1. Meeting in Barcelona from 1 to 3 March 2010, the Russell Tribunal on Palestine (hereinafter "the RTP"), composed of the following members:

· Mairead Corrigan Maguire, Nobel Peace laureate 1976, NorthernIreland

· Gisèle Halimi, lawyer, former Ambassador to UNESCO, France

· Ronald Kasrils writer and activist, South Africa

· Michael Mansfield, barrister, President of the Haldane Society of Socialist Lawyers, United Kingdom

· José Antonio Martin Pallin, emeritus judge, Chamber II, Supreme Court, Spain

· Cynthia McKinney, former member of the US Congress and 2008 presidential candidate, Green Party, USA

· Alberto San Juan, actor, Spain

· Aminata Traoré, author and former Minister of Culture of Mali

adopted these conclusions, which cover the following points:

- Establishment of the Tribunal (I.)

- Mandate of the RTP (II.)

- Procedure (III.)

- Admissibility (IV.)

- Merits (V.)

- Continuation of the proceedings (VI.)

I. Establishment of the Tribunal

2. The RTP is an international citizen-based Tribunal of conscience created in response to the demands of civil society. With the passage of time in recent years, especially since the failure to implement the Advisory Opinion of 9 July 2004 of the International Court of Justice concerning the construction of a wall in the Occupied Palestinian Territory and the adoption by the United Nations General Assembly of resolution ES-10/15 on 20 July 2004 concerning the application of the Opinion, and in response to the major escalation that followed the attack on Gaza (December 2008 – January 2009), committees have been created in different countries to promote and sustain a citizen’s initiative in support of the rights of the Palestinian people.

3. The RTP is imbued with the same spirit and espouses the same rigorous rules as those inherited from the Tribunal on Vietnam created by the eminent scholar and philosopher Bertrand Russell on Vietnam (1966- 1967) and the Russell Tribunal II on Latin America (1974-1976) organized by the Lelio Basso International Foundation for the right and liberation of peoples.

4. Its members include Nobel Prize laureates, a former United Nations Secretary-General, a former United Nations Under-Secretary-General, two former heads of state, other persons who held high political office and many representatives of civil society, writers, journalists, poets, actors, film directors, scientists, professors, lawyers and judges.

5. Public international law constitutes the legal frame of reference for the RTP.

6. The RTP proceedings will comprise a number of sessions. The Tribunal held its first session on 1, 2 and 3 March in Barcelona. It was hosted and supported by the Barcelona National Support Committee and the Office of the Mayor of Barcelona, under the honorary presidency of Stéphane Hessel.

II. The mandate of the RTP

7. The RTP takes it as an established fact that some aspects of Israel’s behaviour have already been characterized as violations of international law by a number of international bodies, including the Security Council, the General Assembly and the ICJ (infra § 17). The question referred to the first session of the RTP by the Organising Committee is whether the relations of the EU and its member states with Israel are wrongful acts within the meaning of international law and, if so, what the practical implications are and what means may be used to remedy them.

8. At this session, the RTP will focus on the following six questions:

- the principle of respect for the right of the Palestinian people to selfdetermination;

- the settlements and the plundering of natural resources;

- the annexation of East Jerusalem;

- the blockade of Gaza and operation "Cast Lead";

- the construction of the Wall in the Occupied Palestinian Territory;

- the European Union/Israel Association Agreement.

III. Procedure

9. The Organising Committee submitted the aforementioned questions experts who had been selected on the basis of their familiarity with the facts of the situation. With a view to respecting the adversarial principle, the questions were also submitted to the EU and its member states so that they could express their opinion. The experts submitted written reports to the Tribunal.

10. In the case of the EU, the President of the Commission, Mr. Barroso, wrote a letter to the RTP which arrived during the first session of the Tribunal. President Barroso referred to the conclusions adopted by the Council of Ministers of Foreign affairs on 8 December 2009 (annex A).

11. Only one of the member states of the EU responded to the Tribunal’s request. In a letter dated 15 February 2010, Germany drew attention, like Barroso (see above), to the Council conclusions of December 2009 (annex B).

12. While the RTP takes note of these letters, it regrets that the other member countries of the EU and the EU itself have proved reticent in presenting their arguments concerning the issues that are being addressed at this first session and that the RTP was unable to benefit from the assistance that their arguments and supporting evidence might have provided.

