Article 2 of the European Union-Israel trade agreement states that ‘relations between the Parties, as well as all the provisions of the Agreement itself, shall be based on respect for human rights and democratic principles, which guides their internal and international policy and constitutes an essential element of this Agreement’.
Article 1(2) of the Association Agreement defines its objectives, and is silent on the issue of human rights. However, Article 31 of the Vienna Convention on International Treaties stipulates that agreements should be interpreted in good faith and highlights that the binding text includes the preamble. The International Court of Justice has also highlighted in its jurisprudence that treaty interpretation must be based on assessing the whole agreement.
The binding nature of Article 2 is also reinforced by the European Court of Justice’s decision in Portuguese Republic v Council (Case C‑268/94).
Thus, Article 2 of the Agreement imposes binding obligations on the Parties to observe human rights. It therefore follows that, if Israel violates international human rights law, the European Union would be failing its legal obligations under the international agreement.
1. Does the Commission agree with this assessment of Article 2 of the EU‑Israel trade agreement?
2. In addition, could the Commission provide its own assessment of the impact of Article 2?