The EU redefines chutzpah: demands compensation from Israel for demolishing illegal buildings

The classic definition of chutzpah is someone murdering his parents and then throwing himself on the mercy of the court because he is an orphan.

The EU has just hit that high standard:

The European Commissioner for Crisis Management, Janez Lenarcic, said this weekend that Israel must pay reparations for structures it demolishes in the West Bank that were built with EU funding.

Lenarcic's remarks were in response to 24 European Parliament members who contacted the commission following Israel's intention to demolish dozens of houses in the West Bank villages of the Masafer Yatta area that were built with financial aid from the European Union or its member states.

"The European Union has repeatedly requested that Israel compensate for the loss of European taxpayers' money," members of parliament wrote to Lenarcic, adding that the commission itself confessed that its diplomatic requests to Israel were ineffective.

Lenarcic responded that "in a number of incidents, Israel has been asked to return or compensate for assets financed by the Union that that were destroyed, dismantled, or confiscated," and that the European Union is continuing to work in this regard through a range of diplomatic and political channels.

This is like demanding compensation from the police for confiscating the car you stole.

The EU-funded buildings are built illegally. Not only under Israeli law - but under international law!

Even if you call Area C "occupied," the occupier is mandated by the Geneva Conventions to maintain a system of laws in the territory. These buildings are built in violation of planning and zoning laws, haphazardly, almost always on public/state lands, with no roads and often stealing water. It is like deciding to build a house in the middle of Yellowstone National Park. 

I've seen these structures first-hand, proudly displaying the EU flag. 

The EU deliberately builds them in Area C, in areas that no Arabs or Bedoun have ever lived, in order to steal land from use by Israel. They move Arabs from Areas A and B, and bus students from those areas to schools they build in Area C. It is land theft.

And these illegal buildings are popping all over.

I once made an animation showing one brand new village in the Judean desert, funded by the EU and NGOs, and how it has been growing based on satellite images.

There is no infrastructure. With full EU support, the Arabs grab land, build shacks, and then claim that these are their ancient homesteads. 

As The Daily Mail reported in 2015:

Alan Baker, an international lawyer who took part in drafting the Oslo Accords in the Nineties, said that the EU’s actions were illegal.

‘The EU is a signatory to the Oslo Accords, so they cannot pick and choose when they recognise it,’ he said.

‘According to international law, all building in Area C must have permission from Israel, whether it is temporary or permanent.

‘The same principle applies anywhere in the world. If you want to build, you need planning permission.

‘The EU is ignoring international law and taking concrete steps to influence the facts on the ground.’

If there is any problem here, it is that Israel has not been pro-active enough in destroying the illegal buildings, empowering the Palestinians and the EU to keep building against international law.

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12/29 Links Pt1: Why Does the EU Disproportionately Fixate on Israel?; The forgotten speech of Yasser Arafat; Why Israel Cannot Send Its Iron Dome to Ukraine

From Ian:

Amb. Alan Baker: Why Does the EU Disproportionately Fixate on Israel?

As part of its "Joint Strategy in support of Palestine," the European Union recently circulated a confidential document that proposes various measures to finance and advance monitoring, undercutting and undermining Israel's policies in Area C of the West Bank, including providing support and legal assistance to Palestinian residents prosecuting land claims in Israeli courts.

Under the 1993-1995 Oslo Accords, signed and witnessed by the EU, Israel and the Palestinian leadership (PLO) agreed to divide the West Bank areas of Judea and Samaria into three distinct areas of control and administration, pending the completion of negotiation on the permanent status of the territories. It was agreed that Area C would remain under Israel's full control, jurisdiction and administration.

In attempting to undermine and to intervene in Israel's legitimate and agreed-upon jurisdiction and governance in Area C, and in supporting Palestinian attempts to violate the Oslo Accords, the EU is in fact violating the terms of the very agreement to which it attached its signature as witness.

The EU claim that Area C is "to be preserved as part of a future Palestinian state in line with the Oslo Accords" is simply a mistaken and misleading interpretation of the Oslo Accords. They made no reference whatsoever to any "future Palestinian state" or "two-state solution." On the contrary, the Palestinian leadership and Israel agreed that the ultimate fate of the territories will be agreed upon in permanent status negotiations. No determination was made as to the outcome of such negotiations.

The EU document notes the EU's commitment to "contribute to building a Palestinian state within the 1967 borders." However, the Oslo Accords made no mention whatsoever of the 1967 borders. On the contrary, there has never been any 1967 border but an Armistice Demarcation Line established in the 1949 Armistice Agreements. These agreements stated specifically that the Armistice Demarcation line was not intended to constitute a border but rather a temporary line separating the forces pending negotiation of peace agreements.

