USA) where from 2009 to 2015 he was Stand-in Editor. He currently has a column at iPatriot.com and teaches English to Business English and Flight Attendant College Students in Suzhou City Jiangsu Province People's Republic of China.)
BenDedek originally created the site to publicize his research results into the Chronology of Ancient Israel. Those results were published under the title: 'The King's Calendar: The Secret of Qumran.' Whilst there have been many attempts to solve the chronological riddle of the Bible's synchronisms of reigns of the kings of Israel and Judah and their synchronism with other Ancient Near Eastern Nations, no other research is based on a simple mathematical formula which could, if it is incorrect, be disproved easily. To date, no one has been able to dismiss the mathematical results of this research.
Free to air Academic articles set forth Apologetics for and results of his discovery of an "artificial chronological scheme" running through the Bible, Josephus, the Damascus Documents of the Dead Sea Scrolls, and Seder Olam Rabbah. Check the Chapter Precis Page to see details of each chapter and to gain access to the Four Free to Air Chapters
(The Download book does not contain a section on Seder Olam)
Definition: King's Calendar Chronological Research
The Premise: Between the 5th and 3rd centuries BCE (but continuing down to at least 104 BCE), Sectarian redactors transcribed the legitimate 'solar year' chronological records of Israel and Judah, into an artificial form, with listed years as each comprised of 12 months of 4 weeks of 7 days, or 336 days per year, thus creating a 13th artificial year where 12 solar years existed.
When the Synchronous Chronological Data provided in the Books of Kings and Chronicles for the Divided Kingdom Period are measured in years of 336 days, the synchronisms actually align. [Refer to Appendix 5. to see how it synchronises the Divided Kingdom Period]