13. The written stage of the proceedings was followed by an oral stage during which statements by the nine experts introduced by the Organising Committee were heard by the members of the Tribunal. The following experts were heard:

Madjid Benchikh (Algeria) - Professor of Public International Law at theUniversity of Cergy Pontoise and former dean at the Law Faculty of Algiers

Agnes Bertrand (Belgium) - researcher and Middle East specialist with APRODEV David Bondia (Spain) - Professor of Public International Law and International Relations at the University of Barcelona

François Dubuisson (Belgium) - Law Professor at the Free University of Brussels

Patrice Bouveret (France) - President of the Armaments Observatory

James Phillips (Ireland) – Lawyer

Michael Sfard (Israel) - Lawyer

Phil Shiner (United Kingdom) -lawyer

Derek Summerfield (United Kingdom) - honorary senior lecturer at London's Institute of Psychiatry

14. Having listened to their reports, the Tribunal heard the following witnesses, who were also designated by the Organising Committee:

Veronique DeKeyser (Belgium) - Member of the European Parliament

Ewa Jasiewicz (United Kingdom) - Journalist and eyewitness of Operation Cast Lead

Ghada Karmi (Palestine) Author and physician

Meir Margalit (Israel) Israeli Committee Against House Demolitions and member of the Jerusalem City Council

Daragh Murray – legal advisor at PCHR in place of Rafi Sourani; the RTP expresses grave concern that the witness invited by it, Raji Sourani, Director of PCHR, was unable to attend due to the fact that as part of the general blockade of Gaza and the closure of the Erez and Rafah border crossings, he has not been allowed by Israel or Egypt to leave Gaza;

Raul Romeva (Spain) -Member of the European Parliament

Clare Short (United Kingdom) -Member of Parliament and former Secretary of State for International Development

Desmond Travers (Ireland) - retired Colonel and member of the UN fact finding mission that produced the Goldstone report

Francis Wurtz (France) - former member of the European Parliament

15. The procedure followed by the RTP is neither that of the ICJ nor that of a domestic or international criminal court but is based on the methodology applicable by any judicial body in terms of the independence and impartiality of its members.

IV. Admissibility

16. In considering the relations of the EU and its member states with Israel, the RTP will rule on a number of alleged violations of international law by Israel. Israel’s absence from the present proceedings is not an impediment to the admissibility of the expert reports on the violations. In passing judgment on violations of international law allegedly committed by a state that is not represented before the Tribunal, the RTP is not breaching the rule of mutual agreement among the parties that is applicable before international judicial bodies responsible for the settlement of disputes between states (see the Monetary Gold and East Timor cases, ICJ Reports, 1954 and 1995). The work of this body is not comparable to that involved in a dispute referred, for instance, to the ICJ:

the facts presented as violations of international law committed by Israel in the Occupied Palestinian Territory have been characterized as such by the United Nations General Assembly and the Security Council and also by a number of reports, such as those of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories. Hence, at this stage the Tribunal will simply draw attention to circumstances that are already widely recognized by the international community.

V. The merits

17. In these conclusions the RTP has used, depending on the context, the terms Palestine, occupied, Palestinian territories, Palestinian territory, Occupied Palestinian Territory and Palestinian people without prejudice to the judgment that will be rendered at the final session.

18. The conclusions of the RTP will deal in turn with:

- violations of international law committed by Israel (A.)

- breaches by the EU and its member states of certain specific rules of international law (B.)

- breaches by the EU and its member states of certain general rules of international law (C.)

- failure by the EU and its member states to take measures against the violations of international law committed by Israel and to identify what remedies may be available (D.)

A. Violations of international law committed by Israel

19. Having taken note of the experts’ reports and having heard the witnesses summoned by the latter, the RTP finds that Israel has committed and continues to commit grave breaches of international law against the Palestinian people. In the view of the RTP, Israel violates international law by the conduct described below:

19.1 by maintaining a form of domination and subjugation over the Palestinians that prevents them from freely determining their political status, Israel violates the right of the Palestinian people to self-determination inasmuch as it is unable to exercise its sovereignty on the territory which belongs to it; this violates the Declaration on the granting of independence to colonial countries and peoples (A/Res. 1514(XV), 14 Dec. 1960) and all UNGA resolutions that have reaffirmed the right of the Palestinian people to self-determination since 1969 (A/Res. 2535 B (XXIV), 10 Dec. 1969, and, inter alia, A/Res. 3236 (XXIX), 22 Nov. 1974, 52/114, 12 Dec. 1997, etc);