It is high time that Israel's government take a far more assertive role in clarifying to the EU and its member states that the anti-Israel fixation of its staff and its actions in undermining Israel's legitimate authority and jurisdiction in Area C will no longer be tolerated.

Face it, the United Nations Is Antisemitic

The UN General Assembly passed 15 resolutions critical of Israel in 2022, compared to 13 resolutions for all other countries. Since 2015, the UN General Assembly has passed 136 resolutions critical of Israel, compared to 58 against all other nations combined. Selectively holding Israel to a higher moral standard than all other nations is classic antisemitism because its real purpose is to delegitimize the world's only Jewish state.

Hillel Neuer, executive director of UN Watch, said, "The UN's automatic majority has no interest in truly helping the Palestinians, nor in protecting anyone's human rights. The goal of these ritual, one-sided resolutions is to scapegoat Israel."

How the EU Is Undermining International Law in the West Bank

The 1995 agreement known as Oslo II divided the West Bank into three parts: Area A, to be administered directly by the Palestinian Authority (PA); Area B, to be administered jointly by the PA and Israel; and Area C, to be controlled directly by Israel pending further negotiations. In July, the European Union’s mission in eastern Jerusalem produced a document, recently leaked to the press, stating the EU’s commitment “to contribute to building a Palestinian State within 1967 borders,” and outlining a program to build Palestinian settlements in Area C even where not authorized to do so by Israeli law. Jenny Aharon writes:

The EU . . . insists that its positions are based on meticulous compliance with international law, its own laws and charter, and also the Oslo Accords. This claim is surely [belied] by the leaked document in which we can see an activist EU striving to help the Palestinians take over Area C, the very area that is designated to Israel’s control per the Oslo Accords preliminary agreement which the EU claims to uphold.

The claim [made by the EU] is that the construction is meant for humanitarian ends and is not politically motivated. Yet the EU construction takes place in locations that are highly sensitive, precisely for the purpose of creating new facts on the ground and preparing the area for a Palestinian takeover without any final peace agreement.

Oftentimes the political motivation [of EU-funded construction projects] is obvious, as it is conducted without permits and in such places where Israel has no choice but to demolish it—for example, a school adjacent to a dangerous highway or in places where there are no facilities and thus are not considered habitable environments. The political motivation becomes even more obvious as the document explicitly states the EU’s plan to curb Israel’s archeological activities in order to minimize the Jewish connection to the land.

Moreover, the EU does not seem to consider building in Area A and Area B where all they would need is a permit from the Palestinian Authority. Apparently, in those areas, there is no need for humanitarian aid at all.

Palestinian Authority Paved Illegal Highway in Gush Etzion with Foreign Funding

The Gush Etzion Regional Council and local residents recently discovered the construction of a highway starting at Za’atara village, 11 km southeast of Bethlehem in Gush Etzion, north of the Herodion site, and reaching into the Judean Desert. At the start of the new road stands a sign in Arabic saying it was paved with foreign funding and assistance from the Palestinian Authority.

Mind you, the new highway is built in an agreed upon safeguarded reserve area, where roads and buildings are not allowed to be constructed per the Oslo Accords.

According to the Gush Etzion Regional Council, the road is another part of the ongoing effort to damage the contiguous Jewish territory in Gush Etzion. It provides access to new, illegal Arab neighborhoods in the Gush Etzion area, facilitating faster development.

Back in 2009, Salam Fayyad, then prime minister of the Palestinian Authority and its finance minister, issued the “Fayyad Plan,” aimed at creating facts on the ground, especially in Area C, with major international support, to transform international recognition of a de facto Palestinian state into a de jure state should Israel fail to deliver on its Oslo promises. Over the past 13 years, with increasing speed, the PA has been pursuing Fayyad’s policy, often with the tacit approval of the IDF civil administration and most defense ministers in Netanyahu’s and Lapid’s governments.

The Gush Etzion Regional Council says the paved road was built on preserved territories which the Palestinian Authority undertook in the Oslo Accords not to build homes or roads. Naturally, they had no intention of keeping their commitment, and Area C, especially near the robust Gush Etzion Jewish community, is flooded with illegally built PA homes and roads.

Palestinian Muslims are violating the Oslo Accords paving a road with foreign funding that cuts off the heart of the Judean desert from the Jewish continuum. There is no justification for this act of colonialism and land grab. pic.twitter.com/B2ZnIUUTOM

— Brooke Goldstein (@GoldsteinBrooke) December 29, 2022

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11/17 Links Pt1: Melanie Phillips: It’s time for Israel to untie the American apron strings; Netanyahu: Israel-Saudi Normalization Could End Israeli-Palestinian Conflict

From Ian:

Alan Baker: Palestinian leadership venturing into international legal field

In addition to their regular, annual shopping list of false and flawed political allegations directed to the court against Israel, the Palestinians are now requesting that the court, by means of a resolution that they initiated in the UN General Assembly’s Special Political and Decolonization Committee to weigh the legal consequences of prolonged annexation of what they claim to be Palestinian territory.

