The European Court of Justice (ECJ) ruled on Nov. 12 that products emanating from Israeli settlements in the West Bank must be labeled as originating from Israeli-occupied territory, the Times of Israel reports.
The ruling is regarding a case that started in 2018 involving the French government attempting to force wine imported from Psagot Winery, which is located in the West Bank, as being from occupied territory. The ECJ ruling states that European Union (EU) regulations require all products to be labeled from their country of origin and the EU doesn’t consider Israeli settlements in the West Bank to be part of Israel. Additionally, the ruling stated that products can’t be simply labeled as originating from the West Bank because the consumer might think it came from a Palestinian.
Therefore, the ECJ concluded, “Foodstuffs originating in a territory occupied by the State of Israel must bear not only the indication of that territory but also, where those foodstuffs come from a locality or a group of localities constituting an Israeli settlement within that territory, the indication of that provenance.”
Lawfare Project Executive Director Brooke Goldstein, whose organization representation represented Psagot, said in a statement, “The decision to codify religious discrimination into law is embarrassing for Europe. There is no legitimate reason for products produced by Muslims and Jews in the same geographic place to be labeled differently. In fact, treating people differently because of their religion is the definition of bigotry and we know what happens when Europe goes down that track. Muslims living under Palestinian Authority rule are as much ‘settlers’ as are Jews—they are both legally allowed to settle under the same treaty, the Oslo Accords.”
George Mason University Law Professor Eugene Kontorovich argued in a Twitter thread that the “EU does not [require] ‘Made in Moroccan Settlements’ labels, or any other such labels anywhere in the world.” In other words, the ECJ ruling is concocting “a ‘rule’ for Israel, and remembering everywhere else that the ‘rule’ has a silent footnote,” Kontorovich wrote.
2) The most glaring aspect of EU's decision is that is says consumers have right to know if a product made in occupied territories or where serious int'l law problems exist. But EU does not req "Made in Moroccan Settlements" labels, or any other such labels anywhere in the world
— Eugene Kontorovich (@EVKontorovich) November 12, 2019
3) Nor are the poised to introduce such requirements, because everyone knows this is not abut what law requires, but what the Jewish State deserves. So don't hold your breath for "Made in Tibet," Made in Occupied Donbass, Russian Settlements Crimea, or other labels
— Eugene Kontorovich (@EVKontorovich) November 12, 2019
4 But this is not a double standard, ie mere failure to apply and enforce rules. It is worse: making up a "rule" for Israel, and remembering everywhere else that the "rule" has a silent footnote.
— Eugene Kontorovich (@EVKontorovich) November 12, 2019
5. The Court's conclusion that Israeli settlements violate the Geneva Convention will be much touted by Israel's critics. But look at the opinion: this massive claim is accompanied by ZERO analysis, merely citations to non-binding and non-legal statements from UN orgs.
— Eugene Kontorovich (@EVKontorovich) November 12, 2019
6. That is legal boot-strapping at its worse: the Court strings a bunch of precedential zeros together and says its adds up to one.
— Eugene Kontorovich (@EVKontorovich) November 12, 2019
7. This is not about Palestinian rights or a two-state solution. Court makes clear the ruling applies in full to "Syria," ie Golan Heights, handing a huge win to Assad. It is not pro-Pal, it is anti-Israel. Of course products from Turkish-occupied Syria will not be thus labelled
— Eugene Kontorovich (@EVKontorovich) November 12, 2019
Former Democratic New York Assemblyman Dov Hikind, who heads the Americans Against Antisemitism watchdog, similarly tweeted in response to the ECJ’s ruling, “Now do Turkey (occupies northern Cyprus/Syria), Russia (Crimea, Donetsk), Morocco (Sahara), China (Tibet), India/Pakistan (Kashmir)! Oh wait, they aren’t Jewish!”
Now do Turkey (occupies northern Cyprus/Syria), Russia (Crimea, Donetsk), Morocco (Sahara), China (Tibet), India/Pakistan (Kashmir)!
Oh wait, they aren’t Jewish!
Nevermind. Just focus on the Jews!
🤬🤬🤬🤬🤬 https://t.co/0BM4JEkQyL
— Dov Hikind (@HikindDov) November 12, 2019
The Simon Wiesenthal Center tweeted, “EU’s hubris and extreme anti-Israel bias can only be stopped if Congress confirms it violated US law #BDS.”
EU’s hubris and extreme anti-Israel bias can only be stopped if Congress confirms it violated US law #BDS https://t.co/jhjxN7teAK
— SimonWiesenthalCntr (@simonwiesenthal) November 12, 2019
Jerusalem Post Editor-In-Chief Yaakov Katz tweeted, “As Israelis are holed up in bomb shelters across the country, Europe reminds us how it consistently stands on the wrong side of history.”
European Court decides all products made by Israelis over the Green Line require labeling.
This is great timing. As Israelis are holed up in bomb shelters across the country, Europe reminds us how it consistently stands on the wrong side of history. https://t.co/2U3ZKIHJN8
— Yaakov Katz (@yaakovkatz) November 12, 2019
Palestinian Liberation Organization spokesman Saeb Erekat praised the ruling in a statement.
“Our demand is not only for the correct labeling reflecting the certificate of origin of products coming from illegal colonial-settlements, but for the banning of those products from international markets,” Erekat said.
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