The European Union is citing diplomatic immunity as it continues to fund illegal activity by the Palestinian Authority while claiming its actions are protected by diplomatic immunity. For years, the EU has been involved in illegal construction in Area C, the most well-known example being the Bedouin outpost of Khan al-Ahmar.
EU funds have been invested in a hostile agricultural takeover project being led by Ramallah that has seen the PA taken over state land located in the heart of Gush Etzion through the use of fencing and the planting of thousands of trees. As the EU emblem was displayed on the sign announcing the financing of the illegal activities, Israeli activist watchdog group Regavim listed the body as a respondent to a petition it filed to the High Court of Justice over the lack of government enforcement in the area.
Follow Israel Hayom on Facebook and Twitter
In its response to the petition, the state noted that the EU had recently dispatched a letter to the Foreign Ministry claiming that it's being added as a respondent contravenes the EU's immunity in Israel, in accordance with the agreement between a 1980 agreement between the State of Israel and the European Commission that holds that "the commission's representatives will enjoy the rights and immunities granted in accordance with the Vienna Convention on Diplomatic Relations" and that the petition, therefore, contravenes the EU's immunity from jurisdiction and as a result, cannot be invoked.
It should be noted that the EU is a witness signatory to the 1993 Oslo Accords, which explicitly state that the State of Israel has full administrative responsibility and authority over Area C. In addition, the EU's foreign policy principles dictate that its "work in the international arena will be guided by the principles that inspired its creation … democracy, the rule of law, and respect for the principles of international law."
Attorney Avi Segal of Regavim emphasized that "Article 41 of the Vienna Convention determines that 'it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving state. They also have a duty not to interfere in the internal affairs of that state.'
According to Segal, "Even in the absence of the Oslo Accords, according to the Hague Convention of 1907, the State of Israel as the owner/occupier has the exclusive authority to issue construction permits, and the EU must not take part in illegal construction activity at any rate." He said the Foreign Ministry "must put an end to this activity, whether through diplomatic or legal channels."
Gush Etzion Regional Council head Shlomo Ne'eman said, "The blatant interference of foreign elements, among them the European Union, in the State of Israel's sovereignty and laws is quite simply an embarrassment and a disgrace.
"Those same countries that belong to this organization [behind the illegal construction] knew not to intervene in crimes against humanity when it suited them, and today they are just trampling on our rights over our one country on a pretext taken out of a science fiction book.
"The time has come to put an end to this," Ne'eman said. "The answer to all these problems is the application of sovereignty in Gush Etzion and all the regions of Judea and Samaria."
