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.In particular, Article 2 of the EU-Israel Association Agreement stated that Relations betweenthe Parties, as well as the provisions of the Agreement itself,shall be based [on] respect for human rights and democraticprinciples.The ICJ found that the wall violated both interna-tional humanitarian law and the major international humanrights treaties, and called on all states not to recognise theillegal situation resulting from the construction of the wall.Given that Israel was in violation of an essential element ofits own signed commitments under the Association Agree-ment, was the European Union not bound both by its owncontractual undertakings and its declared adherence to inter-national law to invoke punitive measures, such as suspensionor part suspension of the Agreement, as had been proposed bythe UN Special Rapporteur on the Right to Food?[ 178 ] 0_7453_2434_7_05_cha04.qxd 30/11/2005 15:08 Page 179THE WALL AND THE INTERNATIONAL COMMUNITYInstead of confronting Israel, the European Union resortedto its old policy of trying to exert pressure through quiet diplo-macy.During a debate on the wall in the European Parliament,a Green Party MEP demanded in exasperation: Those peoplewho say that instead we should be relying on European pressureon Israel should tell me when European pressure alone on Israelhas ever yielded any results it has not. 75 For all that, the carrotrather than the stick was employed, with Israel becoming moreintegrated into EU networks during 2004, and concluding a newagreement on scientific and technological cooperation in Aprilthat year.Disengagement became another excuse to avoid confrontingIsrael over its continuing wall construction and settlement expan-sion, actions that were in clear violation of the European Union sown stated objectives for resolving the conflict.Even as itbecame evident that withdrawal from Gaza was a manoeuvre toconsolidate Israel s hold over the inseparable parts of the WestBank and East Jerusalem, there was no substantive reaction fromthe European Union.Settlement construction and wall expansionevoked only the standard protests, including the futile assertionthat no party should take unilateral steps that could prejudge theresults of the final negotiations.76 The European Unionappeared content to leave international political leverage onIsrael to the United States, resorting to its normal, passive payernot player role, even as the paying increased due to the increasedhumanitarian costs of the wall.77A year after the ICJ advisory opinion, Justice MinisterLapid need not have worried about Israel becoming the newSouth Africa and facing an international campaign of boycottsand sanctions.The only demand for such measures was comingfrom the Non-Aligned Movement and from church groups andnon-state actors.Far from becoming an international outlawIsrael enjoyed greater participation in international bodies such[ 179 ] 0_7453_2434_7_05_cha04.qxd 30/11/2005 15:08 Page 180THE WEST BANK WALLas the United Nations than at any time since the beginning ofthe second intifada.If the international community had largelyfailed the Palestinians with regard to the wall and the imple-mentation of the ICJ advisory opinion, what scope was there fornon-state actors?NOTES1.Robin Cook, Bush will now celebrate by putting Falluja to the torch ,The Guardian, 5 November 2004.2.Aluf Benn, Analysis: up against the fence , Ha aretz, 30 June 2003.3.Ibid.4.White House Press Release, President Bush welcomes Prime MinisterAbbas to White House.(accessed on 18 October 2005).5.White House Press Release, President discusses Middle East peace withPrime Minister Sharon.(accessed on 18 October 2005).6.UN Secretary-General, Secretary-General disturbed by Israel s deci-sions on separation wall, new settlements , SG/SM/8913, 2 October2003. EU: Israel must stop building fence beyond Green Line border ,Reuters, 9 October 2004.7.By his own recollection, Dubi (Weisglass) had monthly meetings with Condy during his tenure as Sharon s bureau chief and was often in dailytelephone contact.Ari Shavit, The big freeze , Ha aretz, 8 October2004.8. Powell: US has no plans to penalize Israel for fence route , Reuters, 9April 2004.9
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