This is despite the fact that there has never been any internationally accepted legal determination that there exists Palestinian territory, as such. Similarly, this question remains an agreed negotiating issue by the Palestinians themselves, pursuant to the internationally endorsed Israeli-Palestinian Oslo Accords (1993-95).

In addition, the Palestinian leadership is also asking the Court to examine Israel’s alleged crime of altering the demographic composition, character and status of the Holy City of Jerusalem, claiming the city to be solely Palestinian.

But more curiously, in this request to the world court, they are attempting to invent what they believe to be a new, curious international status of prolonged occupation. They are asking the court to determine the extent to which such a non-existent status of prolonged occupation has legal consequences for states and the UN.

In fact, no such status is recognized by international law.

Even the International Committee of the Red Cross (ICRC), which is universally acknowledged to be the ultimate arbiter of what constitutes international humanitarian law, has never determined a time limit for the occupation of territory.

Netanyahu: Israel-Saudi Normalization Could End Israeli-Palestinian Conflict

Israel and Saudi Arabia reaching a formal peace agreement would “effectively end the Israeli-Palestinian conflict,” former Prime Minister Benjamin Netanyahu predicted in a new interview with “Call Me Back” podcast host Dan Senor.

“Understand that the Abraham Accords, the peace treaties that Israel had with four Arab states: the United Arab Emirates, Bahrain, Sudan and Morocco — that didn’t happen without Saudi approval, because at least some of these countries like to know what their big neighbor, Saudi Arabia, is thinking about [the agreements],” Netanyahu, who is likely to head Israel’s next government following elections earlier this month, said. “And I assure you, [Riyadh] wasn’t negative about it.”

Normalization with Saudi Arabia would “open up all sorts of possibilities,” Netanyahu told Senor, the co-author of Start-Up Nation: The Story of Israel’s Economic Miracle. The current opposition leader cited the physical results of such an agreement — ”connecting the Saudi rail system” — as well as the business perks — giving Saudis “direct accessibility to Israeli innovation and technology” — as benefits of a negotiated agreement between Jerusalem and Riyadh.

Netanyahu also addressed his previous government’s coordination with Russia in Syria, where Russian forces are on the ground — and where Israeli military units have often targeted Iranian and Syrian facilities and weapons transfers.

David Singer: MBS & King Abdullah keep Hashemite Kingdom of Palestine alive

The HKoP solution also offered the Arab populations of Gaza, the 'West Bank' and Palestinian Arab refugees in other locations:
· “a legal identity—a globally respected citizenship that allows a person to operate in the modern world. Labor in this day and age is mobile and having citizenship in a country that facilitates such mobility is critical to human development.”
· “Palestinians in Arab countries like Lebanon can then become citizens of this enlarged kingdom while also getting full residency rights in Lebanon, equivalent to what an EU citizen has in the European Union outside his or her home country. This would allow the Palestinians to gain full civil rights as legal foreign residents without impacting the local political or sectarian balance in these countries. The GCC, the EU, the US, Canada, and others can also help support this solution by granting this Jordanian–Palestinian passport easier access to their labor markets.”


The Saudi proposal’s author - Ali Shihabi – is a confidant of MBS and a member of the Advisory Board appointed by MBS to report to him on the building of a new US$500 billion mega city – Neom - in northern Saudi Arabia bordering Israel.

Shihabi had lamented on the absence of a response from any Israeli politician to his plan on 14 August.

This lack of Israeli interest was ongoing when the 21 September meeting agreed:
“to work with regional and international partners to shed light on the tragic situation of the Palestinians in light of the deadlock in the peace process and the absence of any glimmer of hopeand to urge them to take practical steps to support the resumption of dialogue on the basis of the Arab Peace Initiative, United Nations resolutions and relevant peace references, in addition to reviving the diplomatic track to overcome the despair and lack of a vision toward achieving the legitimate rights of the Palestinian people and establishing their state with Jerusalem as its capital.”

MBS was not at this meeting but was subsequently appointed Saudi Arabia’s Prime Minister on 27 September.

MBS, King Abdullah, PLO Leader Mahmoud Abbas and Hamas Leader Ismail Haniyeh have not rejected the HKoP solution.

MBS and King Abdullah’s non-participation at Algiers offers the glimmer of hope that the Hashemite Kingdom of Palestine can soon become a conflict-ending reality.

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