Question about Israeli Military Orders

WRITTEN QUESTION to the European Commission


SUBJECT: The entry into force of Israeli military orders which make the mass expulsion of residents of the West Bank possible

April 20th 2010

Signed by SARGENTINI Judith, BENARAB-ATTOU Malika, BRANTNER Franziska Katharina, BREPOELS Frieda, HAUTALA Heidi, KIIL-NIELSEN Nicole, LUNACEK Ulrike, FLAUTRE Hélène


On the 13th of April 2010 two Israeli military orders have entered into force. These unpublicized orders provide the Israeli Defence Force the possibility to prosecute and deport residents of the West Bank who are not in the possession of a permit issued by the Israeli government. The substantial elements as well as the procedural aspects of obtaining such a permit remain in limbo (1).

– Is the High-Representative aware of the entry into force of the two aforementioned military orders, which were not publicized among the Palestinian population?

– Is the High-Representative aware of the fact that the content of the required permit and the procedural aspects of obtaining such a permit are not clarified and publicized among the residents in the West Bank?

– Is the High-Representative aware that the ambiguous and vague definition of these orders makes them de facto applicable to anyone in the West Bank? And, a fortiori, that these orders contravene the protection granted inter alia by article 49 of the fourth Geneva Convention to Palestinians in the occupied Palestinian Territories?

– Is the High-Representative aware that the possibility for judicial review by an independent court, in case a person wants to challenge a deportation order, is de iure not possible and that the possibility for review by a specially designated committee is de facto impracticable?

– Is the High-Representative aware that these orders provide the Israeli government the means to empty the West Bank of all its inhabitants, and as such constitute a manifest violation of fundamental human rights and international law?

– Is the High-Representative furthermore aware that the European Union has statutorily committed itself, in its ‘action on the international scene’, to be guided by principles of human rights and international law (2)? And that in this perspective an Association Agreement with a third country, not acting in accordance with these principles by issuing such orders, ipso facto implies an infringement of that same commitment?

– Will the High-Representative render a clear statement, firmly denouncing the existence of such orders, condemning the Israeli government for issuing them and entailing possible consequences for their conduct in this? And if not, could the High-Representative then provide an elucidation on her stance not to make such a statement?