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Top EU Diplomat Warns Israeli Impunity Will Lead to West Bank Becoming 'a New Gaza'
"Against this backdrop, it is clear that the prospect of a two-state solution—which we have been ritually repeating—is receding ever further while the international community deplores, feels, and condemns, but finds it hard to act."
Sep 10, 2024
European Union foreign affairs chief Josep Borrell on Tuesday urged the international community to stop "radical members of the Israeli government" from thwarting Palestinian statehood and prevent Israel from turning the illegally occupied West Bank into "a new Gaza."
Speaking to attendees of an Arab League conference in Cairo, Borrell lamented that a Gaza cease-fire agreement "has still not been signed and does not seem likely to be signed in the near future."
"Why? Quite simply, because those who are waging the war have no interest in putting an end to it," he continued. "So, they are just pretending... Because, as it turns out, their intransigence is accompanied by total impunity."
"If acts have no consequences, if blatant violation of international law remains disregarded, if institutions such as the International Criminal Court are threatened, if the International Court of Justice rulings are totally ignored by those who promote a rules-based order, who can be trusted?" Borrell asked.
"Not only is there no pause in the war in Gaza," he noted. "But what looms on the horizon is the extension of the conflict to the West Bank, where radical members of the Israeli government—Netanyahu's government—try to make it impossible to create a future Palestinian state."
Israeli Prime Minister Benjamin Netanyahu and members of his far-right government have openly
boasted about their efforts to derail the so-called "two-state solution," and Israeli lawmakers voted overwhelmingly in July to oppose the creation of a Palestinian state.
Borrell asserted that "a new front is being opened with a clear objective: to turn the West Bank into a new Gaza—in rising violence, delegitimizing the Palestinian Authority, stimulating provocations to react forcefully, and not shying away from saying to the face of the world that the only way to reach a peaceful settlement is to annex the West Bank and Gaza."
Since last October, Israeli soldiers and settler-colonists have killed more than 600 Palestinians in the occupied West Bank and East Jerusalem, including more than 140 children. Settlers have carried out more than 1,000 attacks including multiple deadly pogroms, during which Israel Defense Forces soldiers stood by, protected, and even joined the attackers.
"Without action, the West Bank will become a new Gaza," Borrell stressed. "And Gaza will become a new West Bank, as settlers' movements are preparing new settlements."
"Against this backdrop, it is clear that the prospect of a two-state solution—which we have been ritually repeating—is receding ever further while the international community deplores, feels, and condemns, but finds it hard to act," Borrell added.
"What can we do?" he asked, continuing:
We need to raise our voice at the next [United Nations General Assembly] and prevent a sort of "Gaza fatigue," which will embolden the extremists and postpone once again the idea of a political settlement. We have to launch a process where all parties who want to work on an agenda—a concrete and practical agenda to implement the two-state solution—can work together.
Second, we need to revitalize the Palestinian Authority to support their reform process, but also to support [them] financially.
Third, [we have] to facilitate all attempts at dialogue between Palestinians and Israelis.
Fourth, [we must] not give up on engaging with Israeli civil society, even in this context—and especially in this context. Everyone, not just the Europeans—Palestinians, and Arab civil society, must do it. I know how difficult it is to reconcile both narratives, but it is the only way to move forward...
Fifth, the Palestinians have to reach a common vision, to overcome their divisions, because the more these divisions exist, the more they undermine the legitimacy and representativeness of the Palestinians.
Sixth, the Europeans need to adopt a common approach. That is what I am working tirelessly on, even if the success is limited, because I have never seen such a dividing issue among the Europeans as the Israel-Palestine conflict.
Seventh, the Arab States need also to adopt a truly common approach [to] coordinating and showing solidarity.
"All in all, it means building a balance of power on realistic foundations for the two-state solution—before it becomes, definitely, too late," Borrell concluded. "I know, it is extremely difficult. However, we must never give up."
Last month, Borrell called for sanctioning Israeli leaders for hate speech and inciting war crimes in Gaza and the illegally occupied West Bank. He has also called for an arms embargo on Israel.
Israel is currently on trial for genocide at the International Court of Justice. Meanwhile, International Criminal Court Prosecutor Karim Khan is seeking to arrest Netanyahu, Israeli Defense Minister Yoav Gallant, and three Hamas leaders—at least one of whom has been assassinated—for alleged war crimes and crimes against humanity.
