Judge, jury, and executioner

From the Times of Israel:

Many Israelis have long felt that the European Union is biased against them. Two legal scholars – a former Israeli ambassador and an American Jewish international law professor — think they’ve found the perfect case to prove the claim: A new fishing deal, signed between the Europeans and Morocco, which applies beyond Morocco’s internationally recognized borders, taking in the territory of Western Sahara, which Morocco invaded in 1975 and has occupied ever since.

And they are challenging EU foreign policy chief Catherine Ashton to explain why the agreement, which doesn’t exclude Morocco’s occupied territory, doesn’t show that the body holds Israel to a double standard.

The EU insists that any agreement will explicitly exclude the settlements in the “occupied” West Bank, the scholars noted in a letter sent last month to Ashton’s Brussels office. So why don’t the same constraints apply in the case of Morocco? This blatant inconsistency shows “an official double-standard practiced by the EU,” Professor Eugene Kontorovich of Northwestern University and Israeli ex-ambassador to Canada Alan Baker charged.

Last week, the EU responded to the letter, saying, essentially, that Israel’s occupation is different, but we’re not telling you how and why.

Yes, you did read that correctly. Israel’s ‘occupation’ is different, according to the EU. How is it different? They’re not saying. Why is it different? They are not saying. Why are they not saying? They are not saying.

As Kontorovich is quoted as saying:

“Whatever they have identified in their ‘analysis,’ they’re obviously not very proud of it. Had it been substantial, they would have surely not hesitated to provide more detail.”


“The terseness of Ashton’s statement reflects the general moral superiority of EU officials toward Israel that I’ve encountered in my attempts to discuss these issues with them,” he added. “The attitude is that they are the judges, we are the suspect. How dare we accuse or judge them? As one senior EU official said when I brought these matters up with him, ‘We’re here to talk about you [Israel], not us.’ That is why they do not need to give their reasons: They do not have to explain themselves. We do.”

So, there you have it: the EU is playing the part of judge, jury, and executioner. What price justice? Their blatant disregard for the law, mounted on their high horse of ignorance, is sickening. The only reason they get away with it is that there is no such thing as a truly independent, properly constituted forum to rule on such disputes. But, as I’ve said before, I would always back our lawyers. Probably that’s another reason the EU is ducking and diving. They know they are on shaky ground. They know they are wrong. And they know they are, at least for now, getting away with it. EU = evasively underwhelming.