THE WALL*, OBLIGATIONS ERGA OMNES AND HUMAN RIGHTS: THE CASE FOR WITHDRAWING THE EUROPEAN COMMUNITY'S TERMS OF PREFERENTIAL TRADE WITH ISRAEL**

Abstract

In this paper, the author argues that the European Community's Association Agreement with Israel is not compatible with public international law and European Community law. This is especially so as regards Article 2 of that agreement which stipulates that the EC-Israel relationship is conditional upon respect for human rights, democracy and the rule of law. He argues that in the light of the ICJ's 9 July 2004 Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, particularly regarding its findings as to Israel's breaches of obligations erga omnes; there is a case to be made that those parts of the agreement that grant Israel preferential trade should be withdrawn. This is because Israel has been found to be in breach of its humanitarian and human-rights obligations under customary international law, which according to the jurisprudence of the European Court of Justice, is binding upon the European Community. That Israel is in material breach of the association agreement is therefore beyond doubt. Israel should not, therefore, benefit from its unlawful act through having preferential access to the common market. Under European Community law, access to the common market is conditional. It is a privilege and not a right. Israel should therefore not benefit from its illegal act. As long as Israel remains in breach of customary norms of international law, as set out in the Advisory Opinion, the international responsibility of the European Community will remain.