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December 17, 2014 11:10 am

For 20 Years, the EU Has Not Been Able to Figure Out Hamas is Terrorist

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The EU flag. Photo: Wikimedia Commons.

Here is the legal reasoning behind today’s decision by the European Union General Court to de-list Hamas as a terror organization:

On 27th December 2001 the Council of the European Union adopted a common position and a regulation to combat terrorism. These measures require the freezing of the funds of those people  and entities included on a list adopted and regularly updated by Council decisions. The same day the Council adopted its first decision establishing that list. By this decision the Council included  Hamas on the list and has maintained them on that list ever since.

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Hamas contests the measures maintaining them on this list.

In today’s judgment, the General Court finds that the contested measures are based not on acts examined and confirmed in decisions of competent authorities but on factual imputations derived  from the press and the internet.

However, the Common Position and the case-law of the Court4 requires that an EU decision to freeze funds is based not on factual elements that the Council may have derived from the press or  the internet, but on elements which have been concretely examined and confirmed in decisions of national competent authorities within the meaning of the Common Position.

Therefore the Court annuls the contested measures while temporarily maintaining the effects of those measures in order to ensure the effectiveness of any possible future freezing of funds. The effects of the measures are maintained for a period of three months, or, if an appeal is brought before the Court of Justice, until this appeal is closed.

The Court stresses that those annulments, on fundamental procedural grounds, do not imply any substantive assessment of the question of the classification of Hamas as a terrorist group within the meaning of the Common Position.

The European Union General Court is saying that it has never independently confirmed that Hamas is a terrorist organization, and that it relied on external sources in making that determination against its own policies.

That’s fine, any organization must follow its written policies.

But this means that ever since the EU was founded in 1993, despite spending tens of thousands of man-hours and untold millions of euros on Middle East topics and on the ground in Israel and the territories, no effort has been made to document Arab terrorism.

Think about it. The EU wants to be a part of the peace process – it is part of the Quartet – and it has given lots of money to anti-Israel NGOs. It has no problem criticizing Israeli actions and parsing the statements of Israeli ministers to find evidence of anything offensive.

Yet in all that time, no EU official has felt it was important to research and report on Arab terrorism! Not one bothered to visit the site of suicide bombings and read official Hamas statements taking credit for them. Not one bothered to follow up on Hamas incitement, on Hamas antisemitism, or on Hamas’ public statements declaring all of Israel “occupied” and all Israelis to be targets for attack.

Not one.

Apparently, the entire EU presence in the Middle East is meant to document Israeli building in the territories and to ferret out “price tag” attacks. Thousands of pages are written about whether Israeli products that are manufactured on one side of the Green Line but packaged on the other side are considered contraband in Europe. But not one official report has been written that says that Hamas took credit for a terror attack.

There is a huge blind spot in the most studied place on the planet, and yet in 21 years the EU has not been able to write up a single report on Palestinian terrorism.

Is there any more evidence needed of EU bias against Israel than this?

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  • Every nation under the sun is against Israel. I am FOR ISRAEL and wouldn’t like to be in the shoes of those against her Holy Nation, beloved of Our Most Holy Creator. Remember that He who created the universe has said: “Vengeance is mine!”

  • Efram

    They have not investigated, and they do not want to know, because it is a 100% Jew hating organization. This is Europe. Home of the Holocaust. Home of pogroms, national evictions of Jews, the Inquisition, the Crusades, all of them. Europe has never stopped hating Jews, they have just been more subdued since 6 million Jews were murdered, with the complicity of many European countries. They see that time has faded, and terrorists can deflect the press from the Jew hating goal, and now feel free to openly hate Jews again.

    Very little changed in Europe after 1945, at least with regard to Jew hatred. Countries have been, from the start, extremely reluctant to pursue Nazi war criminals, and, in many cases, did all they could to protect these criminals. They had to do it quietly, given the outrage over the genocide, but that did not change the minds of Europeans. Now they have given themselves permission to again come out in the open. In many European nations the traditional far right Jew hatred is back in vogue. Plus, the left wing Jew hatred has never been stronger, based on 2000 years of Jew hatred. So, the EU is merely acting as the voice of Europe. Is it any wonder their agenda is strictly the condemnation of the Jewish state, while completely ignoring those who want to resume what Hitler started? I am not surprised, but I am disgusted. Europe is the cradle of civilization? Europe is the cradle of barbarism, and home to neanderthals.

  • steven L

    As a consequence of this Hamas is being given a new source of lies to produce.
    The EU should have got all their new info FIRST and then replace the old decision with the new decision based on preexisting overwhelming evidences.
    The EU court looks like a bunch of Ass….! Unless, unless antisemitism is so strong that they decided to act that way to spite Israel.

  • Marta Mikey Frid

    Hamas’ terrorism and EU’s support of it is one and the same.
    Hamas is only the armed organization of the EU’s historical ideology to protect its economic interests in the Middle East. No better than the British royalty to know this.

  • Milhouse

    No effort was made to build a case for the listing, becuase nobody realized it was necessary. Now that the court has told them it is necessary, it will not be difficult ot compile a list of evidence, and relist them. Note that the EU does not have to go back to the court to relist Hamas. Nor does it have to publish the evidence. It just has to announce that it has examined the evidence and determined that Hamas is a terrorist organization.

  • Tom Tuey

    There isn’t any logical reason for the treatment of
    Israel by it seems the majority of the world. All
    of the harsh words, baseless claims of ill
    treatment of the Palestinians, colonialism,
    rattle, rattle…like a marble inside a tin can…
    lots of noise…no substance..but harmful none
    the less…one day and I hope not long…..things
    will be different……

  • Why? Maybe the deep “historical” reason is that many christians (not all), like many muslims (not all), can’t swallow the idea that their religion is an extension of the religion of the jews. They can’t accept the jewish refusal to follow their extensions. Then the technic is the same as for the illegality of cannabis: lies and lies and lies… Except that the lies on the jews last since much more time than on cannabis. Maybe we should invest in education and teach a bit more of logic, so as to prevent as much as possible the people to fall in the trap of the demagogs, in all domain. In the present case, it seems pretty obvious to me that Europa is either blind-stupid or accomplice of terrorism.

    • Mandrake

      Amen!

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