Posted on 08/10/2019 9:38:51 AM PDT by MarvinStinson
Legal decision reminiscent of Holocaust-era boycotts of Jews
The European Union is poised to mandate that Israeli products made in contested territories carry consumer warning labels, a decision that could trigger American anti-boycott laws and open up what legal experts describe as a "Pandora's box" of litigation, according to multiple sources involved in the legal dispute who spoke to the Washington Free Beacon.
The Advocate General of the European Court of Justice recently issued non-binding opinion arguing that EU law requires Israeli-made products to be labeled as coming from "settlements" and "Israeli colonies."
The decision was seen as a major win for supporters of the anti-Semitic Boycott, Divestment, and Sanctions movement, or BDS, which seeks to wage economic warfare on Israel and its citizens. Pro-Israel activists, as well as the Jewish businesses involved in the legal dispute, see the decision as an ominous warning sign that they say is reminiscent of Holocaust-era boycotts of Jewish businesses.
With the EU court's 15 judge panel now poised to issue its own binding judgment in the case, legal experts are warning that a potential decision mandating such labeling could pave the way for goods from any disputed territory to receive such treatment. The decision also could trigger U.S. anti-boycott laws meant to stop Israeli-made goods from being singled out for unfair treatment on the international market.
Brooke Goldstein, a human rights lawyer and executive director of the Lawfare Project, which is involved in the legal dispute, described the EU court's initial decision as "frankly outrageous."
"The Advocate General's opinion said that goods produced by Muslims are to be labeled from Palestine,' and goods produced by Jews labeled as coming from Israeli colonies,' Goldstein said. "Both people are living in the same geographic location, and yet Jewish goods are being treated differently."
"Could the discrimination be any clearer?" she asked. "If the EU Court justifies this bigotry it will degrade the rule of law in Europe and it will undoubtedly have many unintended consequences for EU traders. My understanding is that certain consumer protection agencies have already filed complaints to demand the similar labeling of goods from other disputed territories. This labeling fiasco will turn into a nightmare for EU importers of goods from any and all countries involved in territorial disputes. I trust the court will maintain that goods must be labeled indicating the geographical location of origin, and reject the push to politicize labeling."
The legal dispute first began after France passed a law mandating that products made in the West Bank territory of Israel be labeled as coming from an "Israeli colony," a label not applied to any other products across the globe.
The term "Israeli colony" is not legally required to be applied under EU law and was seen as overly burdensome by Israeli business leaders.
Following the French decision, the Israeli Psagot winery filed a lawsuit alleging unlawful discrimination against Jewish companies. That lawsuit eventually made its way to Europe's highest court, the European Court of Justice.
That court now appears poised to affirm the advocate general's opinion mandating that Israeli goods be labeled in a fashion that opponents say is unfair and anti-Semitic in nature.
"I am not a psychologist, so I can't tell you what the motives are behind Europe's targeting of Jewish-owned businesses. Perhaps it is anti-Semitism rearing its ugly head again, perhaps it is blind ignorance, or even a desire to do the right thing," Yaakov Berg, CEO of the Psagot winery, told the Free Beacon. "Regardless, the application of the current EU trade directive to label goods from Jewish producers, and only Jewish producers in the West Bank is discriminatory and illegal."
Berg maintains that Jewish businesses should not be penalized for policies enacted by the Israeli government that European leaders object to.
"We are not the Israeli government," he said. "Psagot winery is not responsible for Israeli government policy. But because we are Jewish owners of a winery in a beautiful and hotly contested land, we are being targeted and punished. And we are being punished precisely because we are Jews living in Judea where we have every right to be, as do the Palestinian Arabs and Druze and the Christians."
"No one should be discriminated against because of their religion," Berg said. "If you support a Palestinian state, would you support a Judenrein state of Palestine? That seems to be what the EU is proposing when it says Jewish businesses are illegal in Palestine but Muslim businesses are not, in the same location! Such a de facto boycott of Jewish products, the likes of which we have not seen since Nazi Germany, would definitely run afoul of U.S. law."
Yohan Benizri, a lawyer representing Psagot, warned that a decision affirming the labels for Jewish-made goods could open the door to other types of overly onerous labeling.
"One doesn't need legal training to recognize the unintended consequences of the EU adopting a policy of politicized labeling," Benizri said. "If the EU Court rules that geographic location is not enough, and that EU law mandates every product coming from either a disputed territory' or a country with objectionable social policies' be labeled as such, then EU markets will be thrown into chaos."
"Can you imagine a situation where plastic cups imported from China must be labeled this country has a one-child policy,' or gas from Russia must be labeled, This is gas from a country that illegally occupies Crimea,' or products from the United States require the labeling the U.S. engages in capital punishment and is building an illegal border wall?' Product labels will have become political billboards depending on the whims of EU politicians, and every EU importer will shoulder a liability for not complying with arbitrary labeling laws."