19.2 by occupying Palestinian territories since June 1967 and refusing to leave them, Israel violates the Security Council resolutions that demand its withdrawal from the territories concerned (SC/Res. 242, 22 Nov. 1967; 338, 22 Oct. 1973) ;

19.3 by pursuing a policy of systematic discrimination against Palestinians present in Israeli territory or in the occupied territories, Israel commits acts that may be characterized as apartheid; these acts include the following:

- closure of the borders of the Gaza Strip and restrictions on the freedom of movement of its inhabitants;

- prevention of the return of Palestinian refugees to their home or land of origin;

- prohibition on the free use by Palestinians of certain natural resources such as the watercourses within their land;

19.4 given the discriminatory nature of these measures, since they are based, inter alia, on the nationality of the persons to whom they are applied, the RTP finds that they present features comparable to apartheid, even though they do not emanate from an identical political regime to that prevailing in South Africa prior to 1994; these measures are characterized as criminal acts by the Convention on the Suppression and Punishment of the Crime of Apartheid of 18 July 1976, which is not in fact binding on Israel, though this does not exonerate Israel in that regard;

19.5 by annexing Jerusalem in July 1980 and maintaining the annexation, Israel violates the prohibition of the acquisition of territory by force, as stated by the Security Council (SC/Res. 478, 20 August 1980).

19.6 by constructing a Wall in the West Bank on Palestinian territory that it occupies, Israel denies the Palestinians access to their own land, violates their property rights and seriously restricts the freedom of movement of the Palestinian population, thereby violating article 12 of the International Covenant on Civil and Political rights to which Israel has been a party since 3 October 1991; the illegality of the construction of the Wall was confirmed by the ICJ in its Advisory Opinion of 9 July 2004, which was endorsed by the UNGA in its resolution ES-10/15.

19.7 by systematically building settlements in Jerusalem and the West Bank, Israel breaches the rules of international humanitarian law governing occupation, in particular article 49 of the Fourth General Convention of 12 August 1949, by which Israel has been bound since 6 July 1951. This point was noted by the ICJ in the above-mentioned Advisory Opinion;

19.8 by pursuing a policy of targeted killings against Palestinians whom it describes as "terrorists" without first attempting to arrest them, Israel violates the right to life of the persons concerned, a right enshrined in article 6 of the Covenant on Civil and Political Rights;

19.9 by maintaining a blockade on the Gaza Strip in breach of the provisions of the Fourth Geneva Convention of 12 August 1949 (art. 33), which prohibits collective punishment;

19.10 by inflicting extensive and serious damage, especially on persons and civilian property, and by using prohibited methods of combat during operation "Cast Lead" in Gaza (December 2008 – January 2009).

20. While the EU and its member states are not the direct perpetrators of these acts, they nevertheless violate international law and the internal legal order of the EU as set down in the EU Treaty either by failing to take the measures that Israel’s conduct requires them to take or by contributing directly or indirectly to such conduct. The relevant provisions of the EU treaty as per the Lisbon Treaty, (OJEU C 115/01-9 May-2008) which came into force in January 2010 include:

"PREAMBLE CONFIRMING their attachment to the principles of liberty, democracy and respect for human rights and fundamental freedoms and of the rule of law,

Article 2 The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, nondiscrimination, tolerance, justice, solidarity and equality between women and men prevail.

Article 3 […]

Article 5. In its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to the protection of its citizens. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter.

Article 17:

1. The Commission shall promote the general interest of the Union and take appropriate initiatives to that end. It shall ensure the application of the Treaties, and of measures adopted by the institutions pursuant to them. It shall oversee the application of Union law under the control of the Court of Justice of the European Union. It shall execute the budget and manage programmes. It shall exercise coordinating, executive and management functions, as laid down in the Treaties. With the exception of the common foreign and security policy, and other cases provided for in the Treaties, it shall ensure the Union's external representation. It shall initiate the Union's annual and multiannual programming with a view to achieving interinstitutional agreements.