Since October 7, when the Hamas-led attack on Israel left more than 1,100 people dead—some of them killed by so-called "
friendly fire"—and over 240 others kidnapped, Israeli forces have killed at least 40,988 Palestinians in Gaza, mostly women and children. At least 94,825 other Palestinians have been wounded. Almost all of Gaza's 2.3 million people have been forcibly displaced, while Israel's "complete siege" has starved and sickened people across the enclave, with dozens dying of malnutrition.
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EU's Top Diplomat Seeks Sanctions on Israeli Leaders for 'Incitement to Commit War Crimes'
While welcoming the move, one Amnesty International campaigner asserted that "the E.U.'s call for a cease-fire and curbing settler violence rings hollow until it takes concrete action."
Aug 29, 2024
European Union foreign affairs chief Josep Borrell said Thursday that he has recommended sanctioning Israeli leaders for hate speech and inciting war crimes in Gaza and the illegally occupied West Bank.
Borrell said during a meeting of E.U. foreign ministers in Brussels that he has asked member states if they support imposing sanctions on some Israeli Cabinet ministers who have disseminated "unacceptable hate messages against the Palestinians" and have proposed "things that clearly go against international law" and amount to "an incitement to war crimes."
Israeli ministers should be sanctioned by EU for inciting hate and war crimes against Palestinians, says @JosepBorrellF. #Gaza #WestBank #Israel pic.twitter.com/9N0oz0tdCX
— Georg von Harrach (@georgvh) August 29, 2024
At least one E.U. member said it supports Borrell's recommendation.
"This is a war against Palestinians, not just against Hamas. The level of civilian casualties and dead is unconscionable," Irish Foreign Minister Micheál Martin said Thursday in Brussels. "It's a war on the population. No point in trying to fudge this."
"It cannot be business as usual," Martin added. "It is very clear to us that international humanitarian law has been broken."
Earlier this year, the Irish Senate voted to impose sanctions on Israel, prohibit the transfer of U.S. weapons to Israel via Ireland, and push for an international arms embargo against the country.
While E.U. nations such as Ireland, Spain, Norway, and Slovenia have been outspoken critics of Israel's Gaza onslaught and have responded with moves including recognizing Palestinian statehood, other members of the bloc—notably Germany and France—have been staunch supporters of Israel, even as its forces have killed and wounded more than 144,000 Gazans and displaced, starved, or sickened millions more.
Israeli Foreign Minister Israel Katz has threatened "severe consequences" for European nations that recognize Palestinian statehood.
Like the United States—Israel's biggest international backer—the E.U. has imposed sanctions on a handful of far-right Israeli individuals and groups, including extremist settler colonists who incited deadly West Bank pogroms and an organization whose members have blocked humanitarian aid shipments from entering Gaza.
While Borrell did not publicly identify specific Israeli ministers he believes should be sanctioned, he has recently condemned the words and actions of far-right figures including National Security Minister Itamar Ben-Gvir and Finance Minister Bezalel Smotrich.
Ben-Gvir was widely condemned for defending Israeli soldiers accused of gang-raping a Palestinian man detained at the notorious Sde Teiman prison and for taking part in a highly controversial visit to Islam's third-holiest site, the al-Aqsa mosque compound—which is located on what Jews call the Temple Mount, Judaism's most sacred site. Ben-Gvir infuriated Muslims and other critics by declaring he wanted to "put an Israeli flag" and build a synagogue there.
Smotrich, who has also defended the alleged Sde Teiman rapists as "heroic warriors," has drawn condemnation for promoting new and expanded Israeli settler colonies in the West Bank, a policy he attributed partly to increasing international recognition of Palestinian statehood and the International Court of Justice's (ICJ) recent ruling affirming that Israel's 57-year occupation is a form of apartheid and illegal.
Statements by Ben-Gvir and Smotrich—who recently asserted that it may be "justified and moral" to starve 2 million Palestinians to death—have been entered as evidence in the South African-led ICJ genocide case concerning Israel's war on Gaza.
Borrell has mentioned some of the ministers' words and actions in previous calls for accountability for those who incite hate and violence.
"While the world pushes for a cease-fire in Gaza, Minister Ben-Gvir calls for cutting fuel and aid to civilians," he said on social media earlier this month. "Like Minister Smotrich's sinister statements, this is an incitement to war crimes."
"Sanctions must be on our E.U. agenda," Borrell added.
While human rights defenders welcomed Borrell's sanctions recommendations, some groups urged him to go even further.