A State Department spokesman told the Free Beacon that the Trump administration has been clear in its objection to the BDS movement and efforts to single out the Jewish state.
"The State Department is aware of this particular issue," the official said. "The administration's position strongly opposing all efforts to boycott, delegitimize, or isolate Israel is well-known."
It’s called “gradualism”, and this is just another small step, but it is another step, after decades now of increasing European antisemitism.
https://en.wikipedia.org/wiki/Nazi_boycott_of_Jewish_businesses
This is how it happened during the Nazi regime as well. Look under “Earlier Boycotts” to see how slowly and methodically it happened.
In the current day, here is a timeline of international BDS actions:
https://www.tiki-toki.com/timeline/entry/28282/BDS-Movement/
And finally, a good article by National Review:
“Why Progressive Anti-Semitism and Why Now?”
https://www.nationalreview.com/2019/05/progressive-anti-semitism-multicultural-left-new-york-times/
Here is a timeline of international BDS actions:
https://www.tiki-toki.com/timeline/entry/28282/BDS-Movement/
Marvin do you think anyone who disagrees with you is an antisemite?
Is that it..Ive seen you play the card frequently
This article infers Europe is about to label ALL JEWISH GOODS....period.
Now when one looks at the article one can see very quickly its about goods from the West Bank
Which although lamentable is a helluva lot different than ALL JEWISH GOODS
which I found very alarming that Europe would attempt to do this to all Jewish owned or made products
No more movies hardly except Bollywood and what about Lafite Rothschild....perish that thought for real wine lovers
Now I find that a very misleading headline meant to provoke
My assertion bothers the beejezuss out of you....like you wrote the headline yourself....
This then leads to my lauding Israel in several paragraphs
Which leads to you insinuating Im an anti Semite
Despite zero evidence and plenty to the contrary
Including probably unlike you I spent enough time in Israel working with Israeli partners and girlfriends and a great experience I have more authority to comment than probably 95% of posters here
Further Im a Deep South southerner and a Non pious traditionalist Christian righty which means my tribe supports Israel through its voting habits for the right leaning party about 85-92% of the time and our churches give to Israel charities like IDF vets etc ....in fact my wife and I have given to FIDF
Some do out of religious kinship and some do it out of cultural affinity and a few like me for personal reasons mainly because of the cultural and I have pals there still
No other demographic here including American Jews or Catholics does that to the degree we do and Israelis appreciate it
Netanyahu is on record expressing affection for southern evangelicals that stand with Israel almost in total
So Marvin take your Hitler card or anti Semite card and shove it up your butt so your eyes can read it and maybe youll learn when its appropriate and when its not
Have a nice Sunday
Im going to the pool with my rib and two of my five pickneys
Is that it..Ive seen you play the card frequently
Let it all hang out, warddady. Standard filth from the walking army of those abnormally fixated on Israel.
You wrote:
So Marvin take your Hitler card or anti Semite card and shove it up your butt so your eyes can read it and maybe youll learn when its appropriate and when its not.
If I wrote the same filth to you, the 'adminstrators' would quickly ban me.
You are FIXATED on Israel. You posting shows that.
If you don't want anybody to answer your crap, start your own site, or get the FR adminstrators to ban anyone who doesn't grovel for your fixation.
If the shoe fits, wear it.
In the 1930s, Hollywood kissed Hitler’s ass, so they wouldn’t lose access to the German market.
Who condemns Turkey because they continue to occupy Northern Cyprus?
Bueller......Bueller.......
Are the labels going to be in the shape of yellow stars of David?
What?
You’re the one doing the wailing, warduddy.
In the 1930s, Hollywood kissed Hitlers ass, so they wouldnt lose access to the German market.
That said, the headline in inflammatory, there's no anticipated ban on Jewish made products. Hate to defend western Europe, a region where one can't safely wear a kippah.
I don’t know that it is misleading. Their point is that 2 items from the same geographic location will have different labels depending on who produced it. If a Jew made it, it will say “made in Israeli colonies” but if a Muslim made it it will say “made in Palestine”. Seems to be accurate.
Who's misleading and silly? Here's a map of the West Bank:
The the UN and the EU may call all those scattered tiny patches "a single territorial unit" - but honest people can see through that fraud. Those patches live on the same Israeli electric power, water, sewers and roads as the rest of the West Bank. The distinction is really only religious (Jew vs Non-Jew). And honest people will not ignore the fact that most Palestinians and their leaders actually believe all of Israel since 1949 has been occupied Palestinian land.
Any policy allowed to be used today against Jews in the West Bank will be tried against all Jews in Israel eventually.
If you simply must go ad hominem
Read all my posts on this thread from start to finish
Then respond please
Thanks
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