TITLE V

GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION AND SPECIFIC PROVISIONS ON THE COMMON FOREIGN AND SECURITY POLICY

CHAPTER 1: GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION

Article 21

1. The Union's action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world:

democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law. The Union shall seek to develop relations and build partnerships with third countries, and international, regional or global organisations which share the principles referred to in the first subparagraph. It shall promote multilateral solutions to common problems, in particular in the framework of the United Nations.

2.  The Union shall define and pursue common policies and actions, and shall work for a high degree of cooperation in all fields of international relations, in order to:

(a) safeguard its values, fundamental interests, security, independence and integrity;

(b) consolidate and support democracy, the rule of law, human rights and the principles of international law;

(c) preserve peace, prevent conflicts and strengthen international security, in accordance with the purposes and principles of the United Nations Charter, with the principles of the Helsinki Final Act and with the aims of the Charter of Paris, including those relating to external borders;

(d) foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty;

(e) encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade;

(f) help develop international measures to preserve and improve the quality of the environment and the sustainable management of global natural resources, in order to ensure sustainable development;

(g) assist populations, countries and regions confronting natural or manmade disasters; and

(h) promote an international system based on stronger multilateral cooperation and good global governance.

3.  The Union shall respect the principles and pursue the objectives set out in paragraphs 1 and 2 in the development and implementation of the different areas of the Union's external action covered by this Title and by Part Five of the Treaty on the Functioning of the European Union, and of the external aspects of its other policies. The Union shall ensure consistency between the different areas of its external action and between these and its other policies. The Council and the Commission, assisted by the High Representative of the Union for Foreign Affairs and Security Policy, shall ensure that consistency and shall cooperate to that effect.

B. Breaches by the EU and its member states of specific rules of international law that require the EU and its member states to respond to violations of international law committed by Israel

21. Certain rules of international law require the EU and its member states to take action to prevent Israel from committing specific violations of international law. Thus, - with regard to the right of peoples to self-determination, the UNGA Declaration on friendly relations (A/Res. 2625 (XXV), 24 Oct. 1970) states, as its fourth principle (2nd para.):

"Every State has the duty to promote, through joint and separate action, realization of the principle of equal rights and self determination of peoples […] and to render assistance to the United Nations in carrying out the responsibilities entrusted to it by the Charter regarding the implementation of the principle […]" [ICJ, Reports 2004, , § 156] similarly, the 1966 Covenant on Civil and Political rights stipulates that:

"The States parties […] shall promote the realization of the right to self-determination:"

- with regard to human rights, the same UNGA Declaration states in the same context (4th principle, 3rd para.):

"Every State has the duty to promote through joint and separate action universal respect for and observance of human rights and fundamental freedoms in accordance with the Charter" (see also the 5th principle, 3rd para.);

- furthermore, the Euro-Mediterranean Association Agreement of 20 November 1995 (OJEC L 147/1 of 21 June 2000), states that:

"Respect for democratic principles and fundamental human rights […] shall inspire the domestic and international policies of the Parties and shall constitute an essential element of this Agreement" (art. 2); this provision requires the EU and its member states to ensure that Israel respects fundamental rights and freedoms, and it follows that by refraining to do so the EU and its member States are violating the agreement; as shown by the CJEC in the Brita case (CJEC, 25 February 2010), EU law is also applicable to the EU’s relations with Israel; while the agreement also stipulates that this does not prevent

"a Party from taking any measures […] (c) which it considers essential to its own security in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war or in order to carry outobligations it has accepted for the purpose of maintaining peace and international security" (art. 76), the RTP does not consider that this possibility accorded to the contracting parties can be invoked to justify the failure of the EU and its member states to fulfil their obligation of due diligence to ensure respect for human rights by the other party; on the contrary, fulfilment of the obligation in question may contribute to the maintenance of "peace and international security";

- with regard to international humanitarian law, common article 1 of the four Geneva Conventions of 1949 stipulates that "The High Contracting Parties undertake to respect and to ensure respect" for the Conventions, as noted by the ICJ in the Wall case:

"It follows from that provision that every State party to that Convention [the fourth Geneva Convention], whether or not it is a party to a specific conflict, is under an obligation to ensure that the requirements of the instruments in question are complied with." (ICJ, Reports, 2004, § 158);

The official ICRC commentary emphased the significance of common article 1, stating