"The [ICJ's] findings clearly point to violations of international law committed by Israel and to the obligations of third states not to legitimize or provide any assistance to Israel's illegal conduct," Eve Geddie, director of Amnesty International's European Institutions Office, said on Thursday.
Geddie continued:
E.U. members states' supply of arms and equipment as well as their trade and investment with illegal Israeli settlements are enabling Israel's violations of international law and are contrary to their obligations under international law. There can be no business as usual with a state maintaining a brutal, unlawful occupation and perpetrating serious violations of international law, including war crimes and crimes against humanity, on a mass scale.
The relentless bombardment of Gaza amid a clear risk of genocide, the deadly spike in state-backed settler violence, and the latest military offensive in the West Bank are all byproducts of Israel's unlawful occupation and decades of impunity enabled by E.U. inaction.
"The E.U.'s call for a cease-fire and curbing settler violence rings hollow until it takes concrete actions—an immediate arms embargo, a ban on trade with Israeli settlements, and support for action at the U.N. to bring an end to Israel's unlawful occupation of the occupied Palestinian territory," Geddie added.
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Greenpeace Fights Dakota Access Pipeline Suit With EU Anti-SLAPP Law
"Energy Transfer's lawsuit is a perfect prototype of what the E.U. Directive aims to end: wealthy players using towering legal claims and costs to muzzle criticism," said a senior legal counsel for Greenpeace.
Aug 21, 2024
With "the future of advocacy and peaceful protest" on the line, as one leader of Greenpeace USA said, the international environmental group has become the first entity to use a new European Union law aimed at stopping powerful corporations from filing meritless legal challenges.
Greenpeace International is among the defendants in a $300 million lawsuit originally filed in 2017 by Energy Transfer (ET), the Texas-based oil company that has accused Greenpeace of inciting protests against the firm's Dakota Access Pipeline in North Dakota, and of vandalizing property and delaying the pipeline project.
Greenpeace's home base of Amsterdam allows it to apply the E.U.'s Anti-SLAPP Directive, which was adopted in April with the goal of stopping legal challenges that are deemed to be "Strategic Lawsuits Against Public Participation"—lawsuits that are meant to bankrupt civil society groups and nonprofits with years of litigation and legal fees.
As The New York Timesreported Tuesday, Greenpeace International last month sent a Notice of Liability to ET, which is headed by a close ally of Republican presidential nominee Donald Trump, saying it will use the Anti-SLAPP Directive to counter-sue the company in the Netherlands.
The group said it aims to recover all damages and costs it has suffered as a result of ET's lawsuit unless the company withdraws the case and pays Greenpeace back for the fees it has incurred fighting the litigation so far.
"Energy Transfer's lawsuit is a perfect prototype of what the E.U. Directive aims to end: wealthy players using towering legal claims and costs to muzzle criticism. Thanks to a concerted civil society campaign, there is now a strong tool to stop these cases at the E.U. border and to fight back against them," said Daniel Simons, senior legal counsel for strategic defense for Greenpeace International.
Greenpeace has argued it did not organize protests that included a huge encampment near the Standing Rock Sioux Reservation from 2016-17, where Indigenous tribes and environmental advocates protested ET's construction of the 1,170-mile crude oil pipeline. It has said it did not participate in any violence or property destruction at the protests.
"From the outset, this has been an attempt by ET to bury nonprofits and activists in legal fees, push them towards bankruptcy, and ultimately silence dissent," said Greenpeace.
The group's chapter in the United Kingdom spoke out on Wednesday, saying the lawsuit represents an "existential threat" to Greenpeace.
The Standing Rock Sioux tribe and its allies said the pipeline would endanger the water supply for the reservation and violate the tribe's right to its land. The pipeline began operating in 2017 after Trump issued an executive order, but it has yet to receive federal approval.
ET's lawsuit against Greenpeace is scheduled to go before a jury in Morton County, North Dakota next February.
Anna Myers, executive director of the Whistleblowing International Network and member of the steering committee for the Coalition Against SLAPPs in Europe, said Greenpeace is applying the Anti-SLAPP Directive to confront a growing threat posed by powerful corporations, including fossil fuel firms.
"The Coalition Against SLAPPs in Europe was set up in response to build solidarity and advance the case for anti-SLAPP legislation, including the E.U. Anti-SLAPP Directive published in April 2024," said Myers. "Energy Transfer's lawsuit—and the Notice of Liability issued by Greenpeace International—represents a crucial test of this new law."
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