[RAMALLAH, 16 June 2008] - On the occasion of the meeting of the EU-Israel Association Council today, 16 June 2008, in which EU Foreign Ministers are meeting their Israeli counterpart Tzipi Livni in Luxembourg, DCI/PS and partners are invoking Israel's flagrant and ongoing human rights violations to warn against the EU upgrading its relations with Israel.
A letter, signed by Addameer, Al Haq, Al Mezan and DCI/PS, was sent to the Slovenian Foreign Affairs Minister H.E. Dr. Dimitrij Rupel, currently President of the EU General Affairs and External Relations Council, highlighting Israel's recent violations of Palestinian children's right to life in the conduct of hostilties, and its disregard for principles of international humanitarian and human rights law on the protection of civilians during conflict.
As of 11 June, 79 Palestinian children had been killed by the Israeli army since the beginning of 2008 in military operations in the West Bank and Gaza Strip; this represents 30 per cent more than the total number of children killed in military operations throughout 2007. Operation 'Warm Winter' alone resulted in the deaths of 33 children in the space of five days, between 27 February and 3 March. Among these 79 fatalities, DCI/PS has documented several incidents amounting to the wilful killing of children, in which soldiers used lethal force unjustified by military necessity by opening fire on unarmed civilians, and/or denying them urgent medical treatment. In international humanitarian law, 'wilfully causing serious injury to body and health' of civilians constitutes a grave breach of the Fourth Geneva Convention (Article 147), for which individuals can be held criminally responsible.
These incidents illustrate the Israeli military's systematic disregard for principles of international law on the protection of civilians, particularly children, in the conduct of hostilities. The European Union is responsible for promoting the highest possible human rights standards worldwide through its relations with third countries. Article 2 of the EU-Israel Association Agreement establishes that: 'Relations between the parties [...] shall be based on a respect for human rights and democratic principles, which guides their internal policy and constitutes an essential element of this Agreement.'
In addition, with the recent adoption of the Council Conclusions on the promotion and protection of the rights of the child in the European Union's external action (May 2008), the Council of the EU reiterated the EU's commitment to promoting children's rights using all available instruments at its disposal, including political dialogue with third countries and the implementation of the EU Guidelines on Children and Armed Conflict (CAAC Guidelines). With the recent inclusion of the Israeli-Palestinian conflict in the list of priority conflicts under the CAAC Guidelines, the rights of Palestinian and Israeli children affected by the conflict should be addressed as a matter of priority by the EU.
In light of the violations reported by DCI/PS, and in the context of Israel's recent call for an upgrade of its relations with the EU, we asked the Slovenian Foreign Affairs Minister to raise child rights issues with the Israeli Foreign Minister Tzipi Livni during the Luxembourg meeting, and consider suspending the Association Agreement if no immediate, serious and practical commitments were made by Israel towards improving its respect for international human rights and humanitarian law.
This call echoes a recent statement made by a delegation of visiting Members of the European Parliament to Israel and the oPt. After a four-day visit, the MEPs held a press conference, and referring to the Wall, check points, the expansion of Israeli settlements and the siege in Gaza, they stated: 'We strongly feel that without serious signs of good faith translated into tangible improvements on the ground, the time is not yet right to upgrade EU-Israel relations'.
Luisa Morgantini, Vice President of the European Parliament, who was also part of the MEP delegation, and who met DCI/PS on 5 June, added to their voices in a recent statement: 'This is not to punish Israel, but to be coherent with our rules - firstly with the respect of human rights that are fundamental in all association agreements between European Union and third countries. Human rights that continue to be systematically violated by the ongoing Israeli policies towards the Palestinian population in the occupied Palestinian Territory'.
In the letter, DCI/PS and partners encouraged the EU to monitor Israel's compliance with its obligations under international humanitarian law within the framework of the reporting mechanism set up under EU Guidelines on Children and Armed Conflict, which DCI/PS and other Palestinian, international and UN organisations feed into.
DCI/PS warns the EU against upgrading ties with Israel in light of Israel's grave and ongoing human rights violations in the occupied territory. DCI/PS cannot understand why an upgrade of the political and economic ties that link the EU with Israel would be considered while no efforts are made by Israel, the occupying power, to uphold its most basic human rights obligations towards the Palestinian population, particulalry children.
The letter was sent to:
The President of the EU General Affairs and External Relations Council
The EU High Representative for the Common Foreign and Security Policy and Secretary-General of the Council of the European Union
The Israeli Minister of Foreign Affairs
The Commissioner for External Affairs and European Neighbourhood Policy
The President and vice-President of the European Parliament
The European Commission Delegation to Israel
The European Commission Delegation in the West Bank and Gaza Strip
All EU member states diplomatic mission to the Palestinian Authority
The Slovenian Embassy